Haiti
Executive Summary
Haiti is a constitutional republic with a multiparty political system. The most recent national legislative elections were held in November 2016; international observers considered the elections free and fair. In January 2020 the terms of the majority of parliamentarians expired due to a failure of the country to conduct elections in 2019. Only 10 elected members of 30 remained in the upper house, while the lower house had none. As a result, parliament was unable to reach a quorum and ceased to function. Nearly 400 unelected mayors served at the pleasure of the executive.
Jovenel Moise was elected as president for a five-year term and took office in February 2017. Controversy arose early in the year regarding the length of his mandate and whether it expired in February 2021 or 2022, due to ambiguities in the constitution. Despite opposition from most political actors and civil society, President Moise remained in power until his assassination on July 7. Three days before his death, Moise had named, but not yet sworn in, Ariel Henry to replace Joseph Jouthe as prime minister. On July 20, after a short power struggle, Henry became the prime minister, and on September 11, he signed a political accord with a large number of opposition parties and civil society organizations. Planned 2021 presidential and legislative elections had already suffered logistical difficulties and delays; Moise’s assassination and an ensuing lengthy process to negotiate a political accord resulted in an agreement to delay elections until 2022 or later.
The Haitian National Police, an autonomous civilian institution led by a director general under the authority of the minister of justice, is responsible for maintaining public security. The Haitian National Police includes police, corrections, fire, emergency response, airport security, port security, and coast guard functions. The Ministry of Justice and Public Security, through its minister and the secretary of state for public security, provides oversight to the Haitian National Police. The Superior Council of the National Police, chaired by the prime minister, provides strategic guidance. The Superior Council includes the director general and the chief inspector general of the Haitian National Police, the minister of the interior, and the minister of justice. Civilian authorities at times did not maintain effective control over security forces. There were credible reports that members of the security forces committed abuses.
Significant human rights issues included credible reports of: unlawful and arbitrary killings by gangs allegedly supported by government officials and private-sector actors; torture or cruel and degrading treatment by government agents; harsh and life-threatening prison conditions; arbitrary arrest; serious problems with the independence of the judiciary; violence or threats of violence against journalists; serious government corruption; lack of investigation of and accountability for sexual and gender-based violence; crimes involving violence or threats of violence targeting persons with physical, mental, and developmental disabilities; and forced child labor.
The government rarely took steps to prosecute government and law enforcement officials accused of committing abuses and corruption, and civil society groups alleged widespread impunity regarding these acts.
Gang violence escalated throughout the country, particularly in metropolitan areas, and the gangs allegedly received support from political and economic elites. Kidnappings for ransom by armed gangs increased and affected all sections of society. Armed gangs were also responsible for armed conflicts resulting in approximately 20,000 displaced persons, for capturing up to 10 police stations and substations, and for blocking fuel supplies in October and November, bringing economic life and freedom of movement to a virtual standstill.
Section 3. Freedom to Participate in the Political Process
The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Due to a long-running political impasse, however, national elections scheduled for 2019 and 2021 were delayed. Parliament was unable to function, with the upper house containing only 10 senators – too few to constitute a quorum – and the lower house left empty. A new president was originally scheduled to take office in February 2022; however, as of December it was unclear when this would occur. Ariel Henry, whom President Moise designated as prime minister three days before the president’s assassination, served as head of government.
Elections and Political Participation
Recent Elections: Legislative, municipal, and presidential elections were last held in 2016. While there were isolated allegations of voter fraud, the elections were generally regarded as credible by international and domestic observers. Although voter turnout was low, citizens generally accepted the elections, and public demonstrations against the election results were muted compared with previous years. Presidential, legislative, and local elections scheduled for the year did not take place due to problems in logistics and in reaching a political accord. In October Prime Minister Henry dissolved the provisional electoral council installed by President Moise in 2020, a body viewed as lacking credibility by civil society and political actors, thus increasing the likelihood of an eventual consensus political accord. The council is the country’s electoral commission and has the responsibility of organizing presidential and parliamentary elections.
Participation of Women and Members of Minority Groups: No laws limit the participation of women or members of minority groups in the political process, but social norms and the threat of electoral violence discouraged women from voting and, to a much greater extent, from running for office. During the 2016 national elections, four of 58 approved presidential candidates were women, 23 of 209 senatorial candidates were women, and 129 of 1,621 candidates for deputy were women. The constitution requires that at least 30 percent of elected officials be women, but the most recent legislative session had only four female deputies and one senator, a decrease of one female deputy from the prior legislative session. Mayoral elections are organized around panels of three that are required by law to include at least one woman. While they were rarely the principal local leaders, women made up 30 percent of local officials.