Wednesday, December 14, 2011

ARTICLE - RULE OF LAW - FAR FROM REALITY

THE RULE OF LAW IN HAITI IS FAR FROM BEING A REALITY
(Haiti Libre) -

Today, the concept of "rule of law" has become very common all over the world. The United Nations currently is advocating a full respect for human rights worldwide. In Haiti, the rule of law is far from being a reality according to the analysis of several personalities in the Haitian community.

In order to achieve a rule of law in Haiti, a civic education of the population is necessary. This should start through the schools, which is the basis for the construction of the rule of law, according to Luc François, an activist lawyer of the Bar of Jacmel. "It is inconceivable that we continue to say - Nobody is supposed to ignore the law -, while most people still do not know the law". For the lawyer, civic education of young people is a must, allowing for inculcating the concepts of rights and duties, in order to develop among the latter a sense of patriotism. Mr. François, believes that a change in mindset needs to be done in terms of Haitian citizens. "There must be an effective separation of three powers:... the executive, legislative and judiciary. For a very long time, there has been a practice where the Executive wants to always have control over the judiciary."

The lawyer activist of Jacmel, describes as abnormal that the Haitian National Police (PNH) always act "tit for tat" with the law, while it is an element of the judicial system. All this is a block to getting to a Rule of law in Haiti. It calls for respect and strict enforcement of laws in the country, while hoping that all authorities assume their responsibilities. "As long as impunity reigns in the country, this problem will continue [...] we need unity among all sectors, including: community leaders, grassroots organizations, NGOs and others. Identify new visions and stop defending our petty interests, but only those of the collective" suggests Mr. Luc François.

Jean Jeudi, defender of human rights of the society Makaya (SOMA), to Jacmel, said that he believes that a harmonious relationship between civil society and government, is one of the key factors in the process of the rule of law in Haiti. For the director of SOMA, the economic problems that Haiti is facing, are related to violence and corruption within the institutions of the country. "A strategic plan should be developed by state authorities to better coordinate the activities of NGOs and other institutions of civil society. The funds released for implementation of projects in the communities, should not be used for any other purpose," indicated the human rights activist. "A platform of advocacy could be established, comprising representatives from each municipality of the country to think about the problems of their area and make proposals to decision makers."

At his inauguration on May 14, 2011, at the National Palace, President Michel Martelly focused on Education, Environment, Employment and the Rule of law, which are the four main axes of his government. These four pillars can be summarized into one, "the rule of law", because of the interconnection between them, and that all, are part of fundamental rights.

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