William & Mary Environmental Law and Policy Review
Abstract
In Haiti, the ground beneath people’s feet, both politically and literally, has never stopped shifting, as cycles of gang violence and environmental disasters feed each other in a relentless spiral of instability. This Note intends to be an analysis of the cycle of gang violence and environmental disasters, along with possible legal and organizational solutions. It begins with a very brief historical analysis of how the situation has progressed from state creation to present day and how Haiti’s colonial past shaped its current governance problems. At its creation in 1804, Haiti became the first state founded by enslaved persons through a revolt against their colonial occupiers. Within Haiti’s history, semiautonomous or self-governing communities have always existed. Beginning with the pre-colonial maroons, “gangs” in Haiti have always been able to compete with legitimate governments. The role of gangs in providing income and security expands when power vacuums form within the legitimate government due to an increase in frequency and intensity of environmental disasters. These disasters are exacerbated by further environmental degradation that, in turn, feeds gang violence in a vicious cycle. There have been efforts by foreign nations to assist Haiti in the past, but the failure of those efforts has led to skepticism of more recent attempts to intervene, such as Kenya’s 2024 military intervention.
The second half of this Note will present possible solutions to the gang crisis, including reforming Haiti’s internal institutions, involving local communities in governance, and providing sustainable economic opportunities. International legal mechanisms, like the Inter-American Court of Human Rights and the International Court of Justice, are critical in enforcing human rights, including environmental protections that are closely linked to Haiti’s security problems. Haiti’s environmental degradation also requires reforestation and improved infrastructure to prevent further disasters, which often empower gangs. Finally, this Note concludes with an analysis of what domestic and international environmental laws exist that could be utilized through various domestic or international courts. Other solutions could include the possible creation of a regional intergovernmental organization similar to the Arctic Council or the reimagining of existing intergovernmental organizations like the CARICOM to provide more stability and assistance in environmental disasters.