question from a reader

I got this question from a reader this week and since this is a "Haiti blog" I thought I'd answer it publicly to the best of my understanding.

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Hey Gwenn-- I have a question I thought you might be able to answer. I just got a call from a friend up in Cap who asked if there are any legal requirements for a Haitian to decide to start bringing in kids and operate as an orphanage (not a creche). I know plenty of places in Port who do just that, and I'm pretty sure they don't have a single piece of paperwork. However, are you aware if any legal requirements exist? Thanks in advance for anything
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First of all--
We are in the LONG, ARDUOUS process of getting our IBESR (Haitian Social Services) license. (Not as a creche, but as a residency orphanage.) It's a really difficult process. We were not aware until last summer that our organization did not possess this. We also learned at that point that we weren't a legal organization in Haiti. Since that time, we have taken the MANY steps and jumped through the many hoops to become a legal Haitian NGO and we're in the IBESR process. We do have written legal permission to operate as an orphanage in the Sudest from the mayor (now Senator) Edo Zenny, that protects us legally for a year while we negotiate this licensing process.

THIS. IS. AN. IMPORTANT. PROCESS.

Yes, it is true that there are many orphanages without a single piece of documentation. Now, you are talking about a Haitian person but the same laws apply irregardless of nationality. Unfortunately, most of the non-Haitian orphanages here are American-run and incredibly irresponsible. An (American) friend of mine was talking to a Haitian government official the other day and he asked her if she was sure she was American, because in his experience Americans in Haiti didn't think they needed to follow the rules. "Why don't they think we have laws?" was his question.

I often whine and moan about the processes in Haiti. Yes, there is corruption at pretty much every level. Yes, there needs to be widespread reform. But if WE are the people coming into a foreign setting it is ABSOLUTELY our responsibility to follow the laws of the country.

Now, here's where things get tricky. Pre-earthquake nobody cared. Seriously. Almost no once cared. You could pretty much do whatever you wanted. Now it's not that way. Unicef has merged with IBESR in Haiti and are being MUCH more vigilant about making sure everyone is following the rules. Up until last month IBESR 1 employee working in the Sudest. Now there are 14. Four of them came to my home last week for a surprise inspection. They stayed for a good 30-45 minutes and asked A LOT of questions. They gave us some recommendations and told us they'd be back soon to make sure we were implementing them. This is happening all over Jacmel right now.

And so what's the risk of not doing things legally?

It's called kidnapping.

Why don't you ask the Baptists if they think that could really happen?

The same system that is super-slow in getting paperwork processed is also predictably slow with carrying out justice. Haitian jail "pa dous" (is not sweet.) And that's where you'll be while it all gets sorted out.

Yes the system is broken. I know it's not fair. I know it's not an easy process. It's an expensive and down-right maddening to do things "the right way." Sometimes it seems like the laws are only there to punish the people who follow them.

But it's similar to adoption-- a long, expensive, drawn out process that you *could* just bypass by paying off the right person. (If you think I am exaggerating, read A Crime So Monstrous.)

So whether or not people do it, and whether or not people get caught, it's still against the law.

There's my two cents.