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On 11 March, 2014, Transparency International reported that the Haitian Parliament passed a comprehensive anti-corruption law, thereby putting an end to a long-lasting legislative process. From the very beginning, non-governmental organizations were asked to provide input for the new anti-corruption law. As such, the enacted rules are based on Transparency International’s Source Book which has been adapted to the specific Haitian context.

The new Haitian anti-corruption legislation defines corruption broadly, decreeing a national zero-tolerance policy towards what has been common practice to date. Among others, the new law criminalizes nepotism, the passing of insider information on public procurement procedures, and sexual harassment in the process of employment. Also, the law provides rules that resolve conflicts of interest in awarding contracts.

Given Haiti’s persistent political instability, one major concern for the future relates to whether or not public authorities will be capable to ensure the law’s functioning in practice. Marilyn Allien, president of the Haitian Chapter of Transparency International held: “Our new anti-corruption law is a good one. It’s now up to the government to implement it. Making sure that this happens will be our next challenge.”

Click here for a copy of the draft bill.


Nicolai Behr is a compliance and dispute resolution attorney in Baker & McKenzie’s Munich office. He is a member of the steering committee of GlobalComplianceNews, a compliance news website with global reach moderated by Baker & McKenzie. He is a member of the committee "International" of the German Institute for Compliance. Dr. Behr is a regular speaker on compliance and white collar topics.

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