Constitution of the Republic of Haiti: 1987 Amended in 2011 (First part)

ARTICLE 1:

Haïti is a Republic, indivisible, sovereign, independent, cooperative, free, democratic and social.

See as well

ARTICLE 1 - 1:

The city of Port-au-Prince is its Capital and the seat of its Government. This seat may: be moved in case of force majeure.

ARTICLE 2:

The national colors are: blue and red.

ARTICLE 3:

The emblem of the Haitian Nation is the Flag which meets the following description:

a) Two (2) strips of fabric of equal dimensions: one blue at the top, the other red at the bottom, placed horizontally;

b) In the center, on a square of white fabric, are arranged the Arms of the Republic;

c) The Arms of the Republic are: The Palm Tree surmounted by the Bonnet of Liberty and, shading with its Palms, a Trophy of Arms with the Legend: Union makes Strength.

ARTICLE 4:

The national motto is: Liberty - Equality - Fraternity.

ARTICLE 4.1:

The National Anthem is: La Dessalinienne.

ARTICLE 5:

All Haitians are united by a common language: Creole. - Creole and French are the official languages ​​of the Republic.

ARTICLE 6:

The national monetary unit is: The GOURDE. It is divided into: centimes.

ARTICLE 7:

The cult of personality is strictly prohibited. Effigies, names of living people cannot appear on currency, stamps, vignettes. The same applies to public buildings, streets and works of art.

ARTICLE 7.1:

The use of an effigy of a deceased person must obtain the approval of the National Assembly.

ARTICLE 8:

The territory of the Republic of Haïti includes:

a) The Western part of the Island of Haïti as well as the adjacent Islands: La Gonâve, La Tortue, Ile à Vache, Les Cayemittes, La Navase, La Grande Caye and the other islands of the Territorial Sea; It is limited to the East by the Dominican Republic, to the North by the Atlantic Ocean, to the South and West by the Caribbean Sea or Antilles Sea.

b) The territorial sea and the exclusive economic zone;

c) The air environment overlooking the Land and Maritime part.

ARTICLE 8.1:

The Territory of the Republic of Haïti is inviolable and may not be alienated in whole or in part by any Treaty or Convention.

ARTICLE 9:

The Territory of the Republic is divided and subdivided into Departments, Arrondissements, Communes, Neighborhoods and Communal Sections.

ARTICLE 9.1:

The Law determines the number and limits of these divisions and subdivisions and regulates their organization and operation. TITLE II HAITIAN NATIONALITY

ARTICLE 10:

The rules relating to Haitian Nationality are determined by Law.

ARTICLE 11:

Has Haitian Nationality of origin, any individual born of a Haitian father or a Haitian mother who themselves were born Haitian and had never renounced their nationality at the time of birth.

ARTICLE 12:

Haitian Nationality may be acquired through naturalization.

ARTICLE 12.1:

Any foreigner after five (5) years of continuous residence in the Territory of the Republic may obtain Haitian nationality through naturalization, in accordance with the rules established by Law.

ARTICLE 12.2:

Haitians by naturalization are allowed to exercise their right to vote, but they must wait five (5) years after the date of their naturalization to be eligible or occupy public functions other than those reserved by the Constitution and by the Law for Haitians of origin.

ARTICLE 13:

Haitian Nationality is lost by:

a) Naturalization acquired in a foreign country;

b) The occupation of a political position in the service of a Foreign Government;

c) The continuous residence abroad for three (3) years of a foreign individual naturalized Haitian without an authorization regularly granted by the competent Authority. Whoever thus loses Haitian nationality, cannot recover it.

ARTICLE 14:

A Haitian naturalized in a foreign country can recover his Haitian nationality, by fulfilling all the conditions and formalities imposed on the foreigner by law.

ARTICLE 15:

Dual Haitian and foreign nationality is not admitted in any case.

Title III OF THE CITIZEN - FUNDAMENTAL RIGHTS and DUTIES

CHAPTER I

Chapter II - Fundamental Rights

Section A - Right to Life and Health
Section B - Individual Liberty
Section C - Freedom of Expression
Section D - Freedom of Conscience
Section E - Freedom of Assembly and Association
Section F - Education and Teaching
Section G - Freedom to Work
Section H - Property
Section I - Right to Information
Section J - Right to Security

Chapter III - Duties of the Citizen OF THE QUALITY OF CITIZEN

ARTICLE 16 :

The combination of civil and political rights constitutes the quality of a citizen.

ARTICLE 16.1 :

The enjoyment, exercise, suspension and loss of rights are regulated by law.

ARTICLE 16.2 :

The age of majority is set at eighteen (18) years.

ARTICLE 17 :

Haitians, regardless of sex or civil status, who have reached the age of eighteen (18), may exercise their civil and political rights if they meet the other conditions provided for by the Constitution and by law.

ARTICLE 18 :

Haitians are equal before the law, subject to the advantages conferred on Haitians of origin who have never renounced their nationality. CHAPTER II FUNDAMENTAL RIGHTS

SECTION A RIGHT TO LIFE AND HEALTH

ARTICLE 19:

The State has the imperative obligation to guarantee the right to life, health, and respect for the human person, to all citizens without distinction, in accordance with the Universal Declaration of Human Rights.

ARTICLE 20:

The death penalty is abolished in all matters.

ARTICLE 21:

The crime of high treason consists of bearing arms in a foreign army against the Republic, serving a foreign nation against the Republic, in the act by any official of stealing State property entrusted to its management or any violation of the Constitution by those responsible for enforcing it.

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 is bound by the obligation to provide all citizens in all local authorities with the appropriate means to guarantee the protection, maintenance and restoration of their health by creating hospitals, health centers and dispensaries.

SECTION B INDIVIDUAL FREEDOM

ARTICLE 24:

Individual freedom is guaranteed and protected by the State.

ARTICLE 24.1:

No one may be prosecuted, arrested or detained except in cases determined by law and in accordance with the forms prescribed by law.

ARTICLE 24.2:

Arrest and detention, except in cases of flagrante delicto, shall only take place upon a written warrant from a legally competent official.

ARTICLE 24.3:

For this warrant to be executed, it is necessary:

a) That it formally express in Creole and French the reason(s) for the arrest or detention and the legal provision that punishes the alleged act;

b) That it be notified and that a copy be left at the time of execution to the accused person;

c) That the accused be notified of his right to be assisted by a lawyer at all stages of the investigation of the case until the final judgment;

d) Except in the case of flagrante delicto, no arrest on warrant, no search may be made between six (6) o’clock in the evening and six (6) o’clock in the morning.;

e) Responsibility is personal. No one may be arrested in place of another.

ARTICLE 25:

Any rigor or constraint that is not necessary to apprehend a person or keep him in detention, any moral pressure or physical brutality, particularly during interrogation, are prohibited.

ARTICLE 25.1:

No one may be questioned in the absence of his lawyer or a witness of his choice.

ARTICLE 26:

No one may be kept in detention if he has not appeared within forty-eight (48) hours following his arrest, before a judge called upon to rule on the legality of the arrest and if this judge has not confirmed the detention by reasoned decision.

ARTICLE 26.1:

In the event of a contravention, the accused is brought before the justice of the peace who makes a final decision. In the event of an offence or crime, the accused may, without prior permission and on simple notice, appeal to the senior judge of the court of first instance of the jurisdiction who, on the conclusions of the Public Prosecutor, shall rule in an extraordinary manner, at the hearing, without postponement or rotation, all cases ceasing on the legality of the arrest and detention.

ARTICLE 26.2:

If the arrest is deemed illegal, the Judge shall order the immediate release of the detainee and this decision shall be enforceable immediately notwithstanding appeal, appeal in cassation or defense of execution.

ARTICLE 27:

All violations of the provisions relating to individual freedom are arbitrary acts. The injured persons may, without prior authorization, refer to the competent courts to prosecute the perpetrators and executors of these arbitrary acts whatever their qualities and to whatever Corps they belong.

ARTICLE 27.1:

State officials and employees are directly liable under criminal, civil and administrative laws for acts committed in violation of rights. In these cases, civil liability also extends to the State.

SECTION C FREEDOM OF EXPRESSION

ARTICLE 28:

Every Haitian has the right to freely express his or her opinions, in any matter, by the means he or she chooses.

ARTICLE 28.1:

The journalist freely exercises his or her profession within the framework of the law. This exercise may not be subject to any authorization or censorship except in the event of war.

ARTICLE 28.2:

The journalist may not be forced to reveal his or her sources. However, he or she has a duty to verify the authenticity and accuracy of the information. He is also required to respect professional ethics.

ARTICLE 28.3:

Any press offense as well as abuses of the right of expression are covered by the Penal Code.

ARTICLE 29:

The right to petition is recognized. It is exercised personally by one, one or more citizens but never on behalf of a Body.

ARTICLE 29.1:

Any petition addressed to the Legislative Power must give rise to a regulatory procedure allowing a decision on its object.

SECTION D OF FREEDOM OF CONSCIENCE

ARTICLE 30:

All religions and all cults are free. Every person has the right to profess his religion and cult, provided that the exercise of this right does not disturb public order and peace.

ARTICLE 30.1:

No one may be forced to join an association or follow religious teachings that are contrary to their beliefs.

ARTICLE 30.2:

The law establishes the conditions for the recognition and operation of religions and cults.

SECTION E FREEDOM OF ASSEMBLY AND ASSOCIATION

ARTICLE 31:

Freedom of association and assembly without weapons for political, economic, social, cultural or any other peaceful purposes is guaranteed.

ARTICLE 31.1:

Political parties and groups contribute to the expression of suffrage. They are formed and exercise their activity freely. They must respect the principles of national sovereignty and democracy. The law determines their conditions of recognition and operation, the advantages and privileges reserved for them.

ARTICLE 31.2:

Meetings on public roads are subject to prior notification to the police authorities.

ARTICLE 31.3:

No one may be forced to join an association, whatever its nature.

SECTION F OF EDUCATION AND TEACHING

ARTICLE 32:

The State guarantees the right to education. It ensures the physical, intellectual, moral, professional, social and civic training of the population.

ARTICLE 32.1:

Education is a responsibility of the State and local authorities. They must make schooling available to all free of charge, and ensure the level of training in public and private sector education.

ARTICLE 32.2:

The first responsibility of the State and local authorities is mass schooling, the only way to enable the development of the country. The State encourages and facilitates private initiative in this area.

ARTICLE 32.3:

Primary education is compulsory, subject to sanctions to be determined by law. Standard supplies and teaching materials will be made available free of charge by the State to students at the primary education level.

ARTICLE 32.4:

Agricultural, vocational, cooperative and technical education is a primary responsibility of the State and municipalities.

ARTICLE 32.5:

Preschool and nursery school training as well as non-formal education are encouraged.

ARTICLE 32.6:

Access to Higher Education is open to all in full equality, solely on the basis of merit.

ARTICLE 32.7:

The State must ensure that each territorial community, communal section, commune, department is provided with essential educational establishments, adapted to the needs of its development, without however prejudicing the priority of agricultural, professional, cooperative and technical education which must be widely disseminated.

ARTICLE 32.8:

The State guarantees the handicapped and the gifted the means to ensure their autonomy, their education, their independence.

ARTICLE 32.9:

The State and the territorial communities have the duty to take all necessary measures to intensify the literacy campaign for the masses. They encourage all private initiatives tending to this end.

ARTICLE 32.10:

Teachers have the right to a fair basic salary.

ARTICLE 33:

Education is free at all levels. This freedom is exercised under the control of the State.

ARTICLE 34:

Except in cases of flagrante delicto, the premises of educational establishments are inviolable. No law enforcement agency may enter them except with the agreement of the management of said establishments.

ARTICLE 34.1:

This provision does not apply when an educational establishment is used for other purposes.

SECTION G FREEDOM OF WORK

ARTICLE 35:

Freedom of work is guaranteed. Every citizen has the obligation to devote himself to a job of his choice in order to provide for his needs and those of his family, to cooperate with the State in establishing a social security system.

ARTICLE 35.1:

Every employee of a private or public institution has the right to a fair salary, rest, paid annual leave and a bonus.

ARTICLE 35.2:

The State guarantees the worker equality of working conditions and salary regardless of their sex, beliefs, opinions and marital status.

ARTICLE 35.3:

Freedom of association is guaranteed. Any worker in the private and public sectors may join the Union of their professional activities for the exclusive defense of their work interests.

ARTICLE 35.4:

The union is essentially apolitical, non-profit and non-denominational. No one may be forced to join it.

ARTICLE 35.5:

The right to strike is recognized within the limits determined by law.

ARTICLE 35.6:

The law sets the age limit for paid employment. Special Laws regulate the work of minor children and domestic workers.

SECTION H OF PROPERTY

ARTICLE 36:

Private property is recognized and guaranteed. The law determines the terms of acquisition, enjoyment and limits.

ARTICLE 36.1:

Expropriation for public utility may take place upon payment or deposit ordered by justice to the order of the person concerned, of a fair and prior compensation set by expert opinion. If the initial project is abandoned, the expropriation is canceled and the building, which cannot be the subject of any other speculation, must be returned to its original owner, without any reimbursement for the small owner. The expropriation measure is effective from the implementation of the project.

ARTICLE 36.2:

The nationalization and confiscation of property, movable and immovable for political reasons are prohibited. No one may be deprived of their legitimate right of ownership except by virtue of a judgment rendered by a court of common law that has become final, except in the context of an agrarian reform.

ARTICLE 36.3:

Ownership also entails obligations. It may not be used contrary to the general interest.

ARTICLE 36.4:

The landowner must cultivate, exploit the soil and protect it, in particular against erosion. The sanction for this obligation is provided for by law.

ARTICLE 36.5:

The right of ownership does not extend to the coastline, springs, rivers, watercourses, mines and quarries. They are part of the public domain of the State.

ARTICLE 36.6:

The law establishes the rules that govern the freedom of prospecting and the right to exploit mines, mining and quarries of the subsoil, by ensuring that the owner of the surface, the concessionaires and the Haitian State have a fair share in the profit that the development of these natural resources provides.

ARTICLE 37:

The law establishes the conditions for the division and consolidation of land according to the land use plan and the well-being of the communities concerned, within the framework of an agrarian reform.

ARTICLE 38:

Scientific, literary and artistic property is protected by law.

ARTICLE 39:

The inhabitants of the communal sections have a right of pre-emption for the exploitation of the lands of the private domain of the State located in their locality.

SECTION I RIGHT TO INFORMATION

ARTICLE 40:

The State is obliged to give publicity by means of spoken, written and televised press, in Creole and French languages, to the laws, orders, decrees, international agreements, treaties, conventions, to all that affects national life, except for information relating to national security.

SECTION J RIGHT TO SECURITY

ARTICLE 41:

No individual of Haitian nationality may be deported or forced to leave the national territory for any reason whatsoever. No one may be deprived for political reasons of his legal capacity and nationality.

ARTICLE 41.1:

No Haitian needs a visa to leave or return to the country.

ARTICLE 42:

No citizen, civilian or military, may be distracted from the judges assigned to him by the constitution and the laws.

ARTICLE 42.1:

A soldier accused of the crime of high treason against the homeland is subject to the ordinary court.

ARTICLE 42.2:

Military justice has jurisdiction only:

a) In cases of violation of the regulations of the Military Justice Manual by military personnel;

b) In cases of conflicts between members of the armed forces;

c) In cases of war.

ARTICLE 42.3:

Cases of conflict between civilians and the military, abuse, violence and crimes committed against a civilian by a military officer in the exercise of his duties, fall exclusively under the jurisdiction of the ordinary courts.

ARTICLE 43:

No home search, no seizure of papers may take place except by virtue of the law and in the forms it prescribes.

ARTICLE 44:

Pretrial detainees awaiting trial must be separated from those serving a sentence.

ARTICLE 44.1:

The prison regime must meet the standards attached to respect for human dignity according to the law on the subject.

ARTICLE 45:

No penalty may be established except by law, nor applied except in the cases determined by the law.

ARTICLE 46:

No one may be compelled, in criminal, correctional or simple police matters, to testify against himself or his relatives up to the fourth degree of consanguinity or second degree of alliance.

ARTICLE 47:

No one may be compelled to take an oath except in the case and in the forms provided for by law.

ARTICLE 48:

The State shall ensure that a civil retirement pension fund is established in the private and public sectors. It shall be funded by contributions from employers and employees according to the criteria and modalities established by law. The allocation of the pension is a right and not a favor.

ARTICLE 49:

Freedom, secrecy of correspondence and all other communications are inviolable. Their limitation can only occur by a motivated act of the judicial authority, according to the guarantees set by law.

ARTICLE 50:

Within the framework of the constitution and the law, the jury is established in criminal matters for blood crimes and in matters of political offenses.

ARTICLE 51:

The law cannot have retroactive effect, except in criminal matters when it is favorable to the accused.

CHAPTER III OF THE DUTIES OF THE CITIZEN

ARTICLE 52:

Civic duty is attached to the status of citizen. Every right is counterbalanced by the corresponding duty.

ARTICLE 52.1:

Civic duty is the set of obligations of the citizen in the moral, political, social and economic order towards the State and the homeland. These obligations are:

a) respect the constitution and the national emblem;

b) respect the laws;

c) vote in elections without constraint;

d) pay taxes;

e) serve as a juror;

f) defend the country in the event of war;

g) educate and improve oneself;

h) respect and protect the environment;

i) scrupulously respect the funds and property of the State;

j) respect the property of others;

k) work for the maintenance of peace;

l) provide assistance to persons in danger;

m) respect the rights and freedoms of others.

ARTICLE 52.2:

Derogation from these requirements is sanctioned by law.

ARTICLE 52.3:

A compulsory mixed civic service is established, the operating conditions of which are established by law.

TITLE IV FOREIGNERS

ARTICLE 53:

The conditions for admission and stay of foreigners in the country are established by law.

ARTICLE 54:

Foreigners who are on the territory of the Republic benefit from the same protection as that granted to Haitians, in accordance with the law.

ARTICLE 54:

Foreigners enjoy civil rights, economic and social rights subject to the legal provisions relating to the right to real estate ownership, the exercise of professions, wholesale trade, commercial representation and import and export operations.

ARTICLE 55:

The right to real estate ownership is granted to foreigners residing in Haïti for the needs of their home.

ARTICLE 55.1:

However, foreigners residing in Haïti may not own more than one residential house in the same district. Under no circumstances may they engage in the rental of buildings. However, foreign real estate development companies benefit from a special status regulated by law.

ARTICLE 55.2:

The right to real estate ownership is also granted to foreigners residing in Haïti and to foreign companies for the needs of their agricultural, commercial, industrial, religious, humanitarian or educational businesses, within the limits and conditions determined by law.

ARTICLE 55.3:

No foreigner may own real estate bordered by the Haitian land border.

ARTICLE 55.4:

This right ends five (5) years after the foreigner has ceased to reside in the country or the operations of these companies have ceased, in accordance with the law which determines the regulations to be followed for the transmission and liquidation of property belonging to foreigners.

ARTICLE 55.5:

Violators of the above provisions as well as their accomplices will be punished in accordance with the law.

ARTICLE 56:

A foreigner may be expelled from the territory of the Republic when he interferes in the political life of the country and in cases determined by law.

ARTICLE 57:

The right of asylum is recognized for political refugees.

Title V

Chapter I - Territorial Communities and Decentralization
Chapter II - Legislative Power
Chapter III - Executive Power
Chapter IV - Judicial Power
Chapter V - The High Court of Justice OF NATIONAL SOVEREIGNTY

ARTICLE 58:

National sovereignty resides in the universality of citizens. Citizens directly exercise the prerogatives of sovereignty by:

a) the election of the President of the Republic;

b) the election of members of the Legislative Power;

c) the election of members of all other bodies or assemblies provided for by the constitution and by law.

ARTICLE 59:

Citizens delegate the exercise of national sovereignty to three (3) powers:

a) the legislative power;

b) the executive power;

c) the judicial power. The principle of separation of the three (3) powers is enshrined in the constitution.

ARTICLE 59.1:

All of these three (3) powers constitute the essential foundation of the organization of the State which is civil.

ARTICLE 60:

Each power is independent of the other two (2) in its attributions which it exercises separately.

ARTICLE 60.1:

None of them may, under any circumstances, delegate their powers in whole or in part, nor go beyond the limits set by the constitution and by law.

ARTICLE 60.2:

Full responsibility is attached to the actions of each of the three (3) powers.

CHAPTER I OF LOCAL AUTHORITIES AND DECENTRALIZATION

Section A - Of the Communal Section
Section B - Of the Commune
Section C - Of the District
Section D - Of the Department
Section E - Of the Delegates and Vice-Delegates
Section F - Of the Inter-Departmental Council

ARTICLE 61:

The territorial authorities are the communal section, the commune and the department.

ARTICLE 61.1:

The law may create any other territorial authority.

SECTION A OF THE COMMUNAL SECTION

ARTICLE 62:

The communal section is the smallest administrative territorial entity of the Republic.

ARTICLE 63:

The administration of each communal section is ensured by a council of three (3) members elected by universal suffrage for a period of four (4) years. They are indefinitely re-eligible. Its mode of organization and operation is regulated by law.

ARTICLE 63.1:

The board of directors of the communal section is assisted in its task by an assembly of the communal section.

ARTICLE 64:

The State has the obligation to establish at the level of each communal section the structures specific to the social, economic, civic and cultural training of its population.

ARTICLE 65:

To be a member of the board of directors of the communal section, it is necessary:

a) to be Haitian and at least 25 years old;

b) to have resided in the communal section two (2) years before the elections and to continue to reside there;

c) to enjoy his civil and political rights and never to have been sentenced to an afflictive and infamous punishment.

SECTION B OF THE COMMUNE

ARTICLE 66:

The Commune has administrative and financial autonomy. Each Commune of the Republic is administered by a Council of three (3) members elected by universal suffrage called Municipal Council.

ARTICLE 66.1:

The President of the Council bears the title of Mayor. He is assisted by Deputy Mayors.

ARTICLE 67:

The Municipal Council is assisted in its task by a Municipal Assembly formed in particular by a representative of each of its Communal Sections.

ARTICLE 68:

The term of office of the Municipal Council is four (4) years and its members are indefinitely re-eligible.

ARTICLE 69:

The mode of organization and operation of the Municipality and the Municipal Council are regulated by law.

ARTICLE 70:

To be elected as a member of a Municipal Council, one must:

a) be Haitian

b) be twenty-five (25) years of age or older.

c) enjoy one’s civil and political rights.

d) have never been sentenced to an afflictive and infamous punishment.

e) have resided at least 3 years in the Commune and undertake to reside there for the duration of one’s term.

ARTICLE 71:

Each Municipal Council is assisted upon request by a Technical Council provided by the central administration.

ARTICLE 72:

The Municipal Council may only be dissolved in the event of negligence, embezzlement or fraudulent administration legally pronounced by the competent court. In the event of dissolution, the Departmental Council shall immediately fill the vacancy and refer the matter to the Permanent Electoral Council within sixty (60) days from the date of dissolution with a view to electing a new Council to manage the interests of the Municipality for the remaining time. This procedure shall apply in the event of a vacancy for any other reason.

ARTICLE 73:

The Municipal Council shall administer its resources for the exclusive benefit of the municipality and shall report to the Municipal Assembly, which shall in turn report to the Departmental Council.

ARTICLE 74:

The Municipal Council shall be the privileged manager of the private land assets of the State located within the limits of its Municipality. They may not be the subject of any transaction without the prior notice of the Municipal Assembly.

SECTION C OF THE DISTRICT

ARTICLE 75:

The district is an administrative division that can group several municipalities. Its organization and operation are regulated by law.

SECTION D OF THE DEPARTMENT

ARTICLE 76:

The department is the largest territorial division. It groups the districts.

ARTICLE 77:

The department is a legal entity. It is autonomous.

ARTICLE 78:

Each department is administered by a Council of three (3) members elected for four (4) years by the Departmental Assembly.

ARTICLE 79:

The member of the Departmental Council is not necessarily drawn from the Assembly but must:

a) be Haitian and at least twenty-five (25) years old;

b) have resided in the department three (3) years before the elections and undertake to reside there for the duration of the mandate;

c) enjoy his civil and political rights and have never been sentenced to a punishment that is both afflictive and infamous.

ARTICLE 80:

The Departmental Council is assisted in its task by a Departmental Assembly formed of one (1) representative from each municipal assembly.

ARTICLE 80.1:

The following have access to the meetings of the Assembly with an advisory vote:

a) the deputies, the senators of the department;

b) one (1) representative of each socio-professional or trade union association;

c) the departmental delegate;

d) the directors of the department’s public services.

ARTICLE 81:

The Departmental Council shall develop, in collaboration with the central administration, the department’s development plan.

ARTICLE 82:

The organization and operation of the Departmental Council and the Departmental Assembly shall be governed by law.

ARTICLE 83:

The Departmental Council shall administer its financial resources for the exclusive benefit of the department and shall report to the Departmental Assembly, which shall in turn report to the central administration.

ARTICLE 84:

The Departmental Council may be dissolved in the event of negligence, embezzlement or fraudulent administration legally established by the competent court. In the event of dissolution, the central administration shall appoint a provisional commission and refer the matter to the permanent electoral council for the election of a new council for the period to run within sixty (60) days of the dissolution.

SECTION E DELEGATES AND VICE-DELEGATES

ARTICLE 85:

In each departmental capital, the executive power appoints a representative who bears the title of delegate. A vice-delegate under the authority of the delegate is also appointed in each district capital.

ARTICLE 86:

The delegates and vice-delegates ensure the coordination and control of public services and do not exercise any repressive police function. The other attributions of the delegates and vice-delegates are determined by law.

SECTION F OF THE INTERDEPARTMENTAL COUNCIL

ARTICLE 87:

The Executive is assisted by one (1) Interdepartmental Council whose members are appointed by the departmental assemblies at the rate of one (1) per department.

ARTICLE 87.1:

This representative, chosen from among the members of the departmental assemblies, serves as a liaison between the department and the executive branch.

ARTICLE 87.2:

The interdepartmental council, in concert with the Executive, studies and plans the country’s decentralization and development projects, from a social, economic, commercial, agricultural and industrial point of view.

ARTICLE 87.3:

He attends the working sessions of the Council of Ministers when they deal with the subjects mentioned in the previous paragraph with a deliberative vote.

ARTICLE 87.4:

Decentralization must be accompanied by the deconcentration of public services with delegation of power and industrial decompartmentalization for the benefit of departments.

ARTICLE 87.5:

The law determines the organization and operation of the interdepartmental council as well as the frequency of the meetings of the Council of Ministers in which it participates.

CHAPTER II OF LEGISLATIVE POWER

Section A - Of the Chamber of Deputies
Section B - Of the Senate
Section C - Of the National Assembly
Section D - Of the Exercise of Legislative Power
Section E - Of Incompatibilities

ARTICLE 88:

Legislative power is exercised by two (2) representative Chambers. One (1) Chamber of Deputies and one (1) Senate which form the Legislative Body.

SECTION A OF THE CHAMBER OF DEPUTIES

ARTICLE 89:

The Chamber of Deputies is a body composed of members elected by direct suffrage by the citizens and responsible for exercising on their behalf and in concert with the Senate the powers of the Legislative Power.

ARTICLE 90:

Each municipal authority constitutes an electoral constituency and elects one (1) deputy. The law sets the number of deputies at the level of large agglomerations without this number exceeding three (3). Pending the application of the preceding paragraphs, the number of deputies cannot be less than seventy (70).

ARTICLE 90.1:

The deputy is elected by an absolute majority of the votes cast in the primary assemblies, according to the conditions and method prescribed by the electoral law.

ARTICLE 91:

To be a member of the Chamber of Deputies, one must:

1) be of Haitian origin and have never renounced his or her nationality;

2) be twenty-five (25) years of age;

3) enjoy his or her civil and political rights and have never been sentenced to an afflictive or infamous punishment for a common law crime;

4) have resided for at least two (2) consecutive years preceding the date of the elections in the electoral district to be represented;

5) Be the owner of at least one building in the district or exercise a profession or industry there;

6) have received discharge, where applicable, as a manager of public funds.

ARTICLE 92:

Deputies are elected for four (4) years and are indefinitely re-eligible.

ARTICLE 92.1:

They take office on the second Monday of January and sit in two (2) annual sessions. The duration of their mandate forms a legislature.

ARTICLE 92.2:

The first session runs from the second Monday of January to the second Monday of May. The second, from the second Monday of June to the second Monday of September.

ARTICLE 92.3:

The renewal of the Chamber of Deputies is done in its entirety every four (4) years.

ARTICLE 93:

The Chamber of Deputies, in addition to the powers assigned to it by the Constitution as a branch of the legislative power, has the privilege of impeaching the Head of State, the Prime Minister, the Ministers, the Secretaries of State before the High Court of Justice, by a majority of 2/3 of its members. The other powers of the Chamber of Deputies are assigned to it by the Constitution and by law.

SECTION B OF THE SENATE

ARTICLE 94:

The Senate is a body composed of members elected by direct suffrage by the citizens and responsible for exercising on their behalf, in concert with the Chamber of Deputies, the powers of the legislative power.

ARTICLE 94.1:

The number of senators is set at three (3) senators per department.

ARTICLE 94.2:

The Senator of the Republic is elected by universal suffrage by absolute majority in the primary assemblies held in the geographical Departments, according to the conditions prescribed by the electoral law.

ARTICLE 95:

Senators are elected for six (6) years and are indefinitely re-eligible.

ARTICLE 95.1:

Senators sit permanently.

ARTICLE 95.2:

The Senate may, however, adjourn except during the legislative session. When it adjourns, it leaves a standing committee responsible for dealing with current affairs. This committee may not take any decision, except for the convening of the Senate. In cases of emergency, the Executive may also convene the Senate before the end of the adjournment.

ARTICLE 95.3:

The Senate is renewed by thirds (1/3) every two years.

ARTICLE 96:

To be elected senator, one must:

1) be Haitian by origin and have never renounced his nationality;

2) be thirty (30) years of age;

3) enjoy his civil and political rights and have never been sentenced to an afflictive and infamous punishment for a common law crime;

4) have resided in the department to be represented for at least four (4) consecutive years preceding the date of the elections;

5) be the owner of at least one building in the department or exercise a profession or industry there;

6) have obtained discharge, where applicable, as manager of public funds.

ARTICLE 97:

In addition to the responsibilities inherent as a branch of the Legislative Power, the Senate exercises the following powers:

1) propose to the Executive the list of judges of the Court of Cassation according to the requirements of the Constitution;

2) establish itself as a High Court of Justice;

3) Exercise all other powers assigned to it by this Constitution and by law.

SECTION C OF THE NATIONAL ASSEMBLY

ARTICLE 98:

The meeting in a single Assembly of the two (2) branches of the legislative power constitutes the National Assembly.

ARTICLE 98.1:

The National Assembly meets for the opening and closing of each Session and in all other cases provided for by the Constitution.

ARTICLE 98.2:

The powers of the National Assembly are limited and cannot extend to other objects than those that are specifically attributed by the Constitution.

ARTICLE 98.3:

The attributions are:

1) to receive the constitutional oath of the President of the Republic;

2) to ratify any decision, to declare war when all attempts at conciliation have failed;

3) to approve or reject international treaties and conventions;

4) to amend the Constitution according to the procedure indicated therein;

5) to ratify the decision of the Executive to move the seat of the Government in the cases determined by ARTICLE 1 of this Constitution;

6) to decide on the advisability of the state of siege, to decide with the Executive on the constitutional guarantees to be suspended and to rule on any request for renewal of this measure;

7) to contribute to the formation of the Permanent Electoral Council in accordance with ARTICLE 192 of the Constitution;

8) to receive at the opening of each session, the balance sheet of the activities of the Government.

ARTICLE 99:

The National Assembly is chaired by the President of the Senate, assisted by the President of the Chamber of Deputies as Vice-President. The Secretaries of the Senate and those of the Chamber of Deputies are the Secretaries of the National Assembly.

ARTICLE 99.1:

In the event of the President of the Senate being unable to attend, the National Assembly shall be chaired by the President of the Chamber of Deputies, the Vice-President of the Senate shall then become Vice-President of the National Assembly.

ARTICLE 99.2:

In the event of the two (2) Presidents being unable to attend, the two (2) Vice-Presidents shall replace them respectively.

ARTICLE 100:

The sessions of the Assembly shall be public. However, they may be held in camera at the request of five (5) members and it shall then be decided by an absolute majority whether the session should be resumed in public.

ARTICLE 101:

In case of emergency, when the legislative body is not in session, the executive branch may convene the National Assembly in extraordinary session.

ARTICLE 102:

The National Assembly may not sit or make decisions and resolutions without the presence within it of the majority of each of the two (2) Chambers.

ARTICLE 103:

The legislative body has its seat in Port-au-Prince. However, depending on the circumstances, this seat will be transferred elsewhere to the same place and at the same time as that of the executive branch. SECTION D EXERCISE OF LEGISLATIVE POWER

ARTICLE 104:

The session of the legislative body takes place from the opening of the two (2) Chambers in the National Assembly.

ARTICLE 105:

In the interval between ordinary sessions and in case of emergency, the President of the Republic may convene the legislative body in extraordinary session.

ARTICLE 106:

The Head of the Executive Branch shall report on this measure by means of a message.

ARTICLE 107:

In the event of a convening of the legislative body in extraordinary session, he may not decide on any matter unrelated to the reason for the convening.

ARTICLE 107.1:

However, any senator or deputy may address the Assembly to which he belongs on a question of general interest.

ARTICLE 108:

Each Chamber shall verify and validate the powers of its members and shall judge sovereignly any disputes that arise on this subject.

ARTICLE 109:

The members of each Chamber take the following oath:

I swear to fulfill my duty, to maintain and safeguard the rights of the People and to be faithful to the Constitution.

ARTICLE 110:

The sessions of the (2) two Chambers are public. Each Chamber may work in camera at the request of five (5) members and then decide by majority whether the session should be resumed in public.

ARTICLE 111:

The Legislative Power makes laws on all matters of public interest.

ARTICLE 111.1:

The initiative belongs to each of the two (2) Chambers as well as to the executive power.

ARTICLE 111.2:

However, the initiative of the Budget Law, laws concerning the basis, the amount and the method of collection of taxes and contributions, those aimed at creating revenue or increasing the revenue and expenditure of the State is the responsibility of the executive branch. The projects presented in this regard must first be voted on by the Chamber of Deputies.

ARTICLE 111.3:

In the event of disagreement between the two (2) Chambers regarding the laws mentioned in the previous paragraph, each Chamber appoints by list ballot and in equal numbers a parliamentary committee which resolves the disagreement as a last resort.

ARTICLE 111.4:

If the disagreement occurs on the occasion of any other law, it will be adjourned until the following session. If at this session and even in the event of a renewal of the Chambers, the law being presented again, an agreement is not reached, each Chamber appoints by list ballot and in equal numbers, a parliamentary committee responsible for adopting the final text which will be submitted to the two (2) Assemblies, starting with the one which had originally voted on the law. And if these new deliberations do not produce any results, the draft or proposed law will be withdrawn.

ARTICLE 111.5:

In the event of disagreement between the legislative power and the executive power, the conciliation commission provided for in Article 206 below, is seized of the dispute at the request of one of the parties.

ARTICLE 111.6:

If the commission fails in its mission, it draws up a report of non-conciliation which it transmits to the two (2) high parties and notifies the Court of Cassation.

ARTICLE 111.7:

Within eight days of receiving this report, the Court of Cassation shall take up the dispute ex officio. The Court shall rule in joint sections, all cases being discontinued. The decision shall be final and binding on the senior parties. If in the meantime, an agreement is reached between the senior parties, the terms of the agreement shall automatically terminate the current proceedings.

ARTICLE 111.8:

Under no circumstances may the Chamber of Deputies or the Senate be dissolved or adjourned, nor may the term of their members be extended.

ARTICLE 112:

Each Chamber, at the end of its regulations, appoints its staff, sets its discipline and determines the method by which it exercises its powers.

ARTICLE 112.1:

Each Chamber may apply to these members for reprehensible conduct, by decision taken by a majority of 2/3, disciplinary penalties except that of dismissal.

ARTICLE 113:

Any member of the Legislative Body who, during the term of his mandate, has been subject to a conviction pronounced by a court of common law which has acquired the authority of res judicata and results in ineligibility, shall be deprived of his status as a deputy or senator.

ARTICLE 114:

Members of the Legislative Body are inviolable from the day they take the oath until the expiration of their term, subject to the provisions of ARTICLE 115 below.

ARTICLE 114.1:

They may not be prosecuted or attacked at any time for the opinions and votes they express in the exercise of their functions.

ARTICLE 114.2:

No imprisonment may be carried out against a member of the Legislative Body during the term of his or her term.

ARTICLE 115:

No member of the Legislative Body may, during his or her term of office, be arrested in criminal, correctional or police matters for an offence under common law, except with the authorisation of the Chamber to which he or she belongs, except in the case of flagrante delicto for acts carrying an afflictive and infamous penalty. It shall then be referred to the Chamber of Deputies or the Senate without delay if the Legislative Body is in session, otherwise, at the opening of the next ordinary or extraordinary session.

ARTICLE 116:

Neither of the two (2) Chambers may sit or pass a resolution without the presence of the majority of its members.

ARTICLE 117:

All acts of the Legislative Body must be taken by the majority of the members present, except if otherwise provided for by this Constitution.

ARTICLE 118:

Each Chamber shall have the right to investigate the questions brought before it.

ARTICLE 119:

The entire bill must be voted on Article by Article.

ARTICLE 120:

Each House has the right to amend and divide the Articles and amendments proposed. Amendments voted by one House may not form part of a bill until they have been voted by the other House in the same form and in identical terms. No bill becomes law until it has been voted in the same form by both (2) Houses.

ARTICLE 120.1:

Any bill may be withdrawn from discussion until it has been finally voted on.

ARTICLE 121:

Any law voted on by the Legislative Body shall be immediately addressed to the President of the Republic who, before promulgating it, shall have the right to object to it in whole or in part.

ARTICLE 121.2:

If the amended law is passed by the second Chamber, it shall be sent again to the President of the Republic for promulgation.

ARTICLE 121.3:

If the objections are refuted by the Chamber that originally passed the law, it shall be sent back to the other Chamber with the objections.

ARTICLE 121.4:

If the second Chamber also votes for rejection, the law shall be sent back to the President of the Republic who shall be obliged to promulgate it.

ARTICLE 121.5:

The rejection of the objections shall be voted on by either Chamber by the majority provided for in Article 117. In this case, the votes of each Chamber shall be cast by secret ballot.

ARTICLE 121.6:

If in either Chamber, the majority provided for in the preceding paragraph is not obtained for rejection, the objections are accepted.

ARTICLE 122:

The right of objection must be exercised within eight (8) clear days from the date of receipt of the law by the President of the Republic.

ARTICLE 123:

If within the prescribed time limits, the President of the Republic makes no objection, the law must be promulgated unless the session of the Legislative Body has ended before the expiration of the time limits, in which case, the law remains adjourned. The law thus adjourned is, at the opening of the following Session, addressed to the President of the Republic for the exercise of his right of objection.

ARTICLE 124:

A bill rejected by one of the two (2) Chambers cannot be presented again in the same session.

ARTICLE 125:

The laws and other acts of the Legislative Body and the National Assembly shall be made enforceable by their promulgation and publication in the Official Journal of the Republic.

ARTICLE 125.1:

They shall be numbered, inserted in the printed and numbered bulletin entitled BULLETIN OF LAWS AND ACTS.

ARTICLE 126:

The law shall be dated on the day of its final adoption by the two (2) Chambers.

ARTICLE 127:

No one may in person present petitions to the tribune of the Legislative Body.

ARTICLE 128:

The interpretation of laws by way of authority belongs only to the Legislative Power, it is given in the form of a law.

ARTICLE 129:

Each member of the Legislative Body receives a monthly allowance from the time he takes the oath.

ARTICLE 129.1:

The function of member of the Legislative Body is incompatible with any other function paid by the State, except that of teaching.

ARTICLE 129.2:

The right to question and challenge a member of the Government or the entire Government on the facts and acts of the Administration is recognized to any member of the two (2) Chambers.

ARTICLE 129.3:

The request for questioning must be supported by five (5) members of the Body concerned. It results in a vote of confidence or censure taken by the majority of this Body.

ARTICLE 129.4:

When the request for an interpellation results in a vote of censure on a question relating to the program or to a general policy statement of the Government, the Prime Minister must submit to the President of the Republic, the resignation of his Government.

ARTICLE 129.5:

The President must accept this resignation and appoint a new Prime Minister, in accordance with the provisions of the Constitution.

ARTICLE 129.6:

The Legislative Body may not take more than one vote of censure per year on a question relating to the program or to a general policy statement of the Government.

ARTICLE 130:

In the event of death, resignation, forfeiture, judicial prohibition or acceptance of a function incompatible with that of member of the Legislative Body, the replacement of the deputy or senator in his electoral district for the time remaining is provided for by a partial election upon convocation of the Primary Electoral Assembly made by the Permanent Electoral Council in the same month of the vacancy.

ARTICLE 130.1:

The election shall take place within a period of thirty (30) days after the convening of the Primary Assembly, in accordance with the Constitution.

ARTICLE 130.2:

The same shall apply in the absence of an election or in the event of nullity of the elections pronounced by the Permanent Electoral Council in one or more constituencies.

ARTICLE 130.3:

However, if the vacancy occurs during the last ordinary session of the Legislature or after the session, there shall be no need for a by-election.

SECTION E OF INCOMPATIBILITIES

ARTICLE 131:

The following may not be elected as members of the Legislative Body:

1) the concessionaire or co-contractor of the State for the operation of public services;

2) representatives or agents of concessionaires or co-contractors of the State, companies or companies concessionaires or co-contractors of the State;

3) delegates, vice-delegates, judges, officers of the Public Prosecutor’s Office whose functions have not ceased six (6) months before the date set for the elections;

4) any person in the other cases of ineligibility provided for by this Constitution and by law.

ARTICLE 132:

Members of the executive branch and directors general of the Public Administration may not be elected members of the Legislative Body if they do not resign at least one (1) year before the date of the elections.

CHAPTER III OF THE EXECUTIVE POWER

Section A - The President of the Republic
Section B - Powers of the President of the Republic
Section C - The Government
Section D - Powers of the Prime Minister
Section E - Ministers and Secretaries of State

ARTICLE 133:

The executive power is exercised by:

a) the President of the Republic, Head of State;

b) the Government headed by a Prime Minister.

SECTION A OF THE PRESIDENT OF THE REPUBLIC

ARTICLE 134:

The President of the Republic is elected by direct universal suffrage by an absolute majority of voters. If this is not obtained in the first round, a second round is held. Only the two (2) candidates who, where applicable, after the withdrawal of more favored candidates, are found to have received the greatest number of votes in the first round may run.

ARTICLE 134.1:

The duration of the presidential term is five (5) years. This period begins and ends on February 7 following the date of the elections.

ARTICLE 134.2:

Presidential elections are held on the last Sunday of November of the fifth year of the presidential term.

ARTICLE 134.3:

The President of the Republic may not benefit from an extension of his term. He may only assume a new term after an interval of five (5) years. Under no circumstances may he seek a third term.

ARTICLE 135:

To be elected President of the Republic of Haiti, one must:

a) be Haitian by origin and have never renounced his nationality;

b) be thirty-five (35) years of age on the day of the elections;

c) enjoy his civil and political rights and have never been sentenced to an afflictive and infamous punishment for a common law crime;

d) be the owner of at least one building in Haïti and have a habitual residence in the country;

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

f) have received discharge from his management if he has been an accountant of public funds.

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, to faithfully observe the Constitution and the laws of the Republic, to respect and ensure respect for the rights of the Haitian people, to work for the greatness of the Homeland, to maintain national independence and the integrity of the territory.

SECTION B OF THE ATTRIBUTIONS OF THE PRESIDENT OF THE REPUBLIC

ARTICLE 136:

The President of the Republic, Head of State, ensures compliance with and execution of the Constitution and the stability of institutions. He ensures the regular functioning of public authorities as well as the continuity of the State.

ARTICLE 137:

The President of the Republic chooses a Prime Minister from among the members of the party having the majority in Parliament. In the absence of this majority, the President of the Republic chooses his Prime Minister in consultation with the President of the Senate and that of the Chamber of Deputies. In both (2) cases the choice must be ratified by Parliament.