In the Field: Remodeling Haitian Law

aiti is currently experiencing numerous challenges to the rule of law, including chronic poverty, street crime, drug trafficking and other serious crimes. According to Haitian officials, the country’s criminal laws—some of which has not been updated since 1860—do not address the spate of crime the country faces and fail to comply with international human rights law. There is considerable support within the justice system and beyond to reform the Haiti’s criminal laws.

To assist with this effort, since 2002, USIP’s Rule of Law Center of Innovation and the Irish Centre for Human Rights have spearheaded the Model Codes for Post-Conflict Criminal Justice Project in cooperation with the U.N. Office of the High Commissioner for Human Rights, the U.N. Office on Drugs and Crime and more than 200 criminal justice experts from around the world. The project aims to assist lawmakers involved in post-conflict criminal law reform by providing them with tools tailored to countries emerging from conflict. The project has produced a set of four model codes—two of which have been published—which can used to create, enhance or plug gaps in criminal laws in post-conflict states.

Vivienne O'Connor

In August, Haitian Minister of Justice and Public Security Rene Magloire invited a team from the Rule of Law Center of Innovation to Haiti to present the model codes. The team included Rule of Law Program Officer Vivienne O’Connor, Program Assistant Nina Brantley and Professor Louis Aucoin from Tufts University, who worked to draft the model codes. The Americans met with high-level representatives from the Senate, the House of Representatives, the Ministry of Justice, the Police Service and Prison Service, the Bar Association and the Follow-Up Commission on the Reform of the Judiciary and Civil Society. The team and Haitian officials discussed the challenges of criminal law reform and how the model codes could be applied. Haitian print and television media were also briefed on the initiative.

“We were overwhelmed by the enthusiasm of the lawmakers,” O’Connor reflects. “USIP has always held the position that the model codes should not be merely copied and pasted into new criminal laws but should be a starting point for discussions on new provisions as a source of inspiration. Our Haitian counterparts shared that vision.”

In response to various requests from parties involved in the reform process, the Rule of Law Center of Innovation plans to follow up on the effort by providing further guidance and consultations at Magloire’s request. The center is also examining translating the model codes into French and more meetings in Haiti.