Constitutionof theRepublic of Haiti
TITLE ITHE REPUBLIC OF
HAITIITS EMBLEM AND ITS
SYMBOLSCHAPTER ITHE REPUBLIC
OF
HAITIFIRST ARTICLE:chanroblesvirtuallawlibrary Haiti is an indivisible,
sovereign, independent, cooperatist, free, democratic and social
republic.
FIRST ARTICLE-1:chanroblesvirtuallawlibrary The city of Port-au-Prince
is the capital and the seat of government. This seat may be moved
elsewhere
for reasons of force majeure.
ARTICLE 2:chanroblesvirtuallawlibrary The national colors shall
be blue and red.
ARTICLE 3:chanroblesvirtuallawlibrary The emblem of the Haitian
Nation shall be a flag with the following description:chanroblesvirtuallawlibrary
a. Two (2) equal sized horizontal
bands: a blue one on top and a red one underneath;
b. The coat of arms of the
Republic are: a Palette surmounted by the liberty cap, and under the
palms
a trophy with the legend:chanroblesvirtuallawlibrary
In Union there is Strength
ARTICLE 4:chanroblesvirtuallawlibrary The national motto is:
Liberty;
Equality, Fraternity.
ARTICLE 4-1:chanroblesvirtuallawlibrary The national anthem shall
be the "Dessalinienne."
ARTICLE 5:chanroblesvirtuallawlibrary All Haitians are united
by common languages of the Republic.
ARTICLE 6:chanroblesvirtuallawlibrary The monetary unit shall
be the gourde, which is divided into centimes.
ARTICLE 7:chanroblesvirtuallawlibrary The cult of the
personality
is categorically forbidden. Effigies and names of living personages may
not appear on the currency, stamps, seals, public buildings, streets or
works of art.
ARTICLE 7-1:chanroblesvirtuallawlibrary Use of effigies of
deceased
persons must be approved by the Legislature.
CHAPTER II TERRITORY OF THE HAITIAN
REPUBLIC
ARTICLE 8: The territory
of the Haitian Republic comprises:chanroblesvirtuallawlibrary
a. The western part of the
island of Haiti and the adjacent island of la Geneva, La Tortue, I'Ile
à Vache, les Cayemittes, La Navase, La Grande Caye and the other
islands of the Territorial Sea;
It is bounded on the east
by the Dominican Republic, on the north by the Atlantic Ocean, on the
south
and west by the Caribbean Sea or Sea of the Antilles;
b. The territorial sea and
exclusive economic zone;
c. The air space over the
land, sea of the Republic.
ARTICLE 8-1:chanroblesvirtuallawlibrary The territory of the
Haitian
Republic is inviolable and may not be alienated either in whole or in
part
by any treaty or convention.
ARTICLE 9:chanroblesvirtuallawlibrary The territory of the
Republic
is divided and subdivided into Departments, Arrondissements, Comunes,
Quartiers
and Comunal actions.
ARTICLE 9-1:chanroblesvirtuallawlibrary The law determines the
number
and boundaries of these divisions and subdivisions, and regulates their
organization and operation.
TITLE IIHAITIAN NATIONALITY
ARTICLE 10:chanroblesvirtuallawlibrary The regulations governing
Haitian nationality shall be determined by law.
ARTICLE 11:chanroblesvirtuallawlibrary Any person born of a
Haitian
father or Haitian mother who are themselves native-born Haitians and
have
never renounced their nationality possesses Haitian nationality at the
time of birth.
ARTICLE 12:chanroblesvirtuallawlibrary Haitian nationality may
be adquired by naturalization.
ARTICLE 12-1:chanroblesvirtuallawlibrary After five years of
continuous
residence in the territory of the Republic, any foreigner may obtain
Haitian
nationality by naturalization, in conformity with the regulations
established
by law.
ARTICLE 12-2:chanroblesvirtuallawlibrary Haitians by naturalization
shall be allowed to exercise the right to vote but they must wait
five(5)
years after the date of their naturalization to be eligible to hold
public
posts other than those reserved by the Constitution and by law for
native-born
Haitians.
ARTICLE 13:chanroblesvirtuallawlibrary Haitian nationality is
lost
by:chanroblesvirtuallawlibrary
a. Naturalization in a foreign
country;
b. Holding a political post
in the service of a foreign government;
c. Continuous residence abroad
of a naturalized Haitian without duly granted authorization by a
competent
official. Anyone who loses his nationality in this manner may not
reacquire
it.
ARTICLE 14:chanroblesvirtuallawlibrary A naturalized Haitian may
recover his Haitian nationality by meeting all of the conditions and
formalities
imposed on aliens by the law.
ARTICLE 15:chanroblesvirtuallawlibrary Dual Haitian and foreign
nationality is in no case permitted.
TITLE IIIBASIC RIGHTS AND
DUTIES
OF THE CITIZENCHAPTER ITHE NATURE OF
CITIZENSHIP
ARTICLE 16:chanroblesvirtuallawlibrary Citizenship entails both
civil and political rights.
ARTICLE 16-1:chanroblesvirtuallawlibrary The enjoyment, exercise,
suspension and loss of these rights are regulated by law.
ARTICLE 16-2:chanroblesvirtuallawlibrary The age of majority is
eighteen
(18) years.
ARTICLE 17:chanroblesvirtuallawlibrary All Haitians, regardless
of sex or marital status, who have attained twenty-one years of age may
exercise their political and civil rights if they meet the other
conditions
prescribed by the Constitution and by law.
ARTICLE 18:chanroblesvirtuallawlibrary Haitians shall be equal
before the law, subject to the special advantages conferred on
native-born
Haitians who have never renounced their nationality.
CHAPTER IIBASIC RIGHTSSECTION ARIGHT TO LIFE AND
HEALTH
ARTICLE 19:chanroblesvirtuallawlibrary The State has the absolute
obligation to guarantee the right to life, health, and respect of the
human
person for all citizens without distinction, in conformity with the
Universal
Declaration of the Rights of Man.
ARTICLE 20:chanroblesvirtuallawlibrary The death penalty is
abolished
in all cases.
ARTICLE 21:chanroblesvirtuallawlibrary The crime of high treason
consists in bearing arms in a foreign army against the Republic,
serving
a foreign nation in a conflict with the Republic, in any official's
stealing
state property, entrusted to his management, or any violation of the
Constitution
by those responsible for enforcing it.
ARTICLE 21-1:chanroblesvirtuallawlibrary The crime of high treason
is punishable by forced labor for life without commutation of sentence.
ARTICLE 22:chanroblesvirtuallawlibrary The State recognizes the
right of every citizen to decent housing, education, food and social
security.
ARTICLE 23:chanroblesvirtuallawlibrary The State has the
obligation
to ensure for all citizens in all territorial divisions appropriate
means
to ensure protection, maintenance and restoration of their health by
establishing
hospitals, health centers and dispensaries.
SECTION BINDIVIDUAL LIBERTY
ARTICLE 24:chanroblesvirtuallawlibrary Individual liberty is
guaranteed
and protected by the State.
ARTICLE 24-1:chanroblesvirtuallawlibrary No one may be prosecuted,
arrested or detained except in the cases determined by law and in the
manner
it prescribes.
ARTICLE 24-2:chanroblesvirtuallawlibrary Except where the
perpetrator
of a crime is caught in the act, no one may be arrested or detained
other
than by written order of a legally competent official.
ARTICLE 24-3:chanroblesvirtuallawlibrary For such an order to be
carried out, the following requirements must be met:chanroblesvirtuallawlibrary
a. It must formally state
the reason in creole and in French for the arrest or detention and the
provision of the law that provides for punishment of the act charged.
b. Legal notice must be given
and a copy of the order must be left with the accused at the time of
its
execution;
c. The accused must be notified
of his right to be assisted by counsel at all phases of the
investigation
of the case up to the final judgment;
d. Except where the perpetrator
of a crime is caught in the act, no arrest by warrant and no search may
take place between six (6) p.m. and six (6) a.m.
e. Responsibility for an
offense is personal, and no one may be arrested in the place of another.
ARTICLE 25:chanroblesvirtuallawlibrary Any unnecessary force or
restraint in the apprehension of a person or in keeping him under
arrest,
or any psychological pressure or physical brutality, especially during
interrogation, is forbidden.
ARTICLE 25-1:chanroblesvirtuallawlibrary No one may be interrogated
without his attorney or a witness of his choice being present.
ARTICLE 26:chanroblesvirtuallawlibrary No one may be kept under
arrest more than forty-eight (48) hours unless he has appeared before a
judge asked to rule on the legality of the arrest and the judge has
confirmed
the arrest by a well-founded decision;
ARTICLE 26-1:chanroblesvirtuallawlibrary In the case of a petty
violation,
the accused shall be referred to a justice of the peace, who shall then
hand down a final decision.
In the case for more serious
offenses or crimes, an appeal may be filed, without prior permission,
simply
by addressing a petition to the presiding judge of the competent civil
court, who, on the basis of the oral statement of the prosecutor, shall
rule on the legality of the arrest and detention, in a special session
of the court, without postponement or rotation of judges, all other
cases
being suspended.
ARTICLE 26-2:chanroblesvirtuallawlibrary If the arrest is judged
to be illegal, the judge shall order the immediate release of the
arrested
person and that order shall be enforceable immediately, regardless of
any
appeal to a higher court or the supreme court for an order forbidding
enforcement
of the judgment.
ARTICLE 27:chanroblesvirtuallawlibrary Any violation of the
provisions
on individual liberty are arbitrary acts. Injured parties may, without
prior authorization, appeal to the competent courts, to bring suit
against
the authors and perpetrators of these arbitrary acts, regardless of
their
rank or the body to which they belong.
ARTICLE 27-1:chanroblesvirtuallawlibrary Government officials and
employees are directly liable under civil and administrative criminal
law
for acts carried out in violation of rights. In such cases, civil
liability
extends to the State as well.
SECTION CFREEDOM OF
EXPRESSION
ARTICLE 28:chanroblesvirtuallawlibrary Every Haitian has the
right
to express his opinions freely on any matter by any means he chooses.
ARTICLE 28-1:chanroblesvirtuallawlibrary Journalists shall freely
exercise their profession within the framework of the law. Such
exercise
may not be subject to any authorization or censorship, except in the
case
of war.
ARTICLE 28-2:chanroblesvirtuallawlibrary Journalists may not be
compelled
to reveal their sources. However, it is their duty to verify the
authenticity
and accuracy of information. It is also this obligation to respect the
ethics of their profession.
ARTICLE 28-3:chanroblesvirtuallawlibrary All offenses involving the
press and abuses of the right of expression come under the code of
criminal
law.
ARTICLE 29:chanroblesvirtuallawlibrary The right of petition is
recognized. It is exercised personally by one or more citizens but
never
in the name of a body.
ARTICLE 29-1:chanroblesvirtuallawlibrary All petitions to the
Legislative
Branch must give rise to the regulatory procedure for ruling upon their
purpose.
SECTION DFREEDOM OF
CONSCIENCE
ARTICLE 30:chanroblesvirtuallawlibrary All religions and faiths
shall be freely exercised. Everyone is entitled to profess his religion
and practice his faith, provided the exercise of that right does not
disturb
law and order.
ARTICLE 30-1:chanroblesvirtuallawlibrary No one may be compelled
to belong to a religious organization or to follow a religious teaching
contrary to his convictions.
ARTICLE 30-2:chanroblesvirtuallawlibrary The law establishes the
conditions for recognition and practice of religions and faiths.
SECTION EFREEDOM OF
ASSEMBLY
AND ASSOCIATION
ARTICLE 31:chanroblesvirtuallawlibrary Freedom of unarmed
assembly
and association for political, economic, social, cultural or any other
peaceful purposes is guaranteed.
ARTICLE 31-1:chanroblesvirtuallawlibrary Political parties and
groups
shall compete with each other in the exercise of suffrage. They may be
established and may carry out their activities freely. They must
respect
the principles of national and democratic sovereignty. The law
determines
the conditions for their recognition and operation, and the advantages
and privileges reserved to them.
ARTICLE 31-2:chanroblesvirtuallawlibrary The police authorities
must
be notified in advance of assemblies outdoors in public places.
ARTICLE 31-3:chanroblesvirtuallawlibrary No one may be compelled
to join any association of any kind.
SECTION FEDUCATION AND
TEACHING
ARTICLE 32:chanroblesvirtuallawlibrary The State guarantees the
right to education. It sees to the physical, intellectual, moral,
professional,
social and civic training of the population.
ARTICLE 32-1:chanroblesvirtuallawlibrary Education is the
responsibility
of the State and its territorial divisions. They must make schooling
available
to all, free of charge, and ensure that public and private sector
teachers
are properly trained.
ARTICLE 32-2:chanroblesvirtuallawlibrary The first responsibility
of the State and its territorial divisions is education of the masses,
which is the only way the country can be developed. The State shall
encourage
and facilitate private enterprise in this field.
ARTICLE 32-3:chanroblesvirtuallawlibrary Primary schooling is
compulsory
under penalties to be prescribed by law. Classroom facilities and
teaching
materials shall be provided by the State to elementary school students
free of charge.
ARTICLE 32-4:chanroblesvirtuallawlibrary Agricultural, vocational,
cooperative and technical training is a fundamental responsibility of
the
State and its communes.
ARTICLE 32-5:chanroblesvirtuallawlibrary Preschool and maternal
training,
as well as nonformal education are encouraged.
ARTICLE 32-6:chanroblesvirtuallawlibrary Higher education shall be
open to all, on an equal bases, according to merit only.
ARTICLE 32-7:chanroblesvirtuallawlibrary The State shall see to it
that each territorial division, Communal Section, Commune or Department
shall have the essential educational establishments adapted to the
needs
of their development, without however prejudicing the priorities
assigned
to agricultural, vocational, cooperative and technical training, which
must be widely disseminated.
ARTICLE 32-8:chanroblesvirtuallawlibrary The State guarantees that
the handicapped and the gifted shall have the means to ensure their
autonomy,
education and independence.
ARTICLE 32-9:chanroblesvirtuallawlibrary The State and its
territorial
divisions have the duty to make all necessary provisions to intensify
the
literacy campaign for the masses. they encourage all private
initiatives
to that end.
ARTICLE 32-10:chanroblesvirtuallawlibrary Teachers are entitled to
a fair salary.
ARTICLE 33:chanroblesvirtuallawlibrary There shall be freedom of
education at all levels. This freedom shall be exercised under the
control
of the State.
ARTICLE 34:chanroblesvirtuallawlibrary Except where perpetrators
of crimes are caught in the act, the premises of educational
establishments
are inviolable. No police forces may enter them except with the
permission
of the supervisors of those establishments.
ARTICLE 34-1:chanroblesvirtuallawlibrary This provision does not
apply when an educational establishment is used for the purposes.
SECTION GFREEDOM TO WORK
ARTICLE 35:chanroblesvirtuallawlibrary Freedom to work is
guaranteed.
every citizen has the obligation to engage in work of his choice to
meet
his own and his family's needs, and to cooperate with the State in the
establishment of a social security system.
ARTICLE 35-1:chanroblesvirtuallawlibrary Every employee of a
private
or public institution is entitled to a fair wage, to rest, to a paid
annual
vacation and to a bonus.
ARTICLE 35-2:chanroblesvirtuallawlibrary The State guarantees
workers
equal working conditions and wages regardless of their sec, beliefs,
opinions
and marital status.
ARTICLE 35-3:chanroblesvirtuallawlibrary Trade union freedom is
guaranteed.
any worker in the public or private sector may join a union
representing
his particular occupation solely to protect his work interests.
ARTICLE 35-4:chanroblesvirtuallawlibrary Unions are essentially
nonpolitical,
nonprofit, and nondenominational. No one may be forced to join a union.
ARTICLE 35-5:chanroblesvirtuallawlibrary The right to strike is
recognized
under the limits set by law.
ARTICLE 35-6:chanroblesvirtuallawlibrary The minimum age for
gainful
employment is set by law. Special laws govern the work of minors and
servants.
SECTION HPROPERTY
ARTICLE 36:chanroblesvirtuallawlibrary Private property is
recognized
and guaranteed. The law specifies the manner of acquiring and enjoying
it, and the limits spliced upon it.
ARTICLE 36-1:chanroblesvirtuallawlibrary Expropriation for a public
purpose may be effected only by payment or deposit ordered by a court
in
favor of the person entitled thereto, of fair compensation established
in advance by an expert evaluation.
If the initial project is
abandoned, the expropriation is canceled. The property may not be
subject
to any speculation and must be restored to its original owner without
any
reimbursement for the small holder. the expropriation measure is
effective
upon the startup of the project.
ARTICLE 36-2:chanroblesvirtuallawlibrary Nationalization and
confiscation
of goods, property and buildings for political reasons are forbidden.
No one may be deprived of
his legitimate right of ownership other than by a final judgment by a
court
of ordinary law, except under an agrarian reform.
ARTICLE 36-3:chanroblesvirtuallawlibrary Ownership also entails
obligations.
Uses of property cannot be contrary to the general interest.
ARTICLE 36-4:chanroblesvirtuallawlibrary Landowners must cultivate,
work, and protect their land, particularly against erosion. the penalty
for failure to fulfill this obligation shall be prescribed by law.
ARTICLE 36-5:chanroblesvirtuallawlibrary The right to own property
does not extend to the coasts, springs, rivers, water courses, mines
and
quarries. They are part of the State's public domain.
ARTICLE 36-6:chanroblesvirtuallawlibrary The law shall establish
regulations governing freedom to prospect for and work mines, or
bearing
earths, and quarries, ensuring an equal share of the profits of such
exloitation
to the owner of the land and to the Haitian State or its
concessionnaires.
ARTICLE 37:chanroblesvirtuallawlibrary The law shall set
conditions
for land division and aggregation in terms of a territorial management
plan and the well-being of the communities concerned, within the
framework
of agrarian reform.
ARTICLE 38:chanroblesvirtuallawlibrary Scientific, literary and
artistic property is protected by law.
ARTICLE 39:chanroblesvirtuallawlibrary The inhabitants of the
Communal
Sections have the right of preemption for the exploitation of the
State's
land in the private domain located in their locality.
SECTION IRIGHT TO
INFORMATION
ARTICLE 40:chanroblesvirtuallawlibrary The State has the
obligation
to publicize in the oral, written and televised press in the Creole and
French languages all laws, orders, decrees, international agreements,
treaties,
and conventions on everything affecting the national life, except for
information
concerning national security.
SECTION JRIGHT TO SECURITY
ARTICLE 41:chanroblesvirtuallawlibrary No person of Haitian
nationality
may be deported or forced to leave the national territory for any
reason.
No one may be deprived for political reasons of his legal capacity and
his nationality.
ARTICLE 41-1:chanroblesvirtuallawlibrary No Haitian needs a visa
to leave or return to the country.
ARTICLE 42:chanroblesvirtuallawlibrary No citizen, whether
civilian
or military, may be denied access to the courts open to him under the
Constitution
and the laws.
ARTICLE 42-1:chanroblesvirtuallawlibrary Military personnel accused
of the crime of high treason against the country shall be tried in a
court
of ordinary law.
ARTICLE 42-2:chanroblesvirtuallawlibrary Military courts have
jurisdiction
only:chanroblesvirtuallawlibrary
a. In the case of violation
by military personnel of regulations in the Manual of Military Justice;
b. In the case of conflicts
between members of the armed forces;
c. In the case of war.
ARTICLE 42-3:chanroblesvirtuallawlibrary Cases of conflicts between
civilians and military personnel, abuses, violence and crimes
perpetrated
against a civilian by a member of the military in the performance of
his
duties are under the jurisdiction of courts for ordinary law.
ARTICLE 43:chanroblesvirtuallawlibrary No house search or seizure
of papers may take place except under the terms of the law and in the
manner
prescribed by it.
ARTICLE 44:chanroblesvirtuallawlibrary Persons detained
temporarily
awaiting trial must be held separately from those who are serving
sentence.
ARTICLE 44-1:chanroblesvirtuallawlibrary Prisons must be operated
in accordance with standards reflecting respect for human dignity
according
to the law on this subject.
ARTICLE 45:chanroblesvirtuallawlibrary No penalty may be
established
except by law nor applied except in cases that the law determines.
ARTICLE 46:chanroblesvirtuallawlibrary No one may be compelled
in cases of crimes, minor offenses, or petty violations to bear witness
against himself or his relatives up to the fourth degree of
consanguinity
or the second degree of affinity.
ARTICLE 47:chanroblesvirtuallawlibrary No one may be compelled
to take an oath except in the cases and in the manner provided for by
law.
ARTICLE 48:chanroblesvirtuallawlibrary The State shall see to it
that a Civil Pension Retirement Fund is established in the public and
private
sectors. The fund shall receive contributions from employers and
employees,
in accordance with the criteria and in the manner established by law.
The
granting of a pension is a right and not a privilege.
ARTICLE 49:chanroblesvirtuallawlibrary Freedom and privacy of
correspondence
and any other forms of communication are inviolable. They may be
limited
only by a well-founded judicial ruling, according to the guarantees by
law.
ARTICLE 50:chanroblesvirtuallawlibrary Under the Constitution and
the law, a jury is established in criminal cases for violent crimes and
political offenses.
ARTICLE 51:chanroblesvirtuallawlibrary The law may not be made
retroactive except in criminal cases when it favors the accused.
CHAPTER IIIDUTIES OF THE
CITIZEN
ARTICLE 52:chanroblesvirtuallawlibrary Citizenship entails civic
duties. Every right is counterbalanced by a corresponding duty.
ARTICLE 52-1:chanroblesvirtuallawlibrary Civic duties are the
citizen's
moral, political, social and economic obligations as a whole to the
State
and the country. These obligations are:chanroblesvirtuallawlibrary
a. To respect the Constitution
and the national emblem;
b. To respect the laws;
c. To vote in elections without
constraint;
d. To pay his taxes;
e. To serve on a jury;
f. To defend the country
in the event of war;
g. To educate and improve
himself;
h. To respect and protect
the environment;
i. To respect scrupulously
the revenues and properties of the State;
j. To respect the property
of others;
k. To work to maintain
peace;
l. To provide assistance
to persons in danger;
m. To respect the rights
and freedom of others.
ARTICLE 52-2:chanroblesvirtuallawlibrary Failure to abide by these
provisions shall be punishable by law.
ARTICLE 52-3:chanroblesvirtuallawlibrary Compulsory civic service
for both sexes is established. The terms thereof shall be set by law.
TITLE IVALIENS
ARTICLE 53:chanroblesvirtuallawlibrary The conditions under which
aliens may be admitted to or remain in the country are established by
law.
ARTICLE 54:chanroblesvirtuallawlibrary Aliens in the territory
of the Republic shall enjoy the same protection accorded to Haitians,
under
the law.
ARTICLE 54-1:chanroblesvirtuallawlibrary Aliens enjoy civil,
economic
and social rights subject to legal provisions on the right to own real
property, the practice of a profession, engaging in wholesale trade,
serving
as a commercial representative, and engaging in import and export
operations.
ARTICLE 55:chanroblesvirtuallawlibrary The right to own real
property
is accorded to aliens resident in Haiti for the needs of their sojourn
in the country.
ARTICLE 55-1:chanroblesvirtuallawlibrary However, aliens residing
in Haiti may not own more than one dwelling in the name Arrondissement.
They may in no case engage int he business of renting real estate.
However,
foreign companies engaged in real estate promotion shall receive the
benefits
of a special status regulated by law.
ARTICLE 55-2:chanroblesvirtuallawlibrary The right to own real
property
shall be accorded also to aliens residing in Haiti and to foreign
companies
for the needs of their agricultural, commercial, industrial, religious,
humanitian or educational enterprises, within the limits and under the
conditions prescribed by law.
ARTICLE 55-3:chanroblesvirtuallawlibrary No alien may be the owner
of a building bounded by the Haitian land order.
ARTICLE 55-4:chanroblesvirtuallawlibrary The right terminates five
(5) years after an alien ceases to reside in the country or the
operation
of these companies have terminated, pursuant to the law establishing
regulations
to be followed for the transmission and liquidation of property owned
by
aliens.
ARTICLE 55-5:chanroblesvirtuallawlibrary Violators of the above
provisions
and their accomplices shall be punished as provided for in the law.
ARTICLE 56:chanroblesvirtuallawlibrary An alien may be expelled
from the territory of the Republic if he becomes involved in the
political
life of the country, or in cases determined by law.
ARTICLE 57:chanroblesvirtuallawlibrary The right to asylum for
political refugees is recognized.
TITLE VNATIONAL
SOVEREIGNTY
ARTICLE 58:chanroblesvirtuallawlibrary National sovereignty is
vested in all citizens.
Citizens directly exercise
the prerogatives of sovereignty by:chanroblesvirtuallawlibrary
a. Electing the President
of the Republic;
b. Electing members of the
Legislature;
c. Electing members of all
other bodies or all assemblies provided for by the Constitution and by
law.
ARTICLE 59:chanroblesvirtuallawlibrary Citizens delegate the
exercise
of national sovereignty to three (3) branches of government:chanroblesvirtuallawlibrary
1. The Legislative Branch;
2. The Executive Branch;
3. The Judicial Branch.
The principle of separation
of the Three (3) branches is embodied in the Constitution.
ARTICLE 59-1:chanroblesvirtuallawlibrary The Three (3) branches
constitute
the essential foundation of the organization of the State, which is
civil.
ARTICLE 60:chanroblesvirtuallawlibrary Each branch is independent
of the other two (2) in the powers it exercises separately.
ARTICLE 60-1:chanroblesvirtuallawlibrary None of them may, for any
reason, delegate their powers in all or in part, nor go beyond the
bounds
set for them by the Constitution and by law.
ARTICLE 60-2:chanroblesvirtuallawlibrary Each of the Three (3)
branches
is entirely responsible for its own acts.
CHAPTER ITERRITORIAL
DIVISIONS
AND DECENTRALIZATION
ARTICLE 61:chanroblesvirtuallawlibrary The territorial divisions
are the Communal Sections, the Communes and the Departments.
ARTICLE 61-1:chanroblesvirtuallawlibrary The law may create any
other
territorial division.
SECTION ACOMMUNAL SECTIONS
ARTICLE 62:chanroblesvirtuallawlibrary The Communal Section is
the smallest administrative territorial entity of the Republic.
ARTICLE 63:chanroblesvirtuallawlibrary Each Communal Section is
administered by a council of three (3) members elected by universal
suffrage
for four (4) years. They may be re-elected an indefinite number of
times.
Their mode of organization
and operation is regulated by law.
ARTICLE 63-1:chanroblesvirtuallawlibrary The Administrative Council
of the Communal Section is assisted in its work by an Assembly of the
Communal
Section.
ARTICLE 64:chanroblesvirtuallawlibrary The state is obligated to
establish for each communal section the structures required for social,
economic, civic and cultural training of its population.
ARTICLE 65:chanroblesvirtuallawlibrary Members of the
Administrative
Council of the Communal Section must:chanroblesvirtuallawlibrary
a. Be Haitians and be at
least twenty-five (25) years of age;
b. Have resided in the Communal
Section for two (2) years before the elections and continue to reside
there:chanroblesvirtuallawlibrary
c. Enjoy civil and political
rights and never been sentenced to death, personal restraint or penal
servitude
or the loss of civil rights.
SECTION BCOMMUNES
ARTICLE 66:chanroblesvirtuallawlibrary Communes have
administrative
and financial autonomy. Each Commune of the Republic is administered by
a Council, known as the Municipal Council, of three (3) members elected
by universal suffrage.
ARTICLE 66-1:chanroblesvirtuallawlibrary The President of the
council
bears the title of Mayor. He is assisted by Deputy Mayors.
ARTICLE 67:chanroblesvirtuallawlibrary The Municipal Council is
assisted in its work by a Municipal Assembly composed, among others, of
a representative of each of its Communal Sections.
ARTICLE 68:chanroblesvirtuallawlibrary The Municipal term is four
(4) years, and its members may be re-elected for an indefinite number
of
terms.
ARTICLE 69:chanroblesvirtuallawlibrary The mode of organization
and operation of the Commune and the Municipal Council are regulated by
law.
ARTICLE 70:chanroblesvirtuallawlibrary Members of a Municipal
Council
must:chanroblesvirtuallawlibrary
a. Be Haitians;
b. Have attained twenty-five
(25) years of age;
c. Enjoy civil and political
rights;
d. Have never been sentenced
to death, personal restraint or penal servitude or the loss of civil
rights;
e. Have resided at least
three (3) years in the Commune and undertake to reside there for the
duration
of their terms.
ARTICLE 71:chanroblesvirtuallawlibrary Each Municipal Council is
assisted at its request by a Technical Council furnished by the Central
Government.
ARTICLE 72:chanroblesvirtuallawlibrary The Municipal Council may
be dissolved for negligence, embezzlement, or maladministration,
legally
determined by a court of competent jurisdiction.
If it is dissolved, the Departmental
Council shall immediately fill the vacancy and call upon the Permanent
Electoral Council to elect, in sixty (60) days starting from the date
the
Council is dissolved, a new Council and shall manage the affairs of the
Commune for the remainder of the term. This procedure also applies to
vacancies
occurring for any other reason.
ARTICLE 73:chanroblesvirtuallawlibrary The Municipal Council
manages
its resources for the exclusive benefit of the Municipality and renders
its accounts to the Municipal Assembly which in turn reports to the
Departmental
Council.
ARTICLE 74:chanroblesvirtuallawlibrary The Municipal Council has
priority in management of the State's real property in the private
domain
located within the limits of its Commune. They may not be subject to
any
transaction without the prior consent of the Municipal Assembly.
SECTION CARRONDISSEMENTS
ARTICLE 75:chanroblesvirtuallawlibrary The Arrondissement is an
administrative division that may comprise several Communes. Its
organization
and operations are governed by law.
SECTION DDEPARTMENTS
ARTICLE 76:chanroblesvirtuallawlibrary The Department is the
largest
territorial division. It comprises the Arrondissements.
ARTICLE 77:chanroblesvirtuallawlibrary The Department has legal
personality and is autonomous.
ARTICLE 78:chanroblesvirtuallawlibrary Each Department is
administered
by a Council of three (3) members elected for four (4) years by the
Departmental
Assembly.
ARTICLE 79:chanroblesvirtuallawlibrary Members of the
Departmental
Council are not necessarily drawn from the Assembly, but they must:chanroblesvirtuallawlibrary
a. Be Haitians and at least
twenty-five (25) years of age;
b. Have resided in the Department
three (3) years before the elections and undertake to remain there
during
their term;
c. Enjoy civil and political
rights and have newer been sentenced to death, personal restraint, or
penal
servitude or the loss of civil rights.
ARTICLE 80:chanroblesvirtuallawlibrary The departmental Council
is assisted in its work by a Departmental Assembly made up of:chanroblesvirtuallawlibrary
One (1) representative form
each Municipal Assembly.
ARTICLE 80-1:chanroblesvirtuallawlibrary The following may attend
Assembly meetings in an advisory capacity:chanroblesvirtuallawlibrary
a. Deputies and Senators
of the Department;
b. One (1) representative
of each socie-professional association or union;
c. The Departmental Delegate;
d. The Director of Public
Services of the Department.
ARTICLE 81:chanroblesvirtuallawlibrary The Departmental Council
draws up the Department's development plan in cooperation with the
Central
Government.
ARTICLE 82:chanroblesvirtuallawlibrary The organization and
operations
of the Departmental Council and the Departmental Assembly are regulated
by law.
ARTICLE 83:chanroblesvirtuallawlibrary The Departmental Council
manages its financial resources for the exclusive benefit of the
Department
and renders its accounts to the Departmental Assembly, which in turn
reports
to the Central Government.
ARTICLE 84:chanroblesvirtuallawlibrary The Departmental Council
may be dissolved in the event of embezzlement or maladministration
legally
determined by a court of competent jurisdiction.
If it is dissolved, the Central
Government appoints a Provisional Commission and calls upon the
Permanent
Electoral Council to elect a new Council for the remainder of the term
within sixty (60) days of the dissolution.
SECTION EDELEGATES AND VICE
DELEGATES
ARTICLE 85:chanroblesvirtuallawlibrary In each Departmental
Capital,
the Executive Branch appoints a Representative, who bears the title of
Delegate. A Vice Delegate placed under the authority of the Delegate is
also appointed in each Arrondissement Capital.
ARTICLE 86:chanroblesvirtuallawlibrary Delegates and Vice
Delegates
ensure coordination and control of public services and exercise no
repressive
police function.
Other duties of delegates
and Vice Delegates are determined by law.
SECTION FINTERDEPARTMENTAL
COUNCIL
ARTICLE 87:chanroblesvirtuallawlibrary The Executive is assisted
by an Interdepartmental Council, the members of which are designated by
the Departmental Assemblies on the basis of one (1) per Department.
ARTICLE 87-1:chanroblesvirtuallawlibrary This Representative chosen
form among the members of the Departmental Assemblies serves as liaison
between the Department and the Executive Branch.
ARTICLE 87-2:chanroblesvirtuallawlibrary The interdepartmental
Council,
in concert with the executive, studies and plans projects for
decentralization
and development of the country from the social, economic, commercial,
agricultural
and industrial standpoint.
ARTICLE 87-3:chanroblesvirtuallawlibrary It attends working
meetings
of the Council of Ministers, when they discuss subjects mentioned in
the
preceding paragraph and has the right to vote.
ARTICLE 87-4:chanroblesvirtuallawlibrary Decentralization must be
accompanied by deconcentration of public services with delegation of
power
and industrial decompartmentalization for the benefit of the
departments.
ARTICLE 87-5:chanroblesvirtuallawlibrary The law determines the
organization
and operation of the Interdepartmental Council, and the frequency of
the
meetings of the Council of Ministers, in which it participates.
CHAPTER IITHE LEGISLATIVE
BRANCH
ARTICLE 88:chanroblesvirtuallawlibrary Legislative power shall
be vested in two (2) representative Houses. One (1) House of Deputies
and
one (1) Senate, comprising the Legislature or Parliament.
SECTION ATHE HOUSE OF
DEPUTIES
ARTICLE 89:chanroblesvirtuallawlibrary The House of Deputies is
a body composed of members elected by direct suffrage by the citizens
and
is responsible for exercising, on their behalf and in concert with the
Senate, the functions of the Legislative Branch.
ARTICLE 90:chanroblesvirtuallawlibrary Each Municipal Authority
comprises an electoral district and elects one (1) Deputy.
The law sets up to three
(3) the number of Deputies at the level of large built-up areas.
Pending application of the
above subparagraphs, the number of Deputies may not be fewer than
seventy
(70).
ARTICLE 90-1:chanroblesvirtuallawlibrary Deputies are elected by
an absolute majority of votes cast in the Primary Assemblies, according
to the conditions and in the manner prescribed by the Electoral Law.
ARTICLE 91:chanroblesvirtuallawlibrary To be elected a member of
the House of Deputies, a person must:chanroblesvirtuallawlibrary
1. Be a native Haitian and
have never renounced his nationality;
2. Have attained twenty-five
(25) years of age;
3. Enjoy civil and
political rights and never have been sentenced to death, personal
restraint
or penal servitude or the loss of civil rights for any crime of
ordinary
law;
4. Have resided at least
two (2) consecutive years prior to the date of the elections in the
electoral
district he is to represent;
5. Own at least one real
property in the district and practice a profession or trade;
6. Have been relieved, if
need be, of his responsibilities as a manager of public funds.
ARTICLE 92:chanroblesvirtuallawlibrary Deputies are elected for
four (4) years and may be reelected an indefinite number of times.
ARTICLE 92-1:chanroblesvirtuallawlibrary The take office on the
second
Monday of January, and sit in two (2) annual meetings. The duration of
their term comprises a legislative session.
ARTICLE 92-2:chanroblesvirtuallawlibrary The first session runs
from
the second Monday of January to the second Monday of May; the second
session,
from the second Monday of June to the second Monday of September.
ARTICLE 92-3:chanroblesvirtuallawlibrary The House of Deputies is
completely replaced every four (4) years.
ARTICLE 93:chanroblesvirtuallawlibrary Beside the duties
conferred
upon it by the Constitution as a branch of the Legislature, the House
of
Deputies has the duty of arraigning the Chief of State, the Prime
Minister,
the Ministers and the Secretaries of State before the High Court of
Justice,
by a majority of two-thirds (2/3) of its members. The other powers of
the
House of Deputies are assigned by the Constitution and by law.
SECTION BTHE SENATE
ARTICLE 94:chanroblesvirtuallawlibrary The Senate is a body
composed
of members elected by direct suffrage of the citizens and charged with
exercising on their behalf, in concert with the House of Deputies, the
duties of the Legislative Branch.
ARTICLE 94-1:chanroblesvirtuallawlibrary The number of Senators is
set at three (3) per Department.
ARTICLE 94-2:chanroblesvirtuallawlibrary A Senator of Republic is
elected by universal suffrage by an absolute majority of votes in the
Primary
Assemblies held in the geographic Departments, under the terms
prescribed
by the Electoral Law.
ARTICLE 95:chanroblesvirtuallawlibrary Senators are elected for
six (6) years and may be reelected an indefinite number of times.
ARTICLE 95-1:chanroblesvirtuallawlibrary The Senate is permanently
session.
ARTICLE 95-2:chanroblesvirtuallawlibrary The Senate may however
adjourn,
but not during the Legislative Section. When it adjourns, it leaves a
permanent,
committee charged with handling current business. The committee may not
make any decisions, except to convene the Senate.
In emergencies, the Executive
may also convene the Senate before the end of the adjournment period.
ARTICLE 95-3:chanroblesvirtuallawlibrary One-third (1/3) of the
Senate
is prefaced every two (2) years.
ARTICLE 96:chanroblesvirtuallawlibrary To be elected to the
Senate,
a person must:chanroblesvirtuallawlibrary
1. Be a native-born Haitian
and never have renounced his nationality;
2. Have attained thirty (30)
years of age;
3. Enjoy civil and political
rights and never have been sentenced to death, personal restraint or
penal
servitude or the loss of civil rights for a crime of ordinary law;
4. Have resided in the Department
he will represent, at least four (4) consecutive years prior to the
date
of the elections;
5. Own at least one (1) real
property in the Department and practice a profession or trade there;
6. Have been relieved, if
need be, of his responsibilities as a manager of public funds.
ARTICLE 97:chanroblesvirtuallawlibrary In addition to the
responsibilities
incumbent upon it as a branch of the Legislature, the Senate shall have
the following powers:chanroblesvirtuallawlibrary
1. To propose to the Executive
the list of Supreme Court (Court de Cassation) justices according to
the
provisions of the Constitution;
2. Constitute itself as a
High Court of Justice;
3. Exercise all other powers
assigned to it by this Constitution and by law.
SECTION CTHE NATIONAL
ASSEMBLY
ARTICLE 98:chanroblesvirtuallawlibrary The meeting in a single
Assembly of the two (2) branches of the Legislature constitutes the
National
Assembly.
ARTICLE 98-1:chanroblesvirtuallawlibrary The National Assembly
meets
to open and close each session and in all cases provided for by the
Constitution.
ARTICLE 98-2:chanroblesvirtuallawlibrary The powers of the National
Assembly are limited and may not be extended to matters other than
those
especially assigned to it by the Constitution.
ARTICLE 98-3:chanroblesvirtuallawlibrary The Assembly's powers are:chanroblesvirtuallawlibrary
1. To receive the constitutional
oath of the President of the Republic;
2. To ratify any decision
to declare war when all efforts at conciliation have failed;
3. To approve or reject international
treaties and conventions;
4. To amend the Constitution
according to the procedure indicated herein;
5. To ratify decisions of
the Executive to move the seat of the Government in cases determined by
the first article of this Constitution;
6. To decide on when a state
of siege shall be declared, to order with the Executive that
Constitutional
guarantees shall be suspended, and to decide on any request to renew
that
measure;
7. To contribute to selecting
members of the Permanent Electoral Council, pursuant to Article 92 of
this
Constitution;
8. To receive at the opening
of each session the report on the Government's activities.
ARTICLE 99:chanroblesvirtuallawlibrary The National Assembly is
presided over by the President of the Senate, assisted by the President
of the House of Deputies acting as Vice President. the Secretaries of
the
Senate and the House of Deputies are the Secretaries of the National
Assembly.
ARTICLE 99-1:chanroblesvirtuallawlibrary In the event the President
of the Senate is unable to discharge his duties, the National Assembly
shall be presided over by the President of the House of Deputies, and
the
Vice President of the Senate shall then become Vice President of the
National
Assembly.
ARTICLE 99-2:chanroblesvirtuallawlibrary In the event the two (2)
Presidents are unable to discharge their duties, the two (2) Vice
Presidents
shall replace them, respectively.
ARTICLE 100:chanroblesvirtuallawlibrary Sessions of the National
Assembly are public. However, they may be held in closed session at the
request of five (5) members, and the resumption of public sessions
shall
then be decided by an absolute majority.
ARTICLE 101:chanroblesvirtuallawlibrary In emergencies, when the
Legislature is not in session, the Executive Branch may call a special
session of the National Assembly.
ARTICLE 102:chanroblesvirtuallawlibrary The National Assembly may
not meet or take decisions and pass resolutions without a majority of
each
of the two (2) Houses being present.
ARTICLE 103:chanroblesvirtuallawlibrary The Legislature has its
seat in Port-au-Prince. However, depending on the circumstances, this
seat
may be transferred elsewhere to the same place and at the same time as
that of the Executive Branch.
SECTION DEXERCISE OF
LEGISLATIVE
POWER
ARTICLE 104:chanroblesvirtuallawlibrary A session of the
Legislature
dates from the opening of the two (2) Houses meeting as the National
Assembly.
ARTICLE 105:chanroblesvirtuallawlibrary In the interval between
regular sessions and in emergencies, the President of the Republic may
call a special session of the Legislature.
ARTICLE 106:chanroblesvirtuallawlibrary The Chief of the Executive
Branch reports on that measure by a message.
ARTICLE 107:chanroblesvirtuallawlibrary In the event the
Legislature
is convened in special session, it may not decide on any matter other
than
that for which it was called.
ARTICLE 107-1:chanroblesvirtuallawlibrary However, any Senator or
Deputy may introduce a matter of general interest in an Assembly of
which
he is a member.
ARTICLE 108:chanroblesvirtuallawlibrary Each House checks and
validates
the credentials of its members and is the final judge of any disputes
that
may arise in this regard.
ARTICLE 109:chanroblesvirtuallawlibrary The members of each House
shall take the following oath:chanroblesvirtuallawlibrary
"I swear to discharge
my duties, to maintain and safeguard the rights of the people, and to
be
faithful to the Constitution".
ARTICLE 110:chanroblesvirtuallawlibrary Meetings of the two (2)
Houses are public. Each House may meet in closed session at the request
of five (5) members, and the decision to resume public meetings shall
then
be taken by a majority vote.
ARTICLE 111:chanroblesvirtuallawlibrary The Legislature takes the
laws on all matters of public interest.
ARTICLE 111-1:chanroblesvirtuallawlibrary Laws may be initiated by
each of the two (2) Houses as well as by the Executive Branch.
ARTICLE 111-2:chanroblesvirtuallawlibrary However, only the
Executive
Branch may initiate budget laws, laws concerning the assessment,
percentage
and manner of collecting taxes and contributions, and laws designed to
generate revenues or to increase revenues and expenditures of the
Government,
Bills introduced on these matters must be voted on first by the House
of
Deputies.
ARTICLE 111-3:chanroblesvirtuallawlibrary In the event of
disagreement
between the two (2) Houses regarding the laws mentioned in the
preceding
paragraph, each House shall appoint, by voting on a list of an equal
number
of members, a parliamentary committee that will make a final decision
on
the disagreement.
ARTICLE 111-4:chanroblesvirtuallawlibrary If a disagreement occurs
with regard to any other law, a decision on it will be postponed until
the following session. If, at that session, and even in the case of
replacement
of the Houses no agreement is reached on the law when it is introduced
again, each House shall appoint, by taking a vote on a list of an equal
number of members, a parliamentary committee to decide on the final
text
that will be submitted to the two (2) Assemblies, beginning with the
one
that originally voted on the law. If these additional deliberations
produce
no result, the Bill or proposed law will be withdrawn.
ARTICLE 111-5:chanroblesvirtuallawlibrary In the event of
disagreement
between the Legislature and the Executive Branch, the disagreement
shall,
at the request of one of the parties, be referred to the Conciliation
Committee
provided for in Article 206 below.
ARTICLE 111-6:chanroblesvirtuallawlibrary If the Committee fails to
reach a decision it shall draw up a report of nonconciliation, which it
shall remit to the two (2) high parties and inform the Supreme Court
thereof.
ARTICLE 111-7:chanroblesvirtuallawlibrary Within two weeks of
receipt
of this report, the disagreement shall be referred to the Supreme
Court.
Sitting as a full court, the Court shall hand down its decision
forthwith,
setting all other matters aside. Its decision shall be final and is
binding
on the high parties. If, meanwhile, the high parties reach agreement,
the
terms of the agreement shall as a matter of course terminate the
procedure
under way.
ARTICLE 111-8:chanroblesvirtuallawlibrary In no case may the House
of Deputies or the Senate be dissolved or adjourned, nor shall the
terms
of their members be extended.
ARTICLE 112:chanroblesvirtuallawlibrary Each House shall, in
accordance
with its regulations appoint its staff, establish discipline for them
and
determine the manner in which they shall perform their duties.
ARTICLE 112-1:chanroblesvirtuallawlibrary Each House may impose on
its members for reprehensible conduct, by a two thirds (2/3) majority
vote,
disciplinary penalties, except for expulsion.
ARTICLE 113:chanroblesvirtuallawlibrary Any member of the
Legislature
shall be disqualified as a Deputy or Senator, if, during his term, he
has
received a final sentence by a court of regular law, which renders him
ineligible to serve.
ARTICLE 114:chanroblesvirtuallawlibrary Members of the Legislature
are inviolable form the day the take oath up to the expiration of their
term, subject to the provisions of Article 115 below.
ARTICLE 114-1:chanroblesvirtuallawlibrary They may at no time be
prosecuted
or attacked for the opinions and votes cast by them in the discharge o
their duties.
ARTICLE 114-2:chanroblesvirtuallawlibrary No member of the
Legislature
shall be subject to civil imprisonment during his term of office.
ARTICLE 115:chanroblesvirtuallawlibrary No member of the
Legislature
may during his term be arrested under ordinary law for a crime, a minor
offense or a petty violation, except by authorization of the House of
which
he is a member, unless he is apprehended in the act of committing an
offense
punishable by death, personal restraint or penal servitude or the loss
of civil rights. In that case, the matter is referred to the House of
Deputies
or the Senate without delay of the Legislature is in session, and if
not,
it shall be taken up the next regular or special session.
ARTICLE 116:chanroblesvirtuallawlibrary Neither of the two (2)
Houses
may sit or take action without the presence of a majority of its
members.
ARTICLE 117:chanroblesvirtuallawlibrary All acts of the
Legislature
must be approved by a majority of the members present, unless otherwise
stipulated in this Constitution.
ARTICLE 118:chanroblesvirtuallawlibrary Each House has the right
to investigate matters brought before it.
ARTICLE 119:chanroblesvirtuallawlibrary All bills must be voted
on article by article.
ARTICLE 120:chanroblesvirtuallawlibrary Each House has the right
to amend and to divide articles and amendments proposed. Amendments
voted
on by one House may be part of a bill only after it has been voted on
by
the other House in the same forme and in identical terms. No bill shall
become a law until it has been voted on in the same form by the two (2)
Houses.
ARTICLE 120-2:chanroblesvirtuallawlibrary Any bill may be withdrawn
from discussion so long as it has not been finally voted upon.
ARTICLE 121:chanroblesvirtuallawlibrary Any bill passed by the
Legislature
shall be immediately forwarded to the President of the Republic, who,
before
promulgation it, has the right to make objections to it in all or in
part.
ARTICLE 121-1:chanroblesvirtuallawlibrary In such cases, the
President
of the Republic send back the bill with his objections to the House
where
it was originally passed, If the bill is amended by that house, it is
sent
to the other Houses with the objections.
ARTICLE 121-2:chanroblesvirtuallawlibrary If the bill thus amended
is voted on by the second House, it will be sent back to the President
of the Republic for promulgation.
ARTICLE 121-3:chanroblesvirtuallawlibrary If the objections are
rejected
by the House that originally passed the bill, it shall be returned to
the
other House with the objections.
ARTICLE 121-4:chanroblesvirtuallawlibrary If the second House also
votes to reject it, the bill is sent back to the President of the
Republic,
who must then promulgate it.
ARTICLE 121-5:chanroblesvirtuallawlibrary Rejection of the objection
is voted on by either House by the majority stipulated in Article 117.
In such cases, the votes of each House shall be taken by secret ballot.
ARTICLE 121-6:chanroblesvirtuallawlibrary If in either House the
Majority
stipulated in the preceding paragraph is not obtained for the
rejection,
the objections are accepted.
ARTICLE 122:chanroblesvirtuallawlibrary The right of objection
must
be exercised within eight (8) full days starting with the date of the
receipt
of the bill by the President of the Republic.
ARTICLE 123:chanroblesvirtuallawlibrary If within the prescribed
deadline, the President of the Republic has made no objection, the bill
must be promulgated unless the session of the Legislature has ended
before
exploration of the deadline, in which case, the bill is deferred. At
the
opening of the following session, the bill thus deferred is sent to the
President of the Republic to exercise his right of objection.
ARTICLE 124:chanroblesvirtuallawlibrary A bill rejected by one of
the two (2) Houses may not be introduced again in the same session.
ARTICLE 125:chanroblesvirtuallawlibrary Bills and other acts of
the Legislature and the National Assembly shall enter into force with
their
promulgation and their publication in the Official Gazette (Journal
Official)
of the Republic.
ARTICLE 125-1:chanroblesvirtuallawlibrary Bills shall be numbered
and included in the printed and numbered bulletin entitled Bulletin of
Laws and Acts.
ARTICLE 126:chanroblesvirtuallawlibrary The bill is dated on the
day of it final adoption by the two (2) Houses.
ARTICLE 127:chanroblesvirtuallawlibrary No one may submit
petitions
in person to the Legislature.
ARTICLE 128:chanroblesvirtuallawlibrary Only the Legislature
Branch
has the authority to interpret laws, which it does by passing a law.
ARTICLE 129:chanroblesvirtuallawlibrary Each member of the
Legislature
receives a monthly stipend from the time he takes oath.
ARTICLE 129-1:chanroblesvirtuallawlibrary Service as a member of the
Legislature is incompatible with any other due remunerated by the
State,
except that of teacher.
ARTICLE 129-2:chanroblesvirtuallawlibrary Every member of the two
(2) Houses has the right to question and interpellate a member of the
Government
or the entire Government on events and acts of the Administration.
ARTICLE 129-3:chanroblesvirtuallawlibrary As interpellation request
must be seconded by five (5) members of the body concerned. it becomes
a vote of confidence or of censure when passed by a majority of that
body.
ARTICLE 129-4:chanroblesvirtuallawlibrary When the interpellation
request ends in a votes of censure on a question concerning a
Government
program or declaration of general policy, the Prime Minister must
submit
his Government's resignation to the President of the Republic.
ARTICLE 129-5:chanroblesvirtuallawlibrary The president must accept
that resignation and appoint new Primer Minister, pursuant to the
provisions
of this Constitution.
ARTICLE 129-6:chanroblesvirtuallawlibrary The Legislature may not
pass more than one vote of censure a year on a question concerning a
Government
program or declaration of general policy.
ARTICLE 130:chanroblesvirtuallawlibrary In the case of the death,
resignation, disqualification, judicial interdiction, or acceptance of
a duty incompatible with that of a member of the Legislature, the
Deputy
or Senator shall be replaced in his Electoral District for only the
remainder
of his term by a by-election called by the Primary Electoral Assembly
to
be conducted by the Permanent Electoral Council in the month he vacancy
occurs.
ARTICLE 130-1:chanroblesvirtuallawlibrary The election shall take
place within thirty (30) days after convocation of the Primary
Assembly,
pursuant to the Constitution.
ARTICLE 130-2:chanroblesvirtuallawlibrary The same procedure shall
apply in the absence of an election or in the event that elections are
declared null and void by the Permanent Electoral Council in one or
more
Electoral Districts.
ARTICLE 130-3:chanroblesvirtuallawlibrary However, if the vacancy
occurs during the last regular session of the Legislature or after that
session, a by-election may not be held.
SECTION EINCOMPATIBILITIES
ARTICLE 131:chanroblesvirtuallawlibrary The following may not be
elected members of the Legislature:chanroblesvirtuallawlibrary
1. Government concessionnaires
or contractors for the performance of public services;
2. Representatives or agents
of Government contractors or concessionnaires, or companies or
corporations
that have Government concessions or contracts;
3. Delegated, Vice Delegates,
judges, and officers of the Public Prosecutor's Office whose duties
have
not terminated six (6) months before the date set for the elections;
4. Any person who comes under
the other cases of ineligibility stipulates by this Constitution and by
law.
ARTICLE 132:chanroblesvirtuallawlibrary Members of the Executive
Branch and the Director Generals of Government departments may not be
elected
members of the Legislature unless they resign at least one (1) year
before
the date of the elections.
CHAPTER IIITHE EXECUTIVE
BRANCH
ARTICLE 133:chanroblesvirtuallawlibrary The Executive power is
vested
in:chanroblesvirtuallawlibrary
a. The President of the Republic,
who is the Head of State.
b. The Government, which
is headed by a Prime Minister.
SECTION ATHE PRESIDENT OF
THE
REPUBLIC
ARTICLE 134:chanroblesvirtuallawlibrary The President of the
Republic
is elected in direct universal suffrage by an absolute majority of
votes.
If that majority is not obtained in the first election, a second
election
is held.
Only the two (2) candidates
who, if such be the case, after the withdrawal of more favored
candidates,
have received the largest number of votes in the first election may run
in the second election.
ARTICLE 134-1:chanroblesvirtuallawlibrary The term of the President
is five (5) years. This term begins and ends on the February 8
following
the date of the elections.
ARTICLE 134-2:chanroblesvirtuallawlibrary Presidential election
shall
take place the last Sunday of November in the fifth year of the
President's
term.
ARTICLE 134-3:chanroblesvirtuallawlibrary The President of the
Republic
may not be re-elected. He may serve an additional term only after an
interval
of five (5) years. He may in no case run for a third term.
ARTICLE 135:chanroblesvirtuallawlibrary To be elected President
of the Republic of Haiti, a candidate must:chanroblesvirtuallawlibrary
a. Be a native-born Haitian
and never have renounced Haitian nationality;
b. Have attained thirty-five
(35) years of age by the election day;
c. Enjoy civil and political
rights and never have been sentenced to death, personal restraint or
penal
servitude or the loss of civil rights for a crime of ordinary law;
d. Be the owner in Haiti
of at least one real property and have his habitual residence in the
country;
e. Have resided in the country
for five (5) consecutive years before the date of the elections;
f. Have been relieved of
this responsibilities if he has been handling public funds.
ARTICLE 135-1:chanroblesvirtuallawlibrary Before taking office, the
President of the Republic shall take the following oath before the
National
Assembly: "I swear before God and the Nation faithfully to observe
and
enforce the Constitution and the laws of the Republic, to respect and
cause
to be respected the rights of the Haitian people, to work for the
greatness
of the country, and to maintain the nation's independence and the
integrity
of its territory".
SECTION BDUTIES OF THE
PRESIDENT
OF THE REPUBLIC
ARTICLE 136:chanroblesvirtuallawlibrary The President of the
Republic,
who is the Head of State, shall see to the respect for and enforcement
of the Constitution and the stability of the institutions. He shall
ensure
the regular operations of the public authorities and the continuity of
the State.
ARTICLE 137:chanroblesvirtuallawlibrary The President of the
Republic
shall choose a Prime Minister from among the members of the majority
party
of the Parliament. In the absence of such a majority, the President of
the Republic shall choose his Prime Minister in consultation with the
President
of the Senate and the President of the House of Deputies.
In either case, the President's
choice must be ratified by the Parliament.
ARTICLE 137-1:chanroblesvirtuallawlibrary The President of the
Republic
shall terminate the duties of the Prime Minister upon the letter's
submission
of the Government's resignation.
ARTICLE 138:chanroblesvirtuallawlibrary The President of the
Republic
is the guarantor of the nation's independence and the integrity of its
territory.
ARTICLE 139:chanroblesvirtuallawlibrary He shall negotiate and
sign
all international treaties, conventions and agreements and submit them
to the National Assembly for ratification.
ARTICLE 139-1:chanroblesvirtuallawlibrary He shall accredit
ambassadors
and special envoys to foreign powers, receive letters of accreditation
from ambassadors of foreign powers and issued exequatur to consuls.
ARTICLE 140:chanroblesvirtuallawlibrary He declares war, and
negotiates
and signs peace treaties with the approval of the National Assembly.
ARTICLE 141:chanroblesvirtuallawlibrary With the approval of the
Senate, the President appoints, by a decree issued in the Council of
Ministers,
the Commander-in-chief of the armed forces, the Commander-in-chief of
the
police, ambassadors and consul generals.
ARTICLE 142:chanroblesvirtuallawlibrary By a decree issued in the
Council of Ministers, the President of the Republic appoints the
directors
general of the civil service, and delegates and vice delegates of
Departments
and Arrondissements.
He also appoints, with the
approval of the Senate, Administrative Councils of Autonomous Agencies.
ARTICLE 143:chanroblesvirtuallawlibrary The President of the
Republic
is the nominal head of the armed forces, but he never commands them in
person.
ARTICLE 144:chanroblesvirtuallawlibrary He has the seal of the
Republic
affixed to all laws and promulgates them within deadline stipulated by
the Constitution. Before the expiration of that deadline, he may avail
himself of his right of objection.
ARTICLE 145:chanroblesvirtuallawlibrary He sees to the enforcement
of judicial decisions, pursuant to the law.
ARTICLE 146:chanroblesvirtuallawlibrary The President of the
Republic
has the right to pardon and commute sentences in all res judicate
cases,
except for sentences handed down by the High Court of Justice as
stipulated
in this Constitution.
ARTICLE 147:chanroblesvirtuallawlibrary He may grant amnesty only
for political matters as stipulated by law.
ARTICLE 148:chanroblesvirtuallawlibrary If the President finds it
temporarily impossible to discharge his duties the Executive Authority
shall be vested in the Council of Ministers under the Presidency of the
Prime Minister, so long as the disability continues.
ARTICLE 149:chanroblesvirtuallawlibrary Should the office of the
President of the Republic become vacant for any reason, the President
of
the Supreme Court of the Republic, or in his absence, the Vice
President
of that Court, or in his absence, the judge with the highest seniority
and so on by order of seniority, shall be invested temporarily with the
duties of the President of the Republic by the National Assembly duly
convened
by the Prime Minister- The election of a new President for a new five
(5)
year term shall be held at least forty-five (45) and no more than
ninety
(90) days after the vacancy occurs, pursuant to the Constitution and
the
Electoral Law.
ARTICLE 149-1:chanroblesvirtuallawlibrary The acting President may
in no case be a candidate in the next presidential election.
ARTICLE 150:chanroblesvirtuallawlibrary The President of the
republic
shall have no powers other than those accorded to him by the
Constitution.
ARTICLE 151:chanroblesvirtuallawlibrary At the opening of each
annual
session of the Legislature, the President of the Republic shall deliver
a message to the Legislature on the State of the Nation. This message
may
not be debated.
ARTICLE 152:chanroblesvirtuallawlibrary The President of the
Republic
shall receive a monthly salary from the Public Treasury upon taking the
oath of office.
ARTICLE 153:chanroblesvirtuallawlibrary The President of the
Republic
shall have his official residence in the National Palace, in the
capital
city, unless the seat of the Executive Branch is moved.
ARTICLE 154:chanroblesvirtuallawlibrary The President of the
Republic
presides over the Council of Ministers.
SECTION CTHE GOVERNMENT
ARTICLE 155:chanroblesvirtuallawlibrary The Government is composed
of the Prime Minister, the Ministers and Secretaries of State. The
Prime
Minister is the head of the Government.
ARTICLE 156:chanroblesvirtuallawlibrary The Government conducts
the policy of the Nation. It is responsible before Parliament under the
terms stipulated by the Constitution.
ARTICLE 157:chanroblesvirtuallawlibrary To be appointed Prime
Minister,
a person must:chanroblesvirtuallawlibrary
1. Be a native-born Haitian,
and never have renounced Haitian nationality;
2. Have attained thirty (30)
years of age;
3. Enjoy civil and political
rights and never have been sentenced to death, personal restraint or
penal
servitude or the loss of civil rights;
4. Own real property in Haiti
and practice a profession there;
5. Have resided in the county
for five (5) consecutive years;
6. Have been relieved of
his responsibilities if he has been handling public funds.
SECTION DPOWERS OF THE
PRIME
MINISTER
ARTICLE 158:chanroblesvirtuallawlibrary With the approval of the
President, the Prime Minister shall choose the members of his Cabinet
of
Ministers and shall go before Parliament to obtain a vote of confidence
on his declaration of general policy. The vote shall be taken in open
ballot,
and an absolute majority of both Houses is required.
In the event of a vote of
nonconfidence by one of the two (2) Houses, the procedure shall be
repeated.
ARTICLE 159:chanroblesvirtuallawlibrary The Prime Minister
enforces
the laws. In the event of the President of the Republic's absence or
temporary
inability to perform his duties, or at his request, the Prime Minister
presides over the Council of Ministers. He has the power to issue rules
and regulations but he can never suspend or interpret laws, acts or
decrees,
nor refrain from enforcing them.
ARTICLE 159-1:chanroblesvirtuallawlibrary In concert with the
President
of the Republic, he is responsible for national defense.
ARTICLE 160:chanroblesvirtuallawlibrary The Prime Minister
appoints
and dismisses directly or by delegation Government officials, according
to the provisions of the Constitution and the law on the general
regulations
for Government operations.
ARTICLE 161:chanroblesvirtuallawlibrary The Prime Minister and the
Ministers may appear before the two (2) Houses to support bills and the
objections of the President of the Republic and to reply to
interpellation.
ARTICLE 162:chanroblesvirtuallawlibrary Acts of the Prime Minister
are countersigned, if need by the Ministers responsible for enforcing
them.
The Prime Ministers may be assigned a Ministerial portfolio.
ARTICLE 163:chanroblesvirtuallawlibrary The Prime Minister and the
Ministers are jointly responsible for the acts of the President of the
Republic and of their ministers that they countersign. They are also
responsible
for enforcement of the laws in the areas of their competence.
ARTICLE 164:chanroblesvirtuallawlibrary The duties of the Prime
Minister and of a member of the Government are incompatible with
membership
in the Parliament. If such a case occurs, the member of Parliament must
choose one duty or the other.
ARTICLE 165:chanroblesvirtuallawlibrary In the event of the Prime
Minister's resignation, the government remains in place until the
appointment
of a successor, in order to transact current business.
SECTION ETHE MINISTERS AND
SECRETARIES
OF STATE
ARTICLE 166:chanroblesvirtuallawlibrary The President of the
Republic
presides over the Council of Ministers. The number of Ministers may be
no fewer than ten (10).
When he deems it necessary,
the Prime Minister may appoints Secretaries of State to the Ministers.
ARTICLE 167:chanroblesvirtuallawlibrary The number of Ministers
is set by law.
ARTICLE 168:chanroblesvirtuallawlibrary Holding a ministerial post
is incompatible with the exercise of all other public employment,
except
for higher education.
ARTICLE 169:chanroblesvirtuallawlibrary Ministers are responsible
for the acts of the Prime Minister that they countersign. They are
jointly
responsible for enforcement of the laws.
ARTICLE 169-1:chanroblesvirtuallawlibrary In no case may an oral or
written order of the President of the Republic or of the Prime Minister
release Ministers from the responsibilities of their office.
ARTICLE 170:chanroblesvirtuallawlibrary The Prime Minister, the
Ministers and the Secretaries of State receive monthly salaries
established
by the Budgetary law.
ARTICLE 171:chanroblesvirtuallawlibrary Ministers appoint certain
categories of Government employees by delegation of the Prime Minister,
according to the conditions set by the law on Government operations.
ARTICLE 172:chanroblesvirtuallawlibrary When one of the two (2)
Houses during an interpellation calls into question the responsibility
of a Minister by a vote of censure passed by an absolute majority of
its
members, the Executive shall recall the Minister.
CHAPTER IVTHE JUDICIARY
ARTICLE 173:chanroblesvirtuallawlibrary The Judicial Power shall
be vested in the Supreme Court (Court de Cassation), the Courts of
Appeal,
Courts of First Instance, Courts of Peace and special courts, whose
number,
composition, organization, operation and jurisdiction are set by law.
ARTICLE 173-1:chanroblesvirtuallawlibrary Civil rights cases are
exclusively
the competence of the courts.
ARTICLE 173-2:chanroblesvirtuallawlibrary No court and no
jurisdiction
in disputed matters may be established except by law. No special court
may be established under any name whatever.
ARTICLE 174:chanroblesvirtuallawlibrary Judges of the Supreme
Court
and the Courts of Appeal are appointed for ten (10) years. Judges of
the
Courts of First Instance are appointed for seven (7) years. Their term
begins at the time they take their oath of office.
ARTICLE 175:chanroblesvirtuallawlibrary Supreme Court justices are
appointed by the President of the Republic form a list submitted by the
Senate of three (3) persons per court seat. Judges of the Courts of
Appeal
and Courts of First Instance are appointed from a list submitted by the
Departmental Assembly concerned; Justices of the Peace are appointed
from
a list draw up by the Communal Assemblies.
ARTICLE 176:chanroblesvirtuallawlibrary The law regulates the
conditions
required for serving as a judge at any level. A School of the
Magistrature
shall be established.
ARTICLE 177:chanroblesvirtuallawlibrary Judges of the Supreme
Court,
the Courts of Appeal and the Courts of First Instance are appointed for
life. They may be removed from office only because of a legally
determined
abuse of authority or be suspended following and indictment leveled
against
them. They may not be reassigned, without their consent, even in the
case
of a promotion. Their service may be terminated during their term of
office
only in the event of a duly determined permanent physical or mental
incapacity.
ARTICLE 178:chanroblesvirtuallawlibrary The Supreme Court does not
try cases on their merits. Nevertheless, in all cases other than those
submitted to a jury, when a case between the same parties is tried upon
second appeal, even with an incidental plea of defense, the Supreme
Court,
accepting the appeal, shall not remand the case to a lower court but
shall
rule on the merits, sitting as a full court.
ARTICLE 178-1:chanroblesvirtuallawlibrary However, in the case of
appeals from temporary restraining orders or orders of examining
magistrates,
grants of appeal pronounced in connection with such orders or form
final
sentences of the Peace Courts or decisions of special courts, the
Supreme
Court, admitting the appeal, shall pronounce a decision without
remanding
the case.
ARTICLE 179:chanroblesvirtuallawlibrary The duties of a judge are
incompatible with any other salaried duties, except for education.
ARTICLE 180:chanroblesvirtuallawlibrary Court proceedings are
public.
However, they may take place in closed session in the interest of
public
order and good morals, at the decision of the Court.
ARTICLE 180-1:chanroblesvirtuallawlibrary Sentences may not be
delivered
in closed session in cases of political offenses or offenses involving
the press.
ARTICLE 181:chanroblesvirtuallawlibrary All order or judgments
shall
state the founds for the decision and shall be handed down in a public
hearing.
ARTICLE 181-1:chanroblesvirtuallawlibrary Orders or judgments are
delivered and executed in the name of the Republic, They shall include
writs of execution to officers of the Public Prosecutor's Office and
agents
of the police and armed forces. Acts of notaries shall be put in the
same
form when their compulsory execution is involved.
ARTICLE 182:chanroblesvirtuallawlibrary The Supreme Court rules
on both fact and law in all cases of decisions handed down by military
courts.
ARTICLE 183:chanroblesvirtuallawlibrary When litigation is
referred
to it, the Supreme Court, sitting as a full Court, shall rule on the
unconstitutionality
of the laws.
ARTICLE 183-1:chanroblesvirtuallawlibrary The interpretation of a
law given by the Houses of the Legislature shall be imposed for the
purpose
of that law without retroactively taking away any rights acquired by
res
judicata.
ARTICLE 183-2:chanroblesvirtuallawlibrary The Courts shall apply
Government
decrees and regulations only insofar as they are in conformity with the
law.
ARTICLE 184:chanroblesvirtuallawlibrary The law determines the
jurisdiction
of the courts and tribunals, and regulates the manner of preceedings
before
them.
ARTICLE 184-1:chanroblesvirtuallawlibrary The law also provides for
disciplinary penalties to be taken against judges and officers of the
Public
Prosecutor's Office, except for Supreme Court Justices, who are under
the
jurisdiction of the High Court of Justice for abuse of authority.
CHAPTER VTHE HIGH COURT OF
JUSTICE
ARTICLE 185:chanroblesvirtuallawlibrary The Senate may constitute
itself as a High Court of Justice. the proceedings of this Court are
presided
over by the President of the Senate, assisted by the President and Vice
President of the Supreme Court as Vice President and Secretary,
respectively,
except where the Justices of the Supreme Court and officers of the
public
Prosecutor's Office assigned to that court are involved in the
accusation,
in which case, the Senators, one of whom shall be designated by the
accused,
and the Senators so appointed shall not be entitled to vote.
ARTICLE 186:chanroblesvirtuallawlibrary The House of Deputies, by
a majority of two-thirds (2/3) of its members, shall indict:chanroblesvirtuallawlibrary
a. The President of the Republic
for the crime of high treason or any other crime or offense committed
in
the discharge o his duties;
b. The Prime Minister, the
Ministers and the Secretaries of State for Crimes of high treason and
embezzlement
or abuse of power or any other crimes or offenses committed in the
discharge
of their duties;
c. Members of the Permanent
Electoral Council and the Superior Court of Auditors and the Court of
Administrative
Disputes for serious offenses committed in the discharge of their
duties;
d. Supreme Court justices
and officer of the Public Prosecutor's Office before the Court for
abuse
of authority;
e. The Protector of Citizens
(protecteur du citoyen).
ARTICLE 187:chanroblesvirtuallawlibrary Members of the High Court
of Justice serve on an individual bases, and no opening proceedings,
take
the following oath;
"I swear before God and
before the Nation to judge with the impartiality and the firmness
appropriate
to an honest and free man, according to my conscience and my
deep-seated
conviction".
ARTICLE 188:chanroblesvirtuallawlibrary The High Court of Justice
shall designate, by secret ballot and an absolute majority of votes,
from
among its members a Committee of Enquiry.
ARTICLE 188-1:chanroblesvirtuallawlibrary The decision in the form
of a decree shall be handed down on the report of the Committee of
Enquiry
by a two-thirds (2/3) majority of the members of the High Court of
Justice.
ARTICLE 189:chanroblesvirtuallawlibrary The High Court of Justice
shall not sit unless a majority of two-thirds (2/3) of its members are
present.
ARTICLE 189-1:chanroblesvirtuallawlibrary The Court may not impose
any other penalties than dismissal, disqualification or deprivation of
the right or exercise any public office for no less than five (5) years
and no more than fifteen (15) years.
ARTICLE 189-2:chanroblesvirtuallawlibrary However, the convicted
person
may be brought before ordinary courts, in accordance with the law, if
there
is reason to impose other penalties or to rule on the institution of
civil
action.
ARTICLE 190:chanroblesvirtuallawlibrary Once a case is brought
before
the High Court of Justice, the Court must sit until it renders its
verdict,
regardless of the length of the sessions of the Legislature.
TITLE VIINDEPENDENT
INSTITUTIONSCHAPTER ITHE PERMANENT
ELECTORAL
COUNCIL
ARTICLE 191:chanroblesvirtuallawlibrary The Permanent Electoral
Council is responsible for organizing and controlling with complete
independence
all electoral procedures throughout the territory of the Republic until
the results of the election are announced.
ARTICLE 191-1:chanroblesvirtuallawlibrary The Council also drafts
the Electoral Bill that it submits to the Executive Branch for the
necessary
purposes.
ARTICLE 191-2:chanroblesvirtuallawlibrary The Council sees to it
that
the electoral lists are kept up-to-date.
ARTICLE 192:chanroblesvirtuallawlibrary The Permanent Electoral
Council consists of nine (9) members chosen from a list of three (3)
names
proposed by each of the Departmental Assemblies:chanroblesvirtuallawlibrary
3 are chosen by the Executive
Branch;
3 are chosen by the Supreme
Court;
3 are chosen by the National
Assembly.
The above-mentioned organs
see to it as far as possible that each of the Departments are
represented.
ARTICLE 193:chanroblesvirtuallawlibrary Members of the Permanent
Electoral Council must:chanroblesvirtuallawlibrary
1. Be native-born Haitians;
2. Have attained forty (40)
years of age;
3. Enjoy civil and political
rights and never have been sentenced to death, personal constraint or
penal
servitude or the loss of civil rights;
4. Have been relieved of
their responsibilities if they have been handling public funds;
5. Have resided in the country
at least three (3) years before their nomination.
ARTICLE 194:chanroblesvirtuallawlibrary Members of the Permanent
Electoral Council are appointed for a nine (9) year nonrenovable
period.
They may not be removed from office.
ARTICLE 194-1:chanroblesvirtuallawlibrary One-third of the members
of the Permanent Electoral Council are replaced a very three (3) years.
The President is chosen form among its members.
ARTICLE 194-2:chanroblesvirtuallawlibrary Before taking office, the
members of the Permanent Electoral Council take the following oath
before
the Supreme Court;
"I swear to respect the
Constitution and the provisions of the Electoral Law and to discharge
my
duties with dignity, independence, impartiality and patriotism."
ARTICLE 195:chanroblesvirtuallawlibrary In the event of a serious
offense committed in the discharge of their duties, the members of the
Permanent Electoral Council are liable for prosecution before the High
Court of Justice.
ARTICLE 195-1:chanroblesvirtuallawlibrary The seat of the Permanent
electoral Council is in the capital. Its jurisdiction extends
throughout
the territory of the Republic.
ARTICLE 196:chanroblesvirtuallawlibrary Members of the Permanent
electoral Council may not hold any other public post, nor may they be a
candidate of an elective post during their term.
In the event of dismissal,
a member of the Council must wait three (3) years before he may run for
an elective post.
ARTICLE 197:chanroblesvirtuallawlibrary The Permanent Electoral
Council shall rule on al disputes arising either in elections or in the
enforcement or the violation of the Electoral Law, subject to any legal
prosecution undertaken against an offender or offenders before the
courts
of competent jurisdiction.
ARTICLE 198:chanroblesvirtuallawlibrary In the event of a vacancy
caused by depth, resignation or any other reason, the member shall be
replaced
following the procedure established in Article 192 for the remainder of
his term, taking into account the branch of government that had
designated
the member to be replaced.
ARTICLE 199:chanroblesvirtuallawlibrary The law determines the
rules
for organization and operation of the Permanent Electoral Council
CHAPTER IITHE SUPERIOR COURT
OF
AUDITORSAND ADMINISTRATIVE
DISPUTES
ARTICLE 200:chanroblesvirtuallawlibrary The Superior Court of
Auditors
and Administrative Disputes is an independent and autonomous financial
and administrative court. It is responsible for administrative and
jurisdictional
control of Government receipts and expenditures, verification of the
accounts
of the Government enterprises and of the territorial divisions.
ARTICLE 200-1:chanroblesvirtuallawlibrary The Superior Court of
Auditors
and Administrative Disputes hears cases against the State and the
territorial
divisions, the Administration and Government officials, public services
and citizens.
ARTICLE 200-2:chanroblesvirtuallawlibrary Its decisions ate not
subject
to appeal, except to the Supreme Court.
ARTICLE 200-3:chanroblesvirtuallawlibrary The Supreme Court of
Auditors
and Administrative Disputes comprises two (2) sections:chanroblesvirtuallawlibrary
1. The Financial Control
Section;
2. The Administrative Disputes
Section.
ARTICLE 200-4:chanroblesvirtuallawlibrary The Superior Court of
Auditors
and Administrative Disputes participates in drawing up the budget and
is
consulted on all matters concerning legislation on public finances and
on all draft financial or commercial contracts, agreements and
conventions
to which the State is a party. It has the right to conduct audits in
all
Government agencies.
ARTICLE 200-5:chanroblesvirtuallawlibrary Members of the Superior
Court of auditors and Administrative Disputes must:chanroblesvirtuallawlibrary
a. Be Haitians and never
have renounced their nationality;
b. Have attained thirty-five
(35) years of age;
c. Have been relieved of
their responsibilities of they have been handling public funds;
d. Have a Bachelor of Law
degree, be a certified public accountant or hold an advanced degree in
government administration, economics or public finance;
e. Have five (5) years experience
in public or private administration;
f. Enjoy civil and political
rights.
ARTICLE 200-6:chanroblesvirtuallawlibrary Candidates for membership
on the Court shall submit their applications directly to the Office of
the Senate of the Republic. The Senate elects the ten (10) members of
the
Court, who select the Court's President and Vice President form among
them.
ARTICLE 201:chanroblesvirtuallawlibrary Court embers have a ten
(10) year term and may not be removed
ARTICLE 202:chanroblesvirtuallawlibrary Before taking office, the
members of the Superior Court of Auditors and Administrative disputes
shall
take the following oath before a section of the Supreme Court:chanroblesvirtuallawlibrary
"I swear to respect the
Constitution and the laws of the Republic, to discharge my duties
properly
and loyally and to conduct myself at all times with dignity".
ARTICLE 203:chanroblesvirtuallawlibrary Members of the Superior
Court of Auditors and Administrative Disputes are under the
jurisdiction
of the High Court of Justice for any serious offenses committed in the
discharge of their duties.
ARTICLE 204:chanroblesvirtuallawlibrary The Superior Court of
Auditors
and Administrative Disputes shall submit each year to the Legislature
within
thirty (30) days following the opening of the first legislative session
a complete report on the country's financial situation and on the
efficacy
of Government expenditures.
ARTICLE 205:chanroblesvirtuallawlibrary The organization of the
above-mentioned court, its membership regulations and its mode of
operation
are established by law.
CHAPTER IIITHE CONCILIATION
COMMISSION
ARTICLE 206:chanroblesvirtuallawlibrary The Conciliation
Commission
is responsible for settling disputes between the Executive Branch and
the
Legislature and the two (2) Houses of the Legislature. Its members are
as follows:chanroblesvirtuallawlibrary
a. The President of the Supreme
Court - President;
b. The President of the Senate
- Vice President;
c. The President of the House
of Deputies - Member;
d. The President of the Permanent
Electoral Council - Member;
eThe Vice President of
the Permanent electoral Council - Member;
f. Two (2) members designated
by the President of the Republic - Members.
ARTICLE 206-1:chanroblesvirtuallawlibrary The mode of operation of
the Conciliation Commission is determined by law.
CHAPTER IVPROTECTION OF
CITIZENS
ARTICLE 207:chanroblesvirtuallawlibrary An office known as the
Office
of Citizen Protection is established to protect all individuals against
any form of abuse by the government.
ARTICLE 207-1:chanroblesvirtuallawlibrary The office is directed by
a citizen bearing the title of protector of citizens. He is chosen by
consensus
of the President of the Republic, the President of the Senate and the
President
of the House of Deputies. His term is seven (7) years and may not be
renewed.
ARTICLE 207-2:chanroblesvirtuallawlibrary His intervention on behalf
of any complainant is without charge, whatever the court having
jurisdiction
might be.
ARTICLE 207-3:chanroblesvirtuallawlibrary A law its the conditions
and regulations for the operation of the Office of Citizen Protection.
CHAPTER VTHE UNIVERSITY -
THE
ACADEMY - CULTURE
ARTICLE 208:chanroblesvirtuallawlibrary Higher education is free.
it is provided by the University of the Haitian State
(Univertitè
d'Etat d'Haiti), which is autonomous and by the superior public schools
and the superior private schools accredited by the State.
ARTICLE 209:chanroblesvirtuallawlibrary The State must finance the
operation and development of the Haitian State University and the
public
superior schools. Their organization and their location must be planned
from the perspective of regional development.
ARTICLE 210:chanroblesvirtuallawlibrary The Establishment of
research
centers must be encouraged.
ARTICLE 211:chanroblesvirtuallawlibrary Authorization for
operation
of universities and private superiors schools is subject to the
technical
approval of the Council of the State University, to a majority of
Haitian
participation in the capital and faculty, and to the obligation to
teach
primarily in the official language of the country.
ARTICLE 211-1:chanroblesvirtuallawlibrary The universities and the
private and public superior schools provide academic and practical
instruction
adapted to the trends and requirements of national development.
ARTICLE 212:chanroblesvirtuallawlibrary An organic law regulates
the establishment, location and operation of university and public and
private superior schools in the country.
ARTICLE 213:chanroblesvirtuallawlibrary A Haitian Academy shall
be established to standardize the Creole language and enable it to
develop
scientifically and harmoniously.
ARTICLE 213-1:chanroblesvirtuallawlibrary Other academies may be
established.
ARTICLE 214:chanroblesvirtuallawlibrary The title Academy Member
is purely honorific.
ARTICLE 214-1:chanroblesvirtuallawlibrary The law shall determine
the mode of organization and operation of academies.
ARTICLE 215:chanroblesvirtuallawlibrary Archasolical, historical,
cultural, folklore and architectural treasures in the country, which
bear
witness to the grounder of our past. are part of the national heritage.
Consequently, monuments, ruins, sites of our ancestors' great feats of
arms, famous centers of our African beliefs, and all vestiges of the
past
are placed under the protection of the State.
ARTICLE 216:chanroblesvirtuallawlibrary The law determines special
conditions for this protection in each aphers.
TITLE VIIPUBLIC FINANCE
ARTICLE 217:chanroblesvirtuallawlibrary The finances of the
Republic
are decentralized. Financial management is the responsibility of the
Minister
concerned. The Executive, assisted by an Interdepartmental Council,
draws
up the law that sets the portion and nature of public revenue allotted
to the territorial divisions.
ARTICLE 218:chanroblesvirtuallawlibrary No Government levy may be
established except by law. No charge or tax, whether imposed by a
Department,
a Municipality, or Communal Section, may be established without the
consent
of its territorial divisions.
ARTICLE 219:chanroblesvirtuallawlibrary No preferential tax
treatment
may be established.
No tax exemption, increase,
decrease or elimination may be established except by law.
ARTICLE 220:chanroblesvirtuallawlibrary No pension, bonus,
allotment
or subsidy charged to the Public Treasury may be authorized unless
provided
by law. Pensions paid by the State are indexed to the cost of living.
ARTICLE 221:chanroblesvirtuallawlibrary Subject to special
provisions
thereon, the holding of two or more salaried public offices at the same
time is strictly forbidden, except posts in education.
ARTICLE 222:chanroblesvirtuallawlibrary Procedures for preparation
of the budget and its execution are determined by law.
ARTICLE 223:chanroblesvirtuallawlibrary Enforcement of the Law on
the Budget and on Public Accounts is monitories by the Superior Court
of
Auditors and Administrative Disputes and by the Budget Office.
ARTICLE 224:chanroblesvirtuallawlibrary National monetary policy
is set by the Central Bank jointly with the Minister of Economics and
Finance.
ARTICLE 225:chanroblesvirtuallawlibrary An autonomous public
agency
with legal personality and financial autonomy performs the functions
for
a Central Bank. Its regulations are determined by law.
ARTICLE 226:chanroblesvirtuallawlibrary The Central Bank has
exclusive
authority to issue as legal tender throughout the territory of the
Republic,
paper money representing the monetary unit, and coins, according to the
name, weight, description, amount and use set by law.
ARTICLE 227:chanroblesvirtuallawlibrary The budget of each
Ministry
is divided into chapters and sections, and must be voted upon article
by
article.
ARTICLE 227-1:chanroblesvirtuallawlibrary Amounts t be drawn on
budget
allocations may in no case exceed one-twelfth of the appropriations for
a particular month, except in December, because of bonuses paid to all
Government employees and officials.
ARTICLE 227-2:chanroblesvirtuallawlibrary General accounts of
receipts
and expenditures of the Republic shall be kept by the Minister of
Finance
according to an accounting method established by law.
ARTICLE 227-3:chanroblesvirtuallawlibrary The General accounts and
budgets stipulated in the preceding article, accompanied by a report
from
the Superior Court of Auditors and Administrative Disputes must be
submitted
to the Legislative Houses by the Minister of Finance no later than
fifteen
(15) days after the opening of the legislative session. the same
applies
to the annual balance sheet and statement of operations of the Central
Bank and to all other accounts of the Haitian State.
ARTICLE 227-4:chanroblesvirtuallawlibrary The Government fiscal year
begins on October 1 of each year and ends on September 30 of the
following
year.
ARTICLE 228:chanroblesvirtuallawlibrary Each year the Legislature
issues:chanroblesvirtuallawlibrary
a. The statement of receipts
and expenditures of the Government for the preceding year, or years;
b. The Government General
Budget containing the rough estimates and the portion of funds
allocated
to each Ministry of the year.
ARTICLE 228-1:chanroblesvirtuallawlibrary However, no proposal or
amendment may be introduced into the Budget when it is being voted
upon,
without provision of the ways and means therefore.
ARTICLE 228-2:chanroblesvirtuallawlibrary No increase or reduction
may be made in the allocation of Government funds, except by amendment
of the laws relating thereto.
ARTICLE 229:chanroblesvirtuallawlibrary The Legislative Houses may
refrain from doing any legislative work until the above documents are
submitted
to it. they shall refuse to grant the Ministers discharge when the
accounts
submitted do not in themselves, or by supporting documents, provide the
necessary data for verification and evaluation.
ARTICLE 230:chanroblesvirtuallawlibrary Examination and payment
of the General Administration Accounts and all accounts of public funds
are effected according to the method established by law.
ARTICLE 231:chanroblesvirtuallawlibrary If for any reason whatever
the Legislative Houses do not act upon the budget for one or more
Ministerial
Departments before they adjourn, the budget or budgets of the
Departments
concerned shall remain in force until a new budget is voted on and
adopted.
ARTICLE 231-1:chanroblesvirtuallawlibrary In the event that, through
fault of the Executive Branch, the Budget of the Republic has not been
voted upon, the President of the Republic shall immediately call a
special
session of the Legislative Houses for the sole purpose of voting on the
Government budget.
ARTICLE 232:chanroblesvirtuallawlibrary Autonomous agencies and
enterprises and entitiessubsidized wholly or in part by the Public
Treasury
shall be governed by special budgets and salary and wage systems
approved
by the Executive Branch.
ARTICLE 233:chanroblesvirtuallawlibrary For the purpose of
maintaining
constant and carefulsupervision over Government expenditures, a
fifteen-ember
Parliamentary Committee with nine (9) Deputies and six (6) Senators
shall
be elected by secret ballot at the beginning of each regular session,
to
report on the management Ministers, in order to enable the two (2)
Assemblies
to give them discharge.
This Committee may engage
the services of specialists to assist it with its monitoring functions.
TITLE VIIITHE CIVIL SERVICE
ARTICLE 234:chanroblesvirtuallawlibrary The Haitian Civil Service
is the instrument by which the State carries out its missions and
achieves
its objectives. to ensure its viability, it must be managed honestly
and
efficiently.
ARTICLE 235:chanroblesvirtuallawlibrary Government employees and
officials shall be exclusively in the service of the State. It is their
duty to abide faithfully by the norms and ethics determined by law for
civil servants.
ARTICLE 236:chanroblesvirtuallawlibrary The law establishes the
organization of the various Government structures and stipulates the
conditions
for their operation.
ARTICLE 236-1:chanroblesvirtuallawlibrary The law shall regulate the
civil service on the basis of aptitude, merit and conduct. It shall
guarantee
security of employment.
ARTICLE 236-2:chanroblesvirtuallawlibrary The civil service is a
career.
No official may be hired except by competition or by meeting other
conditions
prescribed by the Constitution and by law, nor may he be dismissed
except
for causes specifically determined by law. Dismissals must in all cases
be ruled upon by the Court of Administrative Disputes.
ARTICLE 237:chanroblesvirtuallawlibrary Career service officials
are not members of any particular Government agency but are members of
the civil service, which makes them available to the various Government
agencies.
ARTICLE 238:chanroblesvirtuallawlibrary Officials indicated by law
have the obligation to declare the status of their net worth to the
Clerk
of the Civil Court within thirty (30) days following their entry into
service.
The Government Auditor must take every step he deems necessary to
verify
the accuracy of the declaration.
ARTICLE 239:chanroblesvirtuallawlibrary Government employees and
officials may form associations to defend their rights under the
conditions
established by law.
ARTICLE 240:chanroblesvirtuallawlibrary Holders of public office
or positions, particularly Ministers and Secretaries of State, officers
of the Public Prosecutor's Office, Delegates and Vice Delegates,
ambassadors,
private secretaries of the President of the Republic, members of the
Cabinet
of Ministers, the Director Generals of the Ministerial Department of
autonomous
agencies, and members of the Administrative Councilare not eligible for
the Government career service.
ARTICLE 241:chanroblesvirtuallawlibrary The law punishes
violations
committed against the treasury and unjust gain. Officials who have
knowledge
of such actions have the duty to report them to the competent
authorities.
ARTICLE 242:chanroblesvirtuallawlibrary Unjust gain may be
determined
by all types of evidence, particularly presumption of a sharp
disproportion
between the official's means acquired after his entry into service and
the accumulated amount of salaries and emoluments to which the post he
has occupied entitles him.
ARTICLE 243:chanroblesvirtuallawlibrary Officials guilty of the
above offenses are entitled to only the twenty-year statute of
limitation.
This limitation period begins to run with the termination of their
duties
or the causes that would have prevented any prosecution.
ARTICLE 244:chanroblesvirtuallawlibrary The State has the duty to
avoid major salary disparities in the civil service.
TITLE XICHAPTER IECONOMICS AND
AGRICULTURE
ARTICLE 245:chanroblesvirtuallawlibrary Economic freedom shall be
guaranteed so long as it is not contrary to the public interest.
The State shall protect private
enterprises and shall endeavor to see that it develops under the
conditions
necessary to increase the national wealth in such a way as to ensure
the
participation of the largest possible number of persons in the benefits
of this wealth.
ARTICLE 246:chanroblesvirtuallawlibrary The State encourages in
rural and urban areas the formation of cooperatives for production,
processing
of raw materials and the entrepenurial spirit to promote the
accumulation
of national capital to ensure continuous development.
ARTICLE 247:chanroblesvirtuallawlibrary Agriculture, which is the
main source of the Nation's wealth, is a guarantee of the well-being of
the people and the socio-economic progress of the Nation.
ARTICLE 248:chanroblesvirtuallawlibrary A special agency to be
known
as THE NATIONAL INSTITUTE OF AGRARIAN REFORM shall be established to
organize
the revision of real property structures and to implement an agrarian
reform
to benefit those who actually work the land. This Institute shall draw
up an agrarian policy geared to optimizing productivity by constructing
infrastructure seemed at the protection and management of the land.
ARTICLE 248-1:chanroblesvirtuallawlibrary The law determines the
minimum
and maximum area of basic farm units.
ARTICLE 249:chanroblesvirtuallawlibrary The State has the
obligation
to establish the structures necessary to enure maximum productivity of
the land and domestic marketing of foodstuffs. Technical and financial
management units shall be established to assist farmers at the level of
each Communal Section.
ARTICLE 250:chanroblesvirtuallawlibrary No monopoly may be
established
to benefit the State and the territorial divisions except in the
exclusive
interest of society as a whole. Such a monopoly may not be granted to
any
private individual.
ARTICLE 251:chanroblesvirtuallawlibrary The import of foodstuffs
and their byproducts that are produced in sufficient quantity in the
national
territory is forbidden, except in the event of force majeurs.
ARTICLE 252:chanroblesvirtuallawlibrary The State may take charge
of the operation of enterprises for the production of goods and
services
essential to the community in order to ensure continuity in the event
the
existence of these establishments should be threatened. Such
enterprises
shall be grouped in a comprehensive management system.
CHAPTER IITHE ENVIRONMENT
ARTICLE 253:chanroblesvirtuallawlibrary Since the environment is
the natural framework of the life of the people, any practices that
might
disturb the ecological balance are strictly forbidden.
ARTICLE 254:chanroblesvirtuallawlibrary The State shall organize
the enhancement of natural sites to ensure their protection and make
them
accessible to all.
ARTICLE 255:chanroblesvirtuallawlibrary To protect forest reserves
and expand the plant coverage, the State encourage the development of
local
sources of energy: solar, wind and others.
ARTICLE 256:chanroblesvirtuallawlibrary Within the framework of
protecting the environment and public education, the State has the
obligation
to proceed to establish and maintain botanical and zoological gardens
at
certain points in its territory.
ARTICLE 257:chanroblesvirtuallawlibrary The law specifies the
conditions
for protecting flora and fauna, and punishes violations thereof.
ARTICLE 258:chanroblesvirtuallawlibrary No one may introduce into
the country wates or residues of any kind from foreign sources.
TITLE XTHE FAMILY
ARTICLE 259:chanroblesvirtuallawlibrary The State protects the
family,
which is the foundation of society.
ARTICLE 260:chanroblesvirtuallawlibrary It must also protect all
families regardless of whether they are constituted within the bonds of
marriage. It must endeavor to aid and assist mothers, children and the
aged.
ARTICLE 261:chanroblesvirtuallawlibrary The law ensures protection
for all children. Any child is entitled to love, affection,
understanding
and moral and physical care from its father and mother.
ARTICLE 262:chanroblesvirtuallawlibrary A family Code must be
drawn
up to ensure protection and respect for the rights of the family and to
define procedures of the search for affiliation. Courts and other
Government
agencies charged with the protection of these rights must be accessible
free of charge at the level of the smallest territorial division.
TITLE XITHE ARMED FORCES
AND
THE POLICE FORCE
ARTICLE 263:chanroblesvirtuallawlibrary The "Public Forces " (la
Force Publique) are composed of two (2) distinct bodies:chanroblesvirtuallawlibrary
a. The Armed Forces of Haiti,
and
b. The Police Forces.
ARTICLE 263-1:chanroblesvirtuallawlibrary No other armed corps may
exist in the national territory.
ARTICLE 263-2:chanroblesvirtuallawlibrary All members of the police
and armed forces shall take an oath of allegiance and respect for the
Constitution
and the flag at the time of their enlistment.
CHAPTER ITHE ARMED FORCES
ARTICLE 264:chanroblesvirtuallawlibrary The armed Forces comprise
the Land, Sea and Air Forces and the Technical Services.
The Haitian Armed Forces
are set up to ensure the security and integrity of the territory of the
Republic.
ARTICLE 264-1:chanroblesvirtuallawlibrary The Armed Forces are in
practice commanded by a general officer bearing the title Commander in
Chief of the Haitian Armed Forces.
ARTICLE 264-2:chanroblesvirtuallawlibrary The Commander in Chief of
the Armed Forces, pursuant to the Constitution, is chosen from among
the
general officers on active service.
ARTICLE 264-3:chanroblesvirtuallawlibrary His term is set at three
(3) years and is renewable.
ARTICLE 265:chanroblesvirtuallawlibrary The Armed Forces are
apolitical.
Their members may not be affiliated with any political group or party,
and they must observe the strictest neutrality.
ARTICLE 265-1:chanroblesvirtuallawlibrary Members of the Armed
Forces
exercise their right to vote, under the Constitution.
ARTICLE 266:chanroblesvirtuallawlibrary The duties of the Armed
Forces are:chanroblesvirtuallawlibrary
a. Defend the country in
the event of war;
b. Protect the country against
threats from abroad;
c. See to surveillance of
the land, sea and air boundaries;
d. At the well-founded request
of the Executive, they may land assistance to the police when the
latter
are unable to handle a situation;
e. Assist the Nation in the
event of a natural disaster;
f. In addition to their regular
duties, the Armed Forces may be assigned to development work.
ARTICLE 267:chanroblesvirtuallawlibrary Military personnel on
active
duty may not be appointed to any Government post, except temporarily to
perform a specialized service.
ARTICLE 267-1:chanroblesvirtuallawlibrary To be a candidate for an
elective post, all military personnel on active duty must be laced on
inactive
service or on entirement one (1) year before publication of the
electoral
decree.
ARTICLE 267-2:chanroblesvirtuallawlibrary The military career is a
profession. Its ranking, terms of enlistment, ranks, promotions,
discharges,
and retirement are determined by the regulations of the Haitian Armed
Forces.
ARTICLE 267-3:chanroblesvirtuallawlibrary Military personnel are
under
the jurisdiction of a military court only for offenses and crimes
committed
in wartime or for violations of military discipline.
They may not be discharged,
placed on inactive service, laced on half pay, or retired early except
with their consent. If such consent is not given, the party concerned
may
lodge an appeal with the court of competent jurisdiction.
ARTICLE 267-4:chanroblesvirtuallawlibrary Military personnel retain
for life the last rank obtained in the Haitian Armed Forces. They may
be
deprived of their rank only by a final judgment by a court of competent
jurisdiction.
ARTICLE 267-5:chanroblesvirtuallawlibrary The State must award
benefits
to military personnel of all ranks, fully guaranteeing their physical
security.
ARTICLE 268:chanroblesvirtuallawlibrary Within the framework of
compulsory civilian national services for both sexes, provided for by
Article
52-3 of the Constitution, the Armed Forces participate in organizing
and
supervising that service.
Military service is compulsory
for all Haitians who have attained eighteen (18) years of age.
The law sets the method of
recruitment, and the length and regulations for the performance of
these
services.
ARTICLE 268-1:chanroblesvirtuallawlibrary Every citizen has the
right
to armed self defense, within the bounds of this domicile, but has
noright
to bear arms without express well-founded authorization from the Chief
of Police.
ARTICLE 268-2:chanroblesvirtuallawlibrary Possession of a firearm
must be reported to the police.
ARTICLE 268-3:chanroblesvirtuallawlibrary The Armed Forces have a
monopoly on the manufacture, import, export, use and possession of
weapon
of war and their munitions, as well as war material.
CHAPTER IITHE POLICE FORCES
ARTICLE 269:chanroblesvirtuallawlibrary The Police Force is an
armed
body.
It operates under the Ministry
of Justice.
ARTICLE 269-1:chanroblesvirtuallawlibrary It is established to
ensure
law and order and protect the life and property of citizens.
Its organization and mode
of operation are regulated by law.
ARTICLE 270:chanroblesvirtuallawlibrary The Commander in Chief of
the Police Forces is appointed, in accordance with the Constitution,
for
a three (3) year term, which is renewable.
ARTICLE 271:chanroblesvirtuallawlibrary An Academy and a Police
School have been established, whose organization and operations are set
by law.
ARTICLE 272:chanroblesvirtuallawlibrary Specialized sections,
particularly
the Penitentiary Administration, the Firemen's Service, the Traffic
Police,
the Highway Police, Criminal Investigations, the Narcotics Service and
the Anti-Smuggling Service, have been established by the law governing
the organization, operation and location of the Police Forces.
ARTICLE 273:chanroblesvirtuallawlibrary The police, as an
auxiliary
of the Justice System, investigates violations, offenses and crimes
committed,
in order to discover and arrest the perpetrators of them.
ARTICLE 274:chanroblesvirtuallawlibrary In the exercise of their
duties, members of the "Public Forces" are subject to civil and penal
liability
in the manner and under the conditions stipulated by the Constitution
and
by law.
CHAPTER XIIGENERAL PROVISIONS
ARTICLE 275:chanroblesvirtuallawlibrary National and legal
holidays
shall be celebrated by the Government and private and commercial
enterprises.
ARTICLE 275-1:chanroblesvirtuallawlibrary The national holidays are:chanroblesvirtuallawlibrary
1. Independence Day, January
1;
2. Heroes'Day, january 2;
3. Agriculture and Labor
Day, May 1;
4. Flag Day and University
Day, may 18; and
5. Battle of Vertière
Day, which is also ARMED FORCES DAY, November 18.
ARTICLE 275-2:chanroblesvirtuallawlibrary Legal holidays shall be
determined by law.
ARTICLE 276:chanroblesvirtuallawlibrary The National Assembly may
not ratify any international treaty, convention or agreement containing
clauses contrary to this Constitution.
ARTICLE 276-1:chanroblesvirtuallawlibrary International treaties,
conventions and agreements are ratified in the form of a decree.
ARTICLE 276-2:chanroblesvirtuallawlibrary Once international
treaties
or agreements are approved and ratified in the manner stipulated by the
Constitution, they become part of the legislation of the country and
abrogate
any laws in conflict with them.
ARTICLE 277:chanroblesvirtuallawlibrary The Haitian State may join
an Economic Community of States insofar as the association agreement
stimulates
the social and economic development of the Haitian Republic and does
not
contain any clause contrary to this Constitution.
ARTICLE 278:chanroblesvirtuallawlibrary No place or part of the
territory may be declared in a state of siege except in the event of
civil
war or invasion by a foreign force.
ARTICLE 278-1:chanroblesvirtuallawlibrary The act of the President
of the Republic declaring a state of siege must be countersigned by the
Prime Minister and by all of the Ministers and contain an immediate
convocation
of the National Assembly to decide on the desirability of the measure.
ARTICLE 278-2:chanroblesvirtuallawlibrary The National Assembly
decides
with the Executive Branch as to what constitutional guarantees may be
suspended
in the pàrts of the territory placed under a state of siege.
ARTICLE 278-3:chanroblesvirtuallawlibrary The state of siege is
lifted
if it is not renewed by a vote of the National Assembly every fifteen
(15)
days after its entry into force.
ARTICLE 278-4:chanroblesvirtuallawlibrary The National Assembly
shall
be in session for the entire duration of the state of siege.
ARTICLE 279:chanroblesvirtuallawlibrary Thirty (30) days after his
election, the President of the Republic must deposit with the Clerk of
the Court of First Instance of his domicile a notarized inventory of
all
his movable and immovable goods, and he shall do the same at the end of
his term.
ARTICLE 279-1:chanroblesvirtuallawlibrary The Prime Minister, the
Ministers and Secretaries of State are subject to the same obligation
within
thirty (30) days of their installation and of the termination of their
duties.
ARTICLE 280:chanroblesvirtuallawlibrary No general expenditures
or compensation whatever shall be granted to members of the major
organs
of the State for any special duties that may be assigned to them.
ARTICLE 281:chanroblesvirtuallawlibrary In national elections, the
State assumes responsibility, in proportion to the number of votes
cast,
for a portion of the expenses incurred in the election campaigns.
ARTICLE 281-1:chanroblesvirtuallawlibrary Only parties that obtain
nationally ten percent (100%) of the votes cast, with a minimum of five
percent (5%) of the votes cast in one Department, are eligible to
receive
these Government funds.
TITLE XIIIAMENDMENTS TO THE
CONSTITUTION
ARTICLE 282:chanroblesvirtuallawlibrary On the recommendation,
with
reason given to support it, of one of the two (2) Houses or of the
Executive
Branch, the Legislature may declare that the Constitution should be
amended.
ARTICLE 281-1:chanroblesvirtuallawlibrary This declaration must be
supported by two-thirds (2/3) of each of the two (2) Houses. It may
made
only in the course of the last Regular Session of the Legislative
period
and shall be published immediately throughout the territory.
ARTICLE 283:chanroblesvirtuallawlibrary At the first session of
the following legislature period, the Houses shall meet in a National
Assembly
and decide on the proposes amendment.
ARTICLE 284:chanroblesvirtuallawlibrary The National Assembly may
not sit or deliberate on the amendment unless at least two-thirds (2/3)
of the members of each of the two (2) Houses are present.
ARTICLE 284-1:chanroblesvirtuallawlibrary No decision of the
National
Assembly may be taken without a majority of two-thirds (2/3) of the
votes
cast.
ARTICLE 284-2:chanroblesvirtuallawlibrary The amendment passed may
enter into effect only after installation of the next elected
President.
In no case may the President under the Government that approved the
amendment
benefit from any advantages deriving therefrom.
ARTICLE 284-3:chanroblesvirtuallawlibrary General elections to amend
the Constitution by referendum are strictly forbidden.
ARTICLE 284-4:chanroblesvirtuallawlibrary No amendment to the
Constitution
may effect the democratic and republican nature of the State.
TITLE XIVTEMPORARY
PROVISIONS
ARTICLE 285:chanroblesvirtuallawlibrary The National Council of
Government shall remain in operation up to February 7,1988, the date of
the investiture of the President of the Republic elected under this
Constitution,
in accordance with the electoral timetable.
ARTICLE 285-1:chanroblesvirtuallawlibrary The National Council of
Government is authorized to issue in the Council of Ministers, pursuant
to the Constitution, decrees having the force of law until the Deputies
and Senators elected under this Constitution take up their duties.
ARTICLE 286:chanroblesvirtuallawlibrary Every Haitian who has
adopted
a foreign nationality during the twenty-nine (29) years prior to
February
7, 1986, may, by a declaration made to the Ministry of Justice within
two
(2) years after publication of the Constitution, recover his Haitian
nationality
with the advantages deriving therefrom, in accordance with the law.
ARTICLE 287:chanroblesvirtuallawlibrary In light of the situation
of Haitians that have become expatriates voluntarily or involuntarily
the
deadlines for residence stipulated in this Constitution are extended
for
a full year for the next elections.
ARTICLE 288:chanroblesvirtuallawlibrary When the next elections
are held, the term of the three (3) Senators elected for each
Department
shall be established as follows:chanroblesvirtuallawlibrary
a. The Senator who has received
the largest number of votes shall have a term of six (6) years;
b. The Senator receiving
the second largest number of votes shall have a term of four (4) years;
c. The Senator in third place
shall be elected for two (2) years.
Following this, each elected
Senator shall have a term of six (6) years.
ARTICLE 289:chanroblesvirtuallawlibrary Awaiting the establishment
of the permanent electoral council provided for in this Constitution,
the
National Council of Government shall set up a Provisional Electoral
Council
of nine (9) members, charged with drawing up and enforcing the
Electoral
Law to govern the next elections, who shall be designated as follows:chanroblesvirtuallawlibrary
1. One for the Executive
Branch, who is not an official;
2. One for the Episcopal
Conference;
3. One for the Advisory Council;
4. One for the Supreme Court;
5. One for agencies defending
human rights, who may not be a candidate in the elections;
6. One for the Council of
the University;
7. One for the Journalists
Association;
8. One for the Protestant
religions;
9. One for the National Council
of Cooperatives.
ARTICLE 289-1:chanroblesvirtuallawlibrary Within two weeks following
ratification of this Constitution, the bodies or organizations
concerned
shall inform the Executive of the name of their representative.
ARTICLE 289-2:chanroblesvirtuallawlibrary If any of the above bodies
or organizations does not appoint a member, the Executive shall fill
the
vacancy or vacancies.
ARTICLE 289-3:chanroblesvirtuallawlibrary The mission of the
Provisional
Electoral Council shall end when the President-elect takes office.
ARTICLE 290:chanroblesvirtuallawlibrary The members of the first
Permanent Electoral Council shall divide among them by lot the terms of
nine (9), six (6), and three (3) years, stipulated for replacement of
the
Council by one-third (1/3).
ARTICLE 291: For ten (10)
years following publication of this Constitution, and without prejudice
to any criminal action or civil suit for damages, none of the following
may be candidates for any public office:chanroblesvirtuallawlibrary
a. Any person well known
for having been by his excess zeal one of the architects of the
dictatorship
and of its maintenance during the last twenty-nine (29) years;
b. Any accountant of public
funds during the years of the dictatorship concerning whom there is
presumptive
evidence of unjustified gain;
c. Any person denounced by
public outcry for having inflicted torture on political prisoners or
for
having committed political assassinations.
ARTICLE 292:chanroblesvirtuallawlibrary The Provisional Electoral
Council charged with receiving the registration of candidates, shall
see
to the strict enforcement of this provision.
ARTICLE 293:chanroblesvirtuallawlibrary All decrees expropriating
real property in urban and rural areas of the Republic of the last two
(2) Haitian governments for the benefit of the State or companies in
the
course of incorporation shall be annulled if the purpose for which such
actions were taken has not been attained during the last 10 years.
ARTICLE 293-1:chanroblesvirtuallawlibrary Any individual who was the
victim of confiscation of property or arbitrary dispossession for
political
reasons during the period from October 22, 1957 to February 7,1986 may
recover his property before the court of competent jurisdiction.
In such cases, the procedure
shall be expedited as for emergency matters, and the decision may be
appealed
only to the Supreme Court.
ARTICLE 294:chanroblesvirtuallawlibrary Sentences to death,
personal
restraint or penal service or the loss of civil rights for political
reasons
from 1957 to 1986 shall constitute no impediment to the exercise of
civil
and political rights.
ARTICLE 295:chanroblesvirtuallawlibrary Within six (6) months
starting
from the time the first President elected under the Constitution of
1987
takes office, the Executive Branch is authorized to proceed to carry
out
any reforms deemed necessary in the Government Administration in
general
and in the Judiciary.
TITLE XVFINAL PROVISIONS
ARTICLE 296:chanroblesvirtuallawlibrary All Codes of Law or
Handbooks
of Justice, all laws, all decree laws and all decrees and orders
(Arretès)
currently in force shall be maintained in all matters not contrary to
this
Constitution.
ARTICLE 297: All laws, all
decree laws, all decrees arbitrarily limiting the basic rights and
liberties
of citizens, in particular:chanroblesvirtuallawlibrary
a. The decree law of September
5, 1935 on superstitious beliefs;
b. The law of August 2, 1977
establishing the Court of State Security (Tribunal de la Suretè
de l'Etat).
c. The law of July 28, 1975
placing the lands of the Artibonite Valley in a special status;
d. The law of April 29, 1969
condemning all imported doctrines;
are and shall remain repealed.
ARTICLE 298:chanroblesvirtuallawlibrary This Constitution shall
be published within two weeks of its ratification by referendum. It
shall
enter into force as soon as it is published in the Moniteur, the
Official
Gazette of the Republic.
Given at the Legislative
Palace, in Port-au-Prince, the seat of the Constituent National
Assembly,
on March 10, 1987, in the One Hundred Eighty-Fourth Year of
Independence.chanrobles virtualawlibrary |