La République d'Haïti / Republic of
1987 Constitution de la République
of the Republic of Haiti
Dernière actualisation / Last updated: July 9, 2011
1987 CONSTITUTION OF HAITI
The Haitian people proclaim this constitution in order
Ensure their inalienable and imprescriptible rights to life, liberty and the
pursuit of happiness; in conformity with the Act of Independence of 1804 and the
Universal Declaration of the Rights of Man of 1948.
Constitute a socially just, economically free, and politically independent
Establish a strong and stable State, capable of protecting the country's
values, traditions, sovereignty, independence and national vision.
Implant democracy, which entails ideological pluralism and political rotation
and affirm the inviolable rights of the Haitian people.
Strengthen national unity by eliminating all discrimination between the urban
and rural populations, by accepting the community of languages and culture and
by recognizing the right to progress, information, education, health, employment
and leisure for all citizens.
Ensure the separation and the harmonious distribution of the powers of the
State at the service of the fundamental interests and priorities of the Nation.
Set up a system of government based on fundamental liberties, and the respect
for human rights, social peace, economic equity, concerted action and
participation of all the people in major decisions affecting the life of a
nation, through effective decentralization.
The Republic of Haiti
Its emblem and its symbols
The Republic of Haiti
FIRST ARTICLE:Haiti is an indivisible, sovereign, independent,
cooperatist, free, democratic and social republic.
FIRST ARTICLE-1:The city of Port-au-Prince is the capital and
the seat of government. This seat may be moved elsewhere for reasons of force
ARTICLE 2:The national colors shall be blue and red.
ARTICLE 3:The emblem of the Haitian Nation shall be a flag with
the following description:
a. Two (2) equal sized horizontal bands: a blue one on top and a red one
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:
In Union there is Strength
ARTICLE 4:The national motto is: Liberty; Equality, Fraternity.
ARTICLE 4-1: The national anthem shall be the "Dessalinienne."
ARTICLE 5:All Haitians are united by a common language:
Creole and French are the official languages of the Republic
ARTICLE 6:The monetary unit shall be the gourde, which is
divided into centimes.
ARTICLE 7: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:Use of effigies of deceased persons must be
approved by the Legislature.
Territory of the Haitian Republic
ARTICLE 8:The territory of the Haitian Republic comprises:
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;
b)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
c. The air space over the land sea of the Republic.
ARTICLE 8-1: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:The territory of the Republic is divided and
subdivided into Departments, Arrondissements, Comunes, Quartiers and Comunal
ARTICLE 9-1:The law determines the number and boundaries of
these divisions and subdivisions, and regulates their organization and
ARTICLE 10:The regulations governing Haitian nationality shall
be determined by law.
ARTICLE 11: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:Haitian nationality may be adquired by
ARTICLE 12-1: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: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:Haitian nationality is lost by:
a. Naturalization in a foreign country;
b. Holding a political post in the service of a foreign country;
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:A naturalized Haitian may recover his Haitian
nationality by meeting all of the conditions and formalities imposed on aliens
by the law.
ARTICLE 15:Dual Haitian and foreign nationality is in no case
Basic Rights and Duties of the Citizen
The Nature of the Citizenship
ARTICLE 16:Citizenship entails both civil and political rights.
ARTICLE 16-1:The enjoyment, exercise , suspension and loss of
these rights are regulated by law.
ARTICLE 16-2:The age of majority is eighteen (18) years.
ARTICLE 17:Al Haitians, regardless of sex or marital status,
who have attained twenty-one years of age may exercise their political and civil
rights if the meet the other conditions prescribed by the Constitution and by
ARTICLE 18:Haitians shall be equal before the law, subject to
the special advantages conferred on native-born Haitians who have never
renounced their nationality.
Right to life and Health
ARTICLE 19: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
ARTICLE 20:The death penalty is abolished in all cases.
ARTICLE 21: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, intrusted to his
management, or any violation of the Constitution by those responsible for
ARTICLE 21-1:The crime of high treason is punishable by forced
labor for life without commutation of sentence.
ARTICLE 22:The State recognizes the right of every citizen to
decent housing, education, food and social security.
ARTICLE 23: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.
ARTICLE 24:Individual liberty is guaranteed and protected by
ARTICLE 24-1:No one may be prosecuted, arrested or detained
except in the cases determined by law and in the manner it prescribes.
ARTICLE 24-2: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:For such an order to be carried out, the following
requirements must be met:
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
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 accursed 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: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:No one may be interrogated without his attorney or
a witness of his choice being present.
ARTICLE 26: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
ARTICLE 26-1:In the case of a petty violation, the accursed
shall be referred to a justice of the peace, who shall then hand down a final
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: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: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: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
Freedom of Expression
ARTICLE 28:Every Haitian has the right to express his opinions
freely on any matter by any means he chooses.
ARTICLE 28-1: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: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
ARTICLE 28-3:All offenses involving the press and abuses of the
right of expression come under the code of criminal law.
ARTICLE 29: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:All petitions to the Legislative Branch must give
rise to the regulatory procedure for ruling upon their purpose.
Freedom of Conscience
ARTICLE 30: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:No one may be compelled to belong to a religious
organization or to follow a religious teaching contrary to his convictions.
ARTICLE 30-2:The law establishes the conditions for recognition
and practice of religions and faiths.
Freedom of Aassenbly and Association
ARTICLE 31:Freedom of unarmed assembly and association for
political, economic, social, cultural or any other peaceful purposes is
ARTICLE 31-1:Political parties and groups shall compete with
each other in the exercise of suffrage. They may be established and may carry
outh 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:The police authorities must be notified in advance
of assemblies outdoors in public places.
ARTICLE 31-3:No one may be compelled to join any association of
Education aaand Teaching
ARTICLE 32:The State guarantees the right to education. It sees
to the physical, intellectual, moral, professional, social and civic training of
ARTICLE 32-1: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: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: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:Agricultural, vocational, cooperative and
technical training is a fundamental responsibility of the State and its
ARTICLE 32-5:Preschool and maternal training, as well as
nonformal education are encouraged.
ARTICLE 32-6:Higher education shall be open to all, on an equal
bases, according to merit only.
ARTICLE 32-7: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:The State guarantees that the handicapped and the
gifted shall have the means to ensure their autonomy, education and
ARTICLE 32-9: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:Teachers are entitled to a fair salary.
ARTICLE 33:There shall be freedom of education at all levels.
This freedom shall be exercised under the control of the State.
ARTICLE 34: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
ARTICLE 34-1:This provision does not apply when an educational
establishment is used for the purposes.
Freedom to Work
ARTICLE 35: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
ARTICLE 35-1: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:The State guarantees workers equal working
conditions and wages regardless of their sec, beliefs, opinions and marital
ARTICLE 35-3: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:Unions are essentially nonpolitical, nonprofit,
and nondenominational. No one may be forced to join a union.
ARTICLE 35-5:The right to strike is recognized under the limits
set by law.
ARTICLE 35-6:The minimum age for gainful employment is set by
law. Special laws govern the work of minors and servants.
ARTICLE 36:Private property is recognized and guaranteed. The
law specifies the manner of acquiring and enjoying it, and the limits placed
ARTICLE 36-1: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: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:Ownership also entails obligations. Uses of
property cannot be contrary to the general interest.
ARTICLE 36-4: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: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: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: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:Scientific, literary and artistic property is
protected by law.
ARTICLE 39: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.
Right to Information
ARTICLE 40: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
Right to Security
ARTICLE 41: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:No Haitian needs a visa to leave or return to the
ARTICLE 42: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:Military personnel accused of the crime of high
treason against the country shall be tried in a court of ordinary law.
ARTICLE 42-2:Military courts have jurisdiction only:
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: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: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:Persons detained temporarily awaiting trial must be
held separately from those who are serving sentence.
ARTICLE 44-1:Prisons must be operated in accordance with
standards reflecting respect for human dignity according to the law on this
ARTICLE 45:No penalty may be established except by law nor
applied except in cases that the law determines.
ARTICLE 46:No own 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:No one may be compelled to take an oath except in
the cases and in the manner provided for by law.
ARTICLE 48: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: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:Under the Constitution and the law, a jury is
established in criminal cases for violent crimes and political offenses.
ARTICLE 51:The law may not be made retroactive except in
criminal cases when it favors the accused.
Duties of the Citizen
ARTICLE 52:Citizenship entails civic duties. Every right is
counterbalanced by a corresponding duty.
ARTICLE 52-1:Civic duties are the citizen's moral, political,
social and economic obligations as a hole to the State and the country. These
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:Failure to abide by these provisions shall be
punishable by law.
ARTICLE 52-3:Compulsory civic service for both sexes is
established. The terms thereof shall be set by law.
ARTICLE 53:The conditions under which aliens may be admitted to
or remain in the country are established by law.
ARTICLE 54:Aliens in the territory of the Republic shall enjoy
the same protection accorded to Haitians, under the law.
ARTICLE 54-1: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: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: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
ARTICLE 55-2: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:No alien may be the owner of a building bounded by
the Haitian land order.
ARTICLE 55-4:The right terminates five(5) years after an alien
ceases to reside in the country or the operation of this companies have
terminates, pursuant to the law establishing regulations to be followed for the
transmission and liquidation of property owned by aliens.
ARTICLE 55-5:Violators of the above provisions and their
accomplices shall be punished as provided for in the law.
ARTICLE 56: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:The right to asylum for political refugees is
ARTICLE 58:National sovereignty is vested in all citizens.
Citizens directly exercise the prerogatives of sovereignty by:
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:Citizens delegate the exercise of national
sovereignty to three (3) branches of government:
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
ARTICLE 59-1:The Three (3) branches constitute the essential
foundation of the organization of the State, which is civil.
ARTICLE 60:Each branch is independent of the other two (2) in
the powers it exercises separately.
ARTICLE 60-1: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:Each of the Three (3) branches is entirely
responsible for its own acts.
Territorial Divisions And Decentralization
ARTICLE 61:The territorial divisions are the Communal Sections,
the Communes and the Departments.
ARTICLE 61-1:The law may create any other territorial division.
ARTICLE 62:The CommunalSection is the smallest administrative
territorial entity of the Republic.
ARTICLE 63: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:The Administrative Council of the Communal Section
is assisted in its work by an Assembly of the Communal Section.
ARTICLE 64: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:Members of the Administrative Council of the
Communal Section must:
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:
c. Enjoy civil and political rights and never been sentenced to death,
personal restraint or penal servitude or the loss of civil rights.
ARTICLE 66: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:The President of the council is assisted in its
work by a Municipal Assembly composed among others, of a representative of each
of its Communal sections.
ARTICLE 67:The Municipal Council is assisted in its work by a
Municipal Assembly composed, among others, of a representative of each of its
ARTICLE 68:The Municipal term is four (4) years, and its
members may be re-elected for an indefinite number of terms.
ARTICLE 69:The mode of organization and operation of the
Commune and the Municipal Council are regulated by law.
ARTICLE 70:Members of a Municipal Council must:
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 term.
ARTICLE 71:Each Municipal Council is assisted at its request by
a Technical Council furnished by the Central Government.
ARTICLE 72:The Municipal Council may be dissolved for
negligence, embezzlement, or maladministration, legally determined by a court of
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: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: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.
ARTICLE 75:The Arrondissement is an administrative division
that may comprise several Communes. Its organization and operations are governed
ARTICLE 76:The Department is the largest territorial division.
It comprises the Arrondissements.
ARTICLE 77:The Department has legal personality and is
ARTICLE 78:Each Department is administered by a Council of
three (3) members elected for four (4) years by the Departmental Assembly.
ARTICLE 79:Members of the Departmental Council are not
necessarily drawn from the Assembly, but they must:
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:The departmental Council is assisted in its work by
a Departmental Assembly made up of:
One (1) representative form each Municipal Assembly.
ARTICLE 80-1:The following may attend Assembly meetings in an
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:The Departmental Council draws up the Department's
development plan in cooperation with the Central Government.
ARTICLE 82:The organization and operations of the Departmental
Council and the Departmental Assembly are regulated by law.
ARTICLE 83: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:The Departmental Council may be dissolved in the
event of embezzlement or maladministration legally determined by a court of
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.
Delegates and Vice Presidents
ARTICLE 85: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
ARTICLE 86: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.
ARTICLE 87: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:This Representative chosen form among the members
of the Departmental Assemblies serves as liaison between the Department and the
ARTICLE 87-2: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
ARTICLE 87-3: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: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: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.
The Legislative Branch
ARTICLE 88:Legislative power shall be vested in two (2)
representative Houses. One (1) House of Deputies and one (1) Senate, comprising
the Legislature or Parliament.
The House of Deputies
ARTICLE 89: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
ARTICLE 90: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
Pending application of the above subparagraphs, the number of Deputies may
not be fewer than seventy (70).
ARTICLE 90-1: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:To be elected a member of the House of Deputies, a
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
6. Have been relieved, if need be, of his responsibilities as a manager of
ARTICLE 92:Deputies are elected for four (4) years and may be
reelected an indefinite number of times.
ARTICLE 92-1:The take office on the second Monday of January,
and sit in two (2) annual meetings. The duration of their term comprises a
ARTICLE 92-2: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:The House of Deputies is completely replaced every
four (4) years.
ARTICLE 93: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 this members. The other powers of the House of Deputies are
assigned by the Constitution and by law.
ARTICLE 94: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:The number of Senators is set at three (3) per
ARTICLE 94-2: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:Senators are elected for six (6) years and may be
reelected an indefinite number of times.
ARTICLE 95-1:The Senate is permanently session.
ARTICLE 95-2: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:One-third (1/3) of the Senate is replaced every
two (2) years.
ARTICLE 96:To be elected to the Senate, a person must:
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
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
ARTICLE 97:In addition to the responsibilities incumbent upon
it as a branch of the Legislature, the Senate shall have the following powers:
1. To propose to the Executive the list of Supreme Court (Cour 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.
The National Assembly
ARTICLE 98:The meeting in a single Assembly of the two (2)
branches of the Legislature constitutes the National Assembly.
ARTICLE 98-1:The National Assembly meets to open and close each
session and in all cases provided for by the Constitution.
ARTICLE 98-2:The powers of the National Assembly are limited
and may not be extended to matters other than those especially assigned to it by
ARTICLE 98-3:The Assembly's powers are:
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
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
ARTICLE 99: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: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:In the event the two (2) Presidents are unable to
discharge their duties, the two (2) Vice-Presidents shall replace them,
ARTICLE 100: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
ARTICLE 101:In emergencies, when the Legislature is not in
session, the Executive Branch may call a special session of the National
ARTICLE 102:The National Assembly may not meet or take
decisions and pass resolutions without a majority of each of the two (2) Houses
ARTICLE 103: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.
Exercise of Legislative Power
ARTICLE 104:A session of the Legislature dates from the opening
of the two (2) Houses meeting as the National Assembly.
ARTICLE 105:In the interval between regular sessions and in
emergencies, the President of the Republic may call a special session of the
ARTICLE 106:The Chief of the Executive Branch reports on that
measure by a message.
ARTICLE 107:In the event the Legislature is convened in special
session, it may not decide on any matter other than that for which it was
ARTICLE 107-1:However, any Senator or Deputy may introduce a
matter of general interest in an Assembly of which he is a member.
ARTICLE 108:Each House checks and validates the credentials of
its members and is the final judge of any disputes that may arise in this
ARTICLE 109:The members of each House shall take the following
"I swear to discharge my duties, to maintain and safeguard the rights of the
people, and to be faithful to the Constitution".
ARTICLE 110: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:The Legislature takes the laws on all matters of
ARTICLE 111-1:Laws may be initiated by each of the two (2)
Houses as well as by the Executive Branch.
ARTICLE 111-2: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: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: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: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: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: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:In no case may the House of Deputies or the
Senate be dissolved or adjourned, nor shall the terms of their members be
ARTICLE 112: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: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: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: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: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:No member of the Legislature shall be subject to
civil imprisonment during his term of office.
ARTICLE 115: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
ARTICLE 116:Neither of the two (2) Houses may sit or take
action without the presence of a majority of its members.
ARTICLE 117:All acts of the Legislature must be approved by a
majority of the members present, unless otherwise stipulated in this
ARTICLE 118:Each House has the right to investigate matters
brought before it.
ARTICLE 119:All bills must be voted on article by article.
ARTICLE 120: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:Any bill may be withdrawn from discussion so long
as it has not been finally voted upon.
ARTICLE 121: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: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
ARTICLE 121-2:If the bill thus amended is voted on by the
second House, it will be sent back to the President of the Republic for
ARTICLE 121-3:If the objection are rejected by the House that
originally passed the bill, it shall be returned to the other House with the
ARTICLE 121-4: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: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:If in either House the Majority stipulated in the
preceding paragraph is not obtained for the rejection, the objections are
ARTICLE 122: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:If within the prescribed deadline, the President of
the Republic has made expiration, 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:A bill rejected by one of the two (2) Houses may
not be introduced again in the same session.
ARTICLE 125: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 Officiel) of the Republic.
ARTICLE 125-1:Bills shall be numbered and included in the
printed and numbered bulletin entitled BULLETIN OF LAWS AND ACTS.
ARTICLE 126:The bill is dated on the day of it final adoption
by the two (2) Houses.
ARTICLE 127:No one may submit petitions in person to the
ARTICLE 128:Only the Legislature Branch has the authority to
interpret laws, which it does by passing a law.
ARTICLE 129:Each member of the Legislature receives a monthly
stipend from the time he takes oath.
ARTICLE 129-1:Service as a member of the Legislature is
incompatible with any other duty remunerated by the State, except that of
ARTICLE 129-2: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: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: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:The president must accept that resignation and
appoint new Primer Minister, pursuant to the provisions of this Constitution.
ARTICLE 129-6: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: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:The election shall take place within thirty (30)
days after convocation of the Primary Assembly, pursuant to the Constitution.
ARTICLE 130-2: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:However, if the vacancy occurs during the last
regular session of the Legislature or after that session, a by-election may not
ARTICLE 131:The following may not be elected members of the
1. Government concessionnaires or contractors for the performance of public
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
4. Any person who comes under the other cases of ineligibility stipulates by
this Constitution and by law.
ARTICLE 132: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.
The Executive Branch
ARTICLE 133:The Executive power is vested in:
a. The President of the Republic, who is the Head of State.
b. The Government, which is headed by a Prime Minister.
The President of the Republic
ARTICLE 134: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:The term of the President is five (5) years. This
term begins and ends on the February 7 following the date of the elections.
ARTICLE 134-2:Presidential election shall take place the last
Sunday of November in the fifth year of the President's term.
ARTICLE 134-3: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:To be elected President of the Republic of Haiti, a
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
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
ARTICLE 135-1: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".
Duties of the President of the Republic
ARTICLE 136: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: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:The President of the Republic shall terminate the
duties of the Prime Minister upon the letter's submission of the Government's
ARTICLE 138:The President of the Republic is the guarantor of
the nation's independence and the integrity of its territory.
ARTICLE 139:He shall negotiate and sign all international
treaties, conventions and agreements and submit them to the National Assembly
ARTICLE 139-1: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:He declares war, and negotiates and signs peace
treaties with the approval of the National Assembly.
ARTICLE 141: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
ARTICLE 142: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
ARTICLE 143:The President of the Republic is the nominal head
of the armed forces, but he never commands them in person.
ARTICLE 144: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:He sees to the enforcement of judicial decisions,
pursuant to the law.
ARTICLE 146:The President of the Republic has the right to
perform and commute sentences in all res judica cases, except for sentences
handed down by the High Court of Justice as stipulated in this Constitution.
ARTICLE 147:He may grant amnesty only for political matters as
stipulated by law.
ARTICLE 148: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
ARTICLE 149: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:The acting President may in no case be a
candidate in the next Presidential election.
ARTICLE 150:The President of the republic shall have no powers
other than those accorded to him by the Constitution.
ARTICLE 151: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:The President of the Republic shall receive a
monthly salary from the Public Treasury upon taking the oath of office.
ARTICLE 153: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:The President of the Republic presides over the
Council of Ministers.
ARTICLE 155:The Government is composed of the Prime Minister,
the Ministers and Secretaries of State. The Prime Minister is the head of the
ARTICLE 156:The Government conducts the policy of the Nation.
It is responsible before Parliament under the terms stipulated by the
ARTICLE 157:To be appointed Prime Minister, a person must:
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
Powers of The Prime Minister
ARTICLE 158: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: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:In concert with the President of the Republic, he
is responsible for national defense.
ARTICLE 160: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: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: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: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: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: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.
The Ministers and Secretaries of State
ARTICLE 166: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:The number of Ministers is set by law.
ARTICLE 168:Holding a ministerial post is incompatible with the
exercise of all other public employment, except for higher education.
ARTICLE 169:Ministers are responsible for the acts of the Prime
Minister that they countersign. They are jointly responsible for enforcement of
ARTICLE 169-1: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:The Prime Minister, the Ministers and the
Secretaries of State receive monthly salaries established by the Budgetary law.
ARTICLE 171: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: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.
ARTICLE 173:The Judicial Power shall be vested in the Supreme
Court (Cour 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:Civil rights cases are exclusively the competence
of the courts.
ARTICLE 173-2:No court and no jurisdiction in disputed matters
may be established except by law. No special court may be established under any
ARTICLE 174: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: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
ARTICLE 176:The law regulates the conditions required for
serving as a judge at any level. A School of the Magistrature shall be
ARTICLE 177: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: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
ARTICLE 178-1: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 from 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:The duties of a judge are incompatible with any
other salaried duties, except for education.
ARTICLE 180: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:Sentences may not be delivered in closed session
in cases of political offenses or offenses involving the press.
ARTICLE 181:All order or judgments shall state the grounds for
the decision and shall be handed down in a public hearing.
ARTICLE 181-1: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
ARTICLE 182:The Supreme Court rules on both fact and law in all
cases of decisions handed down by military courts.
ARTICLE 183:When litigation is referred to it, the Supreme
Court, sitting as a full Court, shall rule on the unconstitutionality of the
ARTICLE 183-1: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:The Courts shall apply Government decrees and
regulations only insofar as they are in conformity with the law.
ARTICLE 184:The law determines the jurisdiction of the courts
and tribunals, and regulates the manner of preceedings before them.
ARTICLE 184-1: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.
The High Court of Justice
ARTICLE 185: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:The House of Deputies, by a majority of two-thirds
(2/3) of its members, shall indict:
a. The President of the Republic for the crime of high treason or any other
crime or offense committed in the discharge of 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: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: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: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:The High Court of Justice shall not sit unless a
majority of two-thirds (2/3) of its members are present.
ARTICLE 189-1: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: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: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.
The Permanent Electoral Council
ARTICLE 191: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
ARTICLE 191-1:The Council also drafts the Electoral Bill that
it submits to the Executive Branch for the necessary purposes.
ARTICLE 191-2:The Council sees to it that the electoral lists
are kept up-to-date.
ARTICLE 192:The Permanent Electoral Council consists of nine
(9) members chosen from a list of three (3) names proposed by each of the
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:Members of the Permanent Electoral Council must:
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
5. Have resided in the country at least three (3) years before their
ARTICLE 194:Members of the Permanent Electoral Council are
appointed for a nine (9) year nonrenovable period. They may not be removed from
ARTICLE 194-1:One-third of the members of the Permanent
Electoral Council are replaced every three (3) years. The President is chosen
form among its members.
ARTICLE 194-2: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
ARTICLE 195: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:The seat of the Permanent electoral Council is in
the capital. Its jurisdiction extends throughout the territory of the Republic.
ARTICLE 196: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:The Permanent Electoral Council shall rule on all
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:In the event of a vacancy caused by a 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:The law determines the rules for organization and
operation of the Permanent Electoral Council
The Superior Court of Auditors and Administrative
ARTICLE 200: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: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:Its decisions ate not subject to appeal, except
to the Supreme Court.
ARTICLE 200-3:the Supreme Court of Auditors and Administrative
Disputes comprises two (2) sections:
1. The Financial Control Section
2. The Administrative Disputes Section.
ARTICLE 200-4: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:Members of the Superior Court of auditors and
Administrative Disputes must:
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
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: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:Court members have a ten (10) year term and may not
ARTICLE 202: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:
"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
ARTICLE 203: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: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:The organization of the above-mentioned court, its
membership regulations and its mode of operation are established by law.
The Conciliation Comission
ARTICLE 206: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:
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;
e . The Vice President of the Permanent electoral Council - Member;
f. Two (2) members designated by the President of the Republic - Member.
ARTICLE 206-1:The mode of operation of the Conciliation
Commission is determined by law.
Protection of Citizens
ARTICLE 207:An office known as the OFFICE OF CITIZEN PROTECTION
is established to protect all individuals against any form of abuse by the
ARTICLE 207-1: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:His intervention on behalf of any complainant is
without charge, whatever the court having jurisdiction might be.
ARTICLE 207-3:A law sets the conditions and regulations for the
operation of the Office of Citizen Protection.
The UniversityY - The Academy - Culture
ARTICLE 208:Higher education is free. it is provided by the
University of the Haitian State (Univertité d'État d'Haiti), which is autonomous
and by the superior public schools and the superior private schools accredited
by the State.
ARTICLE 209: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
ARTICLE 210:The Establishment of research centers must be
ARTICLE 211: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
ARTICLE 211-1: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:An organic law regulates the establishment,
location and operation of university and public and private superior schools in
ARTICLE 213:A Haitian Academy shall be established to
standardize the Creole language and enable it to develop scientifically and
ARTICLE 213-1:Other academies may be established.
ARTICLE 214:The title Academy Member is purely honorific.
ARTICLE 214-1:The law shall determine the mode of organization
and operation of academies.
ARTICLE 215:Archaeolical, historical, cultural, folklore and
architectural treasures in the country, which bear witness to the grandeur 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
ARTICLE 216:The law determines special conditions for this
protection in each sphere.
ARTICLE 217: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: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
ARTICLE 219:No preferential tax treatment may be established.
No tax exemption, increase, decrease or elimination may be established except
ARTICLE 220: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: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:Procedures for preparation of the budget and its
execution are determined by law.
ARTICLE 223:Enforcement of the Law on the Budget and on Public
Accounts is monitored by the Superior Court of Auditors and Administrative
Disputes and by the Budget Office.
ARTICLE 224:National monetary policy is set by the Central Bank
jointly with the Minister of Economics and Finance.
ARTICLE 225:An autonomous public agency with legal personality
and financial autonomy performs the functions of a Central Bank. Its regulations
are determined by law.
ARTICLE 226: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:The budget of each Ministry is divided into
chapters and sections, and must be voted upon article by article.
ARTICLE 227-1:Amounts to 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: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:The General accounts and budgets stipulated in
the receding 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
ARTICLE 227-4:The Government fiscal year begins on October 1 of
each year and ends on September 30 of the following year.
ARTICLE 228:Each year the Legislature issues:
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: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:No increase or reduction may be made in the
allocation of Government funds, except by amendment of the laws relating
ARTICLE 229: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: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: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: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:Autonomous agencies and enterprises and entities
subsidized 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:For the purpose of maintaining constant and careful
supervision 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
The Civil Service
ARTICLE 234: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: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:The law establishes the organization of the various
Government structures and stipulates the conditions for their operation.
ARTICLE 236-1:The law shall regulate the civil service on the
basis of aptitude, merit and conduct. It shall guarantee security of employment.
ARTICLE 236-2: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
ARTICLE 237: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: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:Government employees and officials may form
associations to defend their rights under the conditions established by law.
ARTICLE 240: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 Council are not eligible for the Government career service.
ARTICLE 241: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: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
ARTICLE 243: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
ARTICLE 244:The State has the duty to avoid major salary
disparities in the civil service.
Economics and Agriculture
ARTICLE 245: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: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
ARTICLE 247: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: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 aimed at the
protection and management of the land.
ARTICLE 248-1:The law determines the minimum and maximum area
of basic farm units.
ARTICLE 249:The State has the obligation to establish the
structures necessary to ensure 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: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: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 majeure.
ARTICLE 252: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
ARTICLE 253: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:the State shall organize the enhancement of natural
sites to ensure their protection and make them accessible to all.
ARTICLE 255:To protect forest reserves and expand the plant
coverage, the State encourages the development of local sources of energy:
solar, wind and others.
ARTICLE 256: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:The law specifies the conditions for protecting
flora and fauna, and punishes violations thereof.
ARTICLE 258:No one may introduce into the country wates or
residues of any kind from foreign sources.
ARTICLE 259:The State protects the family, which is the
foundation of society.
ARTICLE 260: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:The law ensures protection for all children. Any
child is entitled to love, affection, understanding and moral and physical care
grow its father and mother.
ARTICLE 262: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.
The Armed Forces and the Police Force
ARTICLE 263:The "Public Forces "la Force Publique) are composed
of two (2) distinct bodies:
a. The Armed Forces of Haiti, and
b. The Police Forces.
ARTICLE 263-1:No other armed corps may exist in the national
ARTICLE 263-2: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.
The Armed Forces
ARTICLE 264: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:The Armed Forces are in practice commanded by a
general officer bearing the TITLE COMMANDER IN CHIEF OF THE HAITIAN ARMED
ARTICLE 264-2:The Commander in Chief of the Armed Forces,
pursuant to the Constitution, is chosen from among the general officers on
ARTICLE 264-3:His term is set at three (3) years and is
ARTICLE 265:The Armed Forces are apolitical. Their members may
not be part of any political group or party, and they must observe the strictest
ARTICLE 265-1:Members of the Armed Forces exercise their right
to vote, under the Constitution.
ARTICLE 266:The duties of the Armed Forces are:
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
ARTICLE 267:Military personnel on active duty may not be
appointed to any Government post, except temporarily to perform a specialized
ARTICLE 267-1: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: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: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, placed 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: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:The State must award benefits to military
personnel of all ranks, fully guaranteeing their physical security.
ARTICLE 268: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
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:Every citizen has the right to armed self
defense, within the bounds of this domicile, but has no right to bear arms
without express well-founded authorization from the Chief of Police.
ARTICLE 268-2:Possession of a firearm must be reported to the
ARTICLE 268-3: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.
The Police Forces
ARTICLE 269:The Police Force is an armed body.
It operates under the Ministry of Justice.
ARTICLE 269-1: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:The Commander in Chief of the Police Forces is
appointed, in accordance with the Constitution, for a three (3) year term, which
ARTICLE 271:An Academy and a Police School have been
established, whose organization and operations are set by law.
ARTICLE 272: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:The police, as an auxiliary of the Justice System,
investigate violations, offenses and crimes committed, in order to discover and
arrest the perpetrators of them.
ARTICLE 274: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.
ARTICLE 275:National and legal holidays shall be celebrated by
the Government and private and commercial enterprises.
ARTICLE 275-1:The national holidays are:
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 Vertières'õ Day, which is also ARMED FORCES DAY, November 18.
ARTICLE 275-2:Legal holidays shall be determined by law.
ARTICLE 276:The National Assembly may not ratify any
international treaty, convention or agreement containing clauses contrary to
ARTICLE 276-1:International treaties, conventions and
agreements are ratified in the form of a decree.
ARTICLE 276-2: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
ARTICLE 277: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
ARTICLE 278: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
ARTICLE 278-1: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: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: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
ARTICLE 278-4:The National Assembly shall be in session for the
entire duration of the state of siege.
ARTICLE 279: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: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: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: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:Only parties that obtain nationally ten percent
(10%) 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.
Amendments to the Constitution
ARTICLE 282: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: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:At the first session of the following legislature
period, the Houses shall meet in a National Assembly and decide on the proposed
ARTICLE 284: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:No decision of the National Assembly may be taken
without a majority of two-thirds (2/3) of the votes cast.
ARTICLE 284-2: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
ARTICLE 284-3:General elections to amend the Constitution by
referendum are strictly forbidden.
ARTICLE 284-4:No amendment to the Constitution may effect the
democratic and republican nature of the State.
ARTICLE 285: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
ARTICLE 285-1: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: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: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
ARTICLE 288:When the next elections are held, the term of the
three (3) Senators elected for each Department shall be established as follows:
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: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:
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
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: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:If any of the above bodies or organizations does
not appoint a member, the Executive shall fill the vacancy or vacancies.
ARTICLE 289-3:The mission of the Provisional Electoral Council
shall end when the President-elect takes office.
ARTICLE 290: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 thirds (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;
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 again;
c. Any person denounced by public outcry for having inflicted torture on
political prisoners or for having committed political assassinations.
ARTICLE 292:The Provisional Electoral Council charged with
receiving the registration of candidates, shall see to the strict enforcement of
ARTICLE 293: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: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: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: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.
ARTICLE 296:All Codes of Law or Handbooks of Justice, all laws,
all decree laws and all decrees and orders (Arrêtés) 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:
a. The decree law of September 5, 1935 on supertitious beliefs;
b. The law of August 2, 1977 establishing the Court of State Security
(Tribunal de la Sureté de l'État).
c. The law of July 28, 1975 placing the lands of the Artibonite Valley in a
d. The law of April 29, 1969 condemning all imported doctrines;
Are and shall remain repealed.
ARTICLE 298: 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
Source / Fuente: Embassy
of Haiti in Washington, DC