Rule of Law in Haiti before and after the 2010 Earthquake

Authors

James D. Wilets, Inter-American Center for Human Rights
Camilo Espinosa

First Page

181

Abstract

When discussing the myriad challenges facing Haiti in the wake of the devastating 2010 earthquake, it is difficult to prioritize the needs of a country where basic needs such as shelter and basic medical care compete for long-term needs such as education, good governance, and economic reconstruction and growth. The current immediate and emergent needs of Haiti in the face of its national calamity have been well identified by international aid bodies and national leaders, and there has been a considerable literature on those needs. What is of equal importance in the long run, however, is building a solid foundation for sustained long-term social, political and economic stability and a democracy based on rule of law. This article will argue that rule of law is, in fact, the most critical element in achieving this long-term progress. In some senses, this argument may appear circular in that the definition of rule of law, discussed immediately below, is itself a very broad and inclusive concept, and to some extent incorporates most of the elements of social and political stability for which this article argues rule of law is a prerequisite. Nevertheless, rule of law is the embodiment of the idea that it is insufficient to strive for democracy, social, political or economic stability as isolated and independent goals. For example, many U.S. organizations devoted to assisting the democratic process in other countries, such as the National Democratic Institute International Republican Institute, and various others that receive AID money focus on the logistical process of holding elections as if elections themselves were the goal rather than a deep-rooted and sustainable democracy characterized by rule of law. This article will explore the challenges facing Haiti in building a foundation of rule of law by exploring: (1) the particular challenges Haiti faced prior to the earthquake in establishing rule of law; (2) the particular challenges and opportunities Haiti faces in establishing rule of law subsequent to the earthquake. Before exploring these issues, however, it would be useful to begin with a definition of rule of law.

Recommended Citation

James D. Wilets & Camilo Espinosa, Rule of Law in Haiti before and after the 2010 Earthquake, 6 Intercultural Hum. Rts. L. Rev. 181 (2011).
Available at: https://scholarship.stu.edu/ihrlr/vol6/iss1/8