Добірка наукової літератури з теми "Haitian legal system"

AbstractThis article is an attempt to draw attention to the nature of the assistance model of state reconstruction and its significance for the UN system. Traditional international legal doctrine identifies valid state consent with an effective domestic government. Moreover, effective control remains the means for applying the legal right of self-determination for the population of a state as a whole. Nonetheless, a frequently adopted paradigm for large-scale international involvement in the reconstruction of an ineffective state operates through the consent of an ineffective government. The assistance model is found in the recent past of Haiti (1994–1997; 2004–), Sierra Leone (1998–2005), Liberia (2003–), Afghanistan (2001–), in Iraq following the formal end of the belligerent occupation (2004–), and there are signs that it could soon be pursued in Somalia. To reveal how the assistance model of state reconstruction in fact relates to the political independence of the target state and its people, the key features of the assistance model and related legal issues are addressed. The main argument is that while the assistance model appears unremarkable, in fact it offers little protection for political independence and as a consequence puts at risk the core values of the UN system of self-determination of peoples and international peace.

This paper aims to explore new trends in Brazilian refugee and migratory law in the last 20 years. In doing so it addresses the evolution of the definition of “refugee” in Brazil, expanding the eligibility grounds provided by the 1951 Geneva Convention on the Status of Refugees (1951 Convention). Reviewing international and regional refugee law, the article analyzes the broader understanding of the notion of "refuge" and its complexity expressed in regional and national legal frameworks, taking account of lawyers, scholars and activists who criticize the narrow scope of the classical refugee definition from 1951 which has become distant from current refugee voices and struggles. At the domestic level, although the 1980 Aliens Statute (Act. n. 6815/80) is still in effect, there have been important changes in refugee law in Brazil since the implementation of the 1997 Refugee Statute (Act n. 9.474/97), influenced by the 1984 Cartagena Declaration (a regional soft law instrument) regarding the definition of “refugee”, Exploring the interconnection of the Refugee Statute and complementary forms of human rights protection which fall outside the scope of international refugee law, the article concludes that in the specific case of Haitians in Brazil, the broader protections of Brazilian refugee law should be available rather than the complementary system of humanitarian visas.

In the late 1990s, like many other developing countries, Haiti started a process of devolving responsibilities over irrigation scheme management to water users’ associations. In this paper, a three-step methodology for institutional analysis is applied to investigate the functioning of this new setting in Haiti, using three irrigation schemes managed by farmers as case studies. First, the institutional structures are described using an adapted version of the Institutional Decomposition and Analysis framework. Secondly, the efficiency of the institutional structures is assessed against a set of criteria for sustainable management. The combination of these two steps allows the identification of strengths and weaknesses, and leads to the third and final step of formulation of practical recommendations. Results indicate that authorities in Haiti had a clear vision of the reform process which was translated in sound objectives, a comprehensive reform methodology and efforts to revise the legal framework. However, the outcome of the reform process has been negatively affected by a perceived organizational deficiency, and by the absence of a functioning water pricing system and of clearly defined and enforceable water rights. Finally, similar to the situation in many other countries, the major constraint faced by the established water users’ associations appears to be financial self-sufficiency.

Depuis une trentaine d'années, le système judiciaire en Haïti s'est considérablement fragilisé. Les juridictions font face à des dysfonctionnements permanents qui entravent leur bonne marche. Cette fragilisation s'inscrit dans le contexte plus vaste d'un pays confronté à des difficultés politiques, économiques et sociales. La complexité de la situation juridictionnelle en Haïti a ainsi d'importantes incidences sur l'effectivité des droits de la défense, notamment en matière civile. Malgré certaines avancées normatives, les garanties procédurales des parties an cours d'un procès ne sont pas suffisamment protégées par le droit haïtien.Cette étude sur les droits de la défense dans le système judiciaire haïtien cherche à analyser l'effectivité de ces droits en amont, au cours et à l'issue de l'instance. Elle tente plus particulièrement de pointer les causes juridiques et extra-juridiques qui expliqueraient l’inefficacité de la protection des droits de la défense en Haïti. Tout en faisant appel au dynamisme du droit français, notamment sous l'impulsion de la Convention européenne des droits de l'homme, cette thèse aborde en parallèle des propositions de réformes qui permettraient de renforcer les garanties procédurales de tous les justiciables haïtiens
The haitian legal system has significantly weakened these past thirty years. The courts are facing permanent malfunctionning. This fragility fits in a larger context of a country that has political, economical and social difficulties. However, the complexity of the legal situation has an important impact on the effectiveness of the defense's rights, particularly in civil matter. Despite the fact that some legal progresses were made, the procedural guarantees during the trial does not protect enough the parties in the haïtian law.This study of the defense's rights in the haïtian legal system tries to analyze the effectiveness of these rights before, during and after the trial. It points out the legal and extra-legal causes that could explain the ineffectiveness of the defense's rights in the country. In the light of the dynamism of the french law, under the impulse of the European convention of human rights, this thesis tackles suggestions to improve the procedural guarantees of all parties in the haïtian legal system

Commanding a vast historiography of slavery and emancipation, Aline Helg reveals as never before how significant numbers of enslaved Africans across the entire Western Hemisphere managed to free themselves hundreds of years before the formation of white-run abolitionist movements. Her sweeping view of resistance and struggle covers more than three centuries, from early colonization to the American and Haitian revolutions, Spanish American independence, and abolition in the British Caribbean. Helg not only underscores the agency of those who managed to become "free people of color" before abolitionism took hold but also assesses in detail the specific strategies they created and utilized. While recognizing the powerful forces supporting slavery, Helg articulates four primary liberation strategies: flight and marronage; manumission by legal document; military service, for men, in exchange for promised emancipation; and revolt-along with a willingness to exploit any weakness in the domination system. Helg looks at such actions at both individual and community levels and in the context of national and international political movements. Bringing together the broad currents of liberal abolitionism with an original analysis of forms of manumission and marronage, Slave No More deepens our understanding of how enslaved men, women, and even children contributed to the slow demise of slavery.

Policing Intimacy analyzes literary depictions of sexual policing of the color line across multiple spaces with diverse colonial histories: Mississippi through William Faulkner’s work, Louisiana through Ernest Gaines’s novels, Haiti through the work of Marie Chauvet and Edwidge Danticat, and the Dominican Republic through writing by Julia Alvarez, Junot Díaz, and Nelly Rosario. This literature exposes the continuing coloniality that links depictions of U.S. democracy with Caribbean dictatorships in the twentieth century, revealing a set of interrelated features characterizing the transformation of colonial forms of racial and sexual control into neocolonial reconfigurations. Patterns are discernable, as a result of systemic inequality and large-scale historical events, revealing the ways in which private relations can reflect national occurrences and the intimate can be brought under public scrutiny. Acknowledging the widespread effects of racial and sexual policing that persist in current legal, economic, and political infrastructures across the circum-Caribbean can in turn bring to light permutations of resistance to the violent discriminations of the status quo. By drawing on colonial documents, such as early law systems like the 1685 French Code Noir instated in Haiti, the 1724 Code Noir in Louisiana, and the 1865 Black Code in Mississippi, in tandem with examples drawn from twentieth-century literature, Policing Intimacy humanizes the effects of legal histories and leaves space for local particularities. A focus on literary texts and the affordances enabled by the variances in form and aesthetics demonstrates the necessity of incorporating multiple stories, histories, and traumas into our accounts of the past.

Abstract This chapter focuses on US foreign policy and governmental responses to Haitian asylum-seekers arriving in the United States in the 1970s and 1980s that included detention in prisons and jails, interdiction on the high seas, and attempts to deter migration through free trade and foreign aid policies. It also introduces forms of refugee and public protest against detention, interdiction, and systematic denial of Haitian asylum claims. Anti-Black racism and discrimination experienced by Haitians, and later, Mariel Cubans, in the US immigration system under the Carter administration laid the groundwork for the Reagan administration’s establishment of the Mass Immigration Emergency Plan of 1982 and the Haitian interdiction program. It details how the United States government and Associate Attorney General Rudy Giuliani pursued relations with the totalitarian yet anti-communist leadership of Haiti’s Duvalier regime to justify detention and interdiction policies, and a neoliberal free trade agreement called the Caribbean Basin Initiative. The Reagan administration’s legal justifications for the Haitian interdiction program served to expand US executive power to police immigration beyond US borders. Meanwhile, Haitians expressed resistance from detention, most notably by organizing hunger strikes with public support of legal, African American, and feminist advocacy groups and civil rights leader Jesse Jackson.

Chapter 4 explains how the government’s blanket detention policy came about and why the Haitian-only detention policy was subsequently expanded to include all inadmissible aliens. This chapter charts the growth of the new detention system in its first decade, including the introduction and use of the first private, for-profit prisons in the United States. In addition, chapter 4 illustrates the wide-ranging resistance movement that developed alongside the growing detention system, documenting the role played by detainees as well as their allies in the streets, courtrooms, and halls of Congress. The campaign of legal resistance is a particular focus of this fourth chapter because many of the most important legal challenges to the burgeoning immigration detention system came from Haitians.

The second chapter of Ti difé boulé explores the history of the infamous French colonial Code Noir, or Black Code, of 1685 and how it operated on slave society. With Grinn Prominnin arriving to discuss colonial times in Saint-Domingue, the book presents an outline of the hierarchies of power within the former French colony. The Black Code buttressed white plantation owners, the French commissioners, businessmen and foreign investors at the expense of the enslaved people who were permanently trapped in apocalyptic conditions. Trouillot conveys a Marxist analysis of the contradictions in the colonial system—ones that foreshadow the predatory reflexes of the Haitian state in the society that arose following the revolution (post-1804). Providing a broad panorama, the chapter argues that the enslaved population resiliently forged the Haitian Creole language and Vodou religion, forming, for Trouillot, the two great coherencies that form the bedrock of subsequent Haitian resistance. While Creole and Vodou represent the surging enslaved proletariat, Trouillot describes the forced conversion of enslaved people to Catholicism as a means of “easing” the consciences of colonists. The final sections explore the Black Code’s carefully calibrated delineations between enslaved people, black and mulatto freedman, and whites. Trouillot riffs on the interplay between the term kòd, which means both “code” and “cord”, to capture the dynamics of legal strangulation that the Black Code put into place. Like a kite in a hurricane, the enslaved people were finally able to slit the Code/cord that kept them in bondage in 1791, the year that sparked the revolution.

Abstract Elections in Latin America are held under sharply differing circumstances, ranging from civil war in El Salvador to the peaceful routines that characterize Venezuela. They may be conducted with scrupulous attention to legal regulations, as in Costa Rica, or with flagrant violations of all such codes as in the recent elections in Haiti. Within the same country, elections in the modern urban areas may resemble a modern North American campaign while in the backward rural areas the politics of clientelism and patronage largely determine and deliver votes. In some countries, parties may have adopted the techniques of modern electioneering, but without much change in policies or organization or behaviour. In other countries, the modernization of electioneering techniques has been accompanied by the modernization of the overall political system, with the development of new parties, new policies, and new modes of political behaviour.