Law - Haiti Observer Blog

Doing a business in Haiti involves a set of laws and regulations. Starting a business is not something that can be done instantly as it requires permits, planning and processes. However, because Haiti wants to make opening a business in the country easier and more efficient, the authorities have made some changes in the country's regulatory system. This way, businessmen might fast-track the opening of a business while making sure that all regulations are followed.

One of the changes involves the publication of Articles of Incorporation (AOI). Currently, such publication can be done two months earlier than usual because the office of the prime minister or the president no longer has to vet the AOI. A new law, on the other hand, has been implemented to improve the application for credit in the country. The new law enables businesses to use a wider variety of assets for collateral.

Read more →  

An on-going debate over whether the practice of voodoo is being threatened by the amended 1987 Constitution has stirred the embers of its practitioners' fears.

Voodoo, brought to Haiti by Congolese slaves, became entrenched in Haitian culture, early in its history.

In 1935, under the rule of Stenio Vincent, the 1935 Decree Law defined voodoo as a superstitious belief system and banned the practice of it. For over 50 years, the Decree Law was not tampered with. By 1987, though, the amended Constitution struck down the Decree Law with Article 297, invalidating the definition of voodoo as a superstitious practice. A presidential decree on April 4, 2003, further legitimized the voodoo faith. But in May 2011, Article 297 was annulled, and has given rise to fears that voodooists would suffer persecution for their beliefs.

Read more →  

Adoption is a process of providing couples with new members to add to their family, and most especially a process of giving abandoned children a loving family and a home. That is why a nation's adoption regulations and policies are highly essential in ensuring the well-being and protecting the rights of every child. In Haiti, thousands of smuggled orphans have been reported and most orphanages that cater to about 50,000 Haitian children are poorly managed and have very limited resources.

Based on the poor state of the country's adoption system, the Haitian governments moved to reform and strengthen its legislation on the adoption process of Haitian children. According to several officials, the proposed reform in legislation is committed in ensuring that the state's obligation to the protection of children is being met. It included the policy of having both biological parents to give legal consent when filing their child for adoption. Other requirements noted in the new legislation is that couples trying to adopt a child should have been married for at least five years, with one of them being at least 30 years of age while a single individual filing to adopt should be at least 35 years of age. It has already been thoroughly discussed and documented in the Senate and is now awaiting an approval from the country's Houses of Parliament.

Read more →