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Conference Proceedings: "THE HAITIAN CADASTRAL SYSTEM" "The Case of the Commune of Aquin: Revealing the Opportunities and Challenges"

Aldy Hotel, Aquin, Haiti - December 14, 2012 Cadastre Management and Private Property in the Commune of Aquin, Haiti The nongovernmental organization Haitian Resource Development Foundation (HRDF), together with the Aquin Bar Association, the Francophone Section of the Louisiana Bar Association, Louisiana State University, Ministère des Haïtiens Vivant à l’Etranger and the International Center of Lafayette, Louisiana presented a conference on cadastral management and the private domain in the commune of Aquin, on Friday, December 14, 2012 at Aldy Hotel in Aquin. Thirty officials, attorneys, lawyers, solicitors and surveyors from the Haitian cities of Aquin, Jacmel, Gonaives and Port-au-Prince participated. The objective of the conference was to raise the issue of cadastre, an endless source of conflict over land and property ownership in Haiti. This international conference will be followed by two days of practical sessions in Louisiana, April 25-26, 2013 entitled "Management of Municipal Services and the Law of Property."

HAITIAN RESOURCE DEVELOPMENT FOUNDATION www.hrdf.org Aldy Castor, M.D., Président United States: 854 Marina Drive, Weston, Florida 33327 Ph 954.659.7953. 954.873.0064, fax 954.659.7957, aldyc@att.net Haïti: 17, 2ème ruelle Wilson, Pacot, Port-au-Prince, ph 509.3.461.5225 25, Rue Sténlo Vincent, Aquin

The Haitian Resource Development Foundation (HRDF), a 501 (c ) 3 non-profit organization, with United States Federal Tax I.D. No. 72-1074482, was established in 1987 in the State of Louisiana. This Foundation is also recognized by the government of Haiti as a Non-Governmental Organization (N.G.O.) under the RE: No. MPCEFP/1993/94/17 and registered in the archives of Le Ministère de la Planification et la Coopération Externe under the number B-0167. HRDF’s mission is to initiate or support projects whose goals are to develop Haiti’s resources and focuses its effort on outcome-based programs in the fields of health care, education, scientific research arts and culture and economy

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Friday December 14, 2012 - 9 a.m. to 4 p.m. Aldy Hôtel, Aquin

Program/Schedule

8:30 Registration of participants 8:45 - 8 :50 Words of Welcome, Aldy Castor M.D., President of the Haitian Resource

Development Foundation (HRDF) 8:50 - 9 :00 Words of Introduction, Kennedy Bérandoive, Attorney in Aquin 9:00 - 10:00 "The Rights to Property, Their Characteristics and Cadastral Problems in

Haiti." Serge Fernandez, Chief of Staff of the Haitian Government Minister for Haitians Living Abroad

10:00 - 10:30 "Governmental Management of Private Property in the Commune of Aquin."

Darid Laguerre, Lawyer of the Bar Association of Aquin 10:30 - 10:45 Coffee Break 10:45 - 11:45 "A Perspective on Elements of Cadastral Management in Louisiana."

Philippe Gustin, Director of the International Center, Lafayette, Louisiana, and Louis Perret, Clerk and Archivist, Parish of Lafayette, Louisiana

11:45 - 12:45 "The Role of Mayors in Cadastral Management in France." Jean-Louis Testud, Deputy Mayor, City of Suresnes, France 12:45 -14:00 Lunch 14:00 -16:00 Discussion of the Cadastral System in Haiti and the Governmental

Management of Private Property: The Experience of the Commune of Aquin." Kennedy Bérandoive, Moderator

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Participants and Contact Information

Nom Prenom Telephone Email Institution ISAAC Dubé 37141671 Juriste NOEL Angenor 46573931 Juriste JOAS Junot 37528765 joasjunot@yahoo.fr Juriste GERADIN Gasnel 47001157 juriste Jean Julien Verbo 3798025 SEVERE Maxime 36257934 maximesevere@yahoo.fr Juriste JOCELYN Chery 37867561 Cheryjocelyn567@yahoo.fr Juriste

GEORGES Rodney 37811024 Juriste APOLLON Francky 36830563 franckyapollon@yahoo.fr Juriste St FELIX Fandor 38742386 Juriste JACQUET Mulry 37656014 Mulry10@yahoo.fr Juriste SERGE Fernandes 31709899 Sergefer1994@hotmail.fr MHAVE DORFEUILLE Darilien 37129763 dariloucldorf@yahoo.fr Juriste ETIENNE Yves Auguste 37665334 Arpenteur SEIDE Jn Raymond 36051607 raymondseide@yahoo.fr Notaire

MICHEL Jean Lenz 37047893 zomichel@yahoo.fr Maire - adjoint

HULOT Aude 38069766 Audehulot8àgmail.com HRDF

RIGAUD Humantirs 38487950

BERANDOIVE Kennedy 37073898 Avocat

TESTUD Jean - Louis testudj@gmail.com

AUGUSTIN Lenes 37787754 Arpenteur

LAGUERRE Darid 31076817 Avocat

CEANT Chantal 38888970 chantalceant@gmail.com ROMEUS Willem 38450290 wiromeus@yahoo.com Sociologue SAINT - DIC Luckner 37824083 Agronome PAUL Gardy 48276137 Gardy.paul@yahoo.com Juriste BELIZAIRE Marie - Alice 34613880 mariealicebelizaire@hotmail.co

m Notaire

ALPHONSE Lesly 34581717 leslyalphonse@yahoo.fr Notaire LAVAUD Marie S.Lauret 36883088

Notariallautentyahoo.fr Notaire

FRANCILLON Bettina B. 37440394 bbfnot@hotmail.com Notaire LABISSIERE Georges 38757557 Glabgl1973@hotmail.com Notaire ALPHONSE Annick 34697373 Annick.alphonse@yahoo.fr Clerc de notaire

Jn Baptiste Harry Dickens 38109792 dickenshyfe@yahoo.fr Notaire

AMEDE Bonel 36822891 Avocat

ISAAC Nissage 37270360 nissage@yahoo.com DGI

HENRY Yvener 37888036 Arpenteur

LOUIS Marsener 37178563 Arpenteur

ANGLADE Makansley 37410532 makansleyanglage@yahoo.fr Avocat

RAMEAU Rony 37410602 ronyrameau@hotmail.com Notaire POTEAU Bernadin 37703728 Notaire

MARCEL Maxime 37641229 Juriste BOSSE Calixte 36995306 Maire

TATTEGRAIN Danielle 37203773 Maire

GASPARD Jules 37209152 Avocat

PIERRE Romel 38000195 romelpierre@yahoo.fr Mairie ALLIEN Phillipe 37114080 Phillipe.allien@hotmail.com FAS

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Some pictures :

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CONFERENCE SUMMARY

The Haitian Cadastral System: The Case of the Commune of Aquin:

Revealing the Opportunities and Challenges A conference and discussion on the Haitian cadastre system was held Friday, December 14, 2012, in Aquin in Haiti's south-central coast. Many representatives of Haiti's legal, notarial and land surveying professions responded to invitations to attend. Several dozen participated. The case of the commune of Aquin was taken as indicative of cadastral opportunities and challenges and proposed as a "driver" for debate and discussion. All agreed that the rule of law in modern society is not only a matter of civility and morality but also of practicality; all of these contribute to a country's survival and development. it was noted that a good cadastral system, with secure property records that are clear, precise on matters of ownership and civil status, and well-organized for conserving and retrieving documents, were indispensible to progressive development. The conference was introduced and the attendees welcomed by Aldy Castor, M.D., President of the nongovernmental organization, Haitian Resource Development Foundation (HRDF). Following, the conference heard from several presenters and their information and points of view. Bérandoive Kennedy, attorney in Aquin, recounted Haiti's cadastral history. He said, "Only five percent of the land has been identified in a cadastral sense." Because of this, he argued, "a Haitian land tenure system is almost nonexistent." The participants agreed that this deserves special attention, in particular because the difficulty of acquiring and proving land ownership is holding back investment initiatives. On the other hand, they agreed that without an effective collection of taxes and other revenue, municipalities cannot provide services such as land registration and recordkeeping that the public is entitled to expect. Philippe Gustin, Director of the International Center of Lafayette, Louisiana, and Louis Perret, Clerk and Archivist of the Parish of Lafayette reviewed the operation and legislative framework governing property rights in Louisiana. A quick history of Louisiana, a former French colony, helped compare and contrast cadastral customs and characteristics between Louisiana and Haiti. This included historical references, legislation over and use of the Mississippi River in maritime trade, method for establishing land title in Louisiana, and so on, with references to case law. The lesson of Louisiana is that local cadastral services and responsibilities - surveying, notarizing, recordkeeping, etc. - are often more efficient than what can be provided by centralized services in state or national capitals. Conference members observed, noted and agreed on the importance of complying with the current cadastral initiatives of the national government including the National Office of Cadastre Haïtien (ONACA), the Interministerial Committee for Territorial Development (CIAT) ONACA, and various activities of Parliament and the executive branch. The participants proposed to request that CIAT choose Aquin as one of its demonstration municipalities concerning implementation of the cadastre, establishment of archives, local regulations, procedures of law, etc. Mr. Gustin announced that the city and parish (municipality) of Lafayette, Louisiana will offer practical training for Aquin citizens interested in the field of cadastre and municipal archives. This will begin 25 and 26 April 2013 covering all stages of cadastral activity from negotiation to registration to consultation and settlement of ownership disputes.

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Additional sessions will be held throughout 2013, building on the debate and resolutions of the Aquin conference: the cadastral system, private sector management of the state lands and property, using as reference the commune of Aquin. Speaking next, Jean-Louis Testud, Deputy Mayor of Suresnes, France, also emphasized the importance of municipal development plans and sufficient local taxation. These are basic for attracting and evaluating prospective development and commerce. He described how different levels of successful government cooperation in France give Suresnes the experience to advise Haitian cities. There are notable similarities between the system of property rights and law France and Haiti system, both historically based on the Napoleonic Act of 1809. Exchanges and debates among participants were prolific throughout the day, punctuated by breaks for relaxing, refreshments and lunch. As a whole, the conference led to some interesting points of view and constructive exchanges suggesting future gatherings and work sessions.

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APPENDICES

1. "OPENING REMARKS AND WELCOME," DR. ALDY CASTOR Security rights concerning land of both human and corporate owners are indispensable and necessary for sustainable development and territorial planning and management. Yet in 2011, it is estimated that only five percent of land in Haiti is "cadastered," i.e. surveyed, registered, notarized, publicly filed and verified according to local and national law. Aquin's low cadastral rate is typical. The object of this conference is to analyze the technical, legal and policy aspects of a modern cadastral system, taking the example of the commune of Aquin. The purpose is to: - Improve security of tenure in rural areas through the establishment of a register in the city of Aquin, with support and technical expertise of professionals in Louisiana, France, Canada, the Government of Haiti's Office of National Haitian Cadastre (ONACA) and the Interministerial Committee for Territorial Development (CIAT). - Implement the progressive development and coordination of municipal cadastre for Aquin, consistent with national laws and regulations.

2. "BACKGROUND AND CONTEXT OF CADASTRE,” BERANDOIVE KENNEDY, ATTORNEY, AQUIN With the Treaty of Riswick in 1797, France forced Spain to cede the western third of the Caribbean island of Hispaniola. Immediately, the status and terms of ownership of the colony's land - to whom? where? And how much? - became significant. With Haiti's independence shortly after, in 1804, these questions became more pressing among old and new landowners alike. What exactly did anyone own, and how? Was land actually owned or merely occupied? The issue of land ownership became chronically inconclusive, and for the most part still is. In Haiti, property can be acquired, occupied and/or transferred in several ways. When adding the great increase in population over two centuries, there are endless sources of conflict, even over small parcels. A few dozen hectares can have been divided and subdivided to descendents for several generations. Erstwhile buyers ("collateral sellers") may also have intervened from time to time, adding their own claims of succession. Lack of written sales contracts and proof of allegations have added to the problem. This is not to say that informal occupancy and transfer of land use is theoretically impossible to maintain over centuries, but those locations and cultures are few and far between, and generally do not exist in Haiti. An orderly cadastre can only exist where written records exist, are preserved, are open to public view, and fit into the larger body of civil law, particularly property laws of rights, responsibilities and liabilities. In the western world, this civil law goes back to the time of the Roman and German empires, then forward to the "Code Napoleon" I the early 19th century. This basis has changed but slightly, with exception for example of the numbering of code sections, the process of civil and criminal adjudication, and certain interpretations and embellishments that enhance the Code Napoleon. Thus, it is to this Code that modern cadastre systems are welded. Property rights in Haiti are vested in a person's absolute right to possess something, albeit under specific conditions. This right to possession has three dimensions that ultimately merge: 1. the "usus" or the right to enjoy something. 2. the "jus fructus" or the right to the fruits or capabilities of that thing. 3. the "abusus" or the right to modify or dispose of that thing. Concerning acquisition of property, there are generally nine methods. Formally, they are 1) succession, 2) convention, 3) contract testament, 4) prescription, 5) acception, 6) usucapion, 7) effect of law, 8) donation while alive, and 9) donation after death, by will. The Napoleonic Code attempts to resolve ownership by rigorous examination of testimony and documentation. It does not necessarily give primacy to ownership based on a priority ranking of the nine methods of acquisition but instead on how well a claim is made, registered, filed and preserved. In other words, it rests on the quality of the cadastre. For example, to successfully assert land ownership, a claimant must in many cases produce evidence

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of having acquired the property from someone who has already successfully defended his/her ownership, whether by inheritance or by a form of collateral ownership. And in Haitian law, once a court has "prescribed" ownership to the most recent person, it effectively vacates contrary historical claims to that land, whether to use it, change it, modify it or transfer it. In Aquin, property rights are frequently contested, costing great time and effort and often slowing good development opportunities. We suffer from lack of a cadastre system and process that clearly identifies, recognizes and distinguishes the rights of historical and current owners and occupants of land in the commune. Good records are vital. Untidy and poorly ordered records prolong the confusion. We offer our very small community, the town of Aquin, as a starting point for other communities across the country. Until then, our resources are in precarious condition. We request and appreciate the help of those outside Aquin as we try to establish a modern cadastral system in our community. Thank you, BERANDOIVE Kennedy, Attorney at Law Aquinas

3. "THE RIGHT TO PROPERTY AND ITS CHARACTERISTICS - THE PROBLEM IN HAITI," SERGE FERNANDEZ, CHIEF OF STAFF, HAITIAN MINISTRY OF HAITIANS LIVING ABOAD

As we know it, the "right to property" permits individuals to use, enjoy and dispose of a thing, including land. This is reinforced by laws that allow individuals to be the absolute master of property, with exclusive and inherent powers. Property can refer to things that are either movable or immovable. Philosophers have argued that property rights arise from social convention; others find its origins in Natural Law, for example, from one's birthright. Anglo-American law recognizes the right to personal property, including land, and there are also recognized "intellectual property" rights linked to artistic creations and inventions of things. With the advent and maturing of the Computer Age, the subject of property rights has been revived in relation to the creation, enjoyment, change and disposal of such things as software and communications systems, consistent with agreements about intellectual property. The use of the term "property right" Various disciplines (eg law, economics, anthropology and sociology) treat the concept of property right fairly systematically, although in slightly different fashions. Social scientists frequently conceive of "property" as a bundle of rights. They stress that while property can be a relationship between people and simple goods (manufactured items), a more important relationship is between people and "real property," e.g. land and things built upon it. There is, for example, consensus that ownership of real property (land, housing, means of production, etc.) is of significant value. Thus, property ownership conveys superior power in society, whereas someone who has only his/her labor to sell is at a disadvantage. Property can be either publicly or privately owned. Public property is well-controlled by a State and/or its designated official(s) according to public law, generally for public uses. In some cases, however, public property can be held in a restricted way - such as a military base, dumpsite, park or wilderness area - where public access and use is restricted or prohibited altogether. By contrast, private property is not intended for public good or is not assigned to a public use. Instead, private property may be controlled by a single individual, a group or an organization for private purposes. General characteristics Property rights can be held by modern corporations. Companies in the United States, for example, have been granted some property rights identical to those afforded natural humans. In these cases, the rights have been conveyed through amendments to the Constitution more than a hundred years ago. The Fifth and Fourteenth Amendments of the Constitution of the United States, for example, explicitly protect private property, and has been interpreted to cover the property of corporations as well as the property of natural humans. There is also

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protection implied by the Universal Declaration of Human Rights, in Article 17 of the Declaration of the Rights of Man and of the Citizen of 1789, Article XVII, and the European Convention on Human Rights (ECHR ), Protocol 1. Property is generally perceived as a set of rights defined and protected by the legal system of a sovereign entity, i.e. by a nation. Therefore, ownership is subordinate to sovereignty, not equal. Said another way, ownership exists under and by the grace of sovereignty, and the rights may be modified or revoked by the sovereign. Traditional property rights Traditional property rights occur in three dimensions: - "Usus" or the right to use and control the use of property, and the right to repossess it if applicable; - "Fructus" or the right to any benefit from the property, e.g. minerals, crops, milk from livestock, solar and wind energy flowing across it, etc. - "Abusus" or the right to consume or destroy the property, plus the right to transfer it for money (a sale), exchange it for other property (barter), or give it for free through donation or bequest. Inherent in these is the right to exclude others from one's property, from time to time or altogether. The package of rights to property can be dismembered, i.e. a portion of rights can be held while another portion can be sold, traded or given away. The rental of land to another person is an example. However, dismemberment does not allow unreasonable interference - safety, destruction, usurpation, etc. - in the basic ownership. And by the same token, an owner must not endanger the public health, safety, peace - e.g. dangerous predators, animals or plants infected with contagious diseases, etc. - or create a nuisance or endanger others - e.g. noise, derelict building with danger to passers-by, etc. - or abused neighboring property - e.g. by blocking access, preventing river flow, refusing to share surplus water, etc. In general, the property owner is responsible for damage and nuisance caused by the goods one owns. From this arises the concept of ownership that respects and promotes community rather than contention. Legal systems have evolved to cover transactions and disputes concerning the possession, use and transfer of ownership, particularly involving contracts. "Positive law" defines such rights, and the judiciary is used to adjudicate and enforce them. Interpretations of Property Rights In his classic text, "The Common Law," Oliver Wendell Holmes described property as having two fundamental aspects. The first is possession, which can be defined as the power to control. The second is the title, which denies a third party the exclusive property covered by the title. Holmes elaborated the differences between these two concepts and proposed a theory to explain how the property came to be linked to individuals, as opposed to families or entities such as the church. According to Adam Smith, the desire for profit, to increase own's capital, is legitimized by private property rights. Underneath this is the belief that encourages owners, through capitalism, to develop their properties to generate wealth and allocate their resources efficiently in the marketplace. It is from this that one infers and justifies property rights as part of "positive law" in the search for abundance and social progress. In her fictional novel Atlas Shrugged, Ayn Rand asserted "Just as man can not exist without his body, no rights can exist without the right to translate rights into reality, to think, to work and keep the proceeds, which means: the right of property ". Most thinkers from these traditions - Smith, Rand and others - subscribe to the theory of property having an independent existence, and from which humans and businesses owning such property can derive, sell and trade products. "Life, liberty, and property do not exist because men have made laws. Rather it is because the life, liberty and property existed that man was then able to make laws. "(Frederic Bastiat, The Law, 1850) By contrast, the fundamental principles of socialism criticize capitalism by stating inter alia that even if property rights encourage the property owner to develop the property, generate wealth, it will only do so for his own benefit, which does not coincide with the interests of other people or society in general.

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The social anarchists generally recognized property rights but with a period of abandonment of the property very short. In other words, a person must use the property of a (more or less) continuous if it loses the right to keep the property, generally referred usufruct. Thus, in this system, absentee ownership is illegitimate and workers own the machines with which they work. Communism argues that only collective ownership of the means of production through a social organization (not a state) will both reduce inequalities and injustices that profit maximization [ref. needed] and, therefore, private property (which in communist theory is limited to the capital) should be abolished. Communism and some forms of socialism have also argued that private property is inherently illegitimate. This argument is essentially centered on the idea that the creation of private property will always favor one class over another, giving way to domination through the use of the property. Theories of property There are many theories. One of the most popular is the definition of ownership as a natural right advanced by John Locke. He advanced the theory that one who mixes his labor with nature, gaining ownership of this part of nature associated with his work, provided that it should remain enough, and as good left in common for other. In Rerum Novarum, Pope Leo XIII wrote "It is undeniable that, when a man engages in remunerative work, the reason and the motivation that led him to his job is to get the property and keep thereafter as its own property. " Anthropology studies the different systems of ownership, rights of use and transfer, and possession under the term "theories of property." Western legal theory is based on the owner of the property considered a person in the legal sense. However, not all property systems are not based on this principle. In every culture, ownership and possession are subject to custom, regulation and law. Many tribal cultures restrict private property by the laws of collective groups: tribes, families, associations and nations. Different societies may have different theories of property based on different types of ownership. Pauline Peters argued that property systems are not isolable from the social structure and property concepts can not be defined in isolation, but they can be formulated in negative terms: for example the taboo system among the peoples Polynesians. Computer products Since 2007, French legal research has raised the question of property rights in the management of wealth produced by computer. Traditionally understood by the law of intellectual property, the analysis shows today that ownership can apply to information technology, software and computer systems [2]. Ownership in France The French Civil Code defines the right to property as "the right to enjoy and dispose of things in the most absolute manner provided they are not otherwise prohibited by law or regulation." Article 544 of the Civil Code [1] Protections of property rights in France The right to property enjoys special protection under French law, as it is referred to in the Declaration of Human Rights, where constitutionally, "property being an inviolable and sacred right, no one can be deprived except where public necessity, legally ascertained, obviously requires it, and under the condition of a just and prior indemnity." It is also subject to special protection under Article 1 of the First Protocol to the European Convention on Human Rights. A violation may be sanctioned by the European Court of Human Rights. Also the legislature intended that each holder of real rights may have one or more safeguards to protect against crimes and misdemeanors against the property. (Art. 29 CCP source SIGP31). Limits of ownership Absolute right? From the French Revolution to the middle of the twentieth century, ownership of land was an absolute right. The interest of the owner had priority over social interest. The bases are in law and legal practice. Its restrictions are either legislative or jurisprudential. (Ex: 682 ... art.671)

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Total and exclusive right? The owner is in principle the sole person who can exercise the right of ownership of something. There are, however, times when this can be challenged. For example, there can also be easements as rights of way through a property. There are legal limits of ownership in the face of the common interest. For example, the law may impose restrictions through planning, environmental law, rent control, etc. Among other conventional limits, co-owners can agree on limits to their respective rights. There can also be limits with respect to neighborly relations, for example, owners may not be permitted to deliberately turn their property into a source of annoyance, danger or inconvenience to neighbors. Other limits on ownership can exist in the case of intellectual property and other creations of authors, artists, etc. . Finally, there are definite procedures when the State may want to expropriate or nationalize certain property rights for public utilities and other collective uses. These procedures are carried out by duly authorized public authorities or a private organization charged with a public duty. Dismemberments of ownership The right to property is classically defined as comprising three basic attributes, civil law, namely: * The usus, right to use property, enjoy without turning * The fructus right to dispose of fruits (crops, income, dividends ...) this property * The abusus, turn right to the property, to part (dispose of) or destroy it. The first two subdivisions, when not accompanied by third are usufruct, real right that gives the holder the right to use and collect income and property belonging to another person. This right is precarious because it ends with the death of the usufructuary. The abusus unaccompanied of usus and fructus is also called "bare ownership". Chinese law Chinese law, or the law applied in China, differs from European rights and religious rights. It distrusts laws and courts, regarding them as imperfect ways to resolve differences and conflicts. Instead, it believes that mediation and consensus better achieves harmony between humans. Positive law, however, always existed in China, and there have been important developments in this since the 1980s and the reforms of Deng Xiaoping. Historical- From the times of the Royal Wars, Chinese law has been marked by opposition between Confucian and legalist points of view. Confucianism viewed society as a "cellular" organization, similar to a family, where the rule of the leader was absolute. Thus, scrupulous respect for rituals rather than written law ensures social cohesion. Legalists, however, preferred a government based on written rules, e.g. the Book of the Law by Li Kui in the fourth century B.C. The real importance of the legalist school through history, as against Confucianism, is still debated by Chinese scholars. The Tang Code was exclusively a criminal code; it wa written at the beginning of the Tang Dynasty in the seventh century. It has influenced that part of Chinese law up to now, and has been imitated by Japan and Korea. Sources of Chinese law- The Chinese Constitution enshrine the principle of hierarchal norms in the fashion of the West. The Constitution and international treaties are superior, as they do not derive from central and local government regulations. Further, doctrine and jurisprudence occupy secondary positions. . The Chinese government passed numerous laws since the 1980s, first to facilitate national economic development and relations with foreigners, then to aid government administration. However, the lack of true control over the application of the Constitution gives the Chinese hierarchy of laws a character that does not much resemble that of Europe.

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Judicial organization- China has a four-tiered judicial structure, as defined by law: - Municipal courts: courts of first instance in cases of minor importance (Basic Court). - Prefectural courts: courts of appeal for cases tried by local courts of first instance for the larger cases (Intermediate short). - Regional Courts of Appeal (High Court). - Supreme Court: whose decisions are binding on all lower courts (Supreme Court). However, court trials are perceived as stopgap; on the whole, courts are used when mediation fails. If parties accept, a judge can organize a mediation. Then a trial will only be held if mediation fails. Arbitration is also used in the world of economic relations. Concepts of Chinese law- Laws passed since the 1980s particularly concern commercial rights to provide legal security to foreign investors. Chinese law also enshrines private property, even though it was neither recognized by the ancient imperial system, nor by the communist regime. The right to private property is now enshrined in the Constitution since the reform of March 14, 2004. A law passed in March 2007 further protects private property as well as public property, except in the area of land belonging to the state. Private property- Private property is the right to property; it is a concept today in the common law. This is the property that belongs to an individual or several individuals, or a company. The range of property can include: a person's automobile, the stock shares of an investor, the land of a farmer, and land of the State when it is held in a form of ownership (e.g. a co-ownership or superficial ownership) that becomes private property under the terms of an agreement (e.g. a lease) between the owners and the State. Haitian law Art. 448 - Property is defined as the right to enjoy and dispose of things, in the most absolute manner, provided

this is not prohibited by laws or regulations Art. 449 - There should be no fear of being forced to sell one's property, except for public purposes, and then only

for a just and prior indemnity. Art. 450 - No one can own land in Haiti without being Haitian. Art.451 - The ownership of a chattel or property, entitles the owner to any product of that property and also what

comes of it incidentally, either naturally or artificially. This right is called the "right of accession." - - - Curriculum Vitae of Serge Fernandez Academic training - Diploma in Notarial Law DDN, University of Montreal. - DBA and MBA in Finance and International Management, Business Studies (HEC Montreal.) 4 courses

additional marketing. - MSC.Pol. University of Quebec at Montreal (UQAM): Public Administration option. Non-thesis submitted. - Degree in Law (LLL) University of Ottawa: option: Corporate - Post graduate studies: Certificate in Municipal Administration from the University of Puerto Rico. - Specialized training in banking. Professional Experiences Before becoming an expatriate consultant in Haiti, Mr. Fernandez served as a lawyer in Montreal for more than fifteen years and has been a professor at the college and university level. He has been repeatedly sought as counsel in corporate law and finance from 1976 to 1985. During his stay in Haiti, at the invitation of USAID, his services were retained as a technical consultant to various organizations working in both the public and private sectors, and to develop and conduct training for institutional managers in areas such as financial management,

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intermediate accounting, business law, fund accounting, financial accounting, administration and human resources, strategic planning.

Mr. Fernandez has conducted several studies and economic research for companies and has undertaken socio-economic surveys for organizations working in the health sector. In addition, he participated in governance programs at the request of PIRED and ARD / PACT to provide technical assistance and training to the local governance, and in twenty-seven communes in Haiti. Back in Montreal in 2003 he continued his studies in Notarial Law and practiced as a lawyer from 2005 to 2011. He returned to Haiti in 2011 to serve his country and is currently Chief of Staff of the Ministry of Haitians Living Abroad (MHAVE)

4. ”MANAGEMENT OF THE PRIVATE DOMAIN OF THE STATE: THE CASE OF THE COMMUNE OF AQUIN," DARID LAGUERRE, BAR ASSOCIATION OF AQUIN

Aquin is the second largest city in southern Haiti. Its name, "Yaquimo," is of Indian origin. Aquin encompasses approximately 619 km2 and contains ten communal sections: Masseillan, Bellevue, Brodequin, Flamands, Marre-à-Coiffe, La Colline, Fond-des-Blancs, Guirand, Franchipagne, Colline-à- Mangons,

The Government of Haiti owns hundreds of acres of land within Aquin; this "private domain of the State" is managed according to central government administrative law. Indeed, under such law, the State assigns management for lands in the town of Aquin to the mayor and its deputies and for lands in the outlying communal sections to members of the C.A.S.E.C. The land management is made in concert with the national General Directorate of Taxes [DGI], which holds the proof documents. The law makes clear that those who manage and safeguard government lands should be independent, not mixed with third party interests that could prejudice the rights and legitimate interests of the State. Land transactions with private citizens are limited to farming purposes, on an annual basis. This is based on the principle that "properties belonging to the Public Power [the State] are imprescriptible, inalienable and indivisible." Unfortunately, despite the prohibition, over the past ten years, downtown Aquin in particular and the surrounding areas in general have experienced unprecedented misdeed and mismanagement onto government lands: The previous mayor, Montélus Constant, granted use, sold to third parties and permitted construction on a large amount of State land. These include properties in the Carrefour Felix, Morne Quartier, Sources Jean Jacques and Lozandier, respectively in the first, third and fourth communal sections of Aquin. What is worse, the city's coastal zone was not spared. Fortunately now, a new commission of mayors has just been sworn in Aquin. This new mayors will be responsible for righting the wrongs and restoring Aquin to its previous condition. In doing this, this remedy can lay the foundation for a new cadastral system in the city and communal sections.

5. "SOME COMPONENTS OF MANAGEMENT IN LOUISIANA CADASTRE" PHILIPPE GUSTIN, DIRECTOR, INTERNATIONAL CENTER OF LAFAYETTE, AND

LOUIS CLARA, REGISTRAR AND ARCHIVIST, PARISH OF LAFAYETTE, LOUISIANA [adopted from slides] Right to private property • Internationally recognized since the 13th century • Important human right by the United Nations, Article 55 • Universal Declaration of Human Rights, the United Nations adopted in 1948: "Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property. " Situation in Haiti • Similarities between Louisiana and Haiti: Both derived from French civil codes of 1806 and 1825 • Differences: Louisiana's code has evolved over the years, but Haiti's code has not.

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Transfer solo consensus The Haitian model: • Transfer by mere consent between parties on the thing and the price. • Passes directly to heirs. • Title passes immediately to the purchaser, in whole. The French model • Title (ownership) may not be opposed by a third party until the transaction has been recorded. The American model: • Survey of new landsz: Customary beginning with the Louisiana Purchase made in the early 19th century • A land patent system was created to authenticate [approve] land titles Transfer of ownership • Requires notarization plus signatures of seller, buyer and two witnesses. • Third parties [e.g. opposers] cannot contest until the transfer is recorded at the courthouse. • An attorney or insurance agency may review documents and render opinions on ownership, supervise payment of funds, convey legal instruments, maps, surveys, etc. to the court. Recording system • Clerk of Court Receives all public records • The Registrar of the Court receives all official documents • Original papers are stamped and indexed • The documents are available at the Court and online • Certified copies available for purchase Example of a land record chronology - "chain of title" November 21, 1951 Recluse MISSIONARIES OF MARY JESUS Jane Whittington sells 93.37 acres to Sister Rita Marie Renaud for $ 16,672.00 (268702) December 4, 1952 Sister Rita says she bought the property for Order Recluse Missionaries of Jesus Mary (283071) November 27, 1967 Recluse MISSIONARIES OF MARY JESUS Order of Recluse Missionaries of Jesus to Mary sells Recluse Missionaries De Jesus-Marie for $ 10.00. Reverend Mother Mary of the Eucharist and Mother Mary Joseph sign. (517662) September 16, 1971 The Recluse Missionaries Of Jesus Mary share 3 acres with Reading Research Foundation and sell 9.5 acres for $ 60,000.00 (575447) February 27, 1974 The Recluse Missionaries Of Jesus Mary sell 83.005 acres Hub City Lumber Company for $ 425,000.00 (620745)

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April 25, 1975 Recluse Missionaries-Marie De Jesus clarifies its name in 517662 (642502) June 1, 1983 1st June 1983 Reading Research Foundation sells to Common Point Investment Group for $ 2,665,468.72 (83-19876) Conclusion • Lack of clarity in land ownership in Haiti is an obstacle to Haiti is an obstacle to bank loans, issuance of mortgages by bank, private sector investment. • It is essential to establish a cadastre that will speed up title registration procedures, including securities dispute resolution. Sources of information • Prof. Olivier Moréteau, Center of Civil Law Studies, Louisiana State University, Baton Rouge, Louisiana • Prof. Winston Riddick, Southern University Law Center, Baton Rouge, Louisiana • Louis Perret Clerk of Court, Lafayette Parish, Louisiana

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ANNOUNCING A TWO-DAY PRACTICAL CADASTRAL CONFERENCE Wednesday and Thursday, April 24 and 25, 2013

in Lafayette and Martinsville, Louisiana

Program

Presentations on the right to property, cadastral systems and civil society Field visits to demonstrate cadastral processes:

archives, process recording, indexing, certification of copies, etc. Seminars with judges and lawyers specializing in estate litigation

Seminars with attorneys in the Francophone section of the Louisiana Bar Association Seminars with the Clerk of Saint Martinville, Louisiana

for information: Aldy Castor, M.D., Haitian Resource Development Foundation <aldyc@att.net>

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6. "CADASTRE IN FRANCE," JEAN-LOUIS TESTUD, DEPUTY MAYOR, SURESNES, FRANCE

In France, the cadastre is an ancient institution, beginning with Napoleonic law on December 15, 1807. It was completed in 1850, but then the system and maps weren't regularly updated. Thus, they quickly lost their value. A general revision of the Napoleonic cadastre was that prescribed by law on April 16, 1930. It is now completed. I - Three key tasks are assigned to the cadastre Tax valuation of land and undeveloped to serve as a basis for calculating local taxes Land identification and description of properties, searching for their owners, Technical development and continuous updating of cadastral maps (following a consolidation process for example). II - The necessary concordance between land registration and cadastre

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Land registration (Livre Foncier) can only work if it is based on an exact cadastre (land measurement and ownership) and if we ensure a perfect match between the two. Accordingly, Livre Foncier is required to transmit to the Comptroller of the Cadastre a list of property transfers, on a montly basis. Conversely, the results of cadastral revisions are transmitted by the Comptroller to the land registration offices for the necessary corrections. The “Livre Foncier” and the Cadastre go hand-in-hand, the first giving the legal description of the land, the second the physical description. The Cadastre has an administrative purpose, primarily to be the basis for land taxation. III - The role of the cadastre The cadastre keeps track of any changes in the character of the properties registered, e.g. demolition, construction, nature, culture, etc., or their designation, e.g. subdivision, consolidation, etc. In the latter case, and only for properties inscribed in the registration records, the records in the Cadaste and in the Livre Foncier must coincide.

However, 1 / a ministerial response (JOAN 11 July 1994, page 3607), stated that all unregistered rural road in the Cadastre is presumed to belong to the municipality. However, this simple presumption may, pursuant to a judgment of 23 January 1991 the Court of Appeal of Colmar, be countered by evidence to the contrary: Even if revised, the Cadastre has indeed absolute no probative value. 2 / the registration of public utility easements, such as underground pipes, is not part of the realm of Livre Foncier or Cadastre of private property. To do so would overwhelm the system. {per ministerial response, 1 July 1991, JOAN 16 September 1991). IV - Accessibility of cadastral data and consulting Individuals may view and copy the recorded information held by the various property tax offices and town halls; these are repositories for that purpose. .Consultants can take notes or make sketches. They are not, however, allowed to make marks or corrections on records or to mark or corrections, or to add or remove anything from the records. Mayors are not permitted to issue to users any parts of land records; that is soly the responsibility of tax offices. Similarly, only those offices can issue certified copies from the land records and cadastre. However, under a decision of the Minister of Finance of May 6, 1828, the mayors are authorized to issue, under their own responsibility, certain cadastre excerpts. To ensure the confidentiality of information and to respect landowners wishes not to be solicited for political, commercial or other reasons unrelated to land ownership, offices can restrict the accessibility of land ownership records. In addition, the Commission for Access to Administrative Documents specified in a notice in 1990 concerning the Mayor of Vésinet, that reproduction of land registry and cadastre documents should black-out private information such as name, birth date, and address of owner and land taxes paid.

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V - The work of the cadastre and local rights The methodology of maintaining land registry and cadastral records at the local level is set out in provisions of the administrative local law of 31 March 1884. The law distinguishes two kinds of cadastral activities: the creation of a cadastre and the revision of a cadastre. A. Assembly of a cadastre This defines and covers the survey of all properties in the same commune where existing cadastral documents are of poor quality and that on-site verification of properties are difficult. In those cases, the assembly of a cadastre can be started by the relevant tax office, or upon request by the commune, or upon demand of the majority of landowners who together hold at least two-thirds of land in the commune. Where a cadastre has been previously renewed in a commune, it is for the local government to decide whether a new survey should be performed. The costs for this will come partly from the national treasury and partly from the commune. If updating is done on an automatic basis, the commune pays thirty percent of the costs. If updating is done by request, the commune pays half of the expenses. The costs of marking properties are borne by those whose properties are demarcated, usually the owners. Finally, note that contentions surrounding the updating of cadastre by localities are resolved by administrative courts. The judge, however, will hear cases, for example, of official abuse of power, but not about actual ownership of land. B - The cadastral revision A cadastre can be revised or updated. This is generally a limited activity, done by referring to existing documents, and often corrected without significant difficulty. A revision is started in the tax office. The local government takes charge of gathering new information and documents. The commune pays limited expenses towards the cost of the work. Landowners are indemnified for damages or losses that surveys may cause. - - - Biography of Jean-Louis Testud Jean-Louis Testud is currently Deputy Mayor of Suresnes, France. He has nineteen years of service between the Procurement Service of the Department of Education and the Office of the Cabinet of the Minister of Youth, Sports and Recreation. Then he had experience within the finance department of France; within two years, he was assigned to the headquarters for budget, communication and computing. At that time, he also became administrator of the "Comité Interprofessionnel du Logement de la Banlieue Ouest." Then he was unanimously chosen by his peers to become its president. As such, he led the merger with OCIL. At the request of Charles Pasqua, he rejoined the Société d’Aménagement des Hauts-de-Seine, which carried out many plans and innovations such as Pôle Universitaire Léonard de Vinci and MUSE (a network of urban express subways). [The French national government agency] DATAR [Délégation à l'Aménagement du Territoire et à l'Action Régionale] then asked him to work with them on a variety of industrial projects. In 1995, Mr. Franck Borotra, French Minister of Industry, appointed him the Deputy Chief of Staff. In 1997, he returned to the private sector, in the Ile-de-France office of EDF. Then he became an independent consultant, focusing on major real estate transactions, e.g. mergers and acquisitions. For the past two years, he has also served as advisor to the leaders of Louis Dreyfus Armateurs [a 150-year old ocean ferry and shipping company.] In 1983, he was elected for the first time in Suresnes City Council on the list of Monsieur Christian Dupuy. He worked on projects focusing on the Seine River such as the festival «La Mer à Suresnes» and helped more than twenty thousand children to develop their nautical skills during summer vacations. With Yves Jégo, he co-founded «La Seine en Partage» that brings together all the cities bordering the River Seine, from the Langres Platau to Le Havre. A result has been basin-wide management of resources and prevention of flood risks. In Suresnes, he

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launched the "Festival des Vendanges" that has become the best-known arts festival in the region of Ile de France. . From 1983, Jean Louis Testud has also worked to renew the vineyards of Ile de France. He began with one hectare in Suresnes. With the help of leading experts, the region has regained the wines made famous from the days of Henry IV. Today, the wine of Suresnes is the only in Ile de France that is authorized for sale. It is also Jean-Louis Testud who brought the talent and experience of Suresnes abroad to Haiti, especially to the city of Cap-Haitien where he has been leading efforts in heritage preservation, economic development and environmental protection. His work with the Institute of Geography and Urban Studies at the Sorbonne has been recognized and funded by the World Bank. He has since joined the Scientific Committee of the Institute. Jean-Louis Testud co-founded, with Italian politicians, the Local Democracy Agencies that work in the Balkan region to promote democracy and the European Union. He is also Vice-President of the international nongovernmental organization, Unies Cities France. He is one of four French officials appointed by the Association of Mayors of France to be a delegate to the Congress of Local and Regional Authorities of the Council of Europe. He participates as an observer of elections in emerging democracies, and has served on many committees to vigorously defend the values hat are dear to him. Jean-Louis Testud has been married since 1976, is the father of four and the grandfather of four.

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Program and Schedule - Practical Conference on Cadastral Methods for Haitian Lawyers

Wednesday - Thursday April 25-26, 2013, optional Friday - Sunday, April 27-29 in Lafayette, Louisiana

Chairman Coordinators Aldy Castor Christophe Pilut Michel Trujillo Philippe Gustin Louis Perret, Clerk and Archivist Jean-Louis Testud, Ville de Suresnes

Denis Desgagné, Centre de la Francophonie des Amériques, Québec

Wednesday, April 24

Arrival of participants at Lafayette Regional Airport or New Orleans International Airport Welcome by P. Gustin and C. Pilut, and settlement into hotel Small welcome reception

Comfort Suites Hotel

Thursday, April 25

Breakfast at the hotel.

8h30 Leave hotel for City of Lafayette, hosted by Mayor Durel 705 West University

9h15 Visit downtown Lafayette

10h 11h45

Arrive, International Center, Lafayette Seminars with Professors Olivier Moréteau and Winston Riddick of the Faculty of Law, Louisiana State University and the Southern University of Baton Rouge Theme: The Rights of Property Lunch at Pat's Restaurant, downtown Lafayette

735 Jefferson Street

13h-16h Lafayette Courthouse: Practical demonstrations of the land registry, the process of registration, indexing, certification of copies (delegates divided into small groups of 4-6) Meeting with judges and lawyers on the subject of contested ownerships

Lafayette Parish Court House

800 South Buchanan Street

16h30 Return to the hotel

17h30 Leave the hotel to attend the ceremony of International Achievement Award and the opening of the Festival of Louisiana

Iberian Bank, Scène Popeye’s, International Park

20h00 Dinner

10 p.m.: Return to the hotel

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Friday April 26

(by prior arrangement)

8h30 Leave hotel for St Martinville

9h15 Arrive at parish courthouse, town of St. Martin Meeting with Clert Mrs. Becky Patin.

St. Martin Parish Courthouse 415 St. Martin Street

12h Lunch at Clambeaugh's Restaurant with Mayor Thomas Nelson Clambeaugh's

111 N. Main Street, St. Martinville

13h Tour of the International Cultural Center of Maison Duchamp, guided by Danielle Fontenette, assistant to the Mayor

Maison Duchamp 201 S. Main Street, St. Martinville

13h30 Seminars: - Jean-Louis Testud, Assistant Mayor, Suresnes, France, Vice-Président of the organization Cités-Unies France, and member of the Commission of the European Council "French Expertise in Decentralization" Charles Larroque, President of Louisiane a la Carte: "Popular Culture and Community Development"

Maison Duchamp

14h30 Visit to the Acadian and African Museums

15h15 Leave for Lafayette

16h Session with the Francophone Section of the Louisiana Bar Federal Justice Building

800 Lafayette Street, 4th Floor

17h30 Reception, buffet

19h Free time for the Festival, or return to hotel Navettes à 20, 21 et 22h

Saturday April 27

(by prior arrangement)

8h30 Leave hotel for Martin Lake

8h30-10h30

Music on a bayou cruise

11h30-14h30 15-17h : 18h

Dinner and visit to Vermilionville, an historic Creole park in Lafayette Return to hotel or window-shopping at the Acadiana Mall Buffet at the International Center with representatives of the Haitian community

Vermilionville

International Center of Lafayette 735 Jefferson Street

Soirée Free time for the Festival with the Haitian community. Buses from the International Center to the hotel at 8, 9 and 10 p.m.

Sunday April 28

Leave hotel for Lafayette Regional Airport (LFT) airport