Haiti, former country of the Indians, former Spanish colony, former French Colony, became a free and independent Nation on January 1, 1804. The former slaves rebelled against their Masters and organized a general and bloody revolt against France. After ten years of fighting, and after the arrival of the expeditionary army sent by Napoleon Bonaparte; the main mulatto officers and those of the native army, they agreed to form the command unit of which Jean-Jacques Dessalines is the Commander-in-Chief of the revolutionary army, for the fight for freedom and independence. They routed the English and defeated the Napoleonic army, the most powerful of the time. After the victory of their arms, Dessalines was named Governor General for life on January 1, 1804, and then Emperor of Haiti, in 1805, under the name of Jacques 1st.
After the proclamation of this independence, to prevent an offensive return of the French, and to avenge the cruelty of the former colonists, Emperor Jacques the First had ordered the massacre of all whites remaining on Haitian territory, except for priests, doctors, teachers, pharmacists and all those who contribute to the happiness of the young nation. Unfortunately, the Haitian people, thirsty for revenge, killed all the whites who stood in their way. This cruel and brutal action raised the anger of the international community, particularly France, which refuses to recognize the independence of Haiti.
After two years, eight months and seventeen days of reign the Principal Generals of the Haitian army, particularly the Mulattoes who did not want to participate in the massacre of the French, organized an internal revolt against the emperor, for multiple reasons. The main conspirators were Alexandre Sabès Pétion, West; Henry Christophe, North; Nicolas Geffrard, South; and Etienne Elie Gerin, Nippes. They had Emperor Dessalines odiously assassinated on October 17, 1806. Indeed, strangely and astonishingly, the conspiring generals who agreed to end the Emperor’s life, could not agree to choose, among themselves, Dessalines’ successor. Two months after the Emperor’s assassination, a civil war broke out between Christophe and Pétion; on the morning of January 1, 1807.
Three years after the proclamation of independence, the Republic of Haiti lost its independence. It was divided into two republics: the Republic of Northern Haiti, with Henry Christophe as head of state and a black and red flag. The Republic of Western Haiti, with Alexandre Sabes Pétion as head of state and a blue and red flag. Both heads of state were appointed for life and remained in power until their deaths. Alexandre Pétion died in 1818 and was succeeded by Jean-Pierre Boyer. Henry Christophe died in 1820. This sudden death gave President Jean-Pierre Boyer the right to annex the two republics into a single republic, as it had been previously. Haiti regained its independence.
The debt of independence
Because of the division that existed between the main officers of the Haitian army, which is at the base of the separation of the country into two republics, Haiti became a weak and deficient nation, politically, economically and diplomatically. France took advantage of this alarming weakness to attack Haiti, first, psychologically and diplomatically. Under the presidency of Jean-Pierre Boyer, the invincible army that existed before 1804, was no more. France took advantage of this failure to demand from the Haitian state the payment of an indemnity of 150 million francs to recognize the independence of Haiti and to compensate the former colonists who had lost their property. The President of Haiti at the time, who wanted his country to have diplomatic relations with France, decided, at the risk of a compromising future for the Haitian people, to agree to pay the sum demanded by the King of France. This sum must be paid for installments. At that time, the Haitian nation was going through a difficult economic time. There was not enough money to pay government employees, or even to pay France. To pay the first installment, President Boyer borrowed the required amount from a French lender. However, due to poverty, Haiti paid the entire amount demanded after about a hundred years. This was painful and caused serious harm to the Haitian nation.
A debt or a request for reimbursement?
Under Jean Bertrand Aristide’s presidency, from 2001 to 2004, he considered the money Haiti paid to France a debt that must be repaid.
Is it really a debt or a demand for repayment?
When the contract between Haiti and France was signed, it was not a debt but rather an indemnity that must be paid voluntarily, for any reason, without coercion. At that time, there was a sweet friendship between the French and Haitian governments. Today, some Haitians are demanding reimbursement of the sum of money paid and consider it a debt. However, France does not recognize this debt and does not want to repay it.
How will Haiti be able to recover this amount?
Analyzing the facts, for Haiti to recover the amount of money demanded as reimbursement, three scenarios are possible:
a) The Haitian government could sue the French government before a competent court to assert its rights or claim.
b) France could voluntarily agree to repay the amount voluntarily, through any negotiation.
c) Haiti could resurface to militarily attack France, as it had done before 1804, to recover its money.
If these three scenarios seem impossible or possible, leave your comment below.
Me Serge Desrameaux, Lawyer/Professor