Source of constitutional authority
The Haitian people proclaim this Constitution:
English Translation © 2012 by William S. Hein & Co., Inc. All rights reserved.
Translated by Maria del Carmen Gress and Jefri J. Ruchti
The Haitian people proclaim this Constitution:
To guarantee their inalienable and imprescriptible rights to life, to liberty and to the pursuit of happiness; in accordance with their Act of Independence of 1804 and with the Universal Declaration of the Rights of Man of 1948.
To constitute a Haitian nation, socially just, economically free, and politically independent.
To establish a State stable and strong, capable of protecting the values, the traditions, the sovereignty, the independence and the national vision.
To implant democracy which implies ideological pluralism and political alternation and to affirm the inviolable rights of the Haitian People.
To fortify the national unity, eliminating all discrimination between the populations, of the towns and of the countryside, by the acceptance of the community of languages and of culture and by the recognition of the right to progress, to information, to education, to health, to work and to leisure for all citizens [masculine] and citizens [feminine].
To assure the separation, and the harmonious division of the powers of the State to the service of the fundamental interests and priorities of the Nation.
To establish a governmental regime based on the fundamental liberties and the respect for human rights, the social peace, economic equity, the equity of gender, the concerted action and the participation of all the population in the grand decisions engaging the national life, by an effective decentralization.
To assure to women a representation in the instances of power and of decision which must conform to the equality of the sexes and to equity of gender.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Haiti is an indivisible, sovereign, independent, free, democratic and unified Republic.
The city of Port-au-Prince is the capital and the seat of government. This seat may be moved elsewhere for reasons of force majeure.
The national colors shall be blue and red.
The emblem of the Haitian Nation shall be a flag with the following description:
The national motto is: Liberty; Equality, Fraternity.
The national anthem shall be the “Dessalinienne.”
All Haitians are united by a common language: Creole. Creole and French are the official languages of the Republic.
The monetary unit shall be the gourde, which is divided into centimes.
The cult of the personality is categorically forbidden. Effigies and names of living personages may not appear on the currency, stamps, seals, public buildings, streets or works of art.
Use of effigies of deceased persons must be approved by the Legislature.
The territory of the Haitian Republic comprises:
The territory of the Haitian Republic is inviolable and may not be alienated either in whole or in part by any treaty or convention.
The territory of the Republic is divided and subdivided into Departments, Arrondissements, Communes, Quartiers and Communal Sections.
The law determines the number and boundaries of these divisions and subdivisions, and regulates their organization and operation.
The regulations governing Haitian nationality shall be determined by law.
Any person born of a Haitian father or Haitian mother who are themselves native-born Haitians and have never renounced their nationality possesses Haitian nationality at the time of birth.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The law establishes the conditions in which an individual may acquire the Haitian nationality.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Any Haitian, except for the privileges reserved to Haitians of origin, is subject to all the rights, duties and obligations attached to their Haitian nationality.
No Haitian can make their foreign nationality prevail on the territory of the Republic.
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The enjoyment, and the exercise of the civil and political rights constitute the quality of the citizen. The suspension or the loss of these rights is regulated by the law.
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
The age of majority is eighteen (18) years.
All Haitians, regardless of sex or marital status, who have attained twenty-one years of age may exercise their political and civil rights if the meet the other conditions prescribed by the Constitution and by law.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The principle of the quota of at least thirty percent (30%) of women is recognized at all levels of national life, notably in the public services.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Haitians shall be equal before the law, subject to the special advantages conferred on native-born Haitians who have never renounced their nationality.
The State has the absolute obligation to guarantee the right to life, health, and respect of the human person for all citizens without distinction, in conformity with the Universal Declaration of the Rights of Man.
The death penalty is abolished in all cases.
The crime of high treason consists in bearing arms in a foreign army against the Republic, serving a foreign nation in a conflict with the Republic, in any official’s stealing state property, entrusted to his management, or any violation of the Constitution by those responsible for enforcing it.
The crime of high treason is punishable by forced labor for life without commutation of sentence.
The State recognizes the right of every citizen to decent housing, education, food and social security.
The State has the obligation to ensure for all citizens in all territorial divisions appropriate means to ensure protection, maintenance and restoration of their health by establishing hospitals, health centers and dispensaries.
Individual liberty is guaranteed and protected by the State.
No one may be prosecuted, arrested or detained except in the cases determined by law and in the manner it prescribes.
Except where the perpetrator of a crime is caught in the act, no one may be arrested or detained other than by written order of a legally competent official.
For such an order to be carried out, the following requirements must be met:
Any unnecessary force or restraint in the apprehension of a person or in keeping him under arrest, or any psychological pressure or physical brutality, especially during interrogation, is forbidden.
No one may be interrogated without his attorney or a witness of his choice being present.
No one may be kept under arrest more than forty-eight (48) hours unless he has appeared before a judge asked to rule on the legality of the arrest and the judge has confirmed the arrest by a well-founded decision.
In the case of a petty violation, the accursed shall be referred to a justice of the peace, who shall then hand down a final decision.
In the case for more serious offenses or crimes, an appeal may be filed, without prior permission, simply by addressing a petition to the presiding judge of the competent civil court, who, on the basis of the oral statement of the prosecutor, shall rule on the legality of the arrest and detention, in a special session of the court, without postponement or rotation of judges, all other cases being suspended.
If the arrest is judged to be illegal, the judge shall order the immediate release of the arrested person and that order shall be enforceable immediately, regardless of any appeal to a higher court or the supreme court for an order forbidding enforcement of the judgment.
Any violation of the provisions on individual liberty are arbitrary acts. Injured parties may, without prior authorization, appeal to the competent courts, to bring suit against the authors and perpetrators of these arbitrary acts, regardless of their rank or the body to which they belong.
Government officials and employees are directly liable under civil and administrative criminal law for acts carried out in violation of rights. In such cases, civil liability extends to the State as well.
Every Haitian has the right to express his opinions freely on any matter by any means he chooses.
Journalists shall freely exercise their profession within the framework of the law. Such exercise may not be subject to any authorization or censorship, except in the case of war.
Journalists may not be compelled to reveal their sources. However, it is their duty to verify the authenticity and accuracy of information. It is also this obligation to respect the ethics of their profession.
All offenses involving the press and abuses of the right of expression come under the code of criminal law.
The right of petition is recognized. It is exercised personally by one or more citizens but never in the name of a body.
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
All religions and faiths shall be freely exercised. Everyone is entitled to profess his religion and practice his faith, provided the exercise of that right does not disturb law and order.
No one may be compelled to belong to a religious organization or to follow a religious teaching contrary to his convictions.
The law establishes the conditions for recognition and practice of religions and faiths.
Freedom of unarmed assembly and association for political, economic, social, cultural or any other peaceful purposes is guaranteed.
Political parties and groups shall compete with each other in the exercise of suffrage. They may be established and may carry out their activities freely. They must respect the principles of national and democratic sovereignty. The law determines the conditions for their recognition and operation, and the advantages and privileges reserved to them.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
Any law concerning the Political Parties must reserve in its structures and in its mechanisms of functioning a treatment in conformity with the principle of the quota of at least thirty percent (30%) of women as expressed in Article 17-1.
The police authorities must be notified in advance of assemblies outdoors in public places.
No one may be compelled to join any association of any kind.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The State guarantees the right to education. Instruction is free to all the degrees. This freedom is exercised under the control of the State.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Education is a responsibility of the State and of the territorial collectivities. They must place school freely within the reach of all, and see to the level of training of the teachers of the public and non-public sectors.
The first responsibility of the State and its territorial divisions is education of the masses, which is the only way the country can be developed. The State shall encourage and facilitate private enterprise in this field.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Fundamental education is obligatory. The classical necessities and didactic materials shall be placed freely by the State at the disposition of the students at the level of fundamental education.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Agricultural, vocational and technical education is a responsibility taken by the State and the territorial collectivities.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Preschool and maternal instruction will be a responsibility taken by the State and the territorial collectivities.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The access to superior studies is open, in full equality, to all.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The State must see to it that each territorial collectivity is endowed with establishments adapted to the needs of its development.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The State guarantees to persons with special needs the protection, the education and any other means necessary for their full enjoyment and for their integration or reintegration into society.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The State and the territorial collectivities have as a duty to make all the provisions necessary with a view to intensify the campaign of literacy of the masses. They encourage all private initiatives directed to this end.
Teachers are entitled to a fair salary.
There shall be freedom of education at all levels. This freedom shall be exercised under the control of the State.
Except where perpetrators of crimes are caught in the act, the premises of educational establishments are inviolable. No police forces may enter them except with the permission of the supervisors of those establishments.
This provision does not apply when an educational establishment is used for the purposes.
Freedom to work is guaranteed; every citizen has the obligation to engage in work of his choice to meet his own and his family’s needs, and to cooperate with the State in the establishment of a social security system.
Every employee of a private or public institution is entitled to a fair wage, to rest, to a paid annual vacation and to a bonus.
The State guarantees workers equal working conditions and wages regardless of their sex, beliefs, opinions and marital status.
Trade union freedom is guaranteed. any worker in the public or private sector may join a union representing his particular occupation solely to protect his work interests.
Unions are essentially nonpolitical, nonprofit, and nondenominational. No one may be forced to join a union.
The right to strike is recognized under the limits set by law.
The minimum age for gainful employment is set by law. Special laws govern the work of minors and servants.
Private property is recognized and guaranteed. The law specifies the manner of acquiring and enjoying it, and the limits placed upon it.
Expropriation for a public purpose may be effected only by payment or deposit ordered by a court in favor of the person entitled thereto, of fair compensation established in advance by an expert evaluation.
If the initial project is abandoned, the expropriation is canceled. The property may not be subject to any speculation and must be restored to its original owner without any reimbursement for the small holder. The expropriation measure is effective upon the startup of the project.
Nationalization and confiscation of goods, property and buildings for political reasons are forbidden.
No one may be deprived of his legitimate right of ownership other than by a final judgment by a court of ordinary law, except under an agrarian reform.
Ownership also entails obligations. Uses of property cannot be contrary to the general interest.
Landowners must cultivate, work, and protect their land, particularly against erosion. The penalty for failure to fulfill this obligation shall be prescribed by law.
The right to own property does not extend to the coasts, springs, rivers, water courses, mines and quarries. They are part of the State’s public domain.
The law shall establish regulations governing freedom to prospect for and work mines, or bearing earths, and quarries, ensuring an equal share of the profits of such exploitation to the owner of the land and to the Haitian State or its concessionnaires.
The law shall set conditions for land division and aggregation in terms of a territorial management plan and the well-being of the communities concerned, within the framework of agrarian reform.
Scientific, literary and artistic property is protected by law.
The inhabitants of the Communal Sections have the right of preemption for the exploitation of the State’s land in the private domain located in their locality.
The State has the obligation to publicize in the oral, written and televised press in the Creole and French languages all laws, orders, decrees, international agreements, treaties, and conventions on everything affecting the national life, except for information concerning national security.
No person of Haitian nationality may be deported or forced to leave the national territory for any reason. No one may be deprived for political reasons of his legal capacity and his nationality.
No Haitian needs a visa to leave or return to the country.
No citizen, whether civilian or military, may be denied access to the courts open to him under the Constitution and the laws.
Military personnel accused of the crime of high treason against the country shall be tried in a court of ordinary law.
Military courts have jurisdiction only:
Cases of conflicts between civilians and military personnel, abuses, violence and crimes perpetrated against a civilian by a member of the military in the performance of his duties are under the jurisdiction of courts for ordinary law.
No house search or seizure of papers may take place except under the terms of the law and in the manner prescribed by it.
Persons detained temporarily awaiting trial must be held separately from those who are serving sentence.
Prisons must be operated in accordance with standards reflecting respect for human dignity according to the law on this subject.
No penalty may be established except by law nor applied except in cases that the law determines.
No own may be compelled in cases of crimes, minor offenses, or petty violations to bear witness against himself or his relatives up to the fourth degree of consanguinity or the second degree of affinity.
No one may be compelled to take an oath except in the cases and in the manner provided for by law.
The State shall see to it that a Civil Pension Retirement Fund is established in the public and private sectors. The fund shall receive contributions from employers and employees, in accordance with the criteria and in the manner established by law. The granting of a pension is a right and not a privilege.
Freedom and privacy of correspondence and any other forms of communication are inviolable. They may be limited only by a well-founded judicial ruling, according to the guarantees by law.
Under the Constitution and the law, a jury is established in criminal cases for violent crimes and political offenses.
The law may not be made retroactive except in criminal cases when it favors the accused.
Citizenship entails civic duties. Every right is counterbalanced by a corresponding duty.
Civic duties are the citizen’s moral, political, social and economic obligations as a whole to the State and the country. These obligations are:
Failure to abide by these provisions shall be punishable by law.
Compulsory civic service for both sexes is established. The terms thereof shall be set by law.
The conditions under which aliens may be admitted to or remain in the country are established by law.
Aliens in the territory of the Republic shall enjoy the same protection accorded to Haitians, under the law.
Aliens enjoy civil, economic and social rights subject to legal provisions on the right to own real property, the practice of a profession, engaging in wholesale trade, serving as a commercial representative, and engaging in import and export operations.
The right to own real property is accorded to aliens resident in Haiti for the needs of their sojourn in the country.
However, aliens residing in Haiti may not own more than one dwelling in the name Arrondissement. They may in no case engage in the business of renting real estate. However, foreign companies engaged in real estate promotion shall receive the benefits of a special status regulated by law.
The right to own real property shall be accorded also to aliens residing in Haiti and to foreign companies for the needs of their agricultural, commercial, industrial, religious, humanitarian or educational enterprises, within the limits and under the conditions prescribed by law.
No alien may be the owner of a building bounded by the Haitian land order.
The right terminates five(5) years after an alien ceases to reside in the country or the operation of this companies have terminates, pursuant to the law establishing regulations to be followed for the transmission and liquidation of property owned by aliens.
Violators of the above provisions and their accomplices shall be punished as provided for in the law.
An alien may be expelled from the territory of the Republic if he becomes involved in the political life of the country, or in cases determined by law.
The right to asylum for political refugees is recognized.
National sovereignty is vested in all citizens.
Citizens directly exercise the prerogatives of sovereignty by:
Citizens delegate the exercise of national sovereignty to three (3) powers of government:
The principle of separation of the three (3) powers is embodied in the Constitution.
The three (3) powers constitute the essential foundation of the organization of the State, which is civil.
Each power is independent of the other two (2) in the powers it exercises separately.
None of them may, for any reason, delegate their powers in all or in part, nor go beyond the bounds set for them by the Constitution and by law.
Each of the three (3) powers is entirely responsible for its own acts.
The territorial divisions are the Communal Sections, the Communes and the Departments.
The law may create any other territorial division.
The Communal Section is the smallest administrative territorial entity of the Republic.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The administration of each communal section is assured by a council of three (3) members elected by universal suffrage for a term of four (4) years. They are indefinitely re-eligible. Its mode of organization and of functioning is regulated by the law.
The Administrative Council of the Communal Section is assisted in its work by an Assembly of the Communal Section.
The state is obligated to establish for each Communal Section the structures required for social, economic, civic and cultural training of its population.
Members of the Administrative Council of the Communal Section must:
Communes have administrative and financial autonomy. Each Commune of the Republic is administered by a Council, known as the Municipal Council, of three (3) members elected by universal suffrage.
The President of the council is assisted in its work by a Municipal Assembly composed among others, of a representative of each of its Communal sections.
The Municipal Council is assisted in its work by a Municipal Assembly composed, among others, of a representative of each of its Communal Sections.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The mandate of the Municipal Council is of four (4) years and its members are indefinitely re-eligible.
The mode of organization and operation of the Commune and the Municipal Council are regulated by law.
Members of a Municipal Council must:
Each Municipal Council is assisted at its request by a Technical Council furnished by the Central Government.
The Municipal Council may be dissolved for negligence, embezzlement, or maladministration, legally determined by a court of competent jurisdiction.
If it is dissolved, the Departmental Council shall immediately fill the vacancy and call upon the Permanent Electoral Council to elect, in sixty (60) days starting from the date the Council is dissolved, a new Council and shall manage the affairs of the Commune for the remainder of the term. This procedure also applies to vacancies occurring for any other reason.
The Municipal Council manages its resources for the exclusive benefit of the Municipality and renders its accounts to the Municipal Assembly which in turn reports to the Departmental Council.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Municipal Council has the privilege of seeing to the management of the land assets of private domain of the State situated within the limits of the Commune by the competent services conforming to the law.
The Arrondissement is an administrative division that may comprise several Communes. Its organization and operations are governed by law.
The Department is the largest territorial division. It comprises the Arrondissements.
The Department has legal personality and is autonomous.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Each Department is administered by a council of three (3) members elected for four (4) years by the Departmental Assembly.
Members of the Departmental Council are not necessarily drawn from the Assembly, but they must:
The departmental Council is assisted in its work by a Departmental Assembly made up of: One (1) representative from each Municipal Assembly.
The following may attend Assembly meetings in an advisory capacity:
The Departmental Council draws up the Department’s development plan in cooperation with the Central Government.
The organization and operations of the Departmental Council and the Departmental Assembly are regulated by law.
The Departmental Council manages its financial resources for the exclusive benefit of the Department and renders its accounts to the Departmental Assembly, which in turn reports to the Central Government.
The Departmental Council may be dissolved in the event of embezzlement or maladministration legally determined by a court of competent jurisdiction.
If it is dissolved, the Central Government appoints a Provisional Commission and calls upon the Permanent Electoral Council to elect a new Council for the remainder of the term within sixty (60) days of the dissolution.
In each Departmental Capital, the Executive Power appoints a Representative, who bears the title of Delegate. A Vice Delegate placed under the authority of the Delegate is also appointed in each Arrondissement Capital.
Delegates and Vice Delegates ensure coordination and control of public services and exercise no repressive police function.
Other duties of delegates and Vice Delegates are determined by law.
The Executive is assisted by an Interdepartmental Council, the members of which are designated by the Departmental Assemblies on the basis of one (1) per Department.
This Representative chosen from among the members of the Departmental Assemblies serves as liaison between the Department and the Executive Power.
The interdepartmental Council, in concert with the executive, studies and plans projects for decentralization and development of the country from the social, economic, commercial, agricultural and industrial standpoint.
It attends working meetings of the Council of Ministers, when they discuss subjects mentioned in the preceding paragraph and has the right to vote.
Decentralization must be accompanied by deconcentration of public services with delegation of power and industrial decompartmentalization for the benefit of the departments.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The law determines the organization and the functioning of the Interdepartmental Council.
Legislative power shall be vested in two (2) representative Chambers. One (1) Chamber of Deputies and one (1) Senate, comprising the Legislature or Parliament.
The Chamber of Deputies is a body composed of members elected by direct suffrage by the citizens and is responsible for exercising, on their behalf and in concert with the Senate, the functions of the legislative power.
Each Municipal Authority comprises an electoral district and elects one (1) Deputy.
The law sets up to three (3) the number of Deputies at the level of large built-up areas.
Pending application of the above subparagraphs, the number of Deputies may not be fewer than seventy (70).
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The election of the Deputy takes place on the last Sunday of October of the fourth year of his mandate. He is elected with the absolute majority of the suffrage expressed in the electoral assemblies through of the valid votes, in accordance with the electoral law.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
On the occasion of the elections, the candidate to the deputation who is the most favored at the first round not having obtained the absolute majority is declared the victor in the case where his total, in relation to his immediate pursuer, is equal or superior to twenty-five percent (25%).
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
To be a member of the Chamber of Deputies, one must:
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Deputies are elected for four (4) years and are indefinitely re-eligible.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
They enter into their functions the second Monday of January which follows their elections and sit in two (2) annual sessions. The duration of their mandate forms one legislature.
In the case where the elections cannot be determined before the second Monday of January, the deputies elected enter into their functions immediately after the validation of the ballot, and their mandate of four (4) years is considered to have commenced on the second Monday of January of the year of the entry into their functions.
The first session runs from the second Monday of January to the second Monday of May; the second session, from the second Monday of June to the second Monday of September.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The renewal of the Chamber of Deputies is made completely every four (4) years.
Beside the duties conferred upon it by the Constitution as a branch of the Legislature, the Chamber of Deputies has the duty of arraigning the Chief of State, the Prime Minister, the Ministers and the Secretaries of State before the High Court of Justice, by a majority of two-thirds (2/3) of this members. The other powers of the Chamber of Deputies are assigned by the Constitution and by law.
The Senate is a body composed of members elected by direct suffrage of the citizens and charged with exercising on their behalf, in concert with the Chamber of Deputies, the duties of the Legislative Power.
The number of Senators is set at three (3) per Department.
A Senator of Republic is elected by universal suffrage by an absolute majority of votes in the Primary Assemblies held in the geographic Departments, under the terms prescribed by the Electoral Law.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
On the occasion of the elections, the candidate to the Senate who is the most favored at the first round not having obtained the absolute majority is declared the victor in the case where his total, in relation to his immediate pursuer, is equal or superior to twenty-five percent (25%).
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The senators are elected for six (6) years and are indefinitely re-eligible. They enter into their functions on the second Monday of January which follows their elections.
In the case where the elections cannot be determined before the second Monday of January, the senators elected enter into their functions immediately after the validation of the ballot, and their mandate of six (6) years is considered to have commenced on the second Monday of January of the year of the entry into their functions.
The Senate is permanently session.
The Senate may however adjourn, but not during the Legislative Section. When it adjourns, it leaves a permanent, committee charged with handling current business. The committee may not make any decisions, except to convene the Senate.
In emergencies, the Executive may also convene the Senate before the end of the adjournment period.
One-third (1/3) of the Senate is replaced every two (2) years.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
To be elected Senator, one must:
In addition to the responsibilities incumbent upon it as a branch of the Legislature, the Senate shall have the following powers:
The meeting in a single Assembly of the two (2) branches of the Legislature constitutes the National Assembly.
The National Assembly meets to open and close each session and in all cases provided for by the Constitution.
The powers of the National Assembly are limited and may not be extended to matters other than those especially assigned to it by the Constitution.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The attributions of the National Assembly are:
The National Assembly is presided over by the President of the Senate, assisted by the President of the Chamber of Deputies acting as Vice President. The Secretaries of the Senate and the Chamber of Deputies are the Secretaries of the National Assembly.
In the event the President of the Senate is unable to discharge his duties, the National Assembly shall be presided over by the President of the Chamber of Deputies, and the Vice President of the Senate shall then become Vice President of the National Assembly.
In the event the two (2) Presidents are unable to discharge their duties, the two (2) Vice-Presidents shall replace them, respectively.
Sessions of the National Assembly are public. However, they may be held in closed session at the request of five (5) members, and the resumption of public sessions shall then be decided by an absolute majority.
In emergencies, when the Legislature is not in session, the Executive Power may call a special session of the National Assembly.
The National Assembly may not meet or take decisions and pass resolutions without a majority of each of the two (2) Chambers being present.
The Legislature has its seat in Port-au-Prince. However, depending on the circumstances, this seat may be transferred elsewhere to the same place and at the same time as that of the Executive Power.
A session of the Legislature dates from the opening of the two (2) Chambers meeting as the National Assembly.
In the interval between regular sessions and in emergencies, the President of the Republic may call a special session of the Legislature.
The Chief of the Executive Power reports on that measure by a message.
In the event the Legislature is convened in special session, it may not decide on any matter other than that for which it was called.
However, any Senator or Deputy may introduce a matter of general interest in an Assembly of which he is a member.
Each Chamber checks and validates the credentials of its members and is the final judge of any disputes that may arise in this regard.
The members of each Chamber shall take the following oath:
“I swear to discharge my duties, to maintain and safeguard the rights of the people, and to be faithful to the Constitution”.
Meetings of the two (2) Chambers are public. Each Chamber may meet in closed session at the request of five (5) members, and the decision to resume public meetings shall then be taken by a majority vote.
The Legislature takes the laws on all matters of public interest.
Laws may be initiated by each of the two (2) Chambers as well as by the Executive Power.
However, only the Executive Power may initiate budget laws, laws concerning the assessment, percentage and manner of collecting taxes and contributions, and laws designed to generate revenues or to increase revenues and expenditures of the Government, Bills introduced on these matters must be voted on first by the Chamber of Deputies.
In the event of disagreement between the two (2) Chambers regarding the laws mentioned in the preceding paragraph, each Chamber shall appoint, by voting on a list of an equal number of members, a parliamentary committee that will make a final decision on the disagreement.
If a disagreement occurs with regard to any other law, a decision on it will be postponed until the following session. If, at that session, and even in the case of replacement of the Chambers no agreement is reached on the law when it is introduced again, each Chamber shall appoint, by taking a vote on a list of an equal number of members, a parliamentary committee to decide on the final text that will be submitted to the two (2) Assemblies, beginning with the one that originally voted on the law. If these additional deliberations produce no result, the Bill or proposed law will be withdrawn.
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
In no case may the Chamber of Deputies or the Senate be dissolved or adjourned, nor shall the terms of their members be extended.
Each Chamber shall, in accordance with its regulations appoint its staff, establish discipline for them and determine the manner in which they shall perform their duties.
Each Chamber may impose on its members for reprehensible conduct, by a two thirds (2/3) majority vote, disciplinary penalties, except for expulsion.
Any member of the Legislature shall be disqualified as a Deputy or Senator, if, during his term, he has received a final sentence by a court of regular law, which renders him ineligible to serve.
Members of the Legislature are inviolable form the day the take oath up to the expiration of their term, subject to the provisions of Article 115 below.
They may at no time be prosecuted or attacked for the opinions and votes cast by them in the discharge of their duties.
No member of the Legislature shall be subject to civil imprisonment during his term of office.
No member of the Legislature may during his term be arrested under ordinary law for a crime, a minor offense or a petty violation, except by authorization of the Chamber of which he is a member, unless he is apprehended in the act of committing an offense punishable by death, personal restraint or penal servitude or the loss of civil rights. In that case, the matter is referred to the Chamber of Deputies or the Senate without delay of the Legislature is in session, and if not, it shall be taken up the next regular or special session.
Neither of the two (2) Chambers may sit nor take action without the presence of a majority of its members.
All acts of the Legislature must be approved by a majority of the members present, unless otherwise stipulated in this Constitution.
Each Chamber has the right to investigate matters brought before it.
All bills must be voted on article by article.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Executive Power can solicit the benefit of urgency on the vote of a bill of law.
In the case where the solicited benefit of urgency is obtained, the bill of law is voted article by article, all other matters ceasing.
Each Chamber has the right to amend and to divide articles and amendments proposed. Amendments voted on by one Chamber may be part of a bill only after it has been voted on by the other Chamber in the same form and in identical terms. No bill shall become a law until it has been voted on in the same form by the two (2) Chambers.
Any bill may be withdrawn from discussion so long as it has not been finally voted upon.
Any bill passed by the Legislature shall be immediately forwarded to the President of the Republic, who, before promulgation it, has the right to make objections to it in all or in part.
In such cases, the President of the Republic send back the bill with his objections to the Chamber where it was originally passed, If the bill is amended by that house, it is sent to the other Chambers with the objections.
If the bill thus amended is voted on by the second Chamber, it will be sent back to the President of the Republic for promulgation.
If the objection are rejected by the Chamber that originally passed the bill, it shall be returned to the other Chamber with the objections.
If the second Chamber also votes to reject it, the bill is sent back to the President of the Republic, who must then promulgate it.
Rejection of the objection is voted on by either Chamber by the majority stipulated in Article 117. In such cases, the votes of each Chamber shall be taken by secret ballot.
If in either Chamber the Majority stipulated in the preceding paragraph is not obtained for the rejection, the objections are accepted.
The right of objection must be exercised within eight (8) full days starting with the date of the receipt of the bill by the President of the Republic.
If within the prescribed deadline, the President of the Republic has made expiration, the bill must be promulgated unless the session of the Legislature has ended before exploration of the deadline, in which case, the bill is deferred. At the opening of the following session, the bill thus deferred is sent to the President of the Republic to exercise his right of objection.
A bill rejected by one of the two (2) Chambers may not be introduced again in the same session.
Bills and other acts of the Legislature and the National Assembly shall enter into force with their promulgation and their publication in the Official Gazette (Journal Officiel) of the Republic.
Bills shall be numbered and included in the printed and numbered bulletin entitled BULLETIN OF LAWS AND ACTS.
The bill is dated on the day of it final adoption by the two (2) Chambers.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
No one may present petitions in person to the tribune of the Legislative Power. Any petition addressed to the Legislative Power must give rise to a regulatory procedure that permits deciding on its object.
Only the Legislature Power has the authority to interpret laws, which it does by passing a law.
Each member of the Legislature receives a monthly stipend from the time he takes oath.
Service as a member of the Legislature is incompatible with any other duty remunerated by the State, except that of teacher.
Every member of the two (2) Chambers has the right to question and interpellate a member of the Government or the entire Government on events and acts of the Administration.
As interpellation request must be seconded by five (5) members of the body concerned. It becomes a vote of confidence or of censure when passed by a majority of that body.
When the interpellation request ends in a votes of censure on a question concerning a Government program or declaration of general policy, the Prime Minister must submit his Government’s resignation to the President of the Republic.
The president must accept that resignation and appoint new Prime Minister, pursuant to the provisions of this Constitution.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Legislative Power may not take, as it concerns the Prime Minister, more than one vote of censure per year.
Any Prime Minister having obtained a vote of confidence may only be interpellated in a time of six (6) months after this vote of confidence.
The defeat of a motion of censure, submitted to the vote of the two Chambers, as it concerns the Prime Minister, is equivalent to a vote of confidence.
In the case of the death, resignation, disqualification, judicial interdiction, or acceptance of a duty incompatible with that of a member of the Legislature, the Deputy or Senator shall be replaced in his Electoral District for only the remainder of his term by a by-election called by the Primary Electoral Assembly to be conducted by the Permanent Electoral Council in the month he vacancy occurs.
The election shall take place within thirty (30) days after convocation of the Primary Assembly, pursuant to the Constitution.
The same procedure shall apply in the absence of an election or in the event that elections are declared null and void by the Permanent Electoral Council in one or more Electoral Districts.
However, if the vacancy occurs during the last regular session of the Legislature or after that session, a by-election may not be held.
The following may not be elected members of the Legislature:
Members of the Executive Power and the Director Generals of Government departments may not be elected members of the Legislature unless they resign at least one (1) year before the date of the elections.
The Executive power is vested in:
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The President of the Republic is elected by direct, universal suffrage by the absolute majority of voters, established from the valid votes in accordance with the electoral law. If this majority is not obtained at the first round, it proceeds to a second round. Only the two (2) candidates can be presented who, the case arising, after the withdrawal of more favored candidates, who are determined to have received the greatest number of votes in the first round.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
On the occasion of the elections, the candidate to the Presidency the most favored at the first round not having obtained the absolute majority is declared the victor in the case where his total, in relation to his immediate pursuer, is equal or superior to twenty-five percent (25%).
The term of the President is five (5) years. This term begins and ends on the February 7 following the date of the elections.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The presidential election takes place on the last Sunday of October of the fifth year of the presidential mandate.
The president elected enters into his functions on 7 February following the date of his election. In the case where the ballot cannot take place before 7 February, the president elected enters into his functions immediately after the validation of the ballot and his mandate is considered to have commenced on 7 February of the year of the election.
The President of the Republic may not be re-elected. He may serve an additional term only after an interval of five (5) years. He may in no case run for a third term.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
To be President of the Republic of Haiti, one must:
Before taking office, the President of the Republic shall take the following oath before the National Assembly: “I swear before God and the Nation faithfully to observe and enforce the Constitution and the laws of the Republic, to respect and cause to be respected the rights of the Haitian people, to work for the greatness of the country, and to maintain the nation’s independence and the integrity of its territory”.
The President of the Republic, who is the Head of State, shall see to the respect for and enforcement of the Constitution and the stability of the institutions. He shall ensure the regular operations of the public authorities and the continuity of the State.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The President of the Republic chooses a Prime Minister from among the members of the Party having the absolute majority in the Parliament. The majority is established on the basis of the electoral results of those elected in each of the two Chambers. In default of this majority, the President of the Republic chooses the Prime Minister in consultation with the President of the Senate and that of the Chamber of Deputies.
The President of the Republic shall terminate the duties of the Prime Minister upon the letter’s submission of the Government’s resignation.
The President of the Republic is the guarantor of the nation’s independence and the integrity of its territory.
He shall negotiate and sign all international treaties, conventions and agreements and submit them to the National Assembly for ratification.
He shall accredit ambassadors and special envoys to foreign powers, receive letters of accreditation from ambassadors of foreign powers and issued exequatur to consuls.
He declares war, and negotiates and signs peace treaties with the approval of the National Assembly.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The President of the Republic, appoints, after deliberation in the Council of Ministers, following approval of the Senate, the commander-in-chief of the Armed Forces of Haiti, the commander-in-chief of the National Police, the Ambassadors and Consuls General and the councils of administration of the autonomous organs.
By a decree issued in the Council of Ministers, the President of the Republic appoints the directors general of the civil service, and delegates and vice delegates of Departments and Arrondissements.
He also appoints, with the approval of the Senate, Administrative Councils of Autonomous Agencies.
The President of the Republic is the nominal head of the armed forces, but he never commands them in person.
He has the seal of the Republic affixed to all laws and promulgates them within deadline stipulated by the Constitution. Before the expiration of that deadline, he may avail himself of his right of objection.
He sees to the enforcement of judicial decisions, pursuant to the law.
The President of the Republic has the right to perform and commute sentences in all res judicata cases, except for sentences handed down by the High Court of Justice as stipulated in this Constitution.
He may grant amnesty only for political matters as stipulated by law.
If the President finds it temporarily impossible to discharge his duties the Executive Authority shall be vested in the Council of Ministers under the Presidency of the Prime Minister, so long as the disability continues.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
In case of vacancy of the Presidency of the Republic either by resignation, dismissal, death or in case of physical or mental permanent incapacity duly declared, the Council of Ministers, under the presidency of the Prime Minister, exercises the Executive Power until the election of another President.
In this case, the ballot for the election of the new President of the Republic for the time that remains to complete the mandate takes place sixty (60) days at least and one hundred twenty (120) days at most after the beginning of the vacancy, in accordance with the Constitution and the electoral law.
In the case where the vacancy is produced from the fourth year of the presidential mandate, the National Assembly meets of office within the sixty (60) days which follow the vacancy to elect a new Provisional President of the Republic for the tine that remains to complete the mandate.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
This President is reputed to have completed one presidential mandate.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
No procedure of interpellation of the Government may be initiated during the periods of temporary disability of the President of the Republic or of presidential vacancy. In the case where one such procedure has been initiated before the period, it is suspended.
The President of the republic shall have no powers other than those accorded to him by the Constitution.
At the opening of each annual session of the Legislature, the President of the Republic shall deliver a message to the Legislature on the State of the Nation. This message may not be debated.
The President of the Republic shall receive a monthly salary from the Public Treasury upon taking the oath of office.
The President of the Republic shall have his official residence in the National Palace, in the capital city, unless the seat of the Executive Power is moved.
The President of the Republic presides over the Council of Ministers.
The Government is composed of the Prime Minister, the Ministers and Secretaries of State. The Prime Minister is the head of the Government.
The Government conducts the policy of the Nation. It is responsible before Parliament under the terms stipulated by the Constitution.
To be appointed Prime Minister, a person must:
With the approval of the President, the Prime Minister shall choose the members of his Cabinet of Ministers and shall go before Parliament to obtain a vote of confidence on his declaration of general policy. The vote shall be taken in open ballot, and an absolute majority of both Chambers is required.
In the event of a vote of no-confidence by one of the two (2) Chambers, the procedure shall be repeated.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Prime Minister executes the laws. In case of absence, the temporary disability of the President of the Republic or on his demand, the Prime minister presides over the Council of Ministers. He has the Regulatory Power, but he may never suspend, or interpret the laws, acts and decrees, or refrain from executing them.
His regulatory power is exercised by Order of the Prime Minister.
In concert with the President of the Republic, he is responsible for national defense.
The Prime Minister appoints and dismisses directly or by delegation Government officials, according to the provisions of the Constitution and the law on the general regulations for Government operations.
The Prime Minister and the Ministers may appear before the two (2) Chambers to support bills and the objections of the President of the Republic and to reply to interpellation.
Acts of the Prime Minister are countersigned, if need by the Ministers responsible for enforcing them. The Prime Ministers may be assigned a Ministerial portfolio.
The Prime Minister and the Ministers are jointly responsible for the acts of the President of the Republic and of their ministers that they countersign. They are also responsible for enforcement of the laws in the areas of their competence.
The duties of the Prime Minister and of a member of the Government are incompatible with membership in the Parliament. If such a case occurs, the member of Parliament must choose one duty or the other.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
In case of resignation of the Prime Minister, the Government remains in place to expedite current affairs until the assumption of the functions by his successor.
In case of permanent incapacity duly declared of the Prime Minister or of his resignation from the post for personal reasons, the President will choose an Interim Prime Minister from among the members of the ministerial cabinet while attending to the formation of a new Government within a time period not passing thirty (30) days.
The President of the Republic presides over the Council of Ministers. The number of Ministers may be no fewer than ten (10).
When he deems it necessary, the Prime Minister may appoints Secretaries of State to the Ministers.
The number of Ministers is set by law.
Holding a ministerial post is incompatible with the exercise of all other public employment, except for higher education.
Ministers are responsible for the acts of the Prime Minister that they countersign. They are jointly responsible for enforcement of the laws.
In no case may an oral or written order of the President of the Republic or of the Prime Minister release Ministers from the responsibilities of their office.
The Prime Minister, the Ministers and the Secretaries of State receive monthly salaries established by the Budgetary law.
Ministers appoint certain categories of Government employees by delegation of the Prime Minister, according to the conditions set by the law on Government operations.
When one of the two (2) Chambers during an interpellation calls into question the responsibility of a Minister by a vote of censure passed by an absolute majority of its members, the Executive shall recall the Minister.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
To be appointed Minister, one must:
The Judicial Power shall be vested in the Supreme Court (Cour de Cassation), the Courts of Appeal, Courts of First Instance, Courts of Peace and special courts, whose number, composition, organization, operation and jurisdiction are set by law.
Civil rights cases are exclusively the competence of the courts.
No court and no jurisdiction in disputed matters may be established except by law. No special court may be established under any name whatever.
Judges of the Supreme Court and the Courts of Appeal are appointed for ten (10) years. Judges of the Courts of First Instance are appointed for seven (7) years. Their term begins at the time they take their oath of office.
Supreme Court justices are appointed by the President of the Republic form a list submitted by the Senate of three (3) persons per court seat. Judges of the Courts of Appeal and Courts of First Instance are appointed from a list submitted by the Departmental Assembly concerned; Justices of the Peace are appointed from a list draw up by the Communal Assemblies.
The law regulates the conditions required for serving as a judge at any level. A School of the Magistrature shall be established.
Judges of the Supreme Court, the Courts of Appeal and the Courts of First Instance are appointed for life. They may be removed from office only because of a legally determined abuse of authority or be suspended following and indictment leveled against them. They may not be reassigned, without their consent, even in the case of a promotion. Their service may be terminated during their term of office only in the event of a duly determined permanent physical or mental incapacity.
The Supreme Court does not try cases on their merits. Nevertheless, in all cases other than those submitted to a jury, when a case between the same parties is tried upon second appeal, even with an incidental plea of defense, the Supreme Court, accepting the appeal, shall not remand the case to a lower court but shall rule on the merits, sitting as a full court.
However, in the case of appeals from temporary restraining orders or orders of examining magistrates, grants of appeal pronounced in connection with such orders or from final sentences of the Peace Courts or decisions of special courts, the Supreme Court, admitting the appeal, shall pronounce a decision without remanding the case.
The duties of a judge are incompatible with any other salaried duties, except for education.
Court proceedings are public. However, they may take place in closed session in the interest of public order and good morals, at the decision of the Court.
Sentences may not be delivered in closed session in cases of political offenses or offenses involving the press.
All order or judgments shall state the grounds for the decision and shall be handed down in a public hearing.
Orders or judgments are delivered and executed in the name of the Republic, They shall include writs of execution to officers of the Public Prosecutor’s Office and agents of the police and armed forces. Acts of notaries shall be put in the same form when their compulsory execution is involved.
The Supreme court rules on conflicts of jurisdiction, in the manner regulated by law.
The Supreme Court rules on both fact and law in all cases of decisions handed down by military courts.
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Courts shall apply Government decrees and regulations only insofar as they are in conformity with the law.
The law determines the jurisdiction of the courts and tribunals, and regulates the manner of proceedings before them.
The law also provides for disciplinary penalties to be taken against judges and officers of the Public Prosecutor’s Office, except for Supreme Court Justices, who are under the jurisdiction of the High Court of Justice for abuse of authority.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The administration and the control of the Judicial Power are entrusted to a Superior Council of the Judicial Power which exercises over the magistrates a right of surveillance and of discipline, and which has at its disposal a general power of information and of recommendation on the state of the magistrature.
The conditions of organization and of functioning of the Superior Council of the Judicial Power are established by the law.
The Senate may constitute itself as a High Court of Justice. the proceedings of this Court are presided over by the President of the Senate, assisted by the President and Vice President of the Supreme Court as Vice President and Secretary, respectively, except where the Justices of the Supreme Court and officers of the public Prosecutor’s Office assigned to that court are involved in the accusation, in which case, the Senators, one of whom shall be designated by the accused, and the Senators so appointed shall not be entitled to vote.
The Chamber of Deputies, by a majority of two-thirds (2/3) of its members, shall indict:
Members of the High Court of Justice serve on an individual bases, and no opening proceedings, take the following oath;
“I swear before God and before the Nation to judge with the impartiality and the firmness appropriate to an honest and free man, according to my conscience and my deep-seated conviction”.
The High Court of Justice shall designate, by secret ballot and an absolute majority of votes, from among its members a Committee of Enquiry.
The decision in the form of a decree shall be handed down on the report of the Committee of Enquiry by a two-thirds (2/3) majority of the members of the High Court of Justice.
The High Court of Justice shall not sit unless a majority of two-thirds (2/3) of its members are present.
The Court may not impose any other penalties than dismissal, disqualification or deprivation of the right or exercise any public office for no less than five (5) years and no more than fifteen (15) years.
However, the convicted person may be brought before ordinary courts, in accordance with the law, if there is reason to impose other penalties or to rule on the institution of civil action.
Once a case is brought before the High Court of Justice, the Court must sit until it renders its verdict, regardless of the length of the sessions of the Legislature.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Constitutional Council is an organ charged to assure the constitutionality of the laws. It is the judge of the constitutionality of the law, of the regulations and of the administrative acts of the Executive Power. Its decisions are not susceptible to any recourse.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Constitutional Council is composed of nine (9) members, of which three (3) are designated by the Executive Power, three (3) by the National Assembly with the majority of two-thirds (2/3) of the members of each of the two Chambers, and three (3) by the Superior Council of the Judicial Power.
The Constitutional Council includes:
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The President of the Republic proceeds to the appointment of the members of the Constitutional Council by Order taken in the Council of Ministers, in accordance with the previous Article.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
To be a member of the Constitutional Council one must:
be already forty (40) years of age on the day of the appointment;
enjoy their civil and political rights and to never have been condemned to an afflictive and infamous penalty for crimes of common right;
be the owner of a real property in Haiti or to exercise an industry or a profession there;
reside in Haiti for (5) consecutive years prior to the date of the appointment;
have been discharged from ones administration if one has been accountable for public monies;
be of good morality and of great probity.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The duration of the mandate of the members of the Constitutional Council is of nine (9) years and is not renewable. The Constitutional Council renews itself by thirds every three (3) years.
The President of the Constitutional Council is elected by his peers for a duration of three (3) years. He has preponderant voice in case of a tie.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
In the case of vacancy in the Constitutional Council, the authority of designation provides the replacement for the time remaining to run within a time period of three (3) months.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The members of the Constitutional Council are irremovable during the duration of their mandate. They may not be prosecuted or arrested without the authorization of the Constitutional Council except in the case of flagrante delicto.
In this case, the President of the Constitutional Council and the President of the Court of Cassation must be referred to the matter immediately, at the latest within forty-eight (48) hours.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Constitutional Council sees to and decides when it is referred to a matter:
on the constitutionality of the internal regulations of the Senate and of the Chamber of Deputies before their implementation
on the orders
For the same purposes, the laws in general may be referred to the Constitutional Council, before their promulgation, by the President of the Republic, the President of the Senate, the President of the Chamber of Deputies, a group of fifteen (15) Deputes or of (10) Senators.
The law determines the modalities of organization and of functioning of the Constitutional Council as well as the other entities enabled to refer a matter to it.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Constitutional Council must decide within the time period of one month after being referred to the matter of a text of ordinary law. This time period is of fifteen days for every law or every text concerning the fundamental rights and the public freedoms. Nevertheless, if there is urgency, at the request of the Government, of one-third of the Senate or of one-third of the Chamber of Deputies, this time period is reduced to eight days.
In these same cases, the referral to a matter of the Constitutional Council suspends the time period for promulgation.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Constitutional Council is called to decide on the conflicts which oppose the Executive Power and the Legislative Power or the two branches of the Legislative Power.
In the same way, it decides on the conflicts of attribution between the administrative tribunals, the electoral tribunals and the judicial tribunals.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
When on the occasion of a pending legal proceeding before a jurisdiction, an exception of unconstitutionality is raised, the Constitutional Council may be referred to the matter on remand from the Court of Cassation.
If the provision is declared unconstitutional, the Constitutional Council returns it to the Parliament which decides sovereignly on the case. The new provision is promulgated.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
A provision declared unconstitutional may not be promulgated or implemented.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
An organic law determines the organization and the functioning of the Constitutional Council, the procedure followed before it, notably the time periods for the referral of the disputes as well as the immunities and the disciplinary regime of its members.
The Permanent Electoral Council is responsible for organizing and controlling with complete independence all electoral procedures throughout the territory of the Republic until the results of the election are announced.
The Council also drafts the Electoral Bill that it submits to the Executive Power for the necessary purposes.
The Council sees to it that the electoral lists are kept up-to-date.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Permanent Electoral Council includes nine (9) members chosen as follows:
Members of the Permanent Electoral Council must:
Members of the Permanent Electoral Council are appointed for a nine (9) year nonrenewable period. They may not be removed from office.
One-third of the members of the Permanent Electoral Council are replaced every three (3) years. The President is chosen from among its members.
Before taking office, the members of the Permanent Electoral Council take the following oath before the Supreme Court;
“I swear to respect the Constitution and the provisions of the Electoral Law and to discharge my duties with dignity, independence, impartiality and patriotism.”
In the event of a serious offense committed in the discharge of their duties, the members of the Permanent Electoral Council are liable for prosecution before the High Court of Justice.
The seat of the Permanent electoral Council is in the capital. Its jurisdiction extends throughout the territory of the Republic.
Members of the Permanent electoral Council may not hold any other public post, nor may they be a candidate of an elective post during their term.
In the event of dismissal, a member of the Council must wait three (3) years before he may run for an elective post.
The Permanent Electoral Council shall rule on all disputes arising either in elections or in the enforcement or the violation of the Electoral Law, subject to any legal prosecution undertaken against an offender or offenders before the courts of competent jurisdiction.
In the event of a vacancy caused by a depth, resignation or any other reason, the member shall be replaced following the procedure established in Article 192 for the remainder of his term, taking into account the power of government that had designated the member to be replaced.
The law determines the rules for organization and operation of the Permanent Electoral Council
The Superior Court of Auditors and Administrative Disputes is an independent and autonomous financial and administrative court. It is responsible for administrative and jurisdictional control of Government receipts and expenditures, verification of the accounts of the Government enterprises and of the territorial divisions.
The Superior Court of Auditors and Administrative Disputes hears cases against the State and the territorial divisions, the Administration and Government officials, public services and citizens.
Its decisions are not subject to appeal, except to the Supreme Court.
The Supreme Court of Auditors and Administrative Disputes comprises two (2) sections:
The Superior Court of Auditors and Administrative Disputes participates in drawing up the budget and is consulted on all matters concerning legislation on public finances and on all draft financial or commercial contracts, agreements and conventions to which the State is a party. It has the right to conduct audits in all Government agencies.
Members of the Superior Court of auditors and Administrative Disputes must:
Candidates for membership on the Court shall submit their applications directly to the Office of the Senate of the Republic. The Senate elects the ten (10) members of the Court, who select the Court’s President and Vice President form among them.
Court members have a ten (10) year term and may not be removed
Before taking office, the members of the Superior Court of Auditors and Administrative disputes shall take the following oath before a section of the Supreme Court:
“I swear to respect the Constitution and the laws of the Republic, to discharge my duties properly and loyally and to conduct myself at all times with dignity”.
Members of the Superior Court of Auditors and Administrative Disputes are under the jurisdiction of the High Court of Justice for any serious offenses committed in the discharge of their duties.
The Superior Court of Auditors and Administrative Disputes shall submit each year to the Legislature within thirty (30) days following the opening of the first legislative session a complete report on the country’s financial situation and on the efficacy of Government expenditures.
The organization of the above-mentioned court, its membership regulations and its mode of operation are established by law.
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
An office known as the OFFICE OF CITIZEN PROTECTION is established to protect all individuals against any form of abuse by the government.
The office is directed by a citizen bearing the title of PROTECTOR OF CITIZENS. He is chosen by consensus of the President of the Republic, the President of the Senate and the President of the Chamber of Deputies. His term is seven (7) years and may not be renewed.
His intervention on behalf of any complainant is without charge, whatever the court having jurisdiction might be.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
In the exercise of its functions, it will pay a special attention to the complaints presented by women, particularly in that relating to the discriminations and the aggressions of which they may be victims notably in their work.
A law sets the conditions and regulations for the operation of the Office of Citizen Protection.
Higher education is free. it is provided by the University of the Haitian State (Univertite d’Etat d’Haiti), which is autonomous and by the superior public schools and the superior private schools accredited by the State.
The State must finance the operation and development of the Haitian State University and the public superior schools. Their organization and their location must be planned from the perspective of regional development.
The Establishment of research centers must be encouraged.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
A public organ is created responsible for the regulation and the control of quality of the superior education and of the scientific research throughout the territory. This organ exercises its control over all the public and non-public institutions working in these two domains. Each year, it publishes a report on the quality of the training and establishes a list of the performing institutions. The law determines the denomination, and establishes the mode of organization and the functioning of this organ.
The universities and the private and public superior schools provide academic and practical instruction adapted to the trends and requirements of national development.
An organic law regulates the establishment, location and operation of university and public and private superior schools in the country.
A Haitian Academy shall be established to standardize the Creole language and enable it to develop scientifically and harmoniously.
Other academies may be established.
The title Academy Member is purely honorific.
The law shall determine the mode of organization and operation of academies.
Archaeological, historical, cultural, folklore and architectural treasures in the country, which bear witness to the grandeur of our past are part of the national heritage. Consequently, monuments, ruins, sites of our ancestors’ great feats of arms, famous centers of our African beliefs, and all vestiges of the past are placed under the protection of the State.
The law determines special conditions for this protection in each sphere.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The finances of the Republic include two components: the national finances and the local finances. Their respective management is assured by the organs and mechanisms specified to that effect.
The Executive Power is held to specify a mode of consultation of the territorial collectivities for any procedure of interest to the local finances.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
No tax in favor of the State may be established except by a law. No charge, no imposition, whether departmental, whether municipal, or whether of communal section, may be established without the consent of those territorial collectivities.
No preferential tax treatment may be established.
No tax exemption, increase, decrease or elimination may be established except by law.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
No pension, no gratification, no allocation, no subvention, at the charge of the Public Treasury, may be granted but by virtue of a law. The indexing of the pensions paid by the State will be established following the rhythm of the augmentation of the emoluments of the functionaries of the State.
Subject to special provisions thereon, the holding of two or more salaried public offices at the same time is strictly forbidden, except posts in education.
Procedures for preparation of the budget and its execution are determined by law.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The execution of the Law of Finance is govern by the laws on the budget and public accounting and is assured by the services specified by the law.
The control of the execution of the Law of Finance is assured by the Parliament, the Superior Court of Accounts and any other institutions specified by the law.
National monetary policy is set by the Central Bank jointly with the Minister of Economics and Finance.
An autonomous public agency with legal personality and financial autonomy performs the functions of a Central Bank. Its regulations are determined by law.
The Central Bank has exclusive authority to issue as legal tender throughout the territory of the Republic, paper money representing the monetary unit, and coins, according to the name, weight, description, amount and use set by law.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The budget is voted by administrative entity following the classification established by the law.
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
General accounts of receipts and expenditures of the Republic shall be kept by the Minister of Finance according to an accounting method established by law.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The general accounts and the budgets prescribed by the preceding Article, accompanied by the report of the Superior Court of Accounts and of the Administrative Disputes must be submitted to the Legislative Chambers by the Minister in charge of finance within the time periods established by the law.
It is the same for the annual balance sheet and for the operations of the Central Bank, as well as for all other accounts of the State.
The Government fiscal year begins on October 1 of each year and ends on September 30 of the following year.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Each year, the Legislative Power orders:
However, no proposal or amendment may be introduced into the Budget when it is being voted upon, without provision of the ways and means therefore.
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
Examination and payment of the General Administration Accounts and all accounts of public funds are effected according to the method established by law.
If for any reason whatever the Legislative Chambers do not act upon the budget for one or more Ministerial Departments before they adjourn, the budget or budgets of the Departments concerned shall remain in force until a new budget is voted on and adopted.
In the event that, through fault of the Executive Power, the Budget of the Republic has not been voted upon, the President of the Republic shall immediately call a special session of the Legislative Chambers for the sole purpose of voting on the Government budget.
Autonomous agencies and enterprises and entities subsidized wholly or in part by the Public Treasury shall be governed by special budgets and salary and wage systems approved by the Executive Power.
For the purpose of maintaining constant and careful supervision over Government expenditures, a fifteen-member Parliamentary Committee with nine (9) Deputies and six (6) Senators shall be elected by secret ballot at the beginning of each regular session, to report on the management Ministers, in order to enable the two (2) Assemblies to give them discharge.
This Committee may engage the services of specialists to assist it with its monitoring functions.
The Haitian Civil Service is the instrument by which the State carries out its missions and achieves its objectives. To ensure its viability, it must be managed honestly and efficiently.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The National Public Administration is constituted by the Administration of the State and by the Administration of the Territorial Collectivities.
Government employees and officials shall be exclusively in the service of the State. It is their duty to abide faithfully by the norms and ethics determined by law for civil servants.
The law establishes the organization of the various Government structures and stipulates the conditions for their operation.
The law shall regulate the civil service on the basis of aptitude, merit and conduct. It shall guarantee security of employment.
The civil service is a career. No official may be hired except by competition or by meeting other conditions prescribed by the Constitution and by law, nor may he be dismissed except for causes specifically determined by law. Dismissals must in all cases be ruled upon by the Court of Administrative Disputes.
Career service officials are not members of any particular Government agency but are members of the civil service, which makes them available to the various Government agencies.
Officials indicated by law have the obligation to declare the status of their net worth to the Clerk of the Civil Court within thirty (30) days following their entry into service. The Government Auditor must take every step he deems necessary to verify the accuracy of the declaration.
Government employees and officials may form associations to defend their rights under the conditions established by law.
Holders of public office or positions, particularly Ministers and Secretaries of State, officers of the Public Prosecutor’s Office, Delegates and Vice Delegates, ambassadors, private secretaries of the President of the Republic, members of the Cabinet of Ministers, the Director Generals of the Ministerial Department of autonomous agencies, and members of the Administrative Council are not eligible for the Government career service.
The law punishes violations committed against the treasury and unjust gain. Officials who have knowledge of such actions have the duty to report them to the competent authorities.
Unjust gain may be determined by all types of evidence, particularly presumption of a sharp disproportion between the official’s means acquired after his entry into service and the accumulated amount of salaries and emoluments to which the post he has occupied entitles him.
Officials guilty of the above offenses are entitled to only the twenty-year statute of limitation. This limitation period begins to run with the termination of their duties or the causes that would have prevented any prosecution.
The State has the duty to avoid major salary disparities in the civil service.
Economic freedom shall be guaranteed so long as it is not contrary to the public interest.
The State shall protect private enterprises and shall endeavor to see that it develops under the conditions necessary to increase the national wealth in such a way as to ensure the participation of the largest possible number of persons in the benefits of this wealth.
The State encourages in rural and urban areas the formation of cooperatives for production, processing of raw materials and the entrepreneurial spirit to promote the accumulation of national capital to ensure continuous development.
Agriculture, which is the main source of the Nation’s wealth, is a guarantee of the well-being of the people and the socio-economic progress of the Nation.
A special agency to be known as THE NATIONAL INSTITUTE OF AGRARIAN REFORM shall be established to organize the revision of real property structures and to implement an agrarian reform to benefit those who actually work the land. This Institute shall draw up an agrarian policy geared to optimizing productivity by constructing infrastructure aimed at the protection and management of the land.
The law determines the minimum and maximum area of basic farm units.
The State has the obligation to establish the structures necessary to ensure maximum productivity of the land and domestic marketing of foodstuffs. Technical and financial management units shall be established to assist farmers at the level of each Communal section.
No monopoly may be established to benefit the State and the territorial divisions except in the exclusive interest of society as a whole. Such a monopoly may not be granted to any private individual.
The import of foodstuffs and their byproducts that are produced in sufficient quantity in the national territory is forbidden, except in the event of force majeure.
The State may take charge of the operation of enterprises for the production of goods and services essential to the community in order to ensure continuity in the event the existence of these establishments should be threatened. Such enterprises shall be grouped in a comprehensive management system.
Since the environment is the natural framework of the life of the people, any practices that might disturb the ecological balance are strictly forbidden.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
As long as the forest coverage remains below 10% of the national territory, measures of exception must be taken with a view of working to the restoration of the ecological equilibrium.
The State shall organize the enhancement of natural sites to ensure their protection and make them accessible to all.
To protect forest reserves and expand the plant coverage, the State encourages the development of local sources of energy: solar, wind and others.
Within the framework of protecting the environment and public education, the State has the obligation to proceed to establish and maintain botanical and zoological gardens at certain points in its territory.
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The State may, if the necessity for it is demonstrated, declare a zone of ecological utility.
The law specifies the conditions for protecting flora and fauna, and punishes violations thereof.
No one may introduce into the country wastes or residues of any kind from foreign sources.
The State protects the family, which is the foundation of society.
It must also protect all families regardless of whether they are constituted within the bonds of marriage. It must endeavor to aid and assist mothers, children and the aged.
The law ensures protection for all children. Any child is entitled to love, affection, understanding and moral and physical care grow its father and mother.
A family Code must be drawn up to ensure protection and respect for the rights of the family and to define procedures of the search for affiliation. Courts and other Government agencies charged with the protection of these rights must be accessible free of charge at the level of the smallest territorial division.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Public Force is composed of two (2) distinct corps:
No other armed corps may exist in the national territory.
All members of the police and armed forces shall take an oath of allegiance and respect for the Constitution and the flag at the time of their enlistment.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Armed Forces of Haiti include the Forces of the Land, of the Sea, of the Air and the technical services.
The Armed Forces of Haiti are constituted to guaranty the defense and the integrity of the territory of the Republic.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Armed Forces of Haiti are effectively commanded by an Officer General having as a title Commander-in-Chief.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Commander-in-Chief of the Armed Forces of Haiti, in accordance with the Constitution, is chosen from among the officers general on active service.
His term is set at three (3) years and is renewable.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Armed Forces of Haiti are apolitical. Their members may not be part of a group or of a political party and they must observe the strictest neutrality.
Members of the Armed Forces exercise their right to vote, under the Constitution.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Armed Forces of Haiti have as their attributions:
Military personnel on active duty may not be appointed to any Government post, except temporarily to perform a specialized service.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
All military personnel on active service, to stand as a candidate to an elective function, must obtain their retirement or their resignation two (2) years before the elections.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The military career is a profession. It is hierarchical. The conditions of employment, the ranks, promotions, dismissals, retirements, are determined by the regulations of the Armed Forces of Haiti.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Military personnel are only justiciable by a military court for the misdemeanors and crimes committed in time of war or for the infractions arising in the military discipline.
Military personnel retain for life the last rank obtained in the Haitian Armed Forces. They may be deprived of their rank only by a final judgment by a court of competent jurisdiction.
The State must award benefits to military personnel of all ranks, fully guaranteeing their physical security.
Within the framework of compulsory civilian national services for both sexes, provided for by Article 52-3 of the Constitution, the Armed Forces participate in organizing and supervising that service.
Military service is compulsory for all Haitians who have attained eighteen (18) years of age.
The law sets the method of recruitment, and the length and regulations for the performance of these services.
Every citizen has the right to armed self-defense, within the bounds of this domicile, but has no right to bear arms without express well-founded authorization from the Chief of Police.
Possession of a firearm must be reported to the police.
The Armed Forces have a monopoly on the manufacture, import, export, use and possession of weapon of war and their munitions, as well as war material.
The Police Force is an armed body.
It operates under the Ministry of Justice.
It is established to ensure law and order and protect the life and property of citizens.
Its organization and mode of operation are regulated by law.
The Commander in Chief of the Police Forces is appointed, in accordance with the Constitution, for a three (3) year term, which is renewable.
An Academy and a Police School have been established, whose organization and operations are set by law.
Specialized sections, particularly the Penitentiary Administration, the Firemen’s Service, the Traffic Police, the Highway Police, Criminal Investigations, the Narcotics Service and the Anti-Smuggling Service, have been established by the law governing the organization, operation and location of the Police Forces.
The police, as an auxiliary of the Justice System, investigate violations, offenses and crimes committed, in order to discover and arrest the perpetrators of them.
In the exercise of their duties, members of the “Public Forces” are subject to civil and penal liability in the manner and under the conditions stipulated by the Constitution and by law.
National and legal holidays shall be celebrated by the Government and private and commercial enterprises.
The national holidays are:
Legal holidays shall be determined by law.
The National Assembly may not ratify any international treaty, convention or agreement containing clauses contrary to this Constitution.
International treaties, conventions and agreements are ratified in the form of a decree.
Once international treaties or agreements are approved and ratified in the manner stipulated by the Constitution, they become part of the legislation of the country and abrogate any laws in conflict with them.
The Haitian State may join an Economic Community of States insofar as the association agreement stimulates the social and economic development of the Haitian Republic and does not contain any clause contrary to this Constitution.
No place or part of the territory may be declared in a state of siege except in the event of civil war or invasion by a foreign force.
The act of the President of the Republic declaring a state of siege must be countersigned by the Prime Minister and by all of the Ministers and contain an immediate convocation of the National Assembly to decide on the desirability of the measure.
The National Assembly decides with the Executive Power as to what constitutional guarantees may be suspended in the parts of the territory placed under a state of siege.
The state of siege is lifted if it is not renewed by a vote of the National Assembly every fifteen (15) days after its entry into force.
The National Assembly shall be in session for the entire duration of the state of siege.
Thirty (30) days after his election, the President of the Republic must deposit with the Clerk of the Court of First Instance of his domicile a notarized inventory of all his movable and immovable goods, and he shall do the same at the end of his term.
The Prime Minister, the Ministers and Secretaries of State are subject to the same obligation within thirty (30) days of their installation and of the termination of their duties.
No general expenditures or compensation whatever shall be granted to members of the major organs of the State for any special duties that may be assigned to them.
In national elections, the State assumes responsibility, in proportion to the number of votes cast, for a portion of the expenses incurred in the election campaigns.
Only parties that obtain nationally ten percent (10%) of the votes cast, with a minimum of five percent (5%) of the votes cast in one Department, are eligible to receive these Government funds.
On the recommendation, with reason given to support it, of one of the two (2) Chambers or of the Executive Power, the Legislature may declare that the Constitution should be amended.
This declaration must be supported by two-thirds (2/3) of each of the two (2) Chambers. It may made only in the course of the last Regular Session of the Legislative period and shall be published immediately throughout the territory.
At the first session of the following legislature period, the Chambers shall meet in a National Assembly and decide on the proposed amendment.
The National Assembly may not sit or deliberate on the amendment unless at least two-thirds (2/3) of the members of each of the two (2) Chambers are present.
No decision of the National Assembly may be taken without a majority of two- thirds (2/3) of the votes cast.
The amendment passed may enter into effect only after installation of the next elected President. In no case may the President under the Government that approved the amendment benefit from any advantages deriving there from.
General elections to amend the Constitution by referendum are strictly forbidden.
No amendment to the Constitution may effect the democratic and republican nature of the State.
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
Awaiting the establishment of the Permanent Electoral Council provided for in this Constitution, the National Council of Government shall set up a Provisional Electoral Council of nine (9) members, charged with drawing up and enforcing the Electoral Law to govern the next elections, who shall be designated as follows:
Within two weeks following ratification of this Constitution, the bodies or organizations concerned shall inform the Executive of the name of their representative.
If any of the above bodies or organizations does not appoint a member, the Executive shall fill the vacancy or vacancies.
The mission of the Provisional Electoral Council shall end when the President- elect takes office.
The members of the first Permanent Electoral Council shall divide among them by lot the terms of nine (9), six (6), and three (3) years, stipulated for replacement of the Council by thirds (1/3).
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
At the time of the first composition of the Constitutional Council, the first three members appointed from the list of the Executive Power, of the National Assembly, and of the Superior Council of the Judicial Power will be for nine (9) years, the second three members for six (6) years and the other three for three (3) years.
All Codes of Law or Handbooks of Justice, all laws, all decree laws and all decrees and orders (Arretes) currently in force shall be maintained in all matters not contrary to this Constitution.
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
This Constitution shall be published within two weeks of its ratification by referendum. It shall enter into force as soon as it is published in LE MONITEUR, the Official Gazette of the Republic.
Given at the Legislative Palace, in Port-au-Prince, the seat of the Constituent National Assembly, on March 10, 1987, in the One Hundred Eighty-Fourth Year of Independence.