HAITI'S GOVERNMENT

Haiti has a governmental structure of institutions with familiar names to us.  But in the political news out of Haiti the personalities of office holders and their actions often overshadow the governmental institutions.  Actions of outside institutions -- the U.S., the U.N. and a large array of foreign and domestic non-governmental organizations (NGOs) -- often overshadow Haiti's government.  The first step in respect for the government of Haiti is recognizing its institutional structure.

The Constitution:  Haiti has 23 constitutions since 1801.  Its present constitution was adopted in 1987 following the end of the Duvalier regime.  In 2011 there were amendments enacted.  The constitution provides for a democratically elected national government structured in three branches -- executive, legislative and judicial.

Office of President:  Michael Martelly, the 44th President of Haiti, was elected in 2010 to a five-year term in a controversial election.  Martelly, known as Sweet Mickey, is a pop singer famous among Haitians for his music, often described as raunchy.  He is affiliated with the Repons Peyizan (Farmers Response) political party.  As President, he is the head of state while the Prime Minister heads the government. Together they lead executive branch of government.

Office of Prime Minister: Laurent Lamothe is the Prime Minister and has held the office since May, 2012.  Prime Ministers are selected by the President and confirmed separately by the Senate and the House of Deputies, Haiti's two legislative bodies.  Before he became Prime Minister Lamothe was briefly Haiti's Foreign Minister under Martelly.  He was head of a global telecommunication business before entering public office.

The Cabinet:   Besides the Prime Minister, there are 13 other Cabinet Ministers in Haiti's government who oversee specific administrative functions.

Legislature:  There are two branches of the National Assembly.  The Senate consists of thirty members, one-third of which are elected every two years.  The Chamber of Deputies consists of ninety-nine members elected for four-year terms.

Judiciary: Haiti's legal system is based on the Napoleonic Code.  There are four levels of courts: the Supreme Court (Cour de Cassation) which deals with matters of constitutionality and procedure; the courts of appeal, civil courts and magistrates courts.  Judicial officials are appointed by the national government and serve at its pleasure.  The justice system has been subject to severe abuse and is not regarded as independent and reliable in the administration of justice.

Regional and Local Government:  Haiti is divided into ten departments.  Our travel will be to the Central Department.  It has a population of 565,000.  Each department is divided into districts called arrondissements which are named for principal cities.  There is a total of 42 arrondissements. In the Central Department the City of Hinche is the seat of one of four arrondissements in the Department.  Arrondissements are further divided into communes, of which there is a total of 140 in the country.

The provision of governmental services at the regional and local levels in Haiti is hampered by a lack of capacity.  Government is highly concentrated in the capitol city, Port au Prince.  The ability to deliver governmental services and keep order in accord with law is one of the capacities needing development in Haiti.  Advances in health, safety, education and security require capacity and community building at the local level.  That is a long term commitment we who care for the people in Haiti need to keep in mind.

--kjl