Abstract
Excerpted From: Sandra Wisner and Brian Concannon, Debt and Dependence: Foreign Interference in Haiti and the Importance of Non-State Actor Accountability, 21 Northwestern Journal of Human Rights 185 (Summer, 2023) (303 Footnotes) (Full Document)
The scope of international human rights law (IHRL) obligations and responsibilities is limited by the state-centered approach of international law and the general presumption against extraterritoriality. However, shifts toward global interdependence have led to an increased role of non-state actors (NSAs) in the day-to-day lives of populations as they undertake operations and activities across national borders. Accordingly, there is growing recognition of both states' extraterritorial obligations (ETOs) and NSA [non-state actors]s' human rights responsibilities. To effectively protect human rights, foreign states and NSA [non-state actors]s must recognize and abide by their responsibilities and obligations. For some NSA [non-state actors]s, like international financial institutions (IFIs) and corporations, there are few binding legal obligations and a hesitance from states in asserting jurisdiction over these actors. Enforcing these obligations is also difficult given the lack of effective enforcement mechanisms. However, recent successes demonstrate that NSA [non-state actors] accountability is increasingly possible.
Haiti provides a salient example of the harms that are possible in the absence of strong accountability mechanisms for foreign states and NSA [non-state actors]s. The substantial debt Haiti agreed to pay France in exchange for recognition of its independence was a consequence of the hostility engendered amongst colonial powers following Haiti's successful slave revolt. This racially discriminatory debt resulted in a cycle of foreign aid dependence that persists to this day. In turn, dependence opened the door to the imposition of adverse foreign policies, perhaps most prominently exemplified by the U.S.'s nineteen-year occupation of the country beginning in 1915 and IFIs' imposition of neoliberal policies in the latter part of the twentieth century. This dynamic served to reinforce pre-existing power structures and inequalities that imposed and then entrenched Haiti's debt and has created significant obstacles to the realization and protection of fundamental rights. The substantial role that foreign states and NSA [non-state actors]s still play in Haiti's domestic policy prompts a necessary analysis of the human rights obligations of these actors and the applicability and availability of accountability mechanisms.
With Haiti as a case study, this paper analyzes the human rights impacts of foreign states and NSA [non-state actors]s, evaluates existing obligations under international human rights law, and argues for ETOs and the expansion and application of existing IHRL duties and obligations to NSA [non-state actors]s. Section I explains how the current human rights situation in Haiti has its roots in the country's cycle of debt and dependence and explores the way in which foreign states and NSA [non-state actors]s have grown to play an increasingly dominant role in the country. Section II analyzes key international human rights violations by foreign states and NSA [non-state actors]s in Haiti. Section III outlines the rights obligations of these actors. Section IV sets up the theoretical foundation of mechanisms capable of addressing these violations, including their successes in recent years, while acknowledging their challenges and limitations. Finally, Section V provides recommendations toward the restoration of Haiti's autonomy and the strengthening of foreign actor accountability.
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Haiti's dependence on aid and the ensuing foreign dominance over its affairs is a direct result of colonialist policies and lending practices by foreign states and NSA [non-state actors]s, which have led to serious and widespread violations of individuals' fundamental human rights. These actors are held to several standards under international law regarding the economic, social, cultural and political rights of individuals. They also have ETOs to respect and protect human rights beyond their borders. However, without effective accountability mechanisms, states, IFIs, and corporate actors have not been held liable for the harms caused by their policies and practices. Nor have they had to decolonize or otherwise reframe their approach to aid to reflect a more human rights-based outlook that promotes sustainable development. Reforming and strengthening accountability and oversight measures is critical to both providing redress for past harms and ensuring that future involvement from states and NSA [non-state actors]s in Haiti aligns with international legal obligations regarding human rights and Haiti's autonomy.
Sandra Wisner, LL.M. (Adv.), J.D., B.A. (Hons.), Director, International Human Rights Program (IHRP), University of Toronto Faculty of Law,
Brian Concannon, Jr., Esq., Executive Director, Institute for Justice & Democracy in Haiti (IJDH),
