1. Contextualising public governance in Haiti

Policy capture at the origin of severe economic and social inequalities

The development of the state apparatus, shaped from the outset by the colonial period, was constructed as a source of power and resources for a small elite in the country, with periods of political instability and the overthrow of the elites. The post-colonial state was characterised throughout the nineteenth century by "the conflict between political elites for the achievement, exercise and retention of power and the reaction of peasants to working methods and conditions reminiscent of the period of colonial slavery, [which] created problematic relations between the state and society" (Etienne, 2007[7]).

This framework for the capture of resources and public action by certain elites became particularly institutionalised at the beginning of the 20th century, first with the American presence in Haiti from 1915, and then under the regimes of François Duvalier and his son, Jean-Claude Duvalier. The stranglehold of the traditional Port-au-Prince elite on public action was consolidated during the nineteen years of the US Marines' presence on Haitian territory and resulted in the monopolisation of high public service positions in the hands of the traditional elites (Bellegarde-Smith, 2015[8]). This period was to reverse the socio-economic gains of the Haitian peasantry, who had become detached from the operation of the plantations (Bellegarde-Smith, 2015[8]). While François Duvalier subsequently supported the emergence of a new national bourgeoisie, the Duvalierists (Étienne, 2007[9]), the re-emergence of the traditional elite under the leadership of his son, Jean-Claude, was accompanied by the development of an export-oriented liberal economic model (Lundahl, 2013[10]). The capture of agrarian rent and the development of a low value-added industry contributed to the shaping of a predatory state to the detriment of the majority of the population, who saw no improvement in the provision of public services (Nicholls, 1986[11]). This capture of resources by an elite, its economic excesses, corruption and the political and economic exclusion of the marginalised populations all contribute to explain the overthrow of the regime by the population in 1986.

Concentration and centralisation of power as an obstacle to development throughout the country

The construction of the administrative organisation of the Haitian territory after independence was also marked by Haiti’s colonial heritage. Indeed, Haitian governors were inspired by the colonial model to develop the new state (Mérion, 1998[12]). It was first the Constitution of 1843 that addressed the concepts of Municipality and the territorial organisation of the country, then the law of 1881 which enshrined this desire for decentralisation and deconcentration. Thus, "in 1806, there were 4 departments, 13 arrondissements and 59 parishes, while in 1843 the evolution was already noticeable with 6 departments, 17 arrondissements and 82 municipalities" (Mérion, 1998[12]). Nevertheless, despite the efforts of the Haitian administration, the process of decentralisation and deconcentration were obscured by "the economic, social, administrative and cultural polarisation around the Republic of Port-au-Prince" (Mérion, 1998[12]).

The concentration and centralisation of power was particularly reinforced by the arrival of François Duvalier, who asserted a strong and authoritarian central power. The centralising orientation of the Duvalier regime was characterised by a spirit of political and administrative control and was based on a system of rentier exploitation of the Haitian countryside (Mérion, 1998[12]). This maintenance of a centralising and authoritarian power was to be continued by his son, Jean-Claude Duvalier.

The end of the Duvalier regime marked a period of significant structural change for the Haitian economy and society, as well as for governance, in the direction of greater democratisation and decentralisation of power, notably with the 1987 Constitution. Parliament was dissolved and replaced by a 61-member Constituent Assembly whose task was to draft a constitution that would suit the social and political requirements of the time (Mérion, 1998[12]).This was the era of the dechoukaj1, during which civil society organisations demanded social justice and the destruction of Duvalier's dictatorial political apparatus (Gage, 2000[13]). A new constitution was approved by a popular referendum in March 1987. It was intended to curb the concentration and potential abuse of power in government by establishing decentralisation goals, and checks and balances, including a prominent role for Parliament. The new Constitution also sought a territorial rebalancing of public services, as well as a strong decentralisation and deconcentration of public powers. The 1987 Constitution thus provides for a clear separation of executive, judicial and legislative powers and decentralised governance structures (Manigat, 2011[14]).

Despite the institutionalisation of decentralisation and deconcentration ambitions in the 1987 Constitution, the Republic of Haiti was still marked by administrative underdevelopment in the countryside and the centralisation of power in Port-au-Prince. Thus, at the end of the 1990s, "70% of the administrative establishments are based in Port-au-Prince and more than 80 (administrative) employees live and work there" (Mérion, 1998[12]).

Political instability and fragmentation are hindering public governance reform efforts

Finally, the country's history is marked by chronic instability, which has hampered both the reform processes undertaken since independence and economic development. The country experienced a very unstable post-independence period, marked by the search for consolidation and legitimisation of the Haitian state. After a civil war between 1807 and 1820, which divided the territory into two distinct zones, it was definitively separated into two states in 1844 (Hector and Hurbon, 2009[15]). From 1858 to 1915, twenty-two presidents, all army generals, succeeded one another, creating a high degree of political instability that affected the country's development (Auguste, 2010[16]). Nevertheless, the 19th century was characterised by attempts to achieve stability and create a uniform administrative system.

This instability continued throughout the 20th century, making it difficult to consolidate democratic governance and political institutions. Following the resignation of Paul Magloire, then President of the Republic of Haiti, five provisional governments followed one another between December 1956 and June 1957 (Étienne, 2007[9]). In this turbulent political framework, the authoritarian regimes of François Duvalier in 1957 and his son Jean-Claude Duvalier, who left power in 1986 following popular revolts, took hold (Étienne, 2007[9]). In the place of parliament, he appointed a military National Governing Council (NGC) which conducted a campaign of violent repression against demonstrations and popular movements and threatened to halt the democratic transition (Étienne, 2007[17]). Following demonstrations, Prosper Avril, a general in the army, was forced to hand over power to Judge Ertha Pascal Trouillot, who was preparing to organise presidential elections.

Democratic institutions and governance were strengthened from the 1990s onwards, although instability remained in a period shaped by a coup d’État. The first democratic elections in Haiti were held in December 1990 and were won by Jean-Bertrand Aristide. His party, Fanmi Lavalas, is rooted in the long historical struggle of poor Haitians to ensure the right of all Haitians to participate directly in political life and to share more equitably in the distribution of national resources (Étienne, 2007[17]). This brief democratic episode was followed by a military coup led by General Raoul Cédras on 30 September 1991, which established a violent and repressive regime and led to an international embargo (Heine and Thompson, 2011[18]). Democratic institutions were restored in October 1994 when President Aristide was reinstated after a period in exile (Belleau, 2009[19]). Under international and domestic pressure, US President Bill Clinton, backed by the United Nations (UN) and the Organisation of American States (OAS), launched Operation Uphold Democracy, which occupied Haiti and reinstated President Aristide (Office of the Historian United States Department of States, n.d.[20]). He was then re-elected in December 2000 in controversial elections marked by massive fraud and low voter turnout (United Nations Development Programme Evaluation Office, 2006[21]).2

This period of relative democratic and institutional stability began to falter in 2002. The country was increasingly confronted by a deteriorating economic and security situation (United Nations Development Programme Evaluation Office, 2006[21]). Jean-Baptiste Aristide was facing widespread discontent within society, particularly among the cultural elite, the liberal professions and students, who regularly demonstrated in the streets of Port-au-Prince to denounce the regime's dictatorial drift (Therme, 2014[22]). In January 2004, an armed insurrection in the Gonaives region spread throughout the country (United Nations Development Programme Evaluation Office, 2006[21]). The pressure on President Aristide increased and he finally went into exile on 28 February 2004.

Today: international interventions and stabilisation attempts (2004 - 2021)

The departure of Jean-Bertrand Aristide led to the arrival in June 2004 of MINUSTAH (Mission des Nations unies pour la stabilisation en Haïti - United Nations Stabilisation Mission in Haiti), created by the UN Security Council. While international interventions in Haiti in the 1990s were largely focused on the democratic transition and the protection of human rights, MINUSTAH has a broader mandate and agenda with ambitious goals, including the establishment of the Haitian National Police (Police nationale haïtienne - PNH) and the strengthening of the judiciary and the prison system. In 2017, MINUSTAH was replaced by a smaller UN mission (MINUJUSTH), which aims to reform the country's judicial system. Since October 2019, the UN's political mission, the United Nations Integrated Office in Haiti (Bureau intégré des Nations Unies en Haïti - BINUH), has replaced MINUJUSTH to support Haiti in the organisation of elections and build the capacity of the PNH, including a focus on promoting respect for human rights (Donais, 2011[23]).

At the same time, the democratic transition that began after Aristide's departure presented a "fruitful" conjuncture for proposing reforms that strengthened the capacity of the State. This is reflected in two key decrees:

• The Decree of 17 May 2005 "On the revision of the general status of the public service", which proposes to rationalise the management of human resources assigned to the various institutions of the public service, to offer high-quality services to the population and to guarantee the principles of equal access to the public service, with the OMRH in particular as a player in the regularisation of the overall framework of the public service.

• The Decree "On the organisation of the central state administration", issued in July 2005 and revised in September 2016, which proposes a new organisational structure for the central state by creating the major strategic bodies such as the Secretariat General of the Office of the Prime Minister as well as those of the Council of Ministers and the Presidency, as well as the mechanisms and bodies for strategic and operational coordination of the central administration.

However, this transition was slowed down by the earthquake of 2010, which profoundly affected the countryy. This devastating event caused unprecedented human and material disasters: over 230,000 people died, 300,000 were injured and 1.5 million Haitians were displaced (Heine and Thompson, 2011[18]). The total value of the damage inflicted that day is estimated at USD 11 billion, including the loss of more than 285,000 homes and the destruction of many historic state buildings (the Presidency, Parliament, the Court of Cassation and fifteen of the seventeen ministries) (Heine and Thompson, 2011[18]). The aftermath of the earthquake has had a major impact on political stability, the potential for economic recovery and hopes for peacebuilding. In response to the earthquake, national and international players agreed to draw up the Action Plan for National Reconstruction and Development of Haiti (Plan d’action pour le relèvement et le développement national d’Haïti - PARDH). This document identifies four key areas of state reform: Economic -Territorial - Social - Institutional, which now form the basis of the operational framework for Reform.

In addition, the National Strategy Document for Growth and Poverty Reduction (Document de Stratégie Nationale pour la Croissance et pour la Réduction de la Pauvreté - DSNCRP), drawn up in 2006 to correct the technical and managerial dysfunctions that hinder the efficiency of the public administrative system is being reviewed, corrected and reorganised to take into account the new parameters that now permeate the State Reform. This is the framework for the Strategic Development Plan for Haiti (PSDH).Today, the national administration has made public governance reform a national priority, and the Government has taken action on many major initiatives, including human resource management, open government and multi-level governance. Perhaps the most important initiative in this area has been the development of an integrated national development plan, the Strategic Development Plan for Haiti, with a planning horizon of 2030.

Constitutional and political factors

Societal, economic and environmental challenges to promote good governance

Anchoring the public governance reform process in continuity

Haiti is currently governed by President Jovenel Moïse, who was elected in 2016 after turbulent elections, which led to ongoing conflict with the political opposition3. The latter criticises the lack of clarity of the Haitian electoral calendar and in particular is challenging the end date of the presidential term. This unresolved dispute takes place in the context of a lack of parliamentary quorum since January 2020 and the expiration of the parliament's mandate, in a context in which President Moses has moved to governance by Decree. At the same time, the security situation in Haiti is deteriorating, with crime and kidnappings affecting the population in urban areas, particularly in Port-au-Prince (Bureau intégré des Nations Unies en Haïti, 2021[34]). This unstable security context has also hampered the effective implementation of the State's efforts to reform public governance. In addition, several general elections will be held during 2021 to renew the entire political class, from the president to local authorities.

In this fraught socio-political context, it is essential to stress that the success of public governance reform efforts, including the implementation of the Review's findings and recommendations, depends in part on national political will and the stability of political and socio-economic conditions. This Review therefore provides advice not only for the current government, but for the Haitian national administration as a whole, in the context of a regular and continuous reform process over time.

A vision for the future: reforming public governance to address socio-economic problems and promote inclusive and sustainable development 

The expected results of the Public Governance Review of Haiti include strengthening the capacity of the Government of Haiti to design and successfully implement a reform programme in order to:

• Improve capacity to lead and guide an interdepartmental strategy, as well as to lead a whole-of-government strategy by effectively coordinating administrative silos to set and pursue national development goals, while more effectively articulating donor-led governance reform activities that pursue these goals;

• Strengthen the links between fiscal strategy and planning to improve policy development and service delivery;

• Strengthen the vertical relationship between central government, departments and municipalities to develop a stronger sub-national administrative capacity;

• Strengthen the capacity of the public service by managing its national, departmental and municipal workforce more strategically, improving planning, recruitment, promotion, mobility and training practices;

• Strengthen citizen engagement and government openness for greater transparency, responsiveness and accountability, and use good monitoring and evaluation practices to improve policies and services where results are unsatisfactory;

• Design and use government-wide monitoring and evaluation frameworks, in particular to increase performance information based on robust targets and indicators;

• Develop and implement the government's strategic plans and fiscal framework to significantly improve capacity and service delivery to citizens, leading to improved outcomes in health, education, safety and security, water and electricity, etc.

• Evaluate the implementation of this programme in terms of its impact on improving outcomes for citizens, so that information on performance can inform further reforms to improve outcomes.

The report is organised into five main areas: coordination, strategic decision-making, multi-level governance, public service management and promoting open government

The Review identifies the key areas in the various fields of public governance that the government has identified as priorities for its reform goals. These topics must be addressed in order to establish an inclusive and accountable public administration that promotes public policies and services that are responsive to the needs of Haitian citizens.

• Chapter 2 looks at improving the capacity to lead and guide the design and implementation of strategic policies and services across government. It identifies current problems with the decision-making framework and institutional coordination capacity of the CoG. It also analyses the government's capacity to coordinate the development, implementation and performance monitoring of strategic planning in the context of the significant international support it receives.

• Chapter 3 focuses on strengthening the strategy and capacity for budget planning and evaluation to improve policy making and public service delivery. It assesses current government approaches to these issues, with a view to providing advice on how to improve strategic planning and effectively address these challenges. It also makes recommendations on how to develop frameworks and tools for monitoring and evaluating the strategy, including methods for setting performance indicators and results-based targets, in order to measure progress and enable the Government to change course if results are not being achieved.

• Chapter 4 stresses the importance of promoting fluid and effective vertical relationships between central and local governments, as well as strengthening sub-national administrative capacity. It includes an analysis of the governance arrangements in place to improve service design, delivery and citizen engagement and to improve impact and outcomes on the ground:

  • Horizontal and vertical relationships between CoG institutions, sectoral ministries and local authorities in a given service area;

  • Strengthening the administrative capacity of municipalities and departments;

  • The vertical relationships between levels of government, and

  • Horizontal coordination between regional/local authorities

• Chapter 5 deals with capacity building in the public service. It provides an analysis of the public service with a view to improving its merit, capacity and the efficiency of human resource allocation, particularly in the context of donor-supported activity in this area.

• Chapter 6 deals with strengthening citizen engagement and opening up government for greater transparency and responsiveness. Public sector accountability approaches must ensure that citizens have the capacity and opportunity to obtain key information about government activity and performance and to influence the evolution of government policy and the design and delivery of services through effective engagement and participation. From this perspective, the chapter makes recommendations on transparency and civic engagement frameworks at the national and sub-national levels in Haiti.