Ph.D. (candidate) International Psychology: Organizations and Systems. Master of Science, International Relations: Global Studies. Bachelor of Science, Business Administration: Management. 15+ years management/operations experience in diverse environments.
Hi, I was looking around the net under the search premise of corruption in Haiti, mostly because it seems like the picture is skewed, from what I know previously. I was trying to make sense of your blog, to find the subject in question... I'm using firefox with NoScript, which was not too happy with all the sublinks(my name for 'em) anyways, would like to hear your point of view, care to show me where to look? Thanks, Dan Foresman
Hello Dan! The article that your search was probably linking to is Genocide in Your Backyard, but more relevant to corruption in particular might be Economic Injustice: We were Robbed! which are both posted on my site. However, what you might find more useful are the new articles I just posted for you to my Google Docs regarding specifically corruption in Haiti (I just posted 14 of them). You can access them by clicking on the "Library" tab above and going to the Google Docs section. They are the newest additions.
My own personal opinion is that developing countries have faced many challenges, including economic growth and development. Poverty is abound and starvation has claimed the lives of many. It is the personal experience of this acute situation that has driven man to seek ways in which to fulfill their basic needs and satisfy their desire to obtain wealth. Corruption allows an alternative means, hence become a lucrative business that can provide for them, their families, their friends, communities, and country. When their environment has given them no other real opportunity, they often find their livelihood in corrupt activities. But is the legality even questioned in the pursuit of survival? Yes, they are aware of the consequences but are concluding it as the only rational option. International norms may have an alternative view, but in the mind of the individual and the family at stake, starvation and lack of shelter is not an option.
It is usual to call an action irrational if it aims at the expense of an ideal or higher standard. The impulse to live, to preserve one’s own life and to take advantage of every opportunity of strengthening one’s own vital forces is a primal feature of life. The striving after these higher ends is neither more nor less rational than that of other human ends. A man who lacks food or shelter concentrates his efforts on satisfaction of these urgent needs and does not care for much else. It is a mistake to assume that the desire to procure the bare necessities of life is irrational (Bastiat, 1964, pg 19).
According to the 2009 Investment Climate Statement by the Bureau of Economic, Energy and Business Affairs corruption is an ongoing challenge to economic growth. Transparency International's Corruption Perception Index for 2008 ranked Haiti the fourth most corrupt country in the world. The GoH has made incremental progress in enforcing public accountability and transparency, but substantive institutional reforms are still needed.
Further stated, Haitian law is deficient in a number of areas, including: operation of the judicial system; organization and operation of the executive branch; publication of laws, regulations, and official notices; establishment of companies; land tenure and real property law and procedures; bank and credit operations; insurance and pension regulation; accounting standards; civil status documentation; customs law and administration; international trade and investment promotion; foreign investment regime; and regulation of market concentration and competition. Although these deficiencies hinder business activities, they are not specifically aimed at foreign firms and appear to have an equally negative effect on foreign and local companies.Title deeds are vague and insecure. The GoH has an office (INARA) to implement expropriations of private agricultural properties with appropriate compensation. The agrarian reform project initiated under the first Preval administration was controversial among both Haitian and U.S. property owners. There have been complaints of non-compensation for the expropriation of property. The lack of access to land records, surveys, and property titles in Haiti complicates most cases.There are few commercial legal remedies available. The protection and guarantees that Haitian law extends to investors are severely compromised by weak enforcement mechanisms, a lack of updated laws to handle modern commercial practices, and a weak judicial system. Injunctive relief is based upon penal sanctions rather than securing desirable civil action. Similarly, contracts to comply with certain obligations, such as commodities futures contracts are not enforced. Judges do not have specializations, and their knowledge of commercial law is limited. Utilizing Haitian courts to settle disputes is a lengthy process and cases can remain unresolved for many years. Bonds to release assets frozen through litigation are unavailable. Business litigants are often frustrated with the legal process and pursue out-of-court settlements.
There are several ongoing private disputes between U.S. and Haitian entities. Americans seeking resolution of these disputes are often hindered by Haiti's inefficient legal system. There are persistent allegations that some Haitian officials use their public office position to influence commercial dispute outcomes for personal gain. As a result of international assistance, progress is being made to increase the credibility of the judiciary and the effectiveness of the national police. Disputes between foreign investors and the state can be settled in Haitian courts or through international arbitration, though claimants must select one to the exclusion of the other. A claimant dissatisfied with the ruling of the court cannot request international arbitration after the ruling is issued. Foreign court decisions are not enforceable in Haiti. Real property interests are handicapped by the absence of a comprehensive civil registry. Bonafide property titles are often non-existent. If they do exist, they are often in conflict with other titles for the same property.
Haitian laws are transparent and theoretically universally applicable, but legal enforcement is not universally applied nor observed. The bureaucracy and "red tape" in the Haitian legal system is often excessive.
Hi, I am the Tuberknotube poster as well. Thank you for your response... I guess I'm trying to get into how we want our state to be able to do good, humanitarian things, but instead it's set up to play games and perpetuate deceit with other kleptocracies. Meanwhile, our media medium does not address the root deficit, parasitic systems empowering parasites. Thanks for your insights, I'll be mulling them over for awhile.
4 comments:
Hi, I was looking around the net under the search premise of corruption in Haiti, mostly because it seems like the picture is skewed, from what I know previously. I was trying to make sense of your blog, to find the subject in question...
I'm using firefox with NoScript, which was not too happy with all the sublinks(my name for 'em) anyways, would like to hear your point of view, care to show me where to look?
Thanks, Dan Foresman
Hello Dan! The article that your search was probably linking to is Genocide in Your Backyard, but more relevant to corruption in particular might be Economic Injustice: We were Robbed! which are both posted on my site. However, what you might find more useful are the new articles I just posted for you to my Google Docs regarding specifically corruption in Haiti (I just posted 14 of them). You can access them by clicking on the "Library" tab above and going to the Google Docs section. They are the newest additions.
My own personal opinion is that developing countries have faced many challenges, including economic growth and development. Poverty is abound and starvation has claimed the lives of many. It is the personal experience of this acute situation that has driven man to seek ways in which to fulfill their basic needs and satisfy their desire to obtain wealth. Corruption allows an alternative means, hence become a lucrative business that can provide for them, their families, their friends, communities, and country. When their environment has given them no other real opportunity, they often find their livelihood in corrupt activities. But is the legality even questioned in the pursuit of survival? Yes, they are aware of the consequences but are concluding it as the only rational option. International norms may have an alternative view, but in the mind of the individual and the family at stake, starvation and lack of shelter is not an option.
It is usual to call an action irrational if it aims at the expense of an ideal or higher standard. The impulse to live, to preserve one’s own life and to take advantage of every opportunity of strengthening one’s own vital forces is a primal feature of life. The striving after these higher ends is neither more nor less rational than that of other human ends. A man who lacks food or shelter concentrates his efforts on satisfaction of these urgent needs and does not care for much else. It is a mistake to assume that the desire to procure the bare necessities of life is irrational (Bastiat, 1964, pg 19).
According to the 2009 Investment Climate Statement by the Bureau of Economic, Energy and Business Affairs corruption is an ongoing challenge to economic growth. Transparency International's Corruption Perception Index for 2008 ranked Haiti the fourth most corrupt country in the world. The GoH has made incremental progress in enforcing public accountability and transparency, but substantive institutional reforms are still needed.
Further stated, Haitian law is deficient in a number of areas, including: operation of the judicial system; organization and operation of the executive branch; publication of laws, regulations, and official notices; establishment of companies; land tenure and real property law and procedures; bank and credit operations; insurance and pension regulation; accounting standards; civil status documentation; customs law and administration; international trade and investment promotion; foreign investment regime; and regulation of market concentration and competition. Although these deficiencies hinder business activities, they are not specifically aimed at foreign firms and appear to have an equally negative effect on foreign and local companies.Title deeds are vague and insecure. The GoH has an office (INARA) to implement expropriations of private agricultural properties with appropriate compensation. The agrarian reform project initiated under the first Preval administration was controversial among both Haitian and U.S. property owners. There have been complaints of non-compensation for the expropriation of property. The lack of access to land records, surveys, and property titles in Haiti complicates most cases.There are few commercial legal remedies available. The protection and guarantees that Haitian law extends to investors are severely compromised by weak enforcement mechanisms, a lack of updated laws to handle modern commercial practices, and a weak judicial system. Injunctive relief is based upon penal sanctions rather than securing desirable civil action. Similarly, contracts to comply with certain obligations, such as commodities futures contracts are not enforced. Judges do not have specializations, and their knowledge of commercial law is limited. Utilizing Haitian courts to settle disputes is a lengthy process and cases can remain unresolved for many years. Bonds to release assets frozen through litigation are unavailable. Business litigants are often frustrated with the legal process and pursue out-of-court settlements.
There are several ongoing private disputes between U.S. and Haitian entities. Americans seeking resolution of these disputes are often hindered by Haiti's inefficient legal system. There are persistent allegations that some Haitian officials use their public office position to influence commercial dispute outcomes for personal gain. As a result of international assistance, progress is being made to increase the credibility of the judiciary and the effectiveness of the national police.
Disputes between foreign investors and the state can be settled in Haitian courts or through international arbitration, though claimants must select one to the exclusion of the other. A claimant dissatisfied with the ruling of the court cannot request international arbitration after the ruling is issued. Foreign court decisions are not enforceable in Haiti. Real property interests are handicapped by the absence of a comprehensive civil registry. Bonafide property titles are often non-existent. If they do exist, they are often in conflict with other titles for the same property.
Haitian laws are transparent and theoretically universally applicable, but legal enforcement is not universally applied nor observed. The bureaucracy and "red tape" in the Haitian legal system is often excessive.
Hi, I am the Tuberknotube poster as well. Thank you for your response... I guess I'm trying to get into how we want our state to be able to do good, humanitarian things, but instead it's set up to play games and perpetuate deceit with other kleptocracies. Meanwhile, our media medium does not address the root deficit, parasitic systems empowering parasites.
Thanks for your insights, I'll be mulling them over for awhile.
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