
JANUS.NET, e-journal of International Relations
ISSN: 1647-7251
Vol. 2, n.º 1 (Spring 2011), pp. 53-69
Learning to build a sustainable peace: “local ownership” and the peacebuilding practices.
Amélie Gauthier e Madalena Moita
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for cases to be blocked by multiple judicial pronouncements over civil issues, resulting
in long periods of pre-trial detention that render cases extremely long. Some non-
governmental organizations (NGO) in Haiti are working to gather detailed information
on every detainee and on the legal proceedings applied. This exercise will help identify
difficulties in detention and trial cases and the specific situation of each detainee.
Despite the large number of reports about problems in the judicial system, it appears
there are still important holes in the information available for each case, regarding both
judge profiles and statistical information about courtroom proceedings.
The lack of information is further aggravated by the lack of connection between city
and rural areas. Some of the larger local NGOs, such as Réseau National de Défence
des Droits de l’Homme, have representatives in every province who act as key
informers of the situation in each region. The Réseau National de Défence des Droits de
l’Homme, created in February 2009 by presidential decree, also includes officials in
every province, which has, no doubt, improved relations between the capital and more
remote areas. However, at the national level, MINUSTAH is still the best informed
participant as a result of its stable presence all across the country.
The inequality in access to justice is a critical issue, particularly for the 60% of Haitians
who live in rural areas. For many, access to a police station or courtroom requires
several hours or days of travel. Conflicts are resolved locally: citizens place their trust
in the police leadership, in the locally elected community representative (when they are
present), or in a religious personality, whether Catholic, Protestant, or a member of the
Voodoo hierarchy. Though it is difficult to label such methods of resolution as typical
cases of "informal justice", as is the case in the African nations,
9
the methods of conflict
resolution in these rural areas are definitely outside the official judicial parameters
established by the civil and criminal codes. The legitimacy of deliberation derives from
the prestige of the person granting the decision or the sentence.
10
However, at the
same time that it contributes to peaceful coexistence (cases of violence in rural areas
are sporadic incidents when compared to the occurrence of such cases in the capital),
the methods and rhythm fall outside the legal framework of respect for human rights.
The feelings expressed by Haitians over formal justice are fear and distrust. It is
common knowledge that judges, as state civil servants with the responsibility to serve
the people, often serve their own interests. There are no professional ethics, pride, or
principles to guide judges and their work, and they are often accused of corruption.
Distrust, lack of respect, and suspicion between citizens and judicial institutions are
alarming; developing a minimum level of trust seems, in itself, like an enormous
challenge.
b. The reform plan
The DNSCRP is the most relevant document in the sense that it establishes reform
priorities and, further more, it allows foreigners to intervene within the framework of a
government programme. However, it has several limitations. On the one hand, the
priorities are excessively broad and the document does not establish a strategy for
reaching goals. On the other hand, since the Ministry of Justice and Public Safety
9
African informal judicial systems are usually characterized by strong tribal structure where the hierarchy
is well defined, the supremacy of the chief is recognized, and his decision is respected.
10
Interview with a lawyer, Port-Au-Prince, March 31, 2009.