JUST LAND GOVERNANCE IN HAITI

The governance of land and other natural resources vital to life is a global problem with a history starting before history was written.  The abuse of land and real property rights is a problem in the both developed counties and in the least developed countries.  I have struggled with the governance of land in my own career as a "dirt" lawyer serving urban community development organizations. When my attention was turned to Haiti a few years ago, that country's historic land governance problems were at the top of the list of things I began to study.  I found that land governance problems in Haiti and in poor Cleveland neighborhoods have some interesting similarities.

Take food security, for instance.  In both rural Haiti and urban neighborhoods there are "food deserts."  Recently, people in those places have started to grow good food for themselves within a few miles of where it is consumed.   Forest Hill Church in Cleveland Heights, for instance, uses a bit of its land now to grow food crops to supplement the diets of people in their neighborhood who suffer from food insecurity part of every month.  Urban gardening programs abound in this region and operate on a commercial scale in some instances.

In our visits to Haiti in the past two years, we saw post-secondary school agronomy education, agricultural experimental and demonstration farming, and the development of small villages committed to self-sustaining food production.  Haitian agronomists are leading a renaissance of sustainable, small-scale farming in order to achieve a safe and secure food supply with high nutrition value for more of its people.  The country cannot depend on the goodness of foreign powers to be trading partners in food products.

I would like to introduce readers to an excellent article on this topic written by Kysseline Cherestal, an attorney and senior policy analyst at ActionAid USA, an international agency advocating for the land rights of poor and marginalized people around the world.  (She is the daughter of Dr. Kyss and Nicole Jean-Mary and Ralph Jean-Mary's sister.)  Read her article.

Kysseline Cherestal

We dare not avoid the part of her article, and her subsequently published report for the anniversary of the earthquake, describing the misguided "help" from the US in grabbing land from subsistence farmers without fair compensation in order to score a quick and highly visible success in putting up an industrial park.  US policy is complicit it the exploitation of landholders whose capacity to defend their rights and interests are miniscule compared to the power of politically dominant foreign companies looking for cheap production.  It is also complicit in the use of agricultural policies that favor large corporate farms to the detriment of the internal food chain in Haiti and other poor countries.  We need to pay more attention to our country's responsibility for injustice in land governance resulting from our policies even while we are acting in merciful generosity to provide earthquake relief.

A good start for anyone interested in this issue would be Voluntary Guidelines on the Responsible Governance of Tenure in Land, Fisheries and Forests in the Context of National Food Scarcity.  This report issued in 2012 by the UN is the work product of an international study and an attempt to generate discussion of this issue because it is so largely ignored at this time.

The Haiti Law Property Group published its Haiti Land Transaction Manual in 2012 to assist post-earthquake reconstruction programs deal with the difficult land tenure and transfer processes that held stopped many important building projects because it was impossible to get a clear title to the land.  In an article earlier this month, Elizabeth Blake, a leading force in the Haiti Law Property Group and Senior Vice President of Habitat for Humanity, reported on the current success in construction in Port au Prince aided by the use of the Manual.  She also said a second manual will be published in collaboration with the Haitian government later this year.  This manual will focus on securing land rights, addressing ownership, leasehold, rent-to-own and other rights on public and private land.  This is encouraging news.

Prime Minister, Laurent Lamothe, officially launched land reform in Haiti in 2012.  The news report of this program outlined a monumental task of both technical and legislative work taking a decade to accomplish.  Without this kind of reform, though, development and agricultural improvements will proceed at a very slow pace, if at all.  Let's pray that the government can sustain its necessary leadership on this vital march toward more just land governance in Haiti.

 I have corresponded with Kysseline about this blog posting and she  urges North Americans to do three things: (1) call on the US Congress to pass the Assessing Progress in Haiti Act of 2013;   (You can send a letter from this website to Senate Majority Leader, Reid, with a copy to Senator Sherrod Brown.  http://cqrcengage.com/actionaid/app/sign-petition?2&engagementId=38938.)  (2) We should also call on the US government to respect the commitments it made by endorsing the Voluntary Guidelines in 2012;    (3) Finally, we should urge support of a Haitian community-led process for the implementation of the Guidelines in Haiti.  The Government of Haiti also endorsed the Guidelines as a member of the Committee on World Food Security.

These initiatives are now are among the best tools to uphold the land rights and food security in Haiti.  

--kjl

JUSTICE FOR GARMENT WORKERS IN HAITI

On January 11, 2010 the NPR News Hour ran this story (click on the link) describing a new hope for economic development of Haiti's garment industry.  Political and social violence had been quelled, governmental stability was returning, and closed factories were opening and retooling for a new beginning.  The Haitian garment industry was at the pinnacle of this hope and a major attraction for new investment from the US and other countries.  Haiti had expectations of large-scale investment for its economy as well as for just wages and working conditions for its garment workers.  It had the attention and leadership of US ex-President, Bill Clinton.  As the Prime Minister said, Haiti was ready to move from misery to poverty.  Better conditions were just around the corner.  What could go wrong?

On January 12, the very next day after this optimistic report was aired, the earthquake hit.  It was as if the nation's whole economy had a stroke.  Jobs and the promise of jobs died in an instant.  Haitians had no money to put into the broken economic system.  The emergency distribution of relief further damaged the broken system for delivering food, goods and services.

Now, four years later, what has happened to the hopes and promises for development of a thriving and fair garment industry in that country?

As 2013 came to a close, a spate of reports on the conditions of Haiti's garment industry made for grim reading.  Multiple watchdog agencies reported on illegal conditions -- wage theft, sexual harassment,  and poor safety and sanitation standards that violated not only Haiti's laws but also the promises of manufacturing companies supplying big retailers in the US and other countries where Haiti-made apparel is sold.  Brands like Gap, Gildan, Hanes, Kohl’s, Levi’s, Russell, Target, VF, and Walmart are buyers of garments from Haiti and they are well-aware of this law-breaking.  Yet they continue with business as usual, profiting from the lower prices that they can obtain from factories that abuse and cheat Haiti's workers of legally owed wages.

One of the situations described with particular dismay is the new garment factory built after the earthquake in a new $224 million industrial park in Caracol, at place located in the northern part of Haiti far away from Port au Prince.  This venture was controversial from the beginning because it took productive farming land away from subsistence farmers to put up a huge factory in a place with no social or civic structure to provide for health, safety, security or education for thousands of workers transplanted there.  The industrial park was heralded as the centerpiece of US earthquake recovery efforts brought about under the leadership of President Bill Clinton.  It turns out to be a leading practitioner of wage cheating and it fell short of other promises, such as the numbers to be employed and living conditions to be provided for workers.

The usual battalions of corporate public relations suits all responded promptly to the barrage of damning reports and corrections have been promised.  (See the Fruit of the Loom statement below.) Indeed, the most promising thing for improvement of Haitian garment workers is the perseverance of those watchdog agencies who will surely keep the glare of public attention on the Haitian garment industry and its assurances.  The fight for better working conditions and fair wages is very incremental and requires both persistence and resilience.  Justice will not come like a bolt of lightening; it will take years.

Refusing to buy clothing made by exploited Haitian workers is not a solution that helps the workers.  Haiti, after all, is not the only country whose garment workers are exploited for bigger profits and a few boycotts will not help poor Haitians.  For most of them, being exploited at work is better than no job at all when there are malnourished children to feed, no other legal means of employment and 70% unemployment.

I will not presume to advise fellow consumers on how to behave.  But we consumers do at least need to be aware of the unjust and broken system of which we are a critical part.  We must support honest watchdog agencies in the role they play.  We must encourage corporate giants to reduce their inhumanity, support government policies that protect the weak and wage-dependent from predatory business practices.  We must consume with mindfulness of the role foreign factory workers have in the garment industry when we make purchases.  We must humbly recognize ourselves as both part of the problem and part of the solution in this matter.

Notes:

    1.  Thanks to Diana Woodbridge for inspiring the research for this entry.

    2.  Workers Rights Consortium, Stealing From The Poor: Wage Theft In The Haitian Apparel Industry.  [WRC is a group representing nearly 200 universities that monitors factories making college logo apparel.]

   3.  Better Work Haiti, Garment Industry 7th Biannual Report Under The Hope II Legislation.
[Better Work Haiti is an innovative partnership of the International Labour Organization and the International Finance Corporation that aims to improve working conditions and promote competitiveness in global supply chains.  The US Congress passed the Haitian Hemispheric Opportunity through Partnership Encouragement (HOPE and HOPE II) Acts, which allowed for duty-free treatment for textiles, apparel and other goods from Haiti to the US.  Better Work Haiti provides technical assistance for compliance by both the government of Haiti and the US with the provisions of the legislation, including protection of workers' rights to fair wages and safe, clean working conditions.]

   4.  Statement of Fruit of the Loom in response to reports that its suppliers in Haiti were violating the rights of Haitian garment workers.

We are greatly concerned about the recent report from the Workers Rights Consortium (WRC) regarding the issue of minimum wage compliance in the Haitian garment industry.  It is our view that the clear intent of Haiti's minimum wage law is for production rates to be set in such a manner as to allow workers to earn at least 300 gourdes ($7.07 USD) for 8 hours of work in a day.  Based on our independent investigation, we concur with the WRC that the garment industry in Haiti generally falls short of that standard.

Fruit of the Loom’s Code of Conduct requires, at minimum, strict compliance with applicable laws. With respect to the Haiti minimum wage regulations, we are committed to ensuring that our Haitian suppliers come into compliance with the law of Haiti. For purposes of measuring wage compliance, we will utilize the standard that has been employed by the ILO/IFC Better Work Haiti program. We plan to engage with the WRC and other relevant stakeholders, including worker representatives in Haiti, to address this issue. We recognize that remedies for past violations will be a topic of this discussion.
For further information, please contact Stan Blankenship, Vice President of Corporate Social Responsibility, at 270-781-6400.

--kjl

THE GREAT DEBATE: PATRON OR PARTNER

Some members of the FHC Haiti 2013 team have published significant personal memories about the trip and its impact on their lives.  Those can be seen in this previous post of videos.  Here now is mine.

It was November 1, a national holiday in Haiti, and that morning as I was standing on the road in front of the headquarters of Haiti Outreach in Pignon waiting for my ride, a young man approached and introduced himself.  We chatted briefly in Kreyol until he suggested we move under the shade of a tree and switch to English.  He had something serious to talk about.

My new friend said he and his father, a minister, ran a school for poor children in their church.  He showed me pictures of youngsters and of his family.  He then proposed that I assist their work with money for food for the children at the school.  His presentation was excellent, gracious and direct, qualities I could appreciate as a professional grant supplicant.  I was also humbled by the fact that he was asking for my help in my language while I could not conduct a substantive conversation in either of the two languages he commanded.

I responded to his request that I had neither institutional nor personal resources at my disposal to provide for more than a meal or two for a group of children.  Then I took the occasion to ask what the school could do to enable the children to be fed with resources of their own making, a more permanent solution.  After all, I asked, is it not better to acquire the skill of fishing than to depend on the charity of others to get one's fish day by day?

His reply to me was quick and sure.  It is not possible, he said, for starving people to learn how to fish or learn anything.  One must survive first before one can develop capacities for future benefit. The children he was pleading for needed to be fed now or they would starve.  This was indeed a strong response to my question.  Of course, in the circumstances I had no way to verify how close the children were to starving; but in rural Haiti one can see malnourishment on all sides, even in the countryside where food is grown and sold.  Since I had no intention of giving him money, asking for verification of the need and assurances of his management and accountability was impudent.

I sought instead to ask this eloquent and capable supplicant what kind of help would benefit Haiti the most, charity which satisfied the need of a moment or partnership in developing permanent capacity for healthy living within Haiti.  Haiti, I suggested, would remain poor and dependent on outsiders until it developed the capacity to meet its most critical health and safety needs.  I pointed to the nearby Haiti Outreach offices with its trucks and equipment, and asked if helping villages obtain and manage their own safe drinking water was not making permanent improvements in the lives of people.

My young friend's response was disheartening.  He asserted that developing community owned and managed clean water sources was a hustle that only helped those who were on the organization's payroll. Americans who sent their money for this work were not helping Haiti's most needy, he said, but were instead enriching and enhancing only those who installed wells.  This view was surely not that of the people across Haiti who are now getting clean water daily from a community owned and managed well or those community leaders I saw while I was there working to build their skills and capacities for managing a well of their own.  I read the reports and saw for myself what community development for living water means in Haiti where half the population does not have it.

We had come to a point in our debate where we could only make variations on our respective themes.  He was seeking an immediate grant of cash and my trust that it would be managed and used responsibly for the intended beneficiaries.  I was advocating an investment in personal and community capacity building so that all those who benefited would take responsibility for sustaining and renewing what was used.  We did not resolve our differences before we parted.  I could not and would not accept the role of patron of one or two feasts for his kids and he could not and would not accept the idea of a partnership aimed at reducing the dependence of Haitians on foreign resources.

It is possible that neither of our positions in this debate provide a practical solution for chronic national poverty. He is not wrong to say that people have to eat to live and develop.  I, on the other hand, don't see how people depending on begging alone can count on surviving.  There needs to be a way to participate with communities in Haiti to advance their health, stability and wellbeing; participating not as patrons and beneficiaries, but collaborating as partners.  I can't say that I know yet what that means for me as an individual.  I am fairly sure that people in Haiti who would depend on me for money are in deep trouble.  But is there something else that I have to offer as a partner in community?  What resources can I offer?  Am I open to receiving help in this partnership?

The debate along the road in Pignon is not over for me.  For now, though, I am inclined to be a partner more than a patron.  I can seek for justice with Haitians who see so little of it; I can remember that mercy is something both to give and to seek; and I can trust that, whether I realize it or not, something good will eventually come of my efforts.   I'll need to keep my eyes open for a vision.

--kjl

HAITI: REFLECTING ON THE EXPERIENCE

This video summarizes the experience of 18 people who went from Forest Hill Church to Haiti in October, 2013.  This "pilgrimage to partnership" is one more step in a deepening relationship.

Video    Haiti 2013: Forest Hill Church

Here are reflections by some of the members of the team after their return from Haiti in November.

Anne Smith

Carline Paul-blanc

Charity McDonald

Jeanette Nemcek

Jeff Smith

Joan Bacon

John Lentz 1

John Lentz 2

Laurie Logan

Paul Jennings

Rosanna Sprague

Mary Ball

PAUL'S REFLECTIONS ON HAITI

Paul Jennings wrote to tell friends and family about his experience in Haiti.  Paul agreed to publish his newsletter here.

Haiti Mission Trip – Paul Jennings Reflections

October 2013

Forest Hill Church

From the beginning I was wondering what to expect from this mission trip.  I assumed we were coming to help the people.  The entire trip was only 8 days in length.  I felt like maybe we should schedule more work and less tourism. A previous mission trip was conducted by FHC in the spring of 2012 to try to determine which organizations we should partner with, in order to be more effective in our attempts to help the people of Haiti.  On this latest trip we worked with a local group called the Little Brothers and Little Sisters of the Incarnation.  

When people ask, “what was it like?” so many thoughts come to mind that it is hard to decide what to say.  Haiti is the poorest country in the western hemisphere.  They suffered massive destruction in the 2010 earthquake and are still in the process of recovering from that event.  Joshua, one of our translators, told us that the majority of people in Haiti eat only one meal a day.  There are so many outside groups in Haiti trying to help, and apparently their track record is a bit mixed.  This makes it all the more important that we be vigilant in figuring out who we should be working with.

Much progress has certainly been made in rebuilding.  Visible signs of the earthquake damage have been dramatically reduced.  There are vibrant sidewalk shops everywhere, selling all types of food and other goods.  The clothing and artwork are very colorful.  There are many signs of how industrious, clever and hard-working the people are.  Although most people are walking, there are also motorcycles used as taxis and small pickup trucks with two benches and a cover in the back, that are used in lieu of buses.  Donkeys and horses are frequently used to haul things and people will often carry sizable loads on top of their head.  I suspect that this results in strong bones and very good posture!  We could use some of the health benefits of more walking, back here in the US.

We spent two days in the Port-au-Prince area.  It was quite an adventure to be driven from the airport in our van.  Due to a mix-up, it was too small, with 18 of us having to fit into a 14 passenger vehicle.  The obvious backlog of work needed on the roads gave us a whole new understanding of the term pot-hole.  The next day we rode up to the top of the mountain range south of the city and saw a very breath-taking view of the entire surrounding area with the beautiful Caribbean water and islands near the city.  We ate lunch at a Baptist Mission restaurant.  They had organized many local artisans and were selling fair trade items to help boost the local economy.  They had a variety of items including T-shirts with colorful hand painted Haitian-themed images, many wood carvings, colorfully painted metal-work items, embroidered linens, jewelry and lots more.  On Sunday we went to a church service at the Episcopal cathedral in Port-au-Prince.  The original building was lying in ruins as we worshipped in a temporary structure.  This was their first service conducted in the local Kreyol language.  Prior to that, they were always in French.  There were three separate choirs with great music.

We next drove on to the central plateau region near the city of Hinche.  The area was very green with tropical vegetation and the weather was not quite as hot due to the higher elevation.  We stayed at a very nice hotel that was built and managed by the parents of Ralph Jean-Mary, a member of Forest Hill Church.  Ralph, who was born and raised in that location, was instrumental in starting the 2010 mission trip.  He works for the Cleveland Clinic, and would have been with us this time, except that he was recently assigned to a project in Abu Dhabi.  We were hosted by the Little Brothers and Little Sisters of the Incarnation and did our work over the next five days in this area.  There were 18 of us from Cleveland, organized into 3 teams. 

The medical team mission included bringing a doctor, several nurses, and others along with some drugs and supplies to provide primary care at a rural clinic.  The team was able to serve over 400 people at the clinic.  Carline Paul-Blanc, was our team member that grew up in Haiti and is now working on her nursing degree in Cleveland.  She was like the bionic woman, doing nursing, translating, and dealing with children that were being somewhat less than “accurate” in what they said.  A nine year old boy was observing Rosanna taking blood pressure readings as he waited in line.  He finally said, “I can do that!”  So Rosanna let him try it.  And, with great attention to detail, he properly measured many other people until it was his turn to be served.  A four year old girl came to the clinic holding the hand of her elderly grandfather.  It soon became apparent that she was leading her grandfather, who was blind.  When it came time for the girl to be served, the grandfather gently grabbed the arm of our team member and said, “you be sure to take good care of my girl, now.”  Another five year old girl came in leading two younger siblings by the hand, with no adult to accompany them.  The visits to the clinic were not free.  They had to pay a small fee to the Little Brothers/Sisters that was equal to about $0.12.

The orphanage team did a great job of planning.  Their activities included taking pictures of each child, having them decorate a frame, and bringing a printer to create the pictures on the spot.  For nearly all the children, this was the first picture of themselves that they had ever seen.  It was a colorful treasured addition to the wall of their, otherwise somewhat Spartan, room.  The team taught the children how to make bracelets on a plastic loom, and provided a number of toys and games for them to play with.  One of the girls observed the looms in action and figured out how to make the bracelets by using only her fingers.  She taught many of the other girls how to do this, as well.  The children sang some remarkable songs which truly charmed our team. 

I was part of the agronomy team and we weren’t real sure exactly what we were going to be doing. We first went to see a village that was built by the Little Brother/Sisters.  The goal of these villages is to provide housing and make them self sufficient by having gardens, chicken coops, goats, wells, latrines, etc.  We thought that we might help them build another latrine there, but problems with too much sandy soil and cave-ins did not allow us to do that.  We next went to the agronomy school and helped them by working in their gardens where they experiment with new techniques and varieties of plants.  The food they produce is used to feed the 60 students and the staff at the school.  We helped to prepare the soil, planted seeds which we brought from Cleveland, and transplanted some seedlings. We drank a whole lot of water because it was very hot!  They produce their own compost for fertility, and everything was laid out so it can be irrigated at the dry times of the year.  It was interesting to see their attention to details such as putting the seedlings on the side of the little hills in such a way that they are shaded from the afternoon sun.  They even used palm branches to retain moisture and protect seeds from the hot sun while they are sprouting.  It was very interesting to see that they were learning techniques that are much more like what we call truck farming to raise produce rather than the cash cropping that we do in the US.  We also got to suit up to see them maintaining their beehives, and observed their facilities for raising goats. 

Our most interesting interaction was a question and answer session at one of the classes at the agronomy school.  It is a two year work-study program with 6 months of classes, 6 months of a project back home, and repeating that for the next year.  We explained what was being done during our mission trip and then struggled a bit with asking, “what do you need?” followed by having them ask, “what can you do for us?”  It struck me that each of them is trying to learn how to be an entrepreneur.  We discussed this further with the professor and learned that they need training, tools, and financial support including such things as text books in French, more computer equipment for better access to the internet, bee-keeping equipment, scholarships, and access to some micro-lending for their projects. 

I am reminded of the Chinese proverb that says, “Give a man a fish; you have fed him for a day.  Teach a man to fish; and you have fed him for a lifetime.”  So I guess all of us are trying to figure out how we can help teach people how to fish.

Thank you all for your interest and your support.

Paul

CONNECTING WITH CHILDREN THROUGH CRAFTS AND SONG

Part of the team from FHC spent four days with orphans and their teachers at the school run by the Little Sisters of the Incarnation at Pandiassou.  Team members, Deanne Lentz, Joan Bacon, Elizabeth Shaw,  Mary Ball and Anne Smith lugged suitcases full of craft supplies and a portable printer.   Their heads were packed with projects and ideas for partnering with children and teachers in a creative binge.

After a hesitant start on the first day, things picked up and excitement built.  By the last day all the children had a framed photograph of themselves -- for many, a first portrait of their very own.

There were bracelets and other adornments, drawings, collages and memories left behind.

--kjl

PRIORITIZE THE POOR AND WORK WITH THEM

I found this article to be in line with what we have heard from some of the people we met in Haiti.  It is a perspective that I saw working in Haiti Outreach's clean water development work. --kjl

Nov. 11 issue

We can’t forget Haiti

By Theo Sitther

The story of Haiti is one of survival in spite of tremendous odds. Mennonite Central Committee partners there often put their analysis of Haiti’s current situation in a historical context.

The story begins in 1804, the year of Haiti’s independence from French colonization and slavery, and the establishment of the first black republic. But the United States, France and Spain, fearing slave rebellions in their own countries and colonies, punished Haiti with trade embargoes. Over the years, hardship continued, with multiple U.S. military interventions, the accumulation of debt by dictators and unjust trade and economic policies throughout the 1990s.

Even the impact of the 2010 earthquake, a natural event, was made far more disastrous by human factors. Many farmers had migrated to cities like Port-au-Prince because they could no longer make a living — due in part to the cheap imported rice from the United States.

However, response to the 2010 crisis presented an opportunity for change.
MCC and other groups continue to work on ensuring that the people of Haiti are included, involved and consulted throughout the processes of relief, reconstruction and development. Our contribution to the recovery is small, but being informed by local priorities is effective.

International actors and policymakers rallied in support of Haiti, pledging billions of dollars in aid. U.S. officials who were put in charge of relief and reconstruction promised to “build back better.”
Now almost four years later, this goal seems like a distant memory. The rallying cry of the international community sounds more like a whimper.

Haitians wonder what has happened to the billions of dollars in aid that were pledged. Even though millions of dollars have been spent, many Haitians continue to experience poverty.
Nearly 300,000 people continue to live in tent camps. Many are living in so-called transitional shelters. Those who are still living in tents have few options for finding a permanent home.

U.S. aid in Haiti has tended to focus on private-sector industrial growth rather than direct support to earthquake victims. Millions of dollars have been spent on an industrial park in northern Haiti. These types of investments are supposed to create jobs for the Haitian people. But it is unclear how low-wage factory jobs that pay up to $5 per day will allow Haitians to support their families, much less raise the standard of living.

MCC’s partners in Haiti call for a development approach that prioritizes the most vulnerable and holistically addresses the population’s needs. For example, the 300,000 people living in tents deserve to have one of their most basic human needs — dignified housing — met. More resources should be devoted to such needs.

The U.S. and other international actors in Haiti should be more transparent and consultative with Haitian civil society when carrying out development projects. When Haitians themselves are in control and at the center of the rebuilding process, U.S. aid efforts will be far more effective. See washington.mcc.org/advocate/alerts to learn about advocating for aid accountability in Haiti.

Haiti’s story can go beyond mere survival to a country that thrives and prospers. The Book of Proverbs says wisdom “walks in the way of righteousness, along the paths of justice” (8:20). Wise policies for Haiti will foster justice by focusing on the most vulnerable.

Theo Sitther is senior legislative associate for international affairs in the Mennonite Central Committee U.S. Washington Office.