Haitian Justice Advisor Speaks of Rebuilding a Nation

By Amber Lester Tuesday, February 16, 2010

In the immediate aftermath of a devastating natural disaster, people’s needs become simple: Food, water, medical care and shelter.

What is often forgotten is what most concerns Rene Magloire: Justice. Disasters can push people to their limits and incite crime and violence.

Magloire, former Minister of Justice of Haiti and Special Advisor to the President and Ministry of Justice, wants to prevent further crime as the earthquake-wrecked country attempts to rebuild from the rubble.

Magloire shared his plan to reform the law system in Haiti during a discussion at the William and Mary Law School on Monday afternoon.

Magloire, who spoke through a translator, was joined by Louis Aucoin, the Institute for Human Security Professor at the Fletcher School of Law and Diplomacy. Aucoin is also a former special advisor to the Minister of Justice of Haiti.

When the earthquake struck on Jan. 12, the Haitian government’s infrastructure collapsed. The presidential palace, the ministry of justice building and courthouse were destroyed. Many police offices and prisons were also damaged, allowing thousands of detainees and prisoners to escape. In addition, many Haitians resorted to looting and violence to get much-needed supplies. One month later, most institutions are still not functioning and many government personnel are missing or dead.

Magloire, speaking French, told the audience Prime Minister Jean-Max Bellerive is estimating it will take five years to build Haiti back to its condition before the quake. Magloire said 1 million people were homeless, and many have fled the city of Port-au-Prince to resettle in the surrounding provinces. In the government, many officials and employees were lost, making it nearly impossible to enforce the law and carry on with the day-to-day work of keeping the peace.

“The extent of the damage was surprising,” he said. “We as administrators felt the impact in the hours following the disaster.”

But despite the damage, Haitians have taken comfort in the words of King Henri Christophe, the leader of the Haitian Revolution in 1804, who said, “I am reborn from my ashes.” Magloire, who has spent years working to embed the new Rule of Law, said the judicial reform must continue.

“Life goes on and justice cannot stop,” he said.

In the immediate days following the earthquake, Justice Minister Paul Denis summoned staff to start doing the most pressing work, such as arresting escaped prisoners and reconstructing lost or destroyed court reports.

For years, Magloire and other justice officials in Haiti have worked to draft the new Rule of Law. He did not stop working after the earthquake; he continued to work on his draft, completing it only in the past two weeks. He’s been working “mostly in his backyard,” he said, but has also found an empty office for temporary use.

In August 2006, Haiti adopted a five-year plan to implement reform measures, which included adoption of a council of judiciary, formal training for judges and officials, and reforms of the prison system. The results have been mixed, Magloire said. “Observers have been unanimous in recognizing most laws have not been enforced,” he said.

When the earthquake hit, many assumed the reformation of the justice system would just have to wait behind the more immediate concerns, such as medical care and homelessness. But Magloire disagrees. “In my opinion, we should accelerate the implementation of the new laws,” he said.

Unfortunately, without infrastructure, funding or a workforce, implementation is difficult. “The implementation requires human resources Haiti does not have,” he said. “To compensate, help is desperately needed.”

Aucoin, who worked in East Timor shortly after the country gained independence from Indonesia, echoed Magloire’s concerns. “Justice has to be a priority and it isn’t intuitively obvious,” he said. “Criminals will seize this opportunity.”

Aucoin said Haiti was fortunate so much planning has already been done to overhaul its justice system. The challenge is now finding a way to make it happen. “I call upon the international community to focus on that need,” he said. Unfortunately, corrections spending isn’t “sexy enough,” he added.

After the discussion, Magloire said no donors have given money specifically earmarked for repairing the judicial system. But Aucoin said the United States Institute of Peace, along with the International Legal Assistance Consortium, have pledged to help.

William and Mary Law professor Christie Warren said she was struck by Magloire’s commitment to work in the wake of the disaster. “There was a fear that when the earthquake came, the effort would fall apart as well,” she said, adding that Magloire had wept while describing his experience prior to the event. “But he is committed to rebuild. One of the lessons that emerged is that you have to pay attention to conflict at the beginning.”