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Haiti

Capital

Port-au-Prince

Territory

27,560km²

Population (2020)

11,402,533

GDP Total (2020)

13.42B USD

GDP Per Capita (2020)

1,177 USD

Icome Group

Lower middle income

Convention Implementation

58.1
In progress

Western Hemisphere Ranking

60.7

21st of 31 countries

Caribbean Ranking

54.7

5th of 11 countries

Corruption Resilience

35.1
Vulnerable

Western Hemisphere Ranking

54.4

29th of 31 countries

Caribbean Ranking

57.9

11th of 11 countries

Convention Implementation

Score by thematic sections and measures

Prevention

Core-deficient
28.9

Western Hemisphere 46.3

Caribbean 41.7

Standards of Conduct

Core-deficient
40.6

Western Hemisphere 42.8

Caribbean 24.8

Enforcement of Standards of Conduct

Core-deficient
40.6

Western Hemisphere 50.6

Caribbean 33.4

Training of Public Officials

Core-deficient
21.8

Western Hemisphere 36.8

Caribbean 27.4

Asset and Conflicts of Interests Declarations

Core-deficient
40.6

Western Hemisphere 42.3

Caribbean 27.9

Transparency in Government Contracting

Core-deficient
26.5

Western Hemisphere 33.1

Caribbean 22.9

Elimination of Favorable Tax Treatment

N/A
Not applicable

Western Hemisphere 47.1

Caribbean 31.6

Oversight Bodies

Core-deficient
26.5

Western Hemisphere 36.0

Caribbean 34.3

Measures to Deter Domestic and Foreign Bribery

N/A
Not applicable

Western Hemisphere 36.7

Caribbean 20.0

Encouraging Participation by Civil Society

Not Implemented
7.8

Western Hemisphere 43.0

Caribbean 21.3

Study of Other Prevention Measures

Core-deficient
26.5

Western Hemisphere 44.9

Caribbean 42.8

Criminalization and law enforcement

In progress
66.1

Western Hemisphere 61.1

Caribbean 55.1

Protection of Those who Report Acts of Corruption

Core-deficient
21.8

Western Hemisphere 30.7

Caribbean 17.8

Scope

Not Implemented
0

Western Hemisphere 67.7

Caribbean 53.8

Jurisdiction: Offense-in-Territory

In progress
50

Western Hemisphere 74.6

Caribbean 60.0

Jurisdiction: Offense-by-National

In progress
68.7

Western Hemisphere 51.9

Caribbean 27.3

Jurisdiction: Offender-in-Territory

In progress
50

Western Hemisphere 58.8

Caribbean 39.5

Passive Public Bribery

In progress
43.7

Western Hemisphere 55.8

Caribbean 55.8

Active Public Bribery

In progress
43.7

Western Hemisphere 56.4

Caribbean 55.5

Abuse of Functions

In progress
43.7

Western Hemisphere 47.0

Caribbean 37.6

Money Laundering

Core-deficient
35.9

Western Hemisphere 55.8

Caribbean 58.5

Participation and Attempt

In progress
62.5

Western Hemisphere 58.4

Caribbean 54.2

Active Foreign Bribery

Implemented
100

Western Hemisphere 39.0

Caribbean 34.7

Illicit Enrichment

Implemented
100

Western Hemisphere 54.7

Caribbean 38.9

Use of State Property

In progress
68.7

Western Hemisphere 79.5

Caribbean 66.9

Illicit Acquisition of a Benefit

Implemented
71.8

Western Hemisphere 52.1

Caribbean 36.6

Public Embezzlement

In progress
68.7

Western Hemisphere 77.6

Caribbean 64.4

Passive Foreign Bribery

Implemented
100

Western Hemisphere 25.6

Caribbean 23.4

Private Bribery

Not Implemented
0

Western Hemisphere 22.7

Caribbean 21.8

Private Embezzlement

In progress
68.7

Western Hemisphere 64.7

Caribbean 59.5

Obstruction of Justice

Implemented
100

Western Hemisphere 71.4

Caribbean 61.1

Liability of Legal Persons

Implemented
100

Western Hemisphere 61.3

Caribbean 62.2

Statute of Limitations

Implemented
100

Western Hemisphere 79.6

Caribbean 68.

Prosecution, Adjudication and Sanctions

Implemented
85.9

Western Hemisphere 69.5

Caribbean 63.2

Consequences and Compensation

Implemented
100

Western Hemisphere 70.3

Caribbean 60.4

Cooperation With Law Enforcement

Implemented
82.8

Western Hemisphere 72.2

Caribbean 66.3

Asset Recovery

Implemented
85.9

Western Hemisphere 66.4

Caribbean 59.6

International cooperation

In progress
60.5

Western Hemisphere 68.9

Caribbean 60.9

Assistance Without Criminalization

In progress
59.3

Western Hemisphere 79.8

Caribbean 69.8

Inclusion in Extradition Treaties

In progress
68.7

Western Hemisphere 55.1

Caribbean 54.5

Convention as Legal Basis for Extradition

Implemented
82.8

Western Hemisphere 47.5

Caribbean 31.7

Automatic Application Without Treaty

In progress
68.7

Western Hemisphere 52.7

Caribbean 49.1

Prosecution Without Extradition

Implemented
82.8

Western Hemisphere 57.2

Caribbean 56.6

Custody

Implemented
100

Western Hemisphere 73.4

Caribbean 72.8

Assistance

Core-deficient
21.8

Western Hemisphere 58.0

Caribbean 50.2

Impossibility of Claiming Bank Secrecy

In progress
68.7

Western Hemisphere 84.0

Caribbean 71.3

Limited Use of Information

Implemented
100

Western Hemisphere 82.6

Caribbean 71.1

Nature of Act

Implemented
100

Western Hemisphere 84.3

Caribbean 75.7

Designate Central Authorities

Not Implemented
0

Western Hemisphere 75.9

Caribbean 53.9

Responsibilities of Central Authorities

Not Implemented
0

Western Hemisphere 71.5

Caribbean 67.1

Communication Between Central Authorities

Not Implemented
0

Western Hemisphere 67.3

Caribbean 50.8

Special Investigative Techniques

Implemented
82.8

Western Hemisphere 56.9

Caribbean 48.5

Technical Cooperation

Implemented
71.8

Western Hemisphere 62.8

Caribbean 40.7

Anti-corruption conventions timeline

199619971998199920002001200220032004200520062007200820092010201120122013201420152016201720182019

Conventions

  • IACAC - Inter-American Convention Against Corruption
  • UNCAC - United Nations Convention against Corruption
  • OECD Anti-Bribery Convention

Key events

  • Signed
  • Ratifed / acceded
  • Review rounds

Convention Implementation Analysis

Haiti signed the Inter-American Convention Against Corruption (IACAC) on March 29, 1996, and ratified it on April 14, 2004. It is a State Party to the Follow-Up Mechanism for the Implementation of the Inter-American Convention against Corruption (MESICIC) since December 9, 2010. The country also signed the United Nations Convention Against Corruption (UNCAC) on December 10, 2003, and subsequently ratified it on September 14, 2009. Accordingly, Haiti has undergone two rounds of review under MESICIC, covering the provisions selected for review within the framework of the first and fourth rounds, and the second and fifth rounds, respectively; and one round of review under the UNCAC review mechanism.

Haiti’s record in implementing its commitments to IACAC and UNCAC exhibits more failures than successes. With an overall score of 58.2, the measures adopted place the country in the lower level of compliance with international norms—but not far from countries at the middle point—surrounded by Dominican Republic (55.7), Belize (58.1), Paraguay (60.8), and Venezuela (61.0). Progress in implementation is unequally distributed. Although over one third of all measures related to criminalization and law enforcement—as well as to international cooperation—have been fully or largely implemented, all preventive measures analyzed were found to be deficient at core or unimplemented.

The prevention of corruption is mostly lacking, classified as “core-deficient” by its average score and with prominent measures given a score below 30—the training of public officials, transparency in government contracting, the state of oversight bodies, and the study of preventive measures related to equitable compensation. Concerning training, the report of the fifth round of MESICIC (adopted in 2019) concludes that there are “insufficient provisions and/or measures for providing instruction to personnel in the public-sector entities selected by the country under review to ensure proper understanding of their responsibilities and the ethical rules governing their activities.” Furthermore, “[n]either in its response to the questionnaire nor during the on-site visit did the country under review provide statistical information on the results of the instruction given to personnel…” Preventive measures account for almost half of all underdeveloped measures in the country. The highest score within this section, 40.6, is given to the country’s adoption of standards of conduct and their implementation, and the systems for registering asset and conflict of interests' declarations.

In terms of criminalization and law enforcement, Haiti shows much better results than those regarding prevention—yet, significant deficiencies remain, with roughly a quarter of all measures within this section classified as core-deficient or not implemented. The country is found to have fully implemented a number of commitments, including significant ones pertaining to the active and passive bribery of foreign officials, illicit enrichment, obstruction of justice, and the liability of legal persons, among others. However, the criminalization of bribery in the private sector (as required by UNCAC) is found completely lacking, and two important measures are generally lacking: the protection of those who report acts of corruption (i.e., whistleblower protection) (21.9) and the criminalization of money laundering (35.9). To these, three additional measures also receive deficient scores, albeit reflecting a less severe state—the criminalization of active and passive bribery in the public sector and abuse of functions, all of which are given a score of 43.8. Other measures, such as the criminalization of the illicit acquisition of a benefit (i.e., influence trading) and embezzlement in the public and private sectors, remain in progress.

Finally, the country is found only partially compliant with its commitments to establish jurisdiction over the offenses covered by the conventions. The UNCAC review mechanism reports that “Haiti has not established its jurisdiction over offenses committed on board a vessel that is flying the flag of Haiti or on board an aircraft that is registered in Haiti, offenses committed by a stateless person who has his or her habitual residence in Haiti or acts preparatory to money-laundering that have been committed abroad.” Haiti’s record in promoting and engaging with international cooperation is also lackluster, evaluated as below that of criminalization and law enforcement—yet it receives a general classification of “in progress”. Among the bigger issues reported are the findings by MESICIC during its fourth round concerning the issue that the ministry responsible for handling requests for mutual legal assistance “does not have an office or service for international legal cooperation specifically charged with handling all requests for legal assistance received from foreign jurisdictions.” Moreover, the UNCAC review mechanism reports that “Haiti has not adopted a general legislative framework on international cooperation.”

Corruption Resilience

Score by indicator

Social Context

Vulnerable
39.8

Western Hemisphere 64.8

Caribbean 69.3

Quality of Government

Vulnerable
27.5

Western Hemisphere 50.6

Caribbean 51.0

Rule of Law

Vulnerable
29.9

Western Hemisphere 51.1

Caribbean 57.1

Business Stability

Vulnerable
32.8

Western Hemisphere 50.5

Caribbean 52.3

Violence & Security

Moderately Resilient
45.5

Western Hemisphere 55.0

Caribbean 59.9

Corruption Resilience score over the time

Analysis

Haiti’s social context indicator score declined by 0.96 points from the previous year—producing a score of 39.82 for 2020—and dramatically fails to reach the regional average (64.89) by 25.07 points. The country’s score has been steadily declining since 2010, and its current score is also grouped within the 25th percentile. Over the last ten years, Haiti’s highest recorded score (47.66) was achieved in 2013 and 2014, while its lowest score of 39.82 was reached in 2020. The country’s social context indicator score is primarily affected by the poor status of civil liberties and political rights within Haiti. One example of this is the 2017 presidential election, which was fraught with irregularities. While the Haitian constitution protects freedom of expression, in practice, journalists face serious challenges in the form of government interference. Following the adoption of the 2017 defamation law, conditions for media have worsened and journalists are also exposed to threats of violence when reporting or investigating sensitive issues.

With regard to the quality of governance and institutions, Haiti’s score declined 0.07 points from the previous year, producing a score of 27.52. The country’s score ranks among the lowest within the Western Hemisphere, where its indicator falls 23.11 points below the average threshold of 50.63 for 2020. Over the last ten years, the country’s score has steadily plummeted by 8.82 points from 2010 to 2020. The lowest quality of government score achieved was 27.47 which was recorded in 2012. The highest indicator score, 36.34, was measured in 2010. The current score is primarily attributed to several factors, namely the lack of impartial bureaucracy, controls of corruption, and poor checks on government power. The former was particularly pronounced during the presidency of Jovenel Moise, who ruled by decree since legislative elections were postponed indefinitely. The former president, alongside President Michel Martelly, was also involved in the multibillion-dollar Petro-Caribe scandal.

In 2020, Haiti’s rule of law indicator showed a decrease of 2.17 points from the previous year, and much like the previous indicators, fell below the Western Hemisphere regional average. Throughout the decade, the country’s rule of law score has varied, achieving its highest score of 34.07 in 2018 and its lowest score of 29.91 in 2020. The country’s current score of 29.91 ranked within the bottom 25th percentile for the region but remained largely impacted by several deficiencies, namely the susceptibility of the judiciary to political pressure and its lack of independence despite constitutional guarantees.

The country’s business stability indicator for 2020 increased by 0.82 points from the previous year. Despite the country’s score increase, Haiti’s score still trails behind the Western Hemisphere average of 50.53 by 17.66 points. The country’s score has varied throughout the decade, ranging from 2010 and 2020 by 2.81 points. In 2020, the business stability score is primarily impacted by a lack of property rights, rule-based governance ratings, and inefficiencies across regulations.

The violence and security index for Haiti in 2020 increased by 9.50 points from the previous year. However, despite this increase in Haiti’s score, it still falls below the Western Hemisphere regional average of 55.04 by 9.54 points for 2020. The country’s decade-long scores have varied but have been consistently low. This is particularly concerning as the score was attributed to pronounced rates of organized crime and widespread trafficking.