Haiti’s Port Sector: Private Operators’ Operating Rights Under Scrutiny

Since the beginning of its democratic transition, Haiti has missed one of the most important opportunities in the evolution of any society: the pursuit of economic growth and development. This failure of economic development can be attributed, at least in part, on the one hand to the weakening of institutions by political movements driven by a desire to subordinate them, and on the other to the absence of economic planning. The drive to subordinate institutions on the part of successive political movements has produced a mode of governance in which many actors systematically refuse to respect established democratic principles in order to advance their factional interests.

The absence of economic planning, meanwhile, has hampered the process of wealth creation, constrained private investment, and eroded the confidence of international economic stakeholders. There is little need to recall that virtually every economic indicator is in the red. In 2023, the economy contracted for the fifth consecutive year. The trend continued in 2024 and 2025, with estimated contractions of 4.2% and 2.7%, respectively. Furthermore, the growth outlook remains negative for the current year, 2026 (-1.7%). The need for recovery is pressing.

Any effort to revive the Haitian economy must depart from past practices that have failed the country. Foremost among the new imperatives are the clear identification of the sectors that, in the current international context, can serve as drivers of growth, and the establishment of an appropriate regulatory framework for them.

The processes of economic integration under way in several regions of the world, the upheavals reshaping economies — particularly in Asia — and, from an institutional standpoint, the gradual liberalization of international trade negotiated under the General Agreement on Tariffs and Trade (GATT) and subsequently the World Trade Organization (WTO), have produced an exponential expansion of global trade flows, of which ports are naturally the principal point of entry. Some 90% of the goods traded worldwide travel by sea. The Caribbean basin, thanks to the Panama Canal, now lies at the heart of the movement of goods within the modern world economy. Ports have thus become essential infrastructure within the dynamics of international trade. It is therefore no exaggeration to say that the port sector must be central to any effort to revitalize the Haitian economy.

This is true, first, because of the country’s geographical position, at the heart of the Caribbean and in close proximity to the main maritime routes connecting North America, Latin America, and Europe. Second, the potential growth of trade flows, the expansion of modern infrastructure, and the emergence of new industrial zones are creating rising demand for higher-performing ports. In addition, the development of ports specialized in tourism, industrial fishing, or regional trade will help diversify the country’s sources of revenue.

To become a genuine engine of growth, Haiti’s port sector must be anchored in a long-term vision combining infrastructure modernization, effective regulation, transparent governance, and the attraction of sustainable investment.

Private Operations on Public Property

The regulation and management of Haiti’s port domain falls exclusively to the National Port Authority (Autorité Portuaire Nationale, APN), an autonomous state body of a commercial and industrial nature, established by the decree of 11 July 1985. The Port Authority is responsible for putting in place all the procedures required to regulate the services needed by vessels, cargoes, passengers, and other port users falling under its jurisdiction.

As such, only the APN — and I emphasize, only the APN — is responsible for issuing operating rights and authorizations, collecting certain fees, and overseeing activities conducted within both public and private ports. In parallel, port regulation in Haiti is supported by other legal instruments, notably the decree of 22 September 1964, which addresses the conditions of use of the maritime public domain, safety standards, the obligations of operators, and the terms governing the concession or leasing of port facilities. Under this framework, port infrastructure generally remains the property of the State, even when its operation is entrusted to private operators.

A review of historical records has identified no fewer than a dozen operators in Haiti’s port sector. These include, among others, Cap Terminal in the North, Port Saint-Louis in the South, Terminal Abraham, Port Lafito, Caribbean Port Services (CPS) — the principal operator of the public complex of the Port-au-Prince international port — Terminal Thor, and Terminal Varreux. These private operators involve some of the country’s most significant economic groups.

Because port facilities generally belong to the State’s public domain, any occupation or commercial operation of port infrastructure must be supported by an administrative authorization, a concession, a lease, an affermage agreement, or any other legal instrument provided for by law. This requirement rests on a fundamental principle: the enjoyment of any public asset must be granted by the State in accordance with established legal procedures.

Given the significance of the revenues generated by port operating rights, and considering that the port sector constitutes a strategic economic space, legitimate questions must be raised:

In view of the imperative to revitalize the economy, economic actors — both within the State and within the private business community — must be made aware of the need to establish an adequate regulatory framework for business. Legal clarification of the sector will protect investments made in compliance with the authorizations granted and the regulatory obligations duly observed. Legal certainty remains essential to fostering a climate of trust and attracting domestic and foreign private capital. Forgery and the use of forged documents must be combated in all their forms. The granting of new operating rights, or the renewal of existing ones, must take place in accordance with the principles of transparency, competition, and legality.

The Risks of Property Rights Without Legal Foundations

Beyond the question of whether an operator possesses a document authorizing it to operate in the port sector, the question of the mechanisms by which the social, political, and legal recognition of its activities has come about remains important. Political practices by certain groups in power, geared toward granting advantages to their economic allies outside established norms, have created troubling precedents that have led to confusing the duration of certain situations with their legitimacy.

An economic activity may be carried out for many years without its legal basis ever having been truly established. In so doing, such a situation gives rise to what might be called the normalization of the fait accompli. This logic — or rather this practice — is problematic, because it substitutes practice for the legal norm, with observable reality taking the place of legality as the source of legitimacy. The absence of legal clarity weakens public authority itself, insofar as it appears unable to demonstrate the legal bases on which certain operating rights were granted or maintained.

Any legally uncertain operation of public assets gives rise to a phenomenon of informal privatization of public property. In any modern democracy, the privatization of a strategic asset is normally governed by precise procedures involving, among other elements, economic evaluation, legal authorization, competitive mechanisms, and public accountability. In keeping with the principle of accountability, it would be appropriate for private operators active in the Haitian port sector, in joint agreement with the regulatory authority — the APN — to formally establish the legal basis of their operating rights.

The operation of port infrastructure on the basis of forgeries, expired titles, incomplete documents, or legally contestable instruments sends a negative signal regarding the characteristics of Haiti’s business environment and creates a climate of uncertainty for prospective foreign investors. Access to public resources must be governed by universal rules, free from the constraints of personal relationships, networks of influence, or historical circumstances that are difficult to verify.

The Urgent Need for an Audit of Port Concessions and Authorizations

Faced with the multiple challenges surrounding the development and proper functioning of Haiti’s port sector, the carrying out of a legal, financial, and operational audit of the operating rights granted appears to be a necessity. The aim of such an audit would not be to weaken private operators, nor to call into question the role of the private sector in the development of national infrastructure, but rather to ensure that the operation of strategic public assets is conducted in accordance with legality, transparency, and the national interest.

Such an exercise would make it possible, in particular, to determine the precise legal situation of each operator, the conformity of contracts with applicable laws, the revenues actually collected by the State, the investments effectively made by concessionaires, and, where applicable, the irregularities requiring corrective measures.

Operating rights in Haiti’s port sector cannot be reduced to a mere matter of administrative management or economic profitability. Ports are strategic assets whose operation directly affects the country’s competitiveness, the costs of foreign trade, public revenues, and investment attractiveness. The absence of transparency in the granting or renewal of operating rights may give rise to competitive distortions capable of limiting the entry of new investors and depriving the State of substantial financial resources.

The future of Haiti’s port sector will depend less on the modernization of its infrastructure alone than on the capacity of public authorities to establish a governance regime grounded in legality, transparency, fair competition, and institutional accountability. Beyond the docks, the terminals, and the equipment, what is at stake in the question of port operating rights in Haiti is the relationship between the State, the rule of law, and the collective patrimony. Clarifying that relationship appears today not only as an economic requirement, but also as a democratic and republican one.

Benzico Pierre

Economist