Socio-Legal Problems in Rural Haitian Environment: A Major Cause of Haiti's Decadency

By Nixon A. Charles

Since the triumph of a revolution against the fiercest colonialism and the most outrageous exploitation of France in 1804, Haiti has always made farming the basis of its economy to the point that Haitian legislator has always sought to create a legal framework to harmonize the relations between the different actors who intervene in this sector. However, despite the fertility of its agricultural space, the robustness and vitality of its peasantry, Haiti is increasingly facing agricultural self-insufficiency, food insecurity, and famine.

In this book, the author explains the causes of this paradox and proposes--after a systematic analysis of the phenomenon, including the most perverse behavior of Haitian elites on the political, social, and economic levels more especially during the last four decades--ways and means to enable Haiti to revitalize the key sector of its economy.

• Language: English
• Publisher: Hawes & Jenkins Publishing, Inc.
• Release date: May 1, 2024
• ISBN: 9781637842065

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Socio-Legal Problems in Rural Haitian Environment

A Major Cause of Haiti's Decadency

Nixon A. Charles

ISBN 978-1-63784-205-8 (paperback)

ISBN 978-1-63784-206-5 (digital)

Copyright © 2024 by Nixon A. Charles

All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods without the prior written permission of the publisher. For permission requests, solicit the publisher via the address below.

Hawes & Jenkins Publishing

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Printed in the United States of America

Table of Contents

List of Tables and Figures

Tables

Preliminary Observation

Preliminary observation

Preface

Acknowledgment

Introduction

Incidence of Internal and External Historical Facts on Haitian Rural Paysage

Chapter 1

Overview of the Situation

Section 1: History of the state and development in Haiti

1.1. Negritude as heritage

1.2 Ambivalence of political elite toward the peasantry

Section 2: Peasantry in front of the state

2.1 The exclusion of peasantry by the state

2.2 Low productivity

2.3 Chronic underdevelopment

Chapter 2

Political Economy of Development

Section 1: Human development

1.1 Indicators of human development in Haiti

1.2 Participative leitmotif approach to development

Section 2: Current ideological constraints

2.1 Events in production reports

2.2 The New World order

2.2.1 The predominance of economy

2.2.2 Imposed structural adjustment

2.2.3 Effects of structural adjustment on Haitian agriculture

Agricultural Sector in Regard of Law, Habits, and Customs of Haitian Peasant

Chapter 3

Impacts of Succession Law on Agriculture

Section 1: Human and economic importance

1.1 Predominance of system grapillage

1.2. General features of the Haitian farmer family

Section 2: Succession law and Haitian peasant

2.1. The right of succession

2.1.1 Definition

2.1.2 Estates ab intestacy

2.1.2.1 Succession by vocations

2.1.2.2 The devolution principle

2.1.2.2.1 The descending order

2.1.2.2.2 The hierarchy of favored ascendants and collaterals

2.1.2.2.3 The ordinary ascendants' order

2.1.2.2.4 The ordinary collateral's order

2.1.2.3 The exceptional devolution

2.1.2.3.1 The surviving spouse

2.1.2.3.2 Adulterine child

2.1.2.3.3 The state

2.2 The opening of succession

2.3 The liberalities

2.4 Succession and successible degree in rural area

2.5 Consequences on agriculture

Chapter 4

Perspective of Agricultural Regulations in Haiti

Section 1: Legal provisions linked to agricultural area

1.1 Agriculture seen by the Haitian legislator from 1826–1889

1.2 Agriculture seen by the Haitian legislator from 1934–1986

Section 2: Causes and failures of past experiences

2.1 Constraints of Political, Social, and Cultural Order

2.2 Agro-land reform

2.3 Speech and community action

2.3.1 Definition of elements

2.3.2 Integration of traditional structures

Additional Considerations

Conclusion

Bibliography

Books

Codes

Courses

Newspapers

About the Author

List of Tables and Figures

Tables

Table 1: Evolution of agricultural exports from 1801 to 1818 in pounds

Sources: Histoire Economique et Social D'Haïti de 1804 a nos jours by Bernardin E.

Table 2: Evolution of agricultural exports from 1819 to 1824 in pounds

*feet

Table 3: Evolution of agricultural exports from 1827 to 1842 in pounds

Table 4: Evolution of agricultural exports from 1842 to 1859 in pounds

Table 5: Evolution of agricultural exports from 1860 to 1864 in pounds

Table 6: Evolution of agricultural exports from 1842 to 1884 in pounds

Sources: Report from Haitian Senate 1884–1885, Imprimerie l'Abeille, 1909

Table 7: Evolution of agricultural exports from 1950 to 1970 in metric tons

Sources: FAO yearbook of production de 1950–1970

Table 8: Evolution of agricultural exports from 1960 to 1986 in metric tons

Sources: Histoire Economique et Social D'Haïti de 1804 à nos jours by Bernadin E.

Preliminary Observation

Preliminary observation

The following text is an amplification of a thesis written and presented as a final work at the Law and Economics School of Gonaïves, an entity of the State University of Haiti, for the title of Licentiate Ès Sciences Juridiques in May 2001. Then it was believed that this work fulfilled a specific need for a given period; subsequent recommendations would aim, among other things, to strengthen agricultural production with a view to gradually and continuously improving the living conditions of a large part of the population that derives its livelihood directly or indirectly from agriculture.

However, with the January 12, 2010, earthquake that hit Port-au-Prince and its surroundings and that of August 14, 2021, in the south of the country and other natural disasters such as hurricanes and political upheavals such as the assassination of President Jovenel in July 2021, poor governance, and the glaring absence of an enlightened leadership, it is likely that the thesis defended in 2001 will still hold true, provided that the fundamental of the problems confronting the agricultural sector and the Haitian peasantry remains unchanged with profoundly dangerous variations. This approach contributes to the goal of enabling a broader audience to better understand the Haitian fray in a circumscribed and not global perspective because current natural disasters including recent earthquakes have shown the hideous spectacle of the deplorable living circumstances of most Haitians. These disasters have, moreover, put under the spotlight the face of a phantom public government incapable of covering up, as in the past, republican demagoguery.

In short, although these tragedies, especially the earthquake of January 12, 2010, have surely fanned the flames of universal humanism toward the Haitian people, they have mostly served to emphasize the inadequacy of Haitian authorities to take opportunities to propel this country forward.

A cursory review of Haitian administration over the past four decades reveals that the country's leaders have done everything possible to undermine the key