The Haitian Independence Debt: A Case for Restitution

Abstract

In 1825, France demanded $150 million francs from Haiti as a prerequisite to France’s recognition of Haitian independence, and to compensate French colonists for lost revenue from slavery. The perversity of former slaves indemnifying their former slave owners has not escaped the scrutiny of the global justice community, and in recent years, even French President Francois Hollande, has acknowledged that France owes a “moral debt” to Haiti. However, unless France valuates morality at $21-$28 billion dollars, a moral debt will fall far short of the recompense France may be legally obligated to pay Haiti according to the customary international law of unjust enrichment. This paper explores whether the moral injustice of the Haitian independence debt rises to level of illegality. It offers a roadmap of a hypothetical legal claim by Haiti compelling French restitution on the grounds that Haiti’s indemnification unjustly enriched France, and explores the substance, mechanics, and impediments of bringing such a lawsuit.