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

ARTICLE 137.1:

The President of the Republic terminates the functions of the Prime Minister upon the latter’s submission of the Government’s resignation.

See as well

ARTICLE 138:

The President of the Republic is the guarantor of National Independence and Territorial Integrity.

ARTICLE 139:

He negotiates and signs all international treaties, conventions and agreements and submits them to the National Assembly for ratification.

ARTICLE 139.1:

He accredits Ambassadors and Extraordinary Envoys to foreign powers, receives the credentials of Ambassadors of foreign powers and grants exequatur to Consuls.

ARTICLE 140:

He declares war, negotiates and signs peace treaties with the approval of the National Assembly.

ARTICLE 141:

The President of the Republic, after approval by the Senate, appoints by decree taken in the Council of Ministers, the Commander-in-Chief of the Armed Forces, the Commander-in-Chief of the Police, the Ambassadors and the Consuls General.

ARTICLE 142:

By decree taken in the Council of Ministers, the President of the Republic appoints the directors general of the Public Administration, the delegates and vice-delegates of the departments and districts. He also appoints, after approval by the Senate, the boards of directors of the autonomous organizations.

ARTICLE 143:

The President of the Republic is the nominal Head of the Armed Forces, he never commands them in person.

ARTICLE 144:

He shall have the laws sealed with the Seal of the Republic and promulgate them within the time limits prescribed by the Constitution. He may, before the expiry of this time limit, exercise his right of objection.

ARTICLE 145:

He shall ensure the execution of judicial decisions, in accordance with the law.

ARTICLE 146:

The President of the Republic shall have the right to pardon and commute the sentence in respect of any conviction that has become res judicata, with the exception of convictions handed down by the High Court of Justice as provided for in this Constitution.

ARTICLE 147:

He may grant amnesty only in political matters and according to the provisions of the law.

ARTICLE 148:

If the President is temporarily unable to exercise his functions, the Council of Ministers under the chairmanship of the Prime Minister, exercises executive power for the duration of the incapacity.

ARTICLE 149:

In the event of a vacancy in the Presidency of the Republic for any reason whatsoever, the President of the Court of Cassation of the Republic or, failing him, the Vice-President of this Court or, failing him, the most senior judge and so on in order of seniority, is provisionally invested with the function of President of the Republic by the National Assembly duly convened by the Prime Minister. The ballot for the election of the new President for a new term of five (5) years shall take place at least forty-five (45) days and at most ninety (90) days after the opening of the vacancy, in accordance with the Constitution and the Electoral Law.

ARTICLE 149.1:

This provisional President may not under any circumstances be a candidate in the next presidential election.

ARTICLE 150:

The President of the Republic shall have no powers other than those attributed to him by the Constitution.

ARTICLE 151:

At the opening of the First Annual Legislative Session, the President of the Republic, by a message to the Legislative Body, shall make a General Statement of the situation. This statement shall not give rise to any debate.

ARTICLE 152:

The President of the Republic receives a monthly allowance from the Public Treasury from the moment he takes the oath.

ARTICLE 153:

The President of the Republic has his official residence at the National Palace, in the capital, except in the event of a move of the seat of executive power.

ARTICLE 154:

The President of the Republic chairs the Council of Ministers.

SECTION C OF THE GOVERNMENT

ARTICLE 155:

The Government is composed of the Prime Minister, the Ministers and the Secretaries of State. The Prime Minister is the Head of Government.

ARTICLE 156:

The Government conducts the policy of the Nation. It is responsible to Parliament under the conditions provided for by the Constitution.

ARTICLE 157:

To be appointed Prime Minister, one must:

1) be Haitian by origin and not have 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;

4) be a property owner in Haïti or practice a profession there;

5) reside in the country for five (5) consecutive years;

6) have received discharge from his management if he has been accountable for public funds.

SECTION D OF THE ATTRIBUTIONS OF THE PRIME MINISTER

ARTICLE 158:

The Prime Minister, in agreement with the President, chooses the members of his ministerial Cabinet and appears before Parliament to obtain a vote of confidence on his general policy statement. The vote takes place by public ballot and by absolute majority of each of the two (2) Chambers. In the event of a vote of no confidence by one of the two (2) Chambers, the procedure begins again.

ARTICLE 159:

The Prime Minister executes the laws. In the absence, temporary incapacity of the President of the Republic or at his request, the Prime Minister chairs the Council of Ministers. He has regulatory power, but he can never suspend or interpret laws, acts and decrees, or dispense with executing 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 public officials directly or by delegation according to the conditions provided for by the Constitution and by the law on the general status of the Civil Service.

ARTICLE 161:

The Prime Minister and the Ministers have their entries into the Chambers to support the bills and the objections of the President of the Republic as well as to respond to questions.

ARTICLE 162:

The acts of the Prime Minister are countersigned, where applicable, by the Ministers responsible for their execution. The Prime Minister may be entrusted with a ministerial portfolio.

ARTICLE 163:

The Prime Minister and the Ministers are jointly and severally liable for the acts of the President of the Republic that they countersign and for those of their ministries. They are also responsible for the execution of the laws, each in what concerns them.

ARTICLE 164:

The office of Prime Minister and that of member of the Government are incompatible with any parliamentary mandate. In such a case, the parliamentarian opts for one or the other office.

ARTICLE 165:

In the event of the resignation of the Prime Minister, the Government remains in place until the appointment of his successor to handle current affairs.

SECTION E OF MINISTERS AND SECRETARIES OF STATE

ARTICLE 166:

The President of the Republic chairs the Council of Ministers. The number of these cannot be less than ten (10). The Prime Minister, when he deems it necessary, will add Secretaries of State to the Ministers.

ARTICLE 167:

The law determines the number of Ministries.

ARTICLE 168:

The ministerial function is incompatible with the exercise of any other public employment, except those of Higher Education.

ARTICLE 169:

Ministers are responsible for the acts of the Prime Minister that they countersign. They are jointly and severally responsible for the execution of the laws.

ARTICLE 169.1:

Under no circumstances may the written or verbal order of the President of the Republic or the Prime Minister exempt Ministers from the responsibility attached to their functions.

ARTICLE 170:

The Prime Minister, Ministers and Secretaries of State receive monthly allowances established by the Budget Law.

ARTICLE 171:

Ministers appoint certain categories of civil service agents by delegation of the Prime Minister, according to the conditions set by the law on the Civil Service.

ARTICLE 172:

When one of the two (2) Chambers, on the occasion of an interpellation, calls into question the responsibility of a Minister by a vote of censure taken by an absolute majority of its members, the Executive dismisses the Minister.

CHAPTER IV OF THE JUDICIAL POWER

ARTICLE 173:

The judicial power is exercised by a Court of Cassation, the Courts of Appeal, the courts of first instance, the courts of peace and the special courts whose number, composition, organization, operation and jurisdiction are set by law.

ARTICLE 173.1:

Disputes concerning civil rights are the exclusive responsibility of the courts.

ARTICLE 173.2:

No court or contentious jurisdiction may be established except by virtue of the law. No extraordinary court may be created under any name whatsoever.

ARTICLE 174:

Judges of the Court of Cassation and the Courts of Appeal are appointed for ten (10) years. Those of the courts of first instance are appointed for seven (7) years. Their term of office begins upon taking the oath.

ARTICLE 175:

Judges of the Court of Cassation are appointed by the President of the Republic from a list of three (3) persons per seat submitted by the Senate. Those of the courts of appeal and the courts of first instance are on a list submitted by the relevant Departmental Assembly; the justices of the peace on a list prepared by the Municipal Assemblies.

ARTICLE 176:

The law regulates the conditions required to be a judge at all levels. A School of the Judiciary is created.

ARTICLE 177:

The judges of the Court of Cassation, those of the Courts of Appeal and the courts of first instance are irremovable. They can only be dismissed for legally pronounced forfeiture or suspended following an indictment. They cannot be the subject of a new assignment, without their consent, even in the event of promotion. Their service can only be terminated during their mandate in the event of permanent physical or mental incapacity duly noted.

ARTICLE 178:

The Court of Cassation does not hear the merits of cases. However, in all matters other than those submitted to the Jury when on a second appeal, even on an exception, a case arises between the same parties, the Court of Cassation admitting the appeal, will not issue a referral and will rule on the merits, sections combined.

ARTICLE 178.1:

However, when it comes to appeals against interim orders, the investigating judge, the orders of the investigating judge, the appeal judgments rendered on the occasion of these orders or against the final sentences of the courts of the peace or the decisions of special courts of the Court of Cassation admitting appeals, it will rule without referral.

ARTICLE 179:

The functions of judge are incompatible with all other salaried functions, except that of Education.

ARTICLE 180:

Court hearings are public. However, they may be held in camera in the interest of public order and morality, upon decision of the court.

ARTICLE 180.1:

In matters of political offences and press offences, closed hearings may not be pronounced.

ARTICLE 181:

Orders or judgments rendered and executed in the name of the Republic. They carry the enforceable mandate to the officers of the Public Prosecutor’s Office and to the agents of the Public Force. Notarial acts subject to forced execution are put in the same form.

ARTICLE 182:

The Court of Cassation rules on conflicts of attributions, according to the method regulated by law.

ARTICLE 182.1:

It has jurisdiction over the facts and the law in all cases of decisions rendered by military courts.

ARTICLE 183:

The Court of Cassation, in the event of a dispute and upon referral thereof, shall rule in Joint Sections on the unconstitutionality of laws.

ARTICLE 183.1:

The interpretation of a law given by the Legislative Chambers shall apply to the subject of that law, without it being able to act retroactively by taking away acquired rights.

ARTICLE 183.2:

The courts shall apply public administration orders and regulations only to the extent that they are consistent with the laws.

ARTICLE 184:

The law determines the competences of the Courts and tribunals, regulates the manner of proceeding before them.

ARTICLE 184.1:

It also provides for disciplinary sanctions to be taken against judges and officers of the Public Prosecution Service, with the exception of judges of the Court of Cassation who are subject to the High Court of Justice for forfeiture.

CHAPTER V OF THE HIGH COURT OF JUSTICE

ARTICLE 185:

The Senate may set itself up as a High Court of Justice. The work of this Court is directed by the President of the Senate assisted by the President and Vice-President of the Court of Cassation as Vice-President and Secretary, respectively, unless judges of the Court of Cassation or Officers of the Public Prosecution Service near this Court are involved in the accusation, in which case, the President of the Senate will be assisted by two (2) Senators, one of whom will be designated by the accused and the aforementioned Senators have no deliberative vote.

ARTICLE 186:

The Chamber of Deputies, by a majority of two-thirds (2/3) of its members, pronounces the indictment of:

a) the President of the Republic for the crime of high treason or any other crime or offence committed in the exercise of his functions;

b) the Prime Minister, Ministers and Secretaries of State for crimes of high treason and embezzlement, or excess of power or any other crimes or offences committed in the exercise of their functions;

c) members of the Permanent Electoral Council and those of the Superior Court of Auditors and Administrative Disputes for serious misconduct committed in the exercise of their functions;

d) judges and officers of the Public Prosecutor’s Office near the Court of Cassation for forfeiture;

e) the Protector of the Citizen.

ARTICLE 187:

The members of the High Court of Justice take the following oath individually and at the opening of the hearing:

I swear before God and the Nation to judge with the impartiality and firmness that befit an honest and free man, according to my conscience and my intimate conviction

.

ARTICLE 188:

The High Court of Justice, by secret ballot and by absolute majority, appoints from among its members a Commission responsible for the investigation.

ARTICLE 188.1:

The decision, in the form of a decree, is rendered on the report of the Investigation Commission and by a majority of two-thirds (2/3) of the members of the High Court of Justice.

ARTICLE 189:

The High Court of Justice only sits with a majority of two-thirds (2/3) of its members.

ARTICLE 189.1:

It may not impose any other penalty than dismissal, forfeiture and deprivation of the right to exercise any public function for at least five (5) years and at most fifteen (15).

ARTICLE 189.2:

However, the convicted person may be brought before the ordinary courts, in accordance with the law, if there is reason to apply other penalties or to rule on the exercise of the civil action.

ARTICLE 190:

The High Court of Justice, once seized, must sit until the decision is pronounced, except to take into account the duration of the Sessions of the Legislative Body.

TITLE VI OF INDEPENDENT INSTITUTIONS

Chapter II - Of the Superior Court of Auditors and Administrative Disputes
Chapter III - Of the Conciliation Commission
Chapter IV - Of the Protection of the Citizen
Chapter V - Of the University - of the Academy - of Culture

CHAPTER I OF THE PERMANENT ELECTORAL COUNCIL

ARTICLE 191:

The Electoral Council is responsible for organizing and monitoring in complete independence, all electoral operations throughout the territory of the Republic until the proclamation of the results of the vote.

ARTICLE 191.1:

It also draws up the Draft Electoral Law which it submits to the Executive Power for the necessary follow-up.

ARTICLE 191.2:

He ensures that the electoral lists are kept up to date.

ARTICLE 192:

The Electoral Council comprises (9) nine members chosen from a list of (3) three names proposed by each of the Departmental Assemblies:

3 are chosen by the Executive Power;

3 are chosen by the Court of Cassation;

3 are chosen by the National Assembly. The aforementioned bodies ensure, as far as possible, that each of the departments is represented.

ARTICLE 193:

To be a member of the Permanent Electoral Council, one must:

1) be of Haitian origin;

2) be at least 40 years of age;

3) enjoy one’s civil and political rights and have never been sentenced to an afflictive and infamous punishment;

4) have received discharge from one’s management if one has been an accountant of public funds;

5) have resided in the country for at least three (3) years prior to his appointment.

ARTICLE 194:

The members of the Permanent Electoral Council are appointed for a period of (9) nine years, non-renewable. They are irremovable.

ARTICLE 194.1:

The Permanent Electoral Council is renewable by a third every (3) three years. The President is chosen from among the members.

ARTICLE 194.2:

Before taking office, the members of the Permanent Electoral Council take the following oath before the Court of Cassation:

I swear to respect the Constitution and the provisions of the Electoral Law and to carry out my duties with dignity, independence, impartiality and patriotism

.

ARTICLE 195:

In the event of serious misconduct committed in the exercise of their functions, the members of the Permanent Electoral Council are liable to the High Court of Justice.

ARTICLE 196:

The members of the Permanent Electoral Council may not hold any public office or be a candidate for an elective office for the entire duration of their mandate. In the event of resignation, any member of the Council must wait three (3) years before being able to run for an elective office.

ARTICLE 197:

The Permanent Electoral Council is the Litigation Authority for all disputes raised during elections or the application or violation of the electoral law, subject to any legal proceedings to be undertaken by the guilty party(ies) before the competent courts.

ARTICLE 198:

In the event of a vacancy created by death, resignation or any other cause, the replacement of the member shall be provided for, following the procedure set by

ARTICLE 192 for the remaining time, taking into account the Authority that had designated the member to be replaced.

ARTICLE 199:

The law determines the rules of organization and operation of the Permanent Electoral Council.

CHAPTER II OF THE SUPERIOR COURT OF AUDITORS AND ADMINISTRATIVE DISPUTES

ARTICLE 200:

The Superior Court of Auditors and Administrative Disputes is a financial, administrative, independent and autonomous jurisdiction. It is responsible for the administrative and jurisdictional control of the State’s revenues and expenditures, the verification of the accounts of State Enterprises as well as those of local authorities.

ARTICLE 200.1:

The Superior Court of Auditors and Administrative Disputes hears disputes involving the State and local authorities, the Administration and public officials, public services and citizens.

ARTICLE 200.2:

Its decisions are not subject to any appeal except for an appeal in cassation.

ARTICLE 200.3:

The Superior Court of Auditors and Administrative Disputes comprises two sections:

1) the Financial Control section;

2) the Administrative Litigation Section.

ARTICLE 200.4:

The Superior Court of Accounts and Administrative Litigation participates in the preparation of the Budget and is consulted on all issues relating to legislation on Public Finances and on all Draft Contracts, Agreements and Conventions of a financial and commercial nature to which the State is a party. It has the right to carry out audits in all public administrations.

ARTICLE 200.5:

To be a member of the Superior Court of Accounts and Administrative Litigation, one must:

a) be Haitian and have never renounced one’s Nationality;

b) be thirty-five (35) years of age;

c) have received discharge from one’s management when one was an accountant of public funds;

d) be a law graduate or a chartered accountant or holder of a diploma of Higher Studies in Public Administration, Economics and Public Finance;

e) have (5) years of experience in a public or private administration;

f) enjoy their civil and political rights.

ARTICLE 200.6:

Candidates for this position submit their candidacy directly to the Bureau of the Senate of the Republic. The Senate elects the ten (10) members of the Court, who from among them designate their President and Vice-President.

ARTICLE 201:

They are invested with one (1) term of ten (10) years and are irremovable.

ARTICLE 202:

Before taking office, the members of the Superior Court of Accounts and Administrative Disputes take the following oath before a Section of the Court of Cassation:

I swear to respect the Constitution and the laws of the Republic, to fulfill my functions with accuracy and loyalty and to conduct myself in all things with dignity

.

ARTICLE 203:

The members of the Superior Court of Accounts and Administrative Disputes are subject to the High Court of Justice for serious misconduct committed in the exercise of their functions.

ARTICLE 204:

The Superior Court of Accounts and Administrative Disputes sends each year to the Legislative Body within thirty (930) days following the opening of the First Legislative Session, a complete report on the financial situation of the Country and on the efficiency of public spending.

ARTICLE 205:

The organization of the aforementioned Court, the status of its members, and its mode of operation are established by law.

CHAPTER III OF THE CONCILIATION COMMISSION

ARTICLE 206:

The Conciliation Commission is called upon to settle disputes between the executive and legislative branches or the two (2) branches of the legislative branch. It is formed as follows:

a) the President of the Court of Cassation: President;

b) the President of the Senate: Vice-President;

c) the President of the Chamber 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) ministers designated by the President of the Republic: Members.

ARTICLE 206.1:

The mode of operation of the Conciliation Commission is determined by the Law.

CHAPTER IV OF THE PROTECTION OF THE CITIZEN

ARTICLE 207:

An office called the OFFICE OF THE PROTECTION OF THE CITIZEN is hereby created, the purpose of which is to protect every individual against all forms of abuse by the Public Administration.

ARTICLE 207.1:

The Office is headed by a citizen who bears the title of PROTECTOR OF THE CITIZEN. He is chosen by consensus between the President of the Republic, the President of the Senate and the President of the Chamber of Deputies. He is vested with a term of seven (7) years, non-renewable.

ARTICLE 207.2:

Its intervention on behalf of any complainant is free of charge, regardless of the jurisdiction.

ARTICLE 207.3:

A law establishes the conditions and operating regulations of the Office of the Citizen Protector.

CHAPTER V OF THE UNIVERSITY - OF THE ACADEMY - OF CULTURE

ARTICLE 208:

Higher Education is free. It is provided by the State University of Haïti which is autonomous and by Public Higher Schools and Private Higher Schools approved by the State.

ARTICLE 209:

The State must finance the operation and development of the University of Haïti and public Higher Education Schools. Their organization and location must be considered in a regional development perspective.

ARTICLE 210:

The creation of research centers must be encouraged.

ARTICLE 211:

The authorization to operate of Universities and Private Higher Education Schools is subject to the technical approval of the State University Council, to a majority Haitian participation in the Capital and the Faculty as well as to the obligation to teach in particular in the official language of the country.

ARTICLE 211.1:

Private or Public Universities and Higher Education Schools provide Academic and practical Education adapted to the evolution and needs of national development.

ARTICLE 212:

An Organic Law regulates the creation, location and operation of the country’s public and private Universities and Higher Schools.

ARTICLE 213:

A Haitian Academy is established to establish the Creole language and allow its scientific and harmonious development.

ARTICLE 213.1:

Other academies may be created.

ARTICLE 214:

The title of Member of the Academy is purely honorary.

ARTICLE 214.1:

The law determines the mode, organization and operation of the academies.

ARTICLE 215:

The archaeological, historical, cultural and folkloric riches of the Country as well as the architectural riches, witness to the greatness of our past, are part of the National Heritage. Consequently, the monuments, ruins, sites of the great feats of arms of our ancestors, the renowned centers of our African beliefs and all vestiges of the past are placed under the protection of the State.

ARTICLE 216:

The law determines for each domain the special conditions of this protection.

TITLE VII PUBLIC FINANCES

ARTICLE 217:

The Finances of the Republic are decentralized. Management is ensured by the relevant Ministry. The Executive, assisted by an Interdepartmental Council, draws up the law which sets the portion and nature of public revenues allocated to the Local Authorities.

ARTICLE 218:

No tax for the benefit of the State may be established except by law. No charge, no imposition, whether departmental, municipal or communal section, may be established except with the consent of these territorial communities.

ARTICLE 219:

No privilege may be established in matters of taxes. No exception, no increase, decrease or elimination of tax may be established except by law.

ARTICLE 220:

No pension, no gratuity, no allowance, no subsidy payable by the Public Treasury may be granted except by virtue of a law. Pensions paid by the State are indexed to the cost of living.

ARTICLE 221:

The accumulation of public functions paid by the State is formally prohibited, except for those of Education, subject to special provisions.

ARTICLE 222:

The procedures relating to the preparation of the Budget and its Execution are determined by Law.

ARTICLE 223:

The control of the execution of the Law on the budget and on Public accounting is ensured by the Superior Court of Auditors and Administrative Disputes and by the Budget Office.

ARTICLE 224:

Monetary Policy is determined by the Central Bank jointly with the Ministry of Economy and Finance.

ARTICLE 225:

An Autonomous Public Body enjoying legal personality and financial autonomy fulfills the functions of the Central Bank. Its status is determined by law.

ARTICLE 226:

The Central Bank is vested with the exclusive privilege of issuing, with legal tender throughout the Territory of the Republic, banknotes representing the Monetary Unit, the divisional currency, according to the title, weight, description, number and use fixed by Law.

ARTICLE 227:

The budget of each Ministry is divided into Chapters and Sections, and must be voted on Article by Article.

ARTICLE 227.1:

The values ​​to be drawn on the budgetary allocations may not in any case exceed one twelfth of the allocation for a given month, except in December because of the bonus to be paid to all Civil Servants and Public Employees.

ARTICLE 227.2:

The general accounts of the revenues and expenditures of the Republic are managed by the Minister of Finance according to a method of accounting established by law.

ARTICLE 227.3:

The General Accounts and Budgets prescribed by the preceding Article, accompanied by the report of the Superior Court of Accounts and Administrative Disputes must be submitted to the Legislative Chambers 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 the operations of the Central Bank, as well as all other accounts of the Haitian State.

ARTICLE 227.4:

The administrative year begins on the first of October of each year and ends on the thirty (30) of September of the following year.

ARTICLE 228:

Each year, the Legislative Body shall establish:

a) the account of the State’s revenues and expenditures for the past year or previous years;

b) the General State Budget containing the overview and the portion of the funds allocated for the year to each Ministry.

ARTICLE 228.1:

However, no proposal or amendment may be introduced to the Budget when it is voted on without the corresponding forecast of ways and means.

ARTICLE 228.2:

No increase or reduction may be made to the salaries of civil servants except by an amendment to the relevant Laws.

ARTICLE 229:

The Legislative Chambers may refrain from all Legislative Work until the aforementioned documents are presented to them. They refuse to discharge Ministers when the accounts presented do not provide, by themselves or the supporting documents, the necessary elements of verification and assessment.

ARTICLE 230:

The examination and settlement of the Accounts of the General Administration and of any accountant of public funds are done according to the method established by the Law.

ARTICLE 231:

In the event that the Legislative Chambers, for whatever reason, do not establish the Budget for one or more Ministerial Departments in time before their adjournment, the Budget(s) of the Departments concerned shall remain in force until the vote and adoption of the new Budget.

ARTICLE 231.1:

In the event that due to the fault of the Executive, the Budget of the Republic has not been voted, the President of the Republic shall immediately convene the Legislative Chambers in Extraordinary Session for the sole purpose of voting on the State Budget.

ARTICLE 232:

The Bodies, Autonomous Enterprises and Entities subsidized by the Public Treasury in whole or in part shall be governed by Special Budgets and salary and wage systems approved by the Executive Power.

ARTICLE 233:

In order to exercise serious and permanent control of public expenditure, a Parliamentary Commission of fifteen (15) Members, including nine (9) Deputies and six (6) Senators, responsible for reporting on the management of Ministers to enable the two (2) Assemblies to discharge them, is elected by secret ballot at the beginning of each Ordinary Session. This Commission may appoint specialists to assist it in its control.

TITLE VIII OF THE PUBLIC SERVICE

ARTICLE 234:

The Haitian Public Administration is the instrument by which the State realizes its missions and objectives. To guarantee its profitability, it must be managed with honesty and efficiency.

ARTICLE 235:

Civil Servants and Employees are exclusively at the service of the State. They are committed to strict compliance with the standards and ethics determined by the Civil Service Act.

ARTICLE 236:

The Act establishes the organization of the various structures of the Administration and specifies their operating conditions.

ARTICLE 236.1:

The Act regulates the Civil Service on the basis of aptitude, merit and discipline. It guarantees job security.

ARTICLE 236.2:

The Civil Service is a career. No civil servant may be hired except by way of competition or other conditions prescribed by the Constitution and by law, nor may he be dismissed except for reasons specifically determined by law. This dismissal must be pronounced in all cases by the Administrative Disputes.

ARTICLE 237:

Career civil servants do not belong to a specific public service but to the Civil Service which places them at the disposal of the various State Bodies.

ARTICLE 238:

Civil servants indicated by law are required to declare the State of their assets to the Registry of the Civil Court within thirty (30) days following their entry into office. The Government Commissioner must take all measures he deems necessary to verify the accuracy of the declaration.

ARTICLE 239:

Civil Servants and Public Employees may join forces to defend their rights under the conditions provided for by the Law.

ARTICLE 240:

Political Functions or Offices do not give rise to an administrative career, in particular the functions of Minister and Secretary of State, Public Prosecutor, Delegate and Vice-Delegate, Ambassador, Private Secretary to the President of the Republic, Member of a Minister’s Cabinet, Director General of a Ministerial Department or Autonomous Body, and Members of the Board of Directors.

ARTICLE 241:

The Law punishes tax offenses and illicit enrichment. Civil Servants who become aware of such facts have a duty to report them to the Competent Authority.

ARTICLE 242:

Illicit enrichment may be established by all means of proof, in particular by presumption of the marked disproportion between the means acquired by the civil servant since taking up his duties and the accumulated amount of the Salary or Emoluments to which he was entitled by the office held.

ARTICLE 243:

A civil servant guilty of the above-mentioned offences may only benefit from the twenty-year limitation period. This limitation period only begins to run from the cessation of his duties or from the causes which would have prevented any prosecution.

ARTICLE 244:

The State has a duty to avoid major disparities in salaries in the Public Administration.

TITLE IX

Chapter II - Environment

CHAPTER I ECONOMY - AGRICULTURE

ARTICLE 245:

Economic freedom is guaranteed as long as it does not conflict with the social interest. The State protects private enterprise and aims to ensure that it develops in the conditions necessary for increasing national wealth in order to ensure the participation of the greatest number in the benefit of this wealth.

ARTICLE 246:

The State encourages in rural and urban areas, the formation of production cooperatives, the transformation of primary products and the spirit of enterprise with a view to promoting the accumulation of National Capital to ensure the permanence of development.

ARTICLE 247:

Agriculture, the main source of national wealth, is the guarantor of the well-being of the population and the socio-economic progress of the Nation.

ARTICLE 248:

A Special Body called the NATIONAL INSTITUTE OF AGRARIAN REFORM is hereby created to organize the overhaul of land structures and implement an agrarian reform for the benefit of the real farmers of the land. This Institute develops an agrarian policy focused on optimizing productivity by setting up infrastructure aimed at protecting land development.

ARTICLE 248.1:

The Law determines the minimum and maximum surface area of ​​the basic units of agricultural holdings.

ARTICLE 249:

The State has the obligation to establish the necessary structures to ensure the maximum productivity of the land and the internal marketing of foodstuffs. Technical and financial support units are established to assist farmers at the level of each Communal Section.

ARTICLE 250:

No monopoly may be established in favor of the State and the Territorial Communities except in the exclusive interest of the Company. This monopoly may not be transferred to an individual.

ARTICLE 251:

The importation of agricultural foodstuffs and their derivatives produced in sufficient quantity on the National Territory is prohibited except in cases of force majeure.

ARTICLE 252:

The State may take charge of the operation of companies producing goods and services essential to the Community, in order to ensure their continuity in the event that the existence of these Establishments is threatened. These Companies will be grouped in an integrated management system.

CHAPTER II OF THE ENVIRONMENT

ARTICLE 253:

Since the environment is the natural framework of life of the population, practices likely to disturb the ecological balance are formally prohibited.

ARTICLE 254:

The State organizes the development of natural sites, ensures their protection and makes them accessible to all.

ARTICLE 255:

To protect forest reserves and expand vegetation cover, the State encourages the development of clean forms of energy: solar, wind and others.

ARTICLE 256:

As part of the protection of the Environment and Public Education, the State has the obligation to proceed with the creation and maintenance of botanical and zoological gardens in certain points of the Territory.

ARTICLE 257:

The law determines the conditions for the protection of fauna and flora. It sanctions offenders.

ARTICLE 258:

No one may introduce into the Country waste or residues of foreign origin of any nature whatsoever.

TITLE X OF THE FAMILY

ARTICLE 259:

The State protects the Family, the fundamental basis of Society.

ARTICLE 260:

It must provide equal protection to all Families, whether or not they are constituted in the bonds of marriage. It must provide help and assistance for motherhood, childhood and old age.

ARTICLE 261:

The Law ensures protection for all Children. Every child has the right to love, affection, understanding and moral and material care from his or her father and mother.

ARTICLE 262:

A Family Code must be drawn up to ensure the protection and respect of the rights of the Family and to define the forms of the search for paternity. The Courts and other State Bodies responsible for the protection of these rights must be accessible free of charge at the level of the smallest Territorial Community.

TITLE XI OF THE PUBLIC FORCE

Chapter I: Armed Forces
Chapter II: Police Forces

ARTICLE 263:

The Public Force is composed of two (2) distinct Corps:
a) the Armed Forces of Haiti;
b) the Police Forces.

ARTICLE 263.1:

No other Armed Corps may exist on the National Territory.

ARTICLE 263.2:

Any Member of the Public Force takes, upon enlistment, the oath of allegiance and respect to the Constitution and the flag.

CHAPTER I OF THE ARMED FORCES

ARTICLE 264:

The Armed Forces include the Land, Sea, Air and Technical Services Forces. The Armed Forces of Haïti are established to guarantee the security and integrity of the Territory of the Republic.

ARTICLE 264.1:

The Armed Forces are effectively commanded by a General Officer with the title Commander-in-Chief of the Armed Forces of Haiti.

ARTICLE 264.2:

The Commander-in-Chief of the Armed Forces, in accordance with the Constitution, is chosen from among the General Officers in active service.

ARTICLE 264.3:

His term of office is set at three (3) years. It is renewable.

ARTICLE 265:

The Armed Forces are apolitical. Their members may not be part of a political group or party and must observe the strictest neutrality.

ARTICLE 265.1:

Members of the Armed Forces exercise their right to vote in accordance with the Constitution.

ARTICLE 266:

The Armed Forces have the following responsibilities:

a) Defend the Country in the event of war;

b) Protect the Country against threats from outside;

c) Ensure surveillance of land, sea and air borders;

d) Provide assistance, upon reasoned request from the Executive, to the Police in the event that the latter cannot fulfill its task;

e) Assist the nation in the event of a natural disaster;

f) In addition to its own responsibilities, the Armed Forces may be assigned to development tasks.

ARTICLE 267:

Military personnel in active service may not be appointed to any Public Function, except temporarily to exercise a specialty.

ARTICLE 267.1:

Any military member in active service, in order to run for an elective office, must obtain his or her availability or retirement one (1) year before the publication of the Electoral Decree.

ARTICLE 267.2:

A military career is a profession. It is hierarchical. The conditions of engagement, ranks, promotions, dismissals, and retirements are determined by the regulations of the Armed Forces of Haiti.

ARTICLE 267.3:

A military member is only subject to trial by a Military Court for offenses and crimes committed during wartime or for offenses relating to military discipline. He or she may not be subject to any dismissal, availability, reform, or early retirement except with his or her consent. In the event that consent is not granted, the person concerned may appeal to the Competent Court.

ARTICLE 267.4:

The Military personnel shall retain the last rank obtained in the Armed Forces of Haïti for the rest of their life. They may only be deprived of it by a decision of the Competent Court that has become final and binding.

ARTICLE 267.5:

The State must provide Military personnel of all ranks with benefits that fully guarantee their material security.

ARTICLE 268:

As part of a mandatory mixed National Civic Service, provided for by the Constitution in Article 52-3, the Armed Forces participate in the organization and supervision of this service. Military service is compulsory for all Haitians aged at least eighteen (18). The law establishes the recruitment method, duration and operating rules of these services.

ARTICLE 268.1:

Every citizen has the right to armed self-defense, within the limits of his home but does not have the right to carry weapons without the express and justified authorization of the Chief of Police.

ARTICLE 268.2:

Possession of a firearm must be declared to the Police.

ARTICLE 268.3:

The Armed Forces have a monopoly on the manufacture, import, export, use and possession of weapons of war and their ammunition, as well as war material. CHAPTER II POLICE FORCES

ARTICLE 269:

The Police is an Armed Corps. Its operation is the responsibility of the Ministry of Justice.

ARTICLE 269.1:

It is created to guarantee public order and protect the lives 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 term of three (3) years, renewable.

ARTICLE 271:

One (1) Academy and one (1) Police School are created, the organization and operation of which are determined by law.

ARTICLE 272:

Specialized Sections including the Prison Administration, the Fire Service, the Traffic Service, the Road Police, Criminal Investigations, the Narcotics and Anti-smuggling Service are created by the Law governing the Organization, Operation and Location of the Police Forces.

ARTICLE 273:

The Police as an auxiliary of Justice, search for contraventions, offenses and crimes committed with a view to discovering and arresting their perpetrators.

ARTICLE 274:

Public Force Agents in the exercise of their functions are subject to civil and criminal liability in the forms and conditions provided for by the Constitution and by the Law.

TITLE XII GENERAL PROVISIONS

ARTICLE 275:

Unemployment of the Public and Private Administration and Commerce will be observed on the occasion of National Holidays and Legal Holidays.

ARTICLE 275.1:

The national holidays are:

1) National Independence Day on January 1st;

2) Grandfathers’ Day on January 2nd;

3) Agriculture and Labor Day on May 1st;

4) Flag and University Day on May 18th;

5) Commemoration of the Battle of Vertières ARMED FORCES DAY, on November 18th.

ARTICLE 275.2:

Legal Holidays are determined by Law.

ARTICLE 276:

The National Assembly may not ratify any Treaty, Convention or International Agreement containing clauses contrary to this Constitution.

ARTICLE 276.1:

The ratification of Treaties, Conventions and International Agreements is given in the form of a Decree.

ARTICLE 276.2:

Treaties or International Agreements, once sanctioned and ratified in the forms provided for by the Constitution, are part of the Legislation of the Country and repeal all Laws that are contrary to them.

ARTICLE 277:

The Haitian State may join a State Economic Community to the extent that the Association Agreement stimulates the economic and social development of the Republic of Haïti and does not contain any clause contrary to this Constitution.

ARTICLE 278:

No place, no part of the Territory may be declared in a state of siege except in the event of civil war or invasion by a foreign force.

ARTICLE 278.1:

The act of the President of the Republic declaring a state of siege must be countersigned by the Prime Minister, by all Ministers and bring an immediate convocation of the National Assembly called to decide on the advisability of the measure.

ARTICLE 278.2:

The National Assembly shall decide with the Executive Power, the Constitutional Guarantees that may be suspended in the parts of the Territory placed in a state of siege.

ARTICLE 278.3:

The state of siege shall lapse if it is not renewed every fifteen (15) days after its entry into force by a vote of the National Assembly.

ARTICLE 278.4:

The National Assembly shall sit for the entire duration of the state of siege.

ARTICLE 279:

Thirty (30) days after his election, the President of the Republic must file with the registry of the Court of First Instance of his domicile, the notarized inventory of all his property, movable and immovable, the same shall apply at the end of his term.

ARTICLE 279.1:

The Prime Minister, Ministers and Secretaries of State are subject to the same obligation within thirty (30) days of their installation and their departure from office.

ARTICLE 280:

No expenses, no compensation generally whatsoever is granted to the Members of the Grand Corps of the State for the special tasks assigned to them.

ARTICLE 281:

On the occasion of national consultations, the State takes charge proportionally to a number of votes obtained a part of the expenses incurred during the electoral campaigns.

ARTICLE 281.1:

Only parties that have obtained ten percent (10%) of the votes cast at the national level with a departmental floor of five percent (5%) are eligible for such facilities.

TITLE XIII AMENDMENTS TO THE CONSTITUTION

ARTICLE 282:

The Legislative Power, on the proposal of one of the two (2) Chambers or the Executive Power, has the right to declare that there is reason to amend the Constitution, with supporting reasons.

ARTICLE 282.1:

This declaration must have the support of two (2/3) of each of the two (2) Chambers. It can only be made during the last Ordinary Session of a Legislature and is published immediately throughout the Territory.

ARTICLE 283:

At the first Session of the following Legislature, the Chambers meet in the National Assembly and decide on the proposed amendment.

ARTICLE 284:

The National Assembly cannot sit or deliberate on the amendment if at least two (2/3) thirds of the Members of each of the two (2) Chambers are not present.

ARTICLE 284.1:

No decision of the National Assembly can be adopted except by a majority of two (2/3) thirds of the votes cast.

ARTICLE 284.2:

The amendment obtained may only come into force after the installation of the next elected President. In no case may the President under whose government the amendment took place benefit from the advantages resulting therefrom.

ARTICLE 284.3:

Any Popular Consultation tending to modify the Constitution by way of Referendum is formally prohibited.

ARTICLE 284.4:

No amendment to the Constitution may undermine the democratic and republican character of the State.

TITLE XIV OF TRANSITIONAL PROVISIONS

ARTICLE 285:

The National Council of Government remains and remains in office until February 7, 1988, the date of investiture of the President of the Republic elected under the empire of the Present Constitution in accordance with the Electoral Calendar.

ARTICLE 285.1:

The National Council of Government is authorized to take in Council of Ministers, in accordance with the Constitution, decrees having the force of Law until the entry into office of the deputies and Senators elected under the empire of the Present Constitution.

ARTICLE 286:

Any Haitian who has adopted a foreign nationality during the twenty-nine (29) years preceding February 7, 1986 may, by a declaration made to the Ministry of Justice within a period of two (2) years from the publication of the Constitution, recover his Haitian nationality with the benefits that result therefrom, in accordance with the Law.

ARTICLE 287:

Given the situation of Haitians expatriated voluntarily or involuntarily, the residence periods provided for in the Present Constitution are reduced to one full year for the next elections.

ARTICLE 288:

On the occasion of the next Electoral Consultation, the mandates of the three (3) Senators elected for each Department will be established as follows:

a) The Senator who obtained the greatest number of votes, will benefit from one (1) mandate of six (6) years;

b) The Senator who comes second in terms of the number of votes, will be invested with one (1) mandate of four (4) years;

c) The third Senator will be elected for two (2) years. Thereafter, each Senator elected, will be invested with one (1) mandate of six (6) years.

ARTICLE 289:

Pending the establishment of the Permanent Electoral Council provided for in this Constitution, the Provisional Electoral Council of nine (9) Members, responsible for the execution and development of the Electoral Law to govern the next elections and designated as follows:

1) One by the Executive, non-civil servant;

2) One by the Episcopal Conference;

3) One by the Consultative Council;

5) One by the Human Rights Defense organizations not participating in electoral competitions;

6) One by the University Council;

7) One by the Association of Journalists;

8) One by the Reformed Religions;

9) One by the National Council of Cooperatives.

ARTICLE 289.1:

Within a fortnight following the ratification of this Constitution, the concerned Bodies or Organizations shall forward to the Executive the name of their representative.

ARTICLE 289.2:

In the event of abstention by a Body or organization mentioned above, the Executive shall fill the vacancy(ies).

ARTICLE 289.3:

The mission of this Provisional Electoral Council shall end upon the entry into office of the elected President.

ARTICLE 290:

The members of the First Permanent Electoral Council shall decide by drawing lots for the nine (9), six (6) and three (3) year terms, provided for the renewal by thirds (1/3) of the Council.

ARTICLE 291:

The following may not run for any public office during the ten (10) years following the publication of this Constitution, without prejudice to criminal or civil action:

a) Any person known to have been, through his excesses of zeal, one of the architects of the dictatorship and its maintenance during the last twenty-nine (29) years;

b) Any accountant of public funds during the years of the dictatorship over whom there is a presumption of illicit enrichment;

c) Any person denounced by public outcry for having practiced torture on political prisoners, during arrests and investigations or for having committed political assassinations.

ARTICLE 292:

The Provisional Electoral Council responsible for receiving candidacy applications ensures the strict application of this provision.

ARTICLE 293:

All decrees of expropriation of real estate in urban and rural areas of the Republic of the last two (2) Haitian Governments for the benefit of the State or companies in formation are canceled if the purpose for which they were taken has not been carried out during the last ten (10) years.

ARTICLE 293.1:

Any individual who is the victim of confiscation of property or arbitrary dispossession for political reasons, during the period extending from October 22, 1957 to February 7, 1986, may recover his property before the competent Court. In this case, the procedure is swift as for urgent cases and the decision is subject only to appeal to the Court of Cassation.

ARTICLE 294:

Convictions to afflictive and infamous penalties for political reasons from 1957 to 1986, do not create any impediment to the exercise of Civil and Political Rights.

ARTICLE 295:

Within six (6) months from the entry into office of the First President elected under the 1987 Constitution, the Executive Power is authorized to proceed with all reforms deemed necessary in the Public Administration in general and in the Judiciary.

TITLE XV FINAL PROVISIONS

ARTICLE 296:

All Codes of Laws or Justice Manuals, all Decrees-Laws and all Decrees and Orders currently in force are maintained in all that is not contrary to this Constitution.

ARTICLE 297:

All Laws, all Decree-Laws, all Decrees arbitrarily restricting the fundamental rights and freedoms of citizens, in particular:

a) The Decree-Law of September 5, 1935 on superstitious beliefs;

b) The Law of August 2, 1977 establishing the State Security Tribunal;

c) The Law of July 28, 1975 subjecting the lands of the Artibonite Valley to an exceptional status;

d) The Law of April 29, 1969 condemning any doctrine of importation; Are and remain repealed.

ARTICLE 298:

This Constitution must be published within two weeks of its ratification by referendum. It shall enter into force upon its publication in the MONITEUR, Official Journal of the Republic. Given at the Legislative Palace, in Port-au-Prince, seat of the National Constituent Assembly, on March 10, 1987, the 184th year of Independence.