Law - Haiti Observer Blog

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Camelia Joseph won Discrimination lawsuit against Disney

A jury in Orlando, Florida on Friday, September 4, 2015 came with the verdict that Disney discriminated against Camelia Joseph on the basis of her national origin.

Camelia Joseph who has been working as a Security Guard at Walt Disney World for close to 20 years said that she has repeatedly attempted to get a promotion but was denied each time. She counted seven times the number of times she had applied for promotion and was denied because she is Haitian. She noticed several workers less qualified than she is receiving promotions and higher salaries.

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Club Indigo in Montrouis hosting the revision of the Haitian Penal Code

Amended Penal Code to Strengthen Rule of Law. President Martelly presided over the opening of the Forum on Penal Policy of the Government. Minister of Justice and Public Safety Jean Sanon; President of the Court of Cassation Anel Joseph; Deputy Minister of Human Rights and Fight Against Extreme Poverty Marie Auguste; and senior officials, representatives, delegates, and institutions such as MINUSTAH, ProJustice, and Unit for Combating Corruption all attended.

The goal of the assizes, claimed Martelly, is to strengthen the rule of law, which he has made one of the top priorities of his presidency. He emphasized FPPG ". . . must update and better coordinate its sectoral public policies" With regard to the Ministry of Justice he explained its work must be systematized in coordination with a well-written penal code.

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Department of Palmes nearly incorporated into Articles Law

Mgr. Alphonse presided over mass celebrating Petit Goave's patron saint's feast day, Our Lady of the Assumption. In attendance were clergymen, politicians, Lower Chamber members, President Thimoleon, and Petit Goâve Mayor Jules.

Alphonse said the occasion was a time to determine how to move forward in the transformation process of building ". . . a more just and harmonious society." With that sentiment resonating in the hearts and minds of the attendees, all repaired to the Fort Royal Hotel for more pronouncements and presentations.

At the reception Jules gave thanks to the Haitian government for funding several construction projects in Petit Goâve, particularly for its poorer denizens. She pointed especially to the Petit Goâve port, a generator of a steady stream of income.

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New Legal Assistance Office (BAL) in Haiti

The Bar Association of Port-au-Prince has inaugurated the Phase II of Legal Assistance Office (BAL or Bureaux d'Assistance Légale). This is an addition to the existing capacity of four offices which will double the present lawyer numbers from thirty to sixty. This extension project of US$ 807,870 was funded by the Section of Community Violence Reduction (CVR) of United Nations Stabilization Mission in Haiti (Minustah). This is an effort from the United Nation to strengthen the rule of law through democratic governance, providing security to the population and supporting a functioning public administration.

When Phase I of BAL was launched in last January 31, 2013, it had some objectives: provide free legal assistance to the citizens who are in dire need especially those who are in captivity and to reduce unjustified prolonged pre-trial detentions. BAL has successfully assisted many poorest litigants who did never had any ability to pay a lawyer. BAL, with its 30 lawyers in the first four offices has fought 6463 individual cases and regained freedom for 2851 people of whom 425 were women and 97 minors. Including the copy of decisions, the Ministry of Justice has exempted all fiscal fees to the beneficiaries of the legal services.

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New farm law to given out as cash or vouchers, USAID

A change in how the U.S. delivers food aid to war-torn countries has been signed into law as part of the farm law legislation. Instead of food aid being produced in the U.S. and sent to emerging nations, the government will purchase food where the poor live and distribute cash vouchers to them. Rajiv Shah, Administrator for the U.S. Agency for International Development, said this would make it faster to get food because the majority of recipients purchase food at stores. Right now, the demand for food is critical in Syria, South Sudan, Central African Republic, and Philippines. The new laws could help feed 800,000 more refugees in these and other places.

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House of Representatives passed electoral law in Haiti

Haiti finally has a new election law. The news was delivered recently that, after the convening of members to a special session called by the Haitian President, Michelle Martelly, the law was passed on the 27th of November and it will make the road to elections within the Republic a smoother, more democratic one.

The terms of the new initiative are much like those in the one passed on October 2nd, and was passed following a second reading by a vast majority of the members of the Senate. The next step is for the written document, detailing the law and its particulars, to be sent for promulgation to the Executive. It will then be formally and officially published in the Le Moniteur journal. Following the date of the passing of the law, the President had 8 days within which he could raise any objections to it.

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Bill sanctioning Money Laundering and terrorist financing passed

Once the text sanctioning Money Laundering and terrorist financing is promulgated by the President Michel Martelly in the official gazette, all financial institutions, companies, economic enterprises, non-financial, social, professional, religious, humanitarian, international organizations, will be required to report all transactions in cash.

Do you remember all the commotions over this bill?

Some of our beloved Senators and Deputies were totally against it.

Several desks were broken by Deputy Arnel Belizaire to show his frustration over this bill.

The bottom line is that Haiti is no longer running the risk of trade sanction for not having a law on Money Laundering and terrorist financing. The law sanctioning money laundering and terrorist financing was on Monday, November 11, 2013 was passed in identical terms by the two branches of parliament. The vote was as follows: 9 voted in favor, 3 against, 3 abstained

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New Law School at Aristide University in Haiti

Following an announcement made on July 8, 2013, University of San Francisco professor of law, Nicole Phillips unveiled plans for a four-year law program, aimed at creating Haiti's next generation of lawyers, to be opened at the University of Aristide Foundation (UniFa). The program, which will have 150 enrollees, is set to begin its first semester of classes this coming fall. Phillips has already been drafted for faculty duty, and the wish is that other educators in the US legal system can be brought to Haiti to impart their knowledge; most significantly through a partnership between UniFa and the University of San Francisco.

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Me Mario Joseph nominated for the 2013 Martin Ennals Award

Since 1994 there have been 19 recipients of the Martin Ennals Award for Human Rights Defenders; one for each year since its inception. The winners have ranged from people to organizations, living and working in many different countries across the world. Titled for Amnesty International's past secretary general, the award isn't so much celebratory, as an investment in the safety of the individuals who, through their work in their home countries and their efforts to defend human rights, find themselves in danger.

The award committee achieves this by giving protection through publicity, through shining light on the issues, and by drawing the attention of the media on the individuals who are often risking their lives while fulfilling their undertakings.

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Jacques Nicolas Leger, Haitian lawyer, politician, and diplomat.

Jacques Nicolas Léger

Jacques Nicolas Léger was born in 1859 in Les Cayes, Haiti. He was a diplomat, a politician and a Haitian lawyer. Though his early education was in Republic of Haiti, he was sent to Paris at a very young age where he received his legal training and higher education. His father was a notable statesman and a Haitian Senate member and as a result, Léger got a chance to actively participate in Haitian politics at a very early age. When he was only 22 years old, he became Haitian Legation's secretary in Paris and soon after the sudden resignation by Minister Charles Séguy Villevaleix, Jacques Nicolas Léger became charge d'affaires.

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