La République d'Haïti / Republic of Haiti     1987 Constitution de la République d'Haïti     1987 Constitution of the Republic of Haiti

The Haitian people proclaim this constitution in order to:

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 Haitian nation.

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.

a. Two (2) equal sized horizontal bands: a blue one on top and a red one underneath;

b. The coat of arms of the Republic are: a Palette surmounted by the liberty cap, and under the palms a trophy with the legend:

In Union there is Strength

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 Antilles;

c. The air space over the land sea of the Republic.

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.

The Nature of the Citizenship

a. It must formally state the reason in Creole and in French for the arrest or detention and the provision of the law that provides for punishment of the act charged.

b. Legal notice must be given and a copy of the order must be left with the accused at the time of its execution;

c. The 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.

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.

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.

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.

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.

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.

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.

1. The Legislative Branch;

2. The Executive Branch;

3. The Judicial Branch.

The principle of separation of the Three (3) branches is embodied in the Constitution.

Their mode of organization and operation is regulated by law.

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.

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.

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.

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.

One (1) representative form each Municipal Assembly.

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.

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.

Other duties of delegates and Vice Delegates are determined by law.

The law sets up to three (3) the number of Deputies at the level of large built-up areas.

Pending application of the above subparagraphs, the number of Deputies may not be fewer than seventy (70).

1. Be a native Haitian and have never renounced his nationality;

2. Have attained twenty-five (25) years of age;

3. Enjoy civil and political rights and never have been sentenced to death, personal restraint or penal servitude or the loss of civil rights for any crime of ordinary law;

4. Have resided at least two (2) consecutive years prior to the date of the elections in the electoral district he is to represent;

5. Own at least one real property in the district and practice a profession or trade;

6. Have been relieved, if need be, of his responsibilities as a manager of public funds.

In emergencies, the Executive may also convene the Senate before the end of the adjournment period.

1. Be a native-born Haitian and never have renounced his nationality;

2. Have attained thirty (30) years of age;

3. Enjoy civil and political rights and never have been sentenced to death, personal restraint or penal servitude or the loss of civil rights for a crime of ordinary law;

4. Have resided in the Department he will represent, at least four (4) consecutive years prior to the date of the elections;

5. Own at least one (1) real property in the Department and practice a profession or trade there;

6. Have been relieved, if need be, of his responsibilities as a manager of public funds.

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.

1. To receive the constitutional oath of the President of the Republic;

2. To ratify any decision to declare war when all efforts at conciliation have failed;

3. To approve or reject international treaties and conventions;

4. To amend the Constitution according to the procedure indicated herein;

5. To ratify decisions of the Executive to move the seat of the Government in cases determined by the first article of this Constitution;

6. To decide on when a state of siege shall be declared, to order with the Executive that Constitutional guarantees shall be suspended, and to decide on any request to renew that measure;

7. To contribute to selecting members of the Permanent Electoral Council, pursuant to article 92 of this Constitution;

8. To receive at the opening of each session the report on the Government's activities.

"I swear to discharge my duties, to maintain and safeguard the rights of the people, and to be faithful to the Constitution".

1. Government concessionnaires or contractors for the performance of public services;

2. Representatives or agents of Government contractors or concessionnaires, or companies or corporations that have Government concessions or contracts;

3. Delegated, Vice Delegates, judges, and officers of the Public Prosecutor's Office whose duties have not terminated six (6) months before the date set for the elections;

4. Any person who comes under the other cases of ineligibility stipulates by this Constitution and by law.

a. The President of the Republic, who is the Head of State.

b. The Government, which is headed by a Prime Minister.

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.

a. Be a native-born Haitian and never have renounced Haitian nationality;

b. Have attained thirty-five (35) years of age by the election day;

c. Enjoy civil and political rights and never have been sentenced to death, personal restraint or penal servitude or the loss of civil rights for a crime of ordinary law;

d. Be the owner in Haiti of at least one real property and have his habitual residence in the country;

e. Have resided in the country for five (5) consecutive years before the date of the elections;

f. Have been relieved of this responsibilities if he has been handling public funds.

In either case, the President's choice must be ratified by the Parliament.

He also appoints, with the approval of the Senate, Administrative Councils of Autonomous Agencies.

1. Be a native-born Haitian, and never have renounced Haitian nationality;

2. Have attained thirty (30) years of age;

3. Enjoy civil and political rights and never have been sentenced to death, personal restraint or penal servitude or the loss of civil rights;

4. Own real property in Haiti and practice a profession there;

5. Have resided in the county for five (5) consecutive years;

6. Have been relieved of his responsibilities if he has been handling public funds.

In the event of a vote of nonconfidence by one of the two (2) Houses, the procedure shall be repeated.

When he deems it necessary, the Prime Minister may appoints Secretaries of State to the Ministers.

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).

"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".

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.

1. Be native-born Haitians;

2. Have attained forty (40) years of age;

3. Enjoy civil and political rights and never have been sentenced to death, personal constraint or penal servitude or the loss of civil rights;

4. Have been relieved of their responsibilities if they have been handling public funds;

5. Have resided in the country at least three (3) years before their nomination.

"I swear to respect the Constitution and the provisions of the Electoral Law and to discharge my duties with dignity, independence, impartiality and patriotism."

In the event of dismissal, a member of the Council must wait three (3) years before he may run for an elective post.

1. The Financial Control Section

2. The Administrative Disputes Section.

a. Be Haitians and never have renounced their nationality;

b. Have attained thirty-five (35) years of age;

c. Have been relieved of their responsibilities of they have been handling public funds;

d. Have a Bachelor of Law degree, be a certified public accountant or hold an advanced degree in government administration, economics or public finance;

e. Have five (5) years experience in public or private administration;

f. Enjoy civil and political rights.

"I swear to respect the Constitution and the laws of the Republic, to discharge my duties properly and loyally and to conduct myself at all times with dignity".

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.

No tax exemption, increase, decrease or elimination may be established except by law.

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.

This Committee may engage the services of specialists to assist it with its monitoring functions.

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.

a. The Armed Forces of Haiti, and

b. The Police Forces.

The Haitian Armed Forces are set up to ensure the security and integrity of the territory of the Republic.

a. Defend the country in the event of war;

b. Protect the country against threats from abroad;

c. See to surveillance of the land, sea and air boundaries;

d. At the well-founded request of the Executive, they may land assistance to the police when the latter are unable to handle a situation;

e. Assist the Nation in the event of a natural disaster;

f. In addition to their regular duties, the Armed Forces may be assigned to development work.

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.

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.

It operates under the Ministry of Justice.

Its organization and mode of operation are regulated by law.

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.

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.

1. One for the Executive Branch, who is not an official;

2. One for the Episcopal Conference;

3. One for the Advisory Council;

4. One for the Supreme Court;

5. One for agencies defending human rights, who may not be a candidate in the elections;

6. One for the Council of the University;

7. One for the Journalists Association;

8. One for the Protestant religions;

9. One for the National Council of Cooperatives.

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.

In such cases, the procedure shall be expedited as for emergency matters, and the decision may be appealed only to the Supreme Court.

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 special status;

d. The law of April 29, 1969 condemning all imported doctrines;

Are and shall remain repealed.

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Given at the Legislative Palace, in Port-au-Prince, the seat of the Constituent National Assembly, on March 10, 1987, in the One Hundred Eighty-Fourth Year of Independence.

Source / Fuente: Embassy of Haiti in Washington, DC