IFRC COVID-19 Emergency Decree Pro Bono Research: Haiti
White & Case Team: Steven Gee, Adriana Zhan, Tegan Edwards, Kameron Townsend
Questions to be answered by close of business Friday, 24 April are listed
below.
Please be sure to include English translations of relevant text where
possible.
1. Is there coordination between state and non-state actors, e.g. through a national
emergency response mechanism?
There is a great deal of coordination between the Haitian government, particularly the
Ministry of Public Health and Population (MSPP). Haiti’s overall health care system is
extremely reliant on private actors, including foreign assistance and NGOs. As of 2013,
64 percent of Haiti’s health budget
1
derived from international assistance. In many parts
of the country, access to health care is only provided by non-state actors. Due to the
extreme poverty in Haiti and lack of a strong healthcare system, non-state actors are
crucial to providing healthcare to Haitians under normal circumstances.
The MSPP released a preparation and response plan to address COVID-19 (“MSPP
Plan”) on March 10, 2020.
2
The MSPP Plan acknowledges that participation of non-
state actors, including international and national NGOs, are of great importance in
successfully implementing the measures set forth in the plan.
3
The MSPP Plan also
contemplates coordination between the Haitian government and NGOs to maintain a
coherent communication mechanism to disseminate information regarding COVID-19.
4
One example of ongoing non-state coordination is the Pan American Health
Organization’s (PAHO) efforts to support Haiti in combating COVID-19. The PAHO
1
The Haian Times, Coronavirus Exposes Precarious Living Condions in Hai (March 26, 2020).
2
RÉPUBLIQUE D’HAÏTI MINISTÈRE DE LA SANTÉ PUBLIQUE ET DE LA POPULATION (MSPP), PLAN DE PREPARATION
ET DE REPONSE DU MSPP AU CORONAVIRUS, available at https://mspp.gouv.ht/site/downloads/Plan%20de
%20Pr%C3%A9paration%20et%20de%20R%C3%A9ponse%20du%20MSPP%20au
%20CoronaVirus.pdf.
3
Ibid, at Secon 8.
4
Ibid, at Secon 3.II(e).
delegation provided Haiti’s Ministry of Health with 500 COVID-19 test kits as well as
training in diagnosis and detection of the disease for Haitian healthcare workers.
5
2. Is there mention of the role of Red Cross (RC) or humanitarian actors? In what areas/
sectors? What responsibilities are ascribed to RC?
As noted above in our response to Question 1, coordination with international and
national NGOs is specifically contemplated in the MSPP Plan, particularly in respect
of maintaining coherent communication mechanism to disseminate information
regarding COVID-19. RC is not explicitly referenced in the MSPP Plan, but it can be
expected that RC is included in the NGOs.
We understand that the Haitian Red Cross (HRC) has been conducting ongoing
activities in Haiti in respect of COVID-19, including:
6
established a direct line of contact between President Moise and the MSPP;
created a working group/task force to enhance monitoring and preparedness;
and
coordination with the Dominican Republic Red Cross, including creating a
humanitarian corridor to improve the procurement of items in the Dominican
Republic.
3. Are there exceptions to travel restrictions that will facilitate the movement of
RC/humanitarian relief teams and/or aid across borders? What (if any) quarantine
requirements or other conditions are attached?
Haiti has closed all its land, air and sea ports of entry and exit, as well as suspended
commercial passenger flights until at least May 19, 2020.
7
Transportation of
merchandise, and the captains and pilots of cargo vessels/planes are not restricted.
8
Trucks will be able to cross from the Dominican Republic, subject to increased
security measures and health screenings.
9
The MSPP Plan implements quarantine measures for persons entering Haiti, which
includes home quarantine for 14 days.
10
5
Pan American Health Organization, PAHO and Prime Minister of Haiti work together to strengthen
health system preparedness for COVID-19, (March 27, 2020).
6
IFRC, COVID-19 Outbreak Operaonal Update #9 (April 2, 2020).
7
WorldAware, COVID-19 Alert: Hai Extends Movement Restricons, Curfew and Port Closures Through May 19
(April 21, 2020).
8
U.S. Embassy in Hai, COVID-19 Informaon (2020).
9
WorldAware, COVID-19 Alert: Hai Extends Movement Restricons, Curfew and Port Closures Through May 19
(April 21, 2020).
10
RÉPUBLIQUE D’HAÏTI MINISTÈRE DE LA SANTÉ PUBLIQUE ET DE LA POPULATION (MSPP), PLAN DE PREPARATION
ET DE REPONSE DU MSPP AU CORONAVIRUS, Secon 3.6, available at https://mspp.gouv.ht/site/downloads/Plan
%20de%20Pr%C3%A9paration%20et%20de%20R%C3%A9ponse%20du%20MSPP%20au
%20CoronaVirus.pdf.
Many Haitians have returned to the country from nearby Dominican Republic in the
past few weeks as the Prime Minister and government look to reopen.
11
Haiti is also
permitting entry of Haitians abroad provided certain conditions are met, including
recent proof of testing negative for COVID-19. Entrants must self-quarantine for 14
days at one of two Port-au-Prince hotels designated by the government.
12
There does not appear to be any exceptions to travel restrictions that pertain
specifically to the movement of Red Cross staff or volunteers or other humanitarian
relief teams. It is not clear whether such personnel could enter Haiti under the cargo
transport exception if accompanying importation of aid supplies.
4. Are there exceptions to quarantines, curfews and other restrictions on movement that
allow RC/humanitarian organizations access to vulnerable populations (including for
psychosocial or non-medical aid)?
At the time of writing, Haiti has implemented a number of restrictions on movement:
13
A curfew is in place from 8pm to 5am each day, currently effective through at
least May 19. Citizens are to stay limited to essential movements only outside
of curfew hours.
All inter-municipal public transport along National Route 2, between Port-au-
Prince and Les Cayes is suspended.
Public transport in and out of the Sud and Grand’Anse regions have been
banned.
Schools, universities, some factories, and places of worship are closed until
further notice.
Gatherings larger than 10 people have been banned.
There is municipal guidance that further supplement the above described measures,
including:
14
Limitations on number of passengers per vehicle;
Requirement to wear masks;
Reduced operating hours for public markets; and
Sanctions, including fines and possible arrests, for violations of such measures.
At the time of writing, there does not appear to be any exceptions to these restrictions
on movement for RC/humanitarian organizations to access vulnerable populations for
purposes of administering aid. Some NGOs have reported that their operations were
11
The New York Times, Covid-19 Trickles Into Hai: ‘This Monster Is Coming Our Way’. (April 22, 2020).
12
Miami Herald, Why Haian naonals have a tougher me returning home than deportees from the U.S. (April 22,
2020).
13
WorldAware, COVID-19 Alert: Hai Extends Movement Restricons, Curfew and Port Closures Through May 19
(April 21, 2020).
14
Hai Libre, Hai - Jacmel: Reinforced measures and strong sancons in the fight against Covid-19 (April 10,
2020); Hai Libre, Hai - Covid-19: The Town Hall of Cap-Haien announces a series of restricve measures (April
11, 2020).
affected by restrictions of movement; efforts are purportedly underway to establish
“laissez passer” protocols to enable movement of humanitarian staff.
15
5. Have any special legal facilities or exemptions been put in place for the importation of
medical aid or other relief items or personnel (International Disaster Response Law)?
What (if any) quarantine requirements or other conditions are attached?
It is not clear whether there are any special legal facilities or exemptions in place for the
importation of medical aid or other relief items or personnel to address COVID-19.
It may be helpful to note that Haiti is receiving ongoing aid to combat COVID-19 from
many NGO partners including, among others, the United Nations, PAHO, WHO, and
UNICEF in the form of medical supplies, funds, personnel training and public education
efforts.
16
6. Is the RC (or humanitarian organizations) categorized as 'essential' or 'emergency'
services, for the purposes of exemptions to restrictions on business operations and
opening hours?
At the time of writing, there does not appear to be any exemptions to restrictions on
business operations and opening hours for RC or other humanitarian organizations.
As noted in our response to question 4 above, some NGOs have reported that their
operations were affected by restrictions of movement, though efforts are purportedly
underway to establish protocols to enable movement of humanitarian staff.
7. What other measures are provided in the emergency decrees? (for governmental
actors, for communities, for health workers, etc).
The Haitian government enacted a state of emergency order on March 20, 2020.
17
Under this order, certain sectors have been placed under specific restrictions.
18
Schools; Industrial Parks; Places of Worship – as noted above, the Presidential Order
sets out that all schools, industrial parks, factories and places of worship will remain
closed until further notice.
19
It is worth noting that on April 15, 2020 Haiti’s Prime
Minister announced that the country’s textile factories would re-open at reduced
capacity.
20
Health Workers - under the Presidential Order, the Haitian government is required to
provide hospitals with masks, gloves, medicines, fluids and all other necessary medical
15
OCHA, Hai – Covid-19 Flash Update No 4 As of 14 April 2020, available at
hps://reliefweb.int/sites/reliefweb.int/files/resources/20200414_-_flash_update_no._4_covid-19_-_ocha_hai_-
_en.pdf.
16
Ibid.
17
Hai Libre, President Moise declares a state of health emergency (March 20, 2020).
18
Miami Herald, Hai confirms coronavirus in country, closes airport to all commercial flights (2020).
19
U.S. Embassy in Hai, COVID-19 Informaon (2020).
20
Miami Herald, Hai declared early victory over coronavirus, plans to reopen factories (April 15, 2020).
supplies.
21
All hospitals and private clinics are required to provide isolation services to
the State as required.
22
8. Have restrictions been adopted or put in place that ban the export of protective
medical equipment?
No specific restrictions have been adopted or put in place that ban the export of
protective medical equipment. Many of the factories that have re-opened manufacture
textiles (including scrubs and face masks) for American companies.
23
There has been
conversation around requiring that a certain percentage of produced protective medical
equipment remain in Haiti, however a specific quota has not been put in place at this
time.
24
21
Supra at 1.
22
Ibid.
23
Miami Herald, Hai is making face masks, medical garments to fight the coronavirus and save jobs (March 30,
2020).
24
Ibid.
