14190: Hermantin: Haitians try to change law of land (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: leonie hermantin <lhermantin@hotmail.com>

Posted on Mon, Dec. 23, 2002

Haitians try to change law of land
Judicial system needs independence, lawyers and businesses say
BY JACQUELINE CHARLES
jcharles@herald.com

As an attorney with a prominent Miami-Dade law firm, Michelle Austin was
once asked by an American client who wanted to do business in Haiti whether
a particular type of financing was allowed under Haitian law.

Austin, working with an attorney in Port-au-Prince, sent the inquiry and got
an answer, a one-liner stating, ''Yes.'' There was no supporting
documentation.

While the response caught Austin off guard, people who regularly do business
in Haiti know all too well that when it comes to legal matters, the answers
are often based on a lawyer's personal experiences rather than law.

''They know a lot of their information from day-to-day practice. But that's
not sufficient for us,'' said Austin, a Haitian-American attorney and former
vice president of the Haitian Lawyers Association.

>From a simple question about financing to the more complicated issue of
investigating the deaths of journalists, Haiti's judicial system needs deep
reform, say lawyers and business people on the island.

Those groups of professionals have formed a partnership that for almost a
year has discussed the myriad problems plaguing Haiti's judicial system.
Meeting recently in Miami for a two-day conference, they brought their
concerns to an American audience consisting mostly of Haitian-American
lawyers, business owners and members of the Louisiana Bar Association.

The conference was sponsored by the Haitian Resource Development Foundation,
a Weston-based organization dedicated to assisting Haiti.

CHANGE ALL ASPECTS

The partnership's goal is to create momentum both within and outside the
Caribbean nation to change not only the practice of law in Haiti but also
its teaching and administration. As an example, members point to the
Dominican Republic, which in the 1990s took advantage of a political crisis
to amend its constitution.

''We are not asking anyone to be heroes,'' said Bernard Gousse, former dean
of a private law school in Haiti and a practicing attorney in
Port-au-Prince. ``Because heroes, you find them six feet under.''

While past reform discussions have been led by outsiders, the ongoing
movement is led by Haitians. The coalition includes members of the country's
Chamber of Commerce for industry and the manufacturers' association.

''What we are doing now is interaction so all sectors can be involved,''
said Marie-Claude Bayard of Haiti's Association of Industrialists. ``If you
cannot ensure trust in your judicial system, who's going to invest? You need
to instill confidence in the rule of law.''

Most of those involved agree that the problem isn't the law, but the
application.

''It is very difficult for us as lawyers to practice,'' said Joseph Riguad
Duplan, president of the Federation of Haiti's Bar Association. ``We receive
intimidation, threats, and everyone knows the justice system is not
independent.''

As an example, Duplan cites the plight of one of his clients, former Col.
Guy Francois, who was arrested and detained by Haitian police for allegedly
helping plan a coup attempt in December 2001. He is still in jail despite
laws that mandate a time frame for closing the inquiry and rendering a
decision.

Reform, Duplan and others say, also means changing the way lawyers are
trained in Haiti, revising outdated laws and passing new ones, and
advocating the independence of the judiciary from the executive branch.

Perhaps the greatest challenge, Duplan said, is changing the mentality of
the Haitian people, from people on the street to the judges who often view
their role as limited.

''We need laws that guarantee the independence of the judiciary,'' said
Gousse, who has engaged the International Foundation for Election Systems, a
Washington-based group that works to bolster democracy. ``There is a lack of
autonomy.''

The clearest example involves Judge Claudy Gassant, the Haitian judge
charged with investigating the killing of radio journalist Jean Dominique
and his security guard outside a radio station.

Gassant eventually fled the country for South Florida, citing outside
interference and frustration with his inability to do his work properly.

IN LAW SCHOOLS

Gousse, one of the more vocal proponents of the movement, said reform has to
begin at the most basic level: law schools. Revamping education, he said,
will allow for better-trained lawyers, who can pave the way for empowering
the judiciary. But most of Haiti's 13 law schools lack qualified teachers,
adequate libraries and a basic curriculum, reform advocates say.

That is where Haitians in the United States can assist, said Gerard R.
Latortue, a former Haitian foreign minister and United Nations official, and
now a business consultant in Boca Raton. Latortue, who was trained as a
lawyer in Haiti in 1956, said Haitian lawyers in the United States can help
with technical assistance, training and drafting proposals.

But he doesn't see reform happening in Haiti's troubled political
environment.

''The present political situation is one that doesn't respect the concept of
law,'' Latortue said. ``Therefore we can talk about reform but we will not
see anything, because the government really is not a government based on
law.''

Austin, the Miami-Dade lawyer who received the one-line response, says she
now understands the reason.

''Now I realize they are lacking resources to basically document or support
their legal opinions. Some firms have it, some firms don't,'' she said.

``Is there access to it in the public sector? Apparently not. They seem not
to be able to go to the law school or the courthouse to do it -- things that
we can easily do.''

She applauds the talk of reform.

''These people are begging to be considered in any plan -- not to be
excluded -- that would reform the legal system in the country where they
practice,'' she said.

``We have a lot that we can bring to the table, but no matter what we do, as
attorneys here we have to make sure we do it with their consent.''

Herald writer Jennifer Maloney contributed to this report.


Judicial system needs independence, lawyers and businesses say
BY JACQUELINE CHARLES
jcharles@herald.com

As an attorney with a prominent Miami-Dade law firm, Michelle Austin was
once asked by an American client who wanted to do business in Haiti whether
a particular type of financing was allowed under Haitian law.

Austin, working with an attorney in Port-au-Prince, sent the inquiry and got
an answer, a one-liner stating, ''Yes.'' There was no supporting
documentation.

While the response caught Austin off guard, people who regularly do business
in Haiti know all too well that when it comes to legal matters, the answers
are often based on a lawyer's personal experiences rather than law.

''They know a lot of their information from day-to-day practice. But that's
not sufficient for us,'' said Austin, a Haitian-American attorney and former
vice president of the Haitian Lawyers Association.

>From a simple question about financing to the more complicated issue of
investigating the deaths of journalists, Haiti's judicial system needs deep
reform, say lawyers and business people on the island.

Those groups of professionals have formed a partnership that for almost a
year has discussed the myriad problems plaguing Haiti's judicial system.
Meeting recently in Miami for a two-day conference, they brought their
concerns to an American audience consisting mostly of Haitian-American
lawyers, business owners and members of the Louisiana Bar Association.

The conference was sponsored by the Haitian Resource Development Foundation,
a Weston-based organization dedicated to assisting Haiti.

CHANGE ALL ASPECTS

The partnership's goal is to create momentum both within and outside the
Caribbean nation to change not only the practice of law in Haiti but also
its teaching and administration. As an example, members point to the
Dominican Republic, which in the 1990s took advantage of a political crisis
to amend its constitution.

''We are not asking anyone to be heroes,'' said Bernard Gousse, former dean
of a private law school in Haiti and a practicing attorney in
Port-au-Prince. ``Because heroes, you find them six feet under.''

While past reform discussions have been led by outsiders, the ongoing
movement is led by Haitians. The coalition includes members of the country's
Chamber of Commerce for industry and the manufacturers' association.

''What we are doing now is interaction so all sectors can be involved,''
said Marie-Claude Bayard of Haiti's Association of Industrialists. ``If you
cannot ensure trust in your judicial system, who's going to invest? You need
to instill confidence in the rule of law.''

Most of those involved agree that the problem isn't the law, but the
application.

''It is very difficult for us as lawyers to practice,'' said Joseph Riguad
Duplan, president of the Federation of Haiti's Bar Association. ``We receive
intimidation, threats, and everyone knows the justice system is not
independent.''

As an example, Duplan cites the plight of one of his clients, former Col.
Guy Francois, who was arrested and detained by Haitian police for allegedly
helping plan a coup attempt in December 2001. He is still in jail despite
laws that mandate a time frame for closing the inquiry and rendering a
decision.

Reform, Duplan and others say, also means changing the way lawyers are
trained in Haiti, revising outdated laws and passing new ones, and
advocating the independence of the judiciary from the executive branch.

Perhaps the greatest challenge, Duplan said, is changing the mentality of
the Haitian people, from people on the street to the judges who often view
their role as limited.

''We need laws that guarantee the independence of the judiciary,'' said
Gousse, who has engaged the International Foundation for Election Systems, a
Washington-based group that works to bolster democracy. ``There is a lack of
autonomy.''

The clearest example involves Judge Claudy Gassant, the Haitian judge
charged with investigating the killing of radio journalist Jean Dominique
and his security guard outside a radio station.

Gassant eventually fled the country for South Florida, citing outside
interference and frustration with his inability to do his work properly.

IN LAW SCHOOLS

Gousse, one of the more vocal proponents of the movement, said reform has to
begin at the most basic level: law schools. Revamping education, he said,
will allow for better-trained lawyers, who can pave the way for empowering
the judiciary. But most of Haiti's 13 law schools lack qualified teachers,
adequate libraries and a basic curriculum, reform advocates say.

That is where Haitians in the United States can assist, said Gerard R.
Latortue, a former Haitian foreign minister and United Nations official, and
now a business consultant in Boca Raton. Latortue, who was trained as a
lawyer in Haiti in 1956, said Haitian lawyers in the United States can help
with technical assistance, training and drafting proposals.

But he doesn't see reform happening in Haiti's troubled political
environment.

''The present political situation is one that doesn't respect the concept of
law,'' Latortue said. ``Therefore we can talk about reform but we will not
see anything, because the government really is not a government based on
law.''

Austin, the Miami-Dade lawyer who received the one-line response, says she
now understands the reason.

''Now I realize they are lacking resources to basically document or support
their legal opinions. Some firms have it, some firms don't,'' she said.

``Is there access to it in the public sector? Apparently not. They seem not
to be able to go to the law school or the courthouse to do it -- things that
we can easily do.''

She applauds the talk of reform.

''These people are begging to be considered in any plan -- not to be
excluded -- that would reform the legal system in the country where they
practice,'' she said.

``We have a lot that we can bring to the table, but no matter what we do, as
attorneys here we have to make sure we do it with their consent.''

Herald writer Jennifer Maloney contributed to this report.







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