English Translation \u00a9 2012 by William S. Hein & Co., Inc. All rights reserved.
\n\n\nTranslated by Maria del Carmen Gress and Jefri J. Ruchti
\n\nThe Haitian people proclaim this Constitution:
\nTo 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.
\nTo constitute a Haitian nation, socially just, economically free, and politically independent.
\nTo establish a State stable and strong, capable of protecting the values, the traditions, the sovereignty, the independence and the national vision.
\nTo implant democracy which implies ideological pluralism and political alternation and to affirm the inviolable rights of the Haitian People.
\nTo 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].
\nTo 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.
\nTo 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.
\nTo 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.
\nFirst Article
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nHaiti is an indivisible, sovereign, independent, free, democratic and unified Republic.
\nFirst Article 1
\nThe city of Port-au-Prince is the capital and the seat of government. This seat may be moved elsewhere for reasons of force majeure.
\nArticle 2
\nThe national colors shall be blue and red.
\nArticle 3
\nThe emblem of the Haitian Nation shall be a flag with the following description:
\ntwo (2) equal sized horizontal bands: a blue one on top and a red one underneath;
\nthe coat of arms of the Republic are: a Palette surmounted by the liberty cap, and under the palms a trophy with the legend: In Union there is Strength.
\nArticle 4
\nThe national motto is: Liberty; Equality, Fraternity.
\nArticle 4-1
\nThe national anthem shall be the \u201cDessalinienne.\u201d
\nArticle 5
\nAll Haitians are united by a common language: Creole. Creole and French are the official languages of the Republic.
\nArticle 6
\nThe monetary unit shall be the gourde, which is divided into centimes.
\nArticle 7
\nThe 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.
\nArticle 7-1
\nUse of effigies of deceased persons must be approved by the Legislature.
\nArticle 8
\nThe territory of the Haitian Republic comprises:
\nthe western part of the island of Haiti and the adjacent island of La Gonave, La Tortue, I\u2019Ile a Vache, les Cayemittes, La Navase, La Grande Caye and the other islands of the Territorial Sea;
\nit is bounded on the east by the Dominican Republic, on the north by the Atlantic Ocean, on the south and west by the Caribbean Sea or Sea of the Antilles;
\nthe air space over the land sea of the Republic.
\nArticle 8-1
\nThe territory of the Haitian Republic is inviolable and may not be alienated either in whole or in part by any treaty or convention.
\nArticle 9
\nThe territory of the Republic is divided and subdivided into Departments, Arrondissements, Communes, Quartiers and Communal Sections.
\nArticle 9-1
\nThe law determines the number and boundaries of these divisions and subdivisions, and regulates their organization and operation.
\nThe regulations governing Haitian nationality shall be determined by law.
\nAny 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.
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe law establishes the conditions in which an individual may acquire the Haitian nationality.
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nAny Haitian, except for the privileges reserved to Haitians of origin, is subject to all the rights, duties and obligations attached to their Haitian nationality.
\nNo Haitian can make their foreign nationality prevail on the territory of the Republic.
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nArticle 16
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nArticle 16-1
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nArticle 16-2
\nThe age of majority is eighteen (18) years.
\nArticle 17
\nAll 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.
\nArticle 17-1
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nArticle 18
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nHaitians shall be equal before the law, subject to the special advantages conferred on native-born Haitians who have never renounced their nationality.
\nSECTION A. Right to Life and Health
\nArticle 19
\nThe 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.
\nArticle 20
\nThe death penalty is abolished in all cases.
\nArticle 21
\nThe 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\u2019s stealing state property, entrusted to his management, or any violation of the Constitution by those responsible for enforcing it.
\nArticle 21-1
\nThe crime of high treason is punishable by forced labor for life without commutation of sentence.
\nArticle 22
\nThe State recognizes the right of every citizen to decent housing, education, food and social security.
\nArticle 23
\nThe 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.
\nSECTION B. Individual Liberty
\nArticle 24
\nIndividual liberty is guaranteed and protected by the State.
\nArticle 24-1
\nNo one may be prosecuted, arrested or detained except in the cases determined by law and in the manner it prescribes.
\nArticle 24-2
\nExcept 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.
\nArticle 24-3
\nFor such an order to be carried out, the following requirements must be met:
\nIt must formally state the reason in Creole and in French for the arrest or detention and the provision of the law that provides for punishment of the act charged.
\nLegal notice must be given and a copy of the order must be left with the accused at the time of its execution;
\nThe accursed must be notified of his right to be assisted by counsel at all phases of the investigation of the case up to the final judgment;
\nExcept where the perpetrator of a crime is caught in the act, no arrest by warrant and no search may take place between six (6) p.m. and six (6) a.m.
\nResponsibility for an offense is personal, and no one may be arrested in the place of another.
\nArticle 25
\nAny 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.
\nArticle 25-1
\nNo one may be interrogated without his attorney or a witness of his choice being present.
\nArticle 26
\nNo 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.
\nArticle 26-1
\nIn 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.
\nIn 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.
\nArticle 26-2
\nIf 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.
\nArticle 27
\nAny 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.
\nArticle 27-1
\nGovernment 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.
\nSECTION C. Freedom of Expression
\nArticle 28
\nEvery Haitian has the right to express his opinions freely on any matter by any means he chooses.
\nArticle 28-1
\nJournalists 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.
\nArticle 28-2
\nJournalists 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.
\nArticle 28-3
\nAll offenses involving the press and abuses of the right of expression come under the code of criminal law.
\nArticle 29
\nThe right of petition is recognized. It is exercised personally by one or more citizens but never in the name of a body.
\nArticle 29-1
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nSECTION D. Freedom of Conscience
\nArticle 30
\nAll 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.
\nArticle 30-1
\nNo one may be compelled to belong to a religious organization or to follow a religious teaching contrary to his convictions.
\nArticle 30-2
\nThe law establishes the conditions for recognition and practice of religions and faiths.
\nSECTION E. Freedom of Assembly and Association
\nArticle 31
\nFreedom of unarmed assembly and association for political, economic, social, cultural or any other peaceful purposes is guaranteed.
\nArticle 31-1
\nPolitical 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.
\nArticle 31-1-1
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nAny 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.
\nArticle 31-2
\nThe police authorities must be notified in advance of assemblies outdoors in public places.
\nArticle 31-3
\nNo one may be compelled to join any association of any kind.
\nSECTION F. Education and Teaching
\nArticle 32
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe State guarantees the right to education. Instruction is free to all the degrees. This freedom is exercised under the control of the State.
\nArticle 32-1
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nEducation 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.
\nArticle 32-2
\nThe 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.
\nArticle 32-3
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nFundamental 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.
\nArticle 32-4
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nAgricultural, vocational and technical education is a responsibility taken by the State and the territorial collectivities.
\nArticle 32-5
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nPreschool and maternal instruction will be a responsibility taken by the State and the territorial collectivities.
\nArticle 32-6
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe access to superior studies is open, in full equality, to all.
\nArticle 32-7
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe State must see to it that each territorial collectivity is endowed with establishments adapted to the needs of its development.
\nArticle 32-8
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nArticle 32-9
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nArticle 32-10
\nTeachers are entitled to a fair salary.
\nArticle 33
\nThere shall be freedom of education at all levels. This freedom shall be exercised under the control of the State.
\nArticle 34
\nExcept 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.
\nArticle 34-1
\nThis provision does not apply when an educational establishment is used for the purposes.
\nSECTION G. Freedom to Work
\nArticle 35
\nFreedom to work is guaranteed; every citizen has the obligation to engage in work of his choice to meet his own and his family\u2019s needs, and to cooperate with the State in the establishment of a social security system.
\nArticle 35-1
\nEvery employee of a private or public institution is entitled to a fair wage, to rest, to a paid annual vacation and to a bonus.
\nArticle 35-2
\nThe State guarantees workers equal working conditions and wages regardless of their sex, beliefs, opinions and marital status.
\nArticle 35-3
\nTrade 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.
\nArticle 35-4
\nUnions are essentially nonpolitical, nonprofit, and nondenominational. No one may be forced to join a union.
\nArticle 35-5
\nThe right to strike is recognized under the limits set by law.
\nArticle 35-6
\nThe minimum age for gainful employment is set by law. Special laws govern the work of minors and servants.
\nSECTION H. Property
\nArticle 36
\nPrivate property is recognized and guaranteed. The law specifies the manner of acquiring and enjoying it, and the limits placed upon it.
\nArticle 36-1
\nExpropriation 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.
\nIf 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.
\nArticle 36-2
\nNationalization and confiscation of goods, property and buildings for political reasons are forbidden.
\nNo 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.
\nArticle 36-3
\nOwnership also entails obligations. Uses of property cannot be contrary to the general interest.
\nArticle 36-4
\nLandowners must cultivate, work, and protect their land, particularly against erosion. The penalty for failure to fulfill this obligation shall be prescribed by law.
\nArticle 36-5
\nThe right to own property does not extend to the coasts, springs, rivers, water courses, mines and quarries. They are part of the State\u2019s public domain.
\nArticle 36-6
\nThe 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.
\nArticle 37
\nThe 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.
\nArticle 38
\nScientific, literary and artistic property is protected by law.
\nArticle 39
\nThe inhabitants of the Communal Sections have the right of preemption for the exploitation of the State\u2019s land in the private domain located in their locality.
\nSECTION I. Right to Information
\nArticle 40
\nThe 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.
\nSECTION J. Right to Security
\nArticle 41
\nNo 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.
\nArticle 41-1
\nNo Haitian needs a visa to leave or return to the country.
\nArticle 42
\nNo citizen, whether civilian or military, may be denied access to the courts open to him under the Constitution and the laws.
\nArticle 42-1
\nMilitary personnel accused of the crime of high treason against the country shall be tried in a court of ordinary law.
\nArticle 42-2
\nMilitary courts have jurisdiction only:
\nin the case of violation by military personnel of regulations in the Manual of Military Justice;
\nin the case of conflicts between members of the armed forces;
\nin the case of war.
\nArticle 42-3
\nCases 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.
\nArticle 43
\nNo house search or seizure of papers may take place except under the terms of the law and in the manner prescribed by it.
\nArticle 44
\nPersons detained temporarily awaiting trial must be held separately from those who are serving sentence.
\nArticle 44-1
\nPrisons must be operated in accordance with standards reflecting respect for human dignity according to the law on this subject.
\nArticle 45
\nNo penalty may be established except by law nor applied except in cases that the law determines.
\nArticle 46
\nNo 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.
\nArticle 47
\nNo one may be compelled to take an oath except in the cases and in the manner provided for by law.
\nArticle 48
\nThe 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.
\nArticle 49
\nFreedom 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.
\nArticle 50
\nUnder the Constitution and the law, a jury is established in criminal cases for violent crimes and political offenses.
\nArticle 51
\nThe law may not be made retroactive except in criminal cases when it favors the accused.
\nArticle 52
\nCitizenship entails civic duties. Every right is counterbalanced by a corresponding duty.
\nArticle 52-1
\nCivic duties are the citizen\u2019s moral, political, social and economic obligations as a whole to the State and the country. These obligations are:
\nto respect the Constitution and the national emblem;
\nto respect the laws;
\nto vote in elections without constraint;
\nto pay his taxes;
\nto serve on a jury;
\nto defend the country in the event of war;
\nto educate and improve himself;
\nto respect and protect the environment;
\nto respect scrupulously the revenues and properties of the State;
\nto respect the property of others;
\nto work to maintain peace;
\nto provide assistance to persons in danger;
\nto respect the rights and freedom of others.
\nArticle 52-2
\nFailure to abide by these provisions shall be punishable by law.
\nArticle 52-3
\nCompulsory civic service for both sexes is established. The terms thereof shall be set by law.
\nThe conditions under which aliens may be admitted to or remain in the country are established by law.
\nAliens in the territory of the Republic shall enjoy the same protection accorded to Haitians, under the law.
\nAliens 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.
\nThe right to own real property is accorded to aliens resident in Haiti for the needs of their sojourn in the country.
\nHowever, 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.
\nThe 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.
\nNo alien may be the owner of a building bounded by the Haitian land order.
\nThe 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.
\nViolators of the above provisions and their accomplices shall be punished as provided for in the law.
\nAn 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.
\nThe right to asylum for political refugees is recognized.
\nNational sovereignty is vested in all citizens.
\nCitizens directly exercise the prerogatives of sovereignty by:
\nelecting the President of the Republic;
\nelecting members of the Legislature;
\nelecting members of all other bodies or all assemblies provided for by the Constitution and by law.
\nCitizens delegate the exercise of national sovereignty to three (3) powers of government:
\nthe Legislative Power;
\nthe Executive Power;
\nthe Judicial Power.
\nThe principle of separation of the three (3) powers is embodied in the Constitution.
\nThe three (3) powers constitute the essential foundation of the organization of the State, which is civil.
\nEach power is independent of the other two (2) in the powers it exercises separately.
\nNone 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.
\nEach of the three (3) powers is entirely responsible for its own acts.
\nArticle 61
\nThe territorial divisions are the Communal Sections, the Communes and the Departments.
\nArticle 61-1
\nThe law may create any other territorial division.
\nSECTION A. Communal Sections
\nArticle 62
\nThe Communal Section is the smallest administrative territorial entity of the Republic.
\nArticle 63
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nArticle 63-1
\nThe Administrative Council of the Communal Section is assisted in its work by an Assembly of the Communal Section.
\nArticle 64
\nThe state is obligated to establish for each Communal Section the structures required for social, economic, civic and cultural training of its population.
\nArticle 65
\nMembers of the Administrative Council of the Communal Section must:
\nbe Haitians and be at least twenty-five (25) years of age;
\nhave resided in the Communal Section for two (2) years before the elections and continue to reside there:
\nenjoy civil and political rights and never been sentenced to death, personal restraint or penal servitude or the loss of civil rights.
\nSECTION B. Communes
\nArticle 66
\nCommunes 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.
\nArticle 66-1
\nThe 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.
\nArticle 67
\nThe Municipal Council is assisted in its work by a Municipal Assembly composed, among others, of a representative of each of its Communal Sections.
\nArticle 68
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe mandate of the Municipal Council is of four (4) years and its members are indefinitely re-eligible.
\nArticle 69
\nThe mode of organization and operation of the Commune and the Municipal Council are regulated by law.
\nArticle 70
\nMembers of a Municipal Council must:
\nbe Haitians;
\nhave attained twenty-five (25) years of age;
\nenjoy civil and political rights;
\nhave never been sentenced to death, personal restraint or penal servitude or the loss of civil rights;
\nhave resided at least three (3) years in the Commune and undertake to reside there for the duration of their term.
\nArticle 71
\nEach Municipal Council is assisted at its request by a Technical Council furnished by the Central Government.
\nArticle 72
\nThe Municipal Council may be dissolved for negligence, embezzlement, or maladministration, legally determined by a court of competent jurisdiction.
\nIf 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.
\nArticle 73
\nThe 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.
\nArticle 74
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nSECTION C. Arrondissements
\nArticle 75
\nThe Arrondissement is an administrative division that may comprise several Communes. Its organization and operations are governed by law.
\nSECTION D. Departments
\nArticle 76
\nThe Department is the largest territorial division. It comprises the Arrondissements.
\nArticle 77
\nThe Department has legal personality and is autonomous.
\nArticle 78
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nEach Department is administered by a council of three (3) members elected for four (4) years by the Departmental Assembly.
\nArticle 79
\nMembers of the Departmental Council are not necessarily drawn from the Assembly, but they must:
\nbe Haitians and at least twenty-five (25) years of age;
\nhave resided in the Department three (3) years before the elections and undertake to remain there during their term;
\nenjoy civil and political rights and have never been sentenced to death, personal restraint, or penal servitude or the loss of civil rights.
\nArticle 80
\nThe departmental Council is assisted in its work by a Departmental Assembly made up of: One (1) representative from each Municipal Assembly.
\nArticle 80-1
\nThe following may attend Assembly meetings in an advisory capacity:
\ndeputies and Senators of the Department;
\none (1) representative of each socio-professional association or union;
\nthe Departmental Delegate;
\nthe Director of Public Services of the Department.
\nArticle 81
\nThe Departmental Council draws up the Department\u2019s development plan in cooperation with the Central Government.
\nArticle 82
\nThe organization and operations of the Departmental Council and the Departmental Assembly are regulated by law.
\nArticle 83
\nThe 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.
\nArticle 84
\nThe Departmental Council may be dissolved in the event of embezzlement or maladministration legally determined by a court of competent jurisdiction.
\nIf 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.
\nSECTION E. Delegates and Vice Delegates
\nArticle 85
\nIn 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.
\nArticle 86
\nDelegates and Vice Delegates ensure coordination and control of public services and exercise no repressive police function.
\nOther duties of delegates and Vice Delegates are determined by law.
\nSECTION F. Interdepartmental Council
\nArticle 87
\nThe 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.
\nArticle 87-1
\nThis Representative chosen from among the members of the Departmental Assemblies serves as liaison between the Department and the Executive Power.
\nArticle 87-2
\nThe 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.
\nArticle 87-3
\nIt attends working meetings of the Council of Ministers, when they discuss subjects mentioned in the preceding paragraph and has the right to vote.
\nArticle 87-4
\nDecentralization must be accompanied by deconcentration of public services with delegation of power and industrial decompartmentalization for the benefit of the departments.
\nArticle 87-5
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe law determines the organization and the functioning of the Interdepartmental Council.
\nArticle 88
\nLegislative power shall be vested in two (2) representative Chambers. One (1) Chamber of Deputies and one (1) Senate, comprising the Legislature or Parliament.
\nSECTION A. The Chamber of Deputies
\nArticle 89
\nThe 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.
\nArticle 90
\nEach Municipal Authority comprises an electoral district and elects one (1) Deputy.
\nThe law sets up to three (3) the number of Deputies at the level of large built-up areas.
\nPending application of the above subparagraphs, the number of Deputies may not be fewer than seventy (70).
\nArticle 90-1
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nArticle 90-2
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nOn 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%).
\nArticle 91
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nTo be a member of the Chamber of Deputies, one must:
\nbe Haitian of origin, never to have renounced his nationality and not holding any other nationality at the moment of his inscription;
\nbe twenty-five (25) years of age;
\nenjoy ones civil and political rights and to never have been condemned to a afflictive and infamous penalty for a crime of common law;
\nhave resided at least two (2) consecutive years preceding the date of the elections in the electoral circumscription to be represented;
\nbe the owner of real assets in the circumscription or to exercise a profession or an industry there.
\nhave received discharge, the case arising, from being a manager of public funds.
\nArticle 92
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe Deputies are elected for four (4) years and are indefinitely re-eligible.
\nArticle 92-1
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThey 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.
\nIn 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.
\nArticle 92-2
\nThe 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.
\nArticle 92-3
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe renewal of the Chamber of Deputies is made completely every four (4) years.
\nArticle 93
\nBeside 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.
\nSECTION B. The Senate
\nArticle 94
\nThe 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.
\nArticle 94-1
\nThe number of Senators is set at three (3) per Department.
\nArticle 94-2
\nA 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.
\nArticle 94-3
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nOn 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%).
\nArticle 95
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nIn 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.
\nArticle 95-1
\nThe Senate is permanently session.
\nArticle 95-2
\nThe 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.
\nIn emergencies, the Executive may also convene the Senate before the end of the adjournment period.
\nArticle 95-3
\nOne-third (1/3) of the Senate is replaced every two (2) years.
\nArticle 96
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nTo be elected Senator, one must:
\nbe Haitian of origin, never to have renounced his nationality and not holding any other nationality at the moment of his inscription;
\nbe thirty (30) years of age;
\nenjoy ones civil and political rights and to never have been condemned to a afflictive and infamous penalty for a crime of common law;
\nhave resided in the Department to be represented at least three (3) consecutive years preceding the date of the elections;
\nbe the owner of real assets in the department or to exercise a profession or an industry there.
\nhave received discharge, the case arising, from being a manager of public funds.
\nArticle 97
\nIn addition to the responsibilities incumbent upon it as a branch of the Legislature, the Senate shall have the following powers:
\nto propose to the Executive the list of Supreme Court (Cour de Cassation) justices according to the provisions of the Constitution;
\nconstitute itself as a High Court of Justice;
\nexercise all other powers assigned to it by this Constitution and by law.
\nSECTION C. The National Assembly
\nArticle 98
\nThe meeting in a single Assembly of the two (2) branches of the Legislature constitutes the National Assembly.
\nArticle 98-1
\nThe National Assembly meets to open and close each session and in all cases provided for by the Constitution.
\nArticle 98-2
\nThe powers of the National Assembly are limited and may not be extended to matters other than those especially assigned to it by the Constitution.
\nArticle 98-3
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe attributions of the National Assembly are:
\nto receive the constitutional oath of the President of the Republic;
\nto ratify any decision of declaration of war when all the attempts at conciliation have failed;
\nto approve or to reject the international treaties and conventions;
\nto amend the Constitution following the procedure which is indicated in it;
\nto ratify the decision of the Executive to change the seat of government in the case determined by Article 1-1 of this Constitution;
\nto decide on the opportuneness of the state of urgency and the state of siege, to order with the Executive the constitutional guarantees to be suspended and to decide on any demand for renewal of this measure;
\nto participate in the formation of the Permanent Electoral Council in accordance with Article 192 of the Constitution.
\nto participate in the appointment of a Provisional President, in accordance with Article 149 of the Constitution;
\nto participate in the formation of the Constitutional Council, in accordance with Article 190bis-1 of the Constitution;;
\nto receive, at the opening of each session, the assessment of the activities of the Government.
\nArticle 99
\nThe 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.
\nArticle 99-1
\nIn 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.
\nArticle 99-2
\nIn the event the two (2) Presidents are unable to discharge their duties, the two (2) Vice-Presidents shall replace them, respectively.
\nArticle 100
\nSessions 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.
\nArticle 101
\nIn emergencies, when the Legislature is not in session, the Executive Power may call a special session of the National Assembly.
\nArticle 102
\nThe National Assembly may not meet or take decisions and pass resolutions without a majority of each of the two (2) Chambers being present.
\nArticle 103
\nThe 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.
\nSECTION D. Exercise of Legislative Power
\nArticle 104
\nA session of the Legislature dates from the opening of the two (2) Chambers meeting as the National Assembly.
\nArticle 105
\nIn the interval between regular sessions and in emergencies, the President of the Republic may call a special session of the Legislature.
\nArticle 106
\nThe Chief of the Executive Power reports on that measure by a message.
\nArticle 107
\nIn the event the Legislature is convened in special session, it may not decide on any matter other than that for which it was called.
\nArticle 107-1
\nHowever, any Senator or Deputy may introduce a matter of general interest in an Assembly of which he is a member.
\nArticle 108
\nEach Chamber checks and validates the credentials of its members and is the final judge of any disputes that may arise in this regard.
\nArticle 109
\nThe members of each Chamber shall take the following oath:
\n\u201cI swear to discharge my duties, to maintain and safeguard the rights of the people, and to be faithful to the Constitution\u201d.
\nArticle 110
\nMeetings 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.
\nArticle 111
\nThe Legislature takes the laws on all matters of public interest.
\nArticle 111-1
\nLaws may be initiated by each of the two (2) Chambers as well as by the Executive Power.
\nArticle 111-2
\nHowever, 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.
\nArticle 111-3
\nIn 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.
\nArticle 111-4
\nIf 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.
\nArticle 111-5
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nArticle 111-6
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nArticle 111-7
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nArticle 111-8
\nIn no case may the Chamber of Deputies or the Senate be dissolved or adjourned, nor shall the terms of their members be extended.
\nArticle 112
\nEach 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.
\nArticle 112-1
\nEach Chamber may impose on its members for reprehensible conduct, by a two thirds (2/3) majority vote, disciplinary penalties, except for expulsion.
\nArticle 113
\nAny 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.
\nArticle 114
\nMembers 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.
\nArticle 114-1
\nThey may at no time be prosecuted or attacked for the opinions and votes cast by them in the discharge of their duties.
\nArticle 114-2
\nNo member of the Legislature shall be subject to civil imprisonment during his term of office.
\nArticle 115
\nNo 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.
\nArticle 116
\nNeither of the two (2) Chambers may sit nor take action without the presence of a majority of its members.
\nArticle 117
\nAll acts of the Legislature must be approved by a majority of the members present, unless otherwise stipulated in this Constitution.
\nArticle 118
\nEach Chamber has the right to investigate matters brought before it.
\nArticle 119
\nAll bills must be voted on article by article.
\nArticle 119-1
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe Executive Power can solicit the benefit of urgency on the vote of a bill of law.
\nIn the case where the solicited benefit of urgency is obtained, the bill of law is voted article by article, all other matters ceasing.
\nArticle 120
\nEach 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.
\nArticle 120-1
\nAny bill may be withdrawn from discussion so long as it has not been finally voted upon.
\nArticle 121
\nAny 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.
\nArticle 121-1
\nIn 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.
\nArticle 121-2
\nIf the bill thus amended is voted on by the second Chamber, it will be sent back to the President of the Republic for promulgation.
\nArticle 121-3
\nIf the objection are rejected by the Chamber that originally passed the bill, it shall be returned to the other Chamber with the objections.
\nArticle 121-4
\nIf the second Chamber also votes to reject it, the bill is sent back to the President of the Republic, who must then promulgate it.
\nArticle 121-5
\nRejection 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.
\nArticle 121-6
\nIf in either Chamber the Majority stipulated in the preceding paragraph is not obtained for the rejection, the objections are accepted.
\nArticle 122
\nThe 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.
\nArticle 123
\nIf 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.
\nArticle 124
\nA bill rejected by one of the two (2) Chambers may not be introduced again in the same session.
\nArticle 125
\nBills 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.
\nArticle 125-1
\nBills shall be numbered and included in the printed and numbered bulletin entitled BULLETIN OF LAWS AND ACTS.
\nArticle 126
\nThe bill is dated on the day of it final adoption by the two (2) Chambers.
\nArticle 127
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nNo 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.
\nArticle 128
\nOnly the Legislature Power has the authority to interpret laws, which it does by passing a law.
\nArticle 129
\nEach member of the Legislature receives a monthly stipend from the time he takes oath.
\nArticle 129-1
\nService as a member of the Legislature is incompatible with any other duty remunerated by the State, except that of teacher.
\nArticle 129-2
\nEvery 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.
\nArticle 129-3
\nAs 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.
\nArticle 129-4
\nWhen 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\u2019s resignation to the President of the Republic.
\nArticle 129-5
\nThe president must accept that resignation and appoint new Prime Minister, pursuant to the provisions of this Constitution.
\nArticle 129-6
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe Legislative Power may not take, as it concerns the Prime Minister, more than one vote of censure per year.
\nAny Prime Minister having obtained a vote of confidence may only be interpellated in a time of six (6) months after this vote of confidence.
\nThe 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.
\nArticle 130
\nIn 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.
\nArticle 130-1
\nThe election shall take place within thirty (30) days after convocation of the Primary Assembly, pursuant to the Constitution.
\nArticle 130-2
\nThe 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.
\nArticle 130-3
\nHowever, if the vacancy occurs during the last regular session of the Legislature or after that session, a by-election may not be held.
\nSECTION E. Incompatibilities
\nArticle 131
\nThe following may not be elected members of the Legislature:
\ngovernment concessionnaires or contractors for the performance of public services;
\nrepresentatives or agents of Government contractors or concessionnaires, or companies or corporations that have Government concessions or contracts;
\nDelegates, Vice Delegates, judges, and officers of the Public Prosecutor\u2019s Office whose duties have not terminated six (6) months before the date set for the elections;
\nany person who comes under the other cases of ineligibility stipulates by this Constitution and by law.
\nArticle 132
\nMembers 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.
\nArticle 133
\nThe Executive power is vested in:
\nthe President of the Republic, who is the Head of State.
\nthe Government, which is headed by a Prime Minister.
\nSECTION A. The President of the Republic
\nArticle 134
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nArticle 134bis
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nOn 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%).
\nArticle 134-1
\nThe term of the President is five (5) years. This term begins and ends on the February 7 following the date of the elections.
\nArticle 134-2
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe presidential election takes place on the last Sunday of October of the fifth year of the presidential mandate.
\nThe 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.
\nArticle 134-3
\nThe 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.
\nArticle 135
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nTo be President of the Republic of Haiti, one must:
\nbe Haitian of origin and never to have renounced his Haitian nationality and not holding any other nationality at the moment of his inscription;
\nbe thirty-five (35) years of age on the day of the elections;
\nenjoy ones civil and political rights and to never have been condemned to a afflictive and infamous penalty for a crime of common law;
\nbe the owner of real assets at the least and have a habitual residence in the country
\nhave resided in the country for five (5) consecutive years at least before the date of the elections;
\nhave received discharge from his management if one has been accountable for public monies.
\nArticle 135-1
\nBefore taking office, the President of the Republic shall take the following oath before the National Assembly: \u201cI 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\u2019s independence and the integrity of its territory\u201d.
\nSECTION B. Duties of the President of the Republic
\nArticle 136
\nThe 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.
\nArticle 137
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nArticle 137-1
\nThe President of the Republic shall terminate the duties of the Prime Minister upon the letter\u2019s submission of the Government\u2019s resignation.
\nArticle 138
\nThe President of the Republic is the guarantor of the nation\u2019s independence and the integrity of its territory.
\nArticle 139
\nHe shall negotiate and sign all international treaties, conventions and agreements and submit them to the National Assembly for ratification.
\nArticle 139-1
\nHe shall accredit ambassadors and special envoys to foreign powers, receive letters of accreditation from ambassadors of foreign powers and issued exequatur to consuls.
\nArticle 140
\nHe declares war, and negotiates and signs peace treaties with the approval of the National Assembly.
\nArticle 141
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nArticle 142
\nBy 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.
\nHe also appoints, with the approval of the Senate, Administrative Councils of Autonomous Agencies.
\nArticle 143
\nThe President of the Republic is the nominal head of the armed forces, but he never commands them in person.
\nArticle 144
\nHe 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.
\nArticle 145
\nHe sees to the enforcement of judicial decisions, pursuant to the law.
\nArticle 146
\nThe 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.
\nArticle 147
\nHe may grant amnesty only for political matters as stipulated by law.
\nArticle 148
\nIf 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.
\nArticle 149
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nIn 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.
\nIn 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.
\nIn 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.
\nArticle 149-1
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThis President is reputed to have completed one presidential mandate.
\nArticle 149-2
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nNo 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.
\nArticle 150
\nThe President of the republic shall have no powers other than those accorded to him by the Constitution.
\nArticle 151
\nAt 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.
\nArticle 152
\nThe President of the Republic shall receive a monthly salary from the Public Treasury upon taking the oath of office.
\nArticle 153
\nThe 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.
\nArticle 154
\nThe President of the Republic presides over the Council of Ministers.
\nSECTION C. The Government
\nArticle 155
\nThe Government is composed of the Prime Minister, the Ministers and Secretaries of State. The Prime Minister is the head of the Government.
\nArticle 156
\nThe Government conducts the policy of the Nation. It is responsible before Parliament under the terms stipulated by the Constitution.
\nArticle 157
\nTo be appointed Prime Minister, a person must:
\nbe a native-born Haitian, and never have renounced Haitian nationality;
\nhave attained thirty (30) years of age;
\nenjoy civil and political rights and never have been sentenced to death, personal restraint or penal servitude or the loss of civil rights;
\nown real property in Haiti and practice a profession there;
\nhave resided in the county for five (5) consecutive years;
\nhave been relieved of his responsibilities if he has been handling public funds.
\nSECTION D. Powers of The Prime Minister
\nArticle 158
\nWith 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.
\nIn the event of a vote of no-confidence by one of the two (2) Chambers, the procedure shall be repeated.
\nArticle 159
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nHis regulatory power is exercised by Order of the Prime Minister.
\nArticle 159-1
\nIn concert with the President of the Republic, he is responsible for national defense.
\nArticle 160
\nThe 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.
\nArticle 161
\nThe 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.
\nArticle 162
\nActs of the Prime Minister are countersigned, if need by the Ministers responsible for enforcing them. The Prime Ministers may be assigned a Ministerial portfolio.
\nArticle 163
\nThe 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.
\nArticle 164
\nThe 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.
\nArticle 165
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nIn 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.
\nIn 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.
\nSECTION E. The Ministers and Secretaries of State
\nArticle 166
\nThe President of the Republic presides over the Council of Ministers. The number of Ministers may be no fewer than ten (10).
\nWhen he deems it necessary, the Prime Minister may appoints Secretaries of State to the Ministers.
\nArticle 167
\nThe number of Ministers is set by law.
\nArticle 168
\nHolding a ministerial post is incompatible with the exercise of all other public employment, except for higher education.
\nArticle 169
\nMinisters are responsible for the acts of the Prime Minister that they countersign. They are jointly responsible for enforcement of the laws.
\nArticle 169-1
\nIn 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.
\nArticle 170
\nThe Prime Minister, the Ministers and the Secretaries of State receive monthly salaries established by the Budgetary law.
\nArticle 171
\nMinisters appoint certain categories of Government employees by delegation of the Prime Minister, according to the conditions set by the law on Government operations.
\nArticle 172
\nWhen 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.
\nArticle 172-1
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nTo be appointed Minister, one must:
\nbe Haitian and to provide the evidence of having responded to all his obligations concerning a citizen fiscally domiciled in Haiti, and to posses real assets there, able to guarantee and protect the State and to not hold any other nationality at the moment of appointment;
\nbe thirty (30) years old;
\nenjoy one\u2019s civil and political rights and to never have been condemned to a afflictive and infamous penalty;
\nhave received discharge from his management if one has been accountable for public monies.
\nArticle 173
\nThe 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.
\nArticle 173-1
\nCivil rights cases are exclusively the competence of the courts.
\nArticle 173-2
\nNo court and no jurisdiction in disputed matters may be established except by law. No special court may be established under any name whatever.
\nArticle 174
\nJudges 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.
\nArticle 175
\nSupreme 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.
\nArticle 176
\nThe law regulates the conditions required for serving as a judge at any level. A School of the Magistrature shall be established.
\nArticle 177
\nJudges 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.
\nArticle 178
\nThe 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.
\nArticle 178-1
\nHowever, 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.
\nArticle 179
\nThe duties of a judge are incompatible with any other salaried duties, except for education.
\nArticle 180
\nCourt 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.
\nArticle 180-1
\nSentences may not be delivered in closed session in cases of political offenses or offenses involving the press.
\nArticle 181
\nAll order or judgments shall state the grounds for the decision and shall be handed down in a public hearing.
\nArticle 181-1
\nOrders or judgments are delivered and executed in the name of the Republic, They shall include writs of execution to officers of the Public Prosecutor\u2019s 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.
\nArticle 182
\nThe Supreme court rules on conflicts of jurisdiction, in the manner regulated by law.
\nArticle 182-1
\nThe Supreme Court rules on both fact and law in all cases of decisions handed down by military courts.
\nArticle 183
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nArticle 183-1
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nArticle 183-2
\nThe Courts shall apply Government decrees and regulations only insofar as they are in conformity with the law.
\nArticle 184
\nThe law determines the jurisdiction of the courts and tribunals, and regulates the manner of proceedings before them.
\nArticle 184-1
\nThe law also provides for disciplinary penalties to be taken against judges and officers of the Public Prosecutor\u2019s Office, except for Supreme Court Justices, who are under the jurisdiction of the High Court of Justice for abuse of authority.
\nArticle 184-2
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nThe conditions of organization and of functioning of the Superior Council of the Judicial Power are established by the law.
\nArticle 185
\nThe 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\u2019s 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.
\nArticle 186
\nThe Chamber of Deputies, by a majority of two-thirds (2/3) of its members, shall indict:
\nthe President of the Republic for the crime of high treason or any other crime or offense committed in the discharge of his duties;
\nthe Prime Minister, the Ministers and the Secretaries of State for Crimes of high treason and embezzlement or abuse of power or any other crimes or offenses committed in the discharge of their duties;
\nmembers of the Permanent Electoral Council and the Superior Court of Auditors and the Court of Administrative Disputes for serious offenses committed in the discharge of their duties;
\nSupreme Court justices and officer of the Public Prosecutor\u2019s Office before the Court for abuse of authority;
\nthe Protector of Citizens (Protecteur du citoyen).
\nArticle 187
\nMembers of the High Court of Justice serve on an individual bases, and no opening proceedings, take the following oath;
\n\u201cI 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\u201d.
\nArticle 188
\nThe High Court of Justice shall designate, by secret ballot and an absolute majority of votes, from among its members a Committee of Enquiry.
\nArticle 188-1
\nThe 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.
\nArticle 189
\nThe High Court of Justice shall not sit unless a majority of two-thirds (2/3) of its members are present.
\nArticle 189-1
\nThe 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.
\nArticle 189-2
\nHowever, 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.
\nArticle 190
\nOnce 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.
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nArticle 190bis
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nArticle 190bis-1
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nThe Constitutional Council includes:
\nthree magistrates having an experience of ten (10) years at least, of which one (1) is designated by the Executive Power, one (1) by the National Assembly with the majority of two-thirds (2/3) of the members of each of the two Chambers, and one (1) by the Superior Council of the Judicial Power.
\nthree jurists of high level, professors or attorneys having an experience of ten (10) years at least, of which one (1) is designated by the Executive Power, one (1) by the National Assembly with the majority of two- thirds (2/3) of the members of each of the two Chambers, and one (1) by the Superior Council of the Judicial Power.
\nthree notable persons of great professional reputation having an experience of ten (10) years at least, of which one (1) is designated by the Executive Power, one (1) by the National Assembly with the majority of two- thirds (2/3) of the members of each of the two Chambers, and one (1) by the Superior Council of the Judicial Power.
\nArticle 190ter
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nArticle 190ter-1
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nTo be a member of the Constitutional Council one must:
\nbe Haitian of origin and not to hold any other nationality at the moment of the appointment;
\nbe already forty (40) years of age on the day of the appointment;
\nenjoy their civil and political rights and to never have been condemned to an afflictive and infamous penalty for crimes of common right;
\nbe the owner of a real property in Haiti or to exercise an industry or a profession there;
\nreside in Haiti for (5) consecutive years prior to the date of the appointment;
\nhave been discharged from ones administration if one has been accountable for public monies;
\nbe of good morality and of great probity.
\nArticle 190ter-2
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nThe 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.
\nArticle 190ter-3
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nIn 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.
\nArticle 190ter-4
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nIn 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.
\nArticle 190ter-5
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe Constitutional Council sees to and decides when it is referred to a matter:
\non the constitutionality of the laws before their promulgation;
\non the constitutionality of the internal regulations of the Senate and of the Chamber of Deputies before their implementation
\non the orders
\nFor 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.
\nThe 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.
\nArticle 190ter-6
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nIn these same cases, the referral to a matter of the Constitutional Council suspends the time period for promulgation.
\nArticle 190ter-7
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nIn the same way, it decides on the conflicts of attribution between the administrative tribunals, the electoral tribunals and the judicial tribunals.
\nArticle 190ter-8
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nWhen 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.
\nIf the provision is declared unconstitutional, the Constitutional Council returns it to the Parliament which decides sovereignly on the case. The new provision is promulgated.
\nArticle 190ter-9
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nA provision declared unconstitutional may not be promulgated or implemented.
\nArticle 190ter-10
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nAn 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.
\nArticle 191
\nThe 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.
\nArticle 191-1
\nThe Council also drafts the Electoral Bill that it submits to the Executive Power for the necessary purposes.
\nArticle 191-2
\nThe Council sees to it that the electoral lists are kept up-to-date.
\nArticle 192
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe Permanent Electoral Council includes nine (9) members chosen as follows:
\nthree (3) by the Executive Power;
\nthree (3) by the Superior Council of the Judicial Power;
\nthree (3) by the National Assembly with a majority of 2/3 of each one of the two chambers.
\nArticle 193
\nMembers of the Permanent Electoral Council must:
\nbe native-born Haitians;
\nhave attained forty (40) years of age;
\nenjoy civil and political rights and never have been sentenced to death, personal constraint or penal servitude or the loss of civil rights;
\nhave been relieved of their responsibilities if they have been handling public funds;
\nhave resided in the country at least three (3) years before their nomination.
\nArticle 194
\nMembers of the Permanent Electoral Council are appointed for a nine (9) year nonrenewable period. They may not be removed from office.
\nArticle 194-1
\nOne-third of the members of the Permanent Electoral Council are replaced every three (3) years. The President is chosen from among its members.
\nArticle 194-2
\nBefore taking office, the members of the Permanent Electoral Council take the following oath before the Supreme Court;
\n\u201cI swear to respect the Constitution and the provisions of the Electoral Law and to discharge my duties with dignity, independence, impartiality and patriotism.\u201d
\nArticle 195
\nIn 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.
\nArticle 195-1
\nThe seat of the Permanent electoral Council is in the capital. Its jurisdiction extends throughout the territory of the Republic.
\nArticle 196
\nMembers 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.
\nIn the event of dismissal, a member of the Council must wait three (3) years before he may run for an elective post.
\nArticle 197
\nThe 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.
\nArticle 198
\nIn 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.
\nArticle 199
\nThe law determines the rules for organization and operation of the Permanent Electoral Council
\nArticle 200
\nThe 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.
\nArticle 200-1
\nThe 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.
\nArticle 200-2
\nIts decisions are not subject to appeal, except to the Supreme Court.
\nArticle 200-3
\nThe Supreme Court of Auditors and Administrative Disputes comprises two (2) sections:
\nthe Financial Control Section;
\nthe Administrative Disputes Section.
\nArticle 200-4
\nThe 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.
\nArticle 200-5
\nMembers of the Superior Court of auditors and Administrative Disputes must:
\nbe Haitians and never have renounced their nationality;
\nhave attained thirty-five (35) years of age;
\nhave been relieved of their responsibilities of they have been handling public funds;
\nhave a Bachelor of Law degree, be a certified public accountant or hold an advanced degree in government administration, economics or public finance;
\nhave five (5) years-experience in public or private administration;
\nenjoy civil and political rights.
\nArticle 200-6
\nCandidates 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\u2019s President and Vice President form among them.
\nArticle 201
\nCourt members have a ten (10) year term and may not be removed
\nArticle 202
\nBefore 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:
\n\u201cI 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\u201d.
\nArticle 203
\nMembers 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.
\nArticle 204
\nThe 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\u2019s financial situation and on the efficacy of Government expenditures.
\nArticle 205
\nThe organization of the above-mentioned court, its membership regulations and its mode of operation are established by law.
\nArticle 206
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nArticle 206-1
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nArticle 207
\nAn office known as the OFFICE OF CITIZEN PROTECTION is established to protect all individuals against any form of abuse by the government.
\nArticle 207-1
\nThe 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.
\nArticle 207-2
\nHis intervention on behalf of any complainant is without charge, whatever the court having jurisdiction might be.
\nArticle 207-2bis
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nIn 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.
\nArticle 207-3
\nA law sets the conditions and regulations for the operation of the Office of Citizen Protection.
\nArticle 208
\nHigher education is free. it is provided by the University of the Haitian State (Univertite d\u2019Etat d\u2019Haiti), which is autonomous and by the superior public schools and the superior private schools accredited by the State.
\nArticle 209
\nThe 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.
\nArticle 210
\nThe Establishment of research centers must be encouraged.
\nArticle 211
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nA 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.
\nArticle 211-1
\nThe universities and the private and public superior schools provide academic and practical instruction adapted to the trends and requirements of national development.
\nArticle 212
\nAn organic law regulates the establishment, location and operation of university and public and private superior schools in the country.
\nArticle 213
\nA Haitian Academy shall be established to standardize the Creole language and enable it to develop scientifically and harmoniously.
\nArticle 213-1
\nOther academies may be established.
\nArticle 214
\nThe title Academy Member is purely honorific.
\nArticle 214-1
\nThe law shall determine the mode of organization and operation of academies.
\nArticle 215
\nArchaeological, 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\u2019 great feats of arms, famous centers of our African beliefs, and all vestiges of the past are placed under the protection of the State.
\nArticle 216
\nThe law determines special conditions for this protection in each sphere.
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nThe Executive Power is held to specify a mode of consultation of the territorial collectivities for any procedure of interest to the local finances.
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nNo 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.
\nNo preferential tax treatment may be established.
\nNo tax exemption, increase, decrease or elimination may be established except by law.
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nNo 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.
\nSubject to special provisions thereon, the holding of two or more salaried public offices at the same time is strictly forbidden, except posts in education.
\nProcedures for preparation of the budget and its execution are determined by law.
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nThe 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.
\nNational monetary policy is set by the Central Bank jointly with the Minister of Economics and Finance.
\nAn autonomous public agency with legal personality and financial autonomy performs the functions of a Central Bank. Its regulations are determined by law.
\nThe 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.
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe budget is voted by administrative entity following the classification established by the law.
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nGeneral accounts of receipts and expenditures of the Republic shall be kept by the Minister of Finance according to an accounting method established by law.
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nIt 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.
\nThe Government fiscal year begins on October 1 of each year and ends on September 30 of the following year.
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nEach year, the Legislative Power orders:
\nthe account of the receipts and of the expenses of the State for the past year or the preceding years;
\nthe general budget of the State.
\nHowever, no proposal or amendment may be introduced into the Budget when it is being voted upon, without provision of the ways and means therefore.
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nExamination and payment of the General Administration Accounts and all accounts of public funds are effected according to the method established by law.
\nIf 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.
\nIn 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.
\nAutonomous 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.
\nFor 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.
\nThis Committee may engage the services of specialists to assist it with its monitoring functions.
\nThe 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.
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe National Public Administration is constituted by the Administration of the State and by the Administration of the Territorial Collectivities.
\nGovernment 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.
\nThe law establishes the organization of the various Government structures and stipulates the conditions for their operation.
\nThe law shall regulate the civil service on the basis of aptitude, merit and conduct. It shall guarantee security of employment.
\nThe 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.
\nCareer 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.
\nOfficials 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.
\nGovernment employees and officials may form associations to defend their rights under the conditions established by law.
\nHolders of public office or positions, particularly Ministers and Secretaries of State, officers of the Public Prosecutor\u2019s 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.
\nThe 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.
\nUnjust gain may be determined by all types of evidence, particularly presumption of a sharp disproportion between the official\u2019s means acquired after his entry into service and the accumulated amount of salaries and emoluments to which the post he has occupied entitles him.
\nOfficials 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.
\nThe State has the duty to avoid major salary disparities in the civil service.
\nArticle 245
\nEconomic freedom shall be guaranteed so long as it is not contrary to the public interest.
\nThe 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.
\nArticle 246
\nThe 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.
\nArticle 247
\nAgriculture, which is the main source of the Nation\u2019s wealth, is a guarantee of the well-being of the people and the socio-economic progress of the Nation.
\nArticle 248
\nA 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.
\nArticle 248-1
\nThe law determines the minimum and maximum area of basic farm units.
\nArticle 249
\nThe 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.
\nArticle 250
\nNo 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.
\nArticle 251
\nThe 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.
\nArticle 252
\nThe 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.
\nArticle 253
\nSince the environment is the natural framework of the life of the people, any practices that might disturb the ecological balance are strictly forbidden.
\nArticle 253-1
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nAs 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.
\nArticle 254
\nThe State shall organize the enhancement of natural sites to ensure their protection and make them accessible to all.
\nArticle 255
\nTo protect forest reserves and expand the plant coverage, the State encourages the development of local sources of energy: solar, wind and others.
\nArticle 256
\nWithin 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.
\nArticle 256-1
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe State may, if the necessity for it is demonstrated, declare a zone of ecological utility.
\nArticle 257
\nThe law specifies the conditions for protecting flora and fauna, and punishes violations thereof.
\nArticle 258
\nNo one may introduce into the country wastes or residues of any kind from foreign sources.
\nThe State protects the family, which is the foundation of society.
\nIt 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.
\nThe law ensures protection for all children. Any child is entitled to love, affection, understanding and moral and physical care grow its father and mother.
\nA 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.
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe Public Force is composed of two (2) distinct corps:
\nthe Armed Forces of Haiti;
\nthe National Police of Haiti.
\nNo other armed corps may exist in the national territory.
\nAll 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.
\nArticle 264
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe Armed Forces of Haiti include the Forces of the Land, of the Sea, of the Air and the technical services.
\nThe Armed Forces of Haiti are constituted to guaranty the defense and the integrity of the territory of the Republic.
\nArticle 264-1
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe Armed Forces of Haiti are effectively commanded by an Officer General having as a title Commander-in-Chief.
\nArticle 264-2
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe Commander-in-Chief of the Armed Forces of Haiti, in accordance with the Constitution, is chosen from among the officers general on active service.
\nArticle 264-3
\nHis term is set at three (3) years and is renewable.
\nArticle 265
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nArticle 265-1
\nMembers of the Armed Forces exercise their right to vote, under the Constitution.
\nArticle 266
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe Armed Forces of Haiti have as their attributions:
\nto defend the country in case of war;
\nto protect the country against the menaces coming from abroad;
\nto assure the surveillance of the land, maritime and aerial frontiers;
\nto lend a strong hand on request motivated by the Executive Power, to the Police in the case that this latter cannot respond to it task;
\nto help the nation in the case of natural disaster;
\nin addition to the attributions that are particular to them, the Armed Forces of Haiti may be assigned to tasks of development.
\nArticle 267
\nMilitary personnel on active duty may not be appointed to any Government post, except temporarily to perform a specialized service.
\nArticle 267-1
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nAll 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.
\nArticle 267-2
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThe 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.
\nArticle 267-3
\n[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nMilitary 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.
\nArticle 267-4
\nMilitary 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.
\nArticle 267-5
\nThe State must award benefits to military personnel of all ranks, fully guaranteeing their physical security.
\nArticle 268
\nWithin 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.
\nMilitary service is compulsory for all Haitians who have attained eighteen (18) years of age.
\nThe law sets the method of recruitment, and the length and regulations for the performance of these services.
\nArticle 268-1
\nEvery 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.
\nArticle 268-2
\nPossession of a firearm must be reported to the police.
\nArticle 268-3
\nThe 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.
\nArticle 269
\nThe Police Force is an armed body.
\nIt operates under the Ministry of Justice.
\nArticle 269-1
\nIt is established to ensure law and order and protect the life and property of citizens.
\nIts organization and mode of operation are regulated by law.
\nArticle 270
\nThe Commander in Chief of the Police Forces is appointed, in accordance with the Constitution, for a three (3) year term, which is renewable.
\nArticle 271
\nAn Academy and a Police School have been established, whose organization and operations are set by law.
\nArticle 272
\nSpecialized sections, particularly the Penitentiary Administration, the Firemen\u2019s 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.
\nArticle 273
\nThe police, as an auxiliary of the Justice System, investigate violations, offenses and crimes committed, in order to discover and arrest the perpetrators of them.
\nArticle 274
\nIn the exercise of their duties, members of the \u201cPublic Forces\u201d are subject to civil and penal liability in the manner and under the conditions stipulated by the Constitution and by law.
\nNational and legal holidays shall be celebrated by the Government and private and commercial enterprises.
\nThe national holidays are:
\nIndependence Day, January 1;
\nHeroes\u2019 Day, January 2;
\nAgriculture and Labor Day, May 1;
\nFlag Day and University Day, May 18; and
\nThe commemoration of the Battle of Vertieres, which is also ARMED FORCES DAY, November 18.
\nLegal holidays shall be determined by law.
\nThe National Assembly may not ratify any international treaty, convention or agreement containing clauses contrary to this Constitution.
\nInternational treaties, conventions and agreements are ratified in the form of a decree.
\nOnce 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.
\nThe 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.
\nNo 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.
\nThe 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.
\nThe 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.
\nThe 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.
\nThe National Assembly shall be in session for the entire duration of the state of siege.
\nThirty (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.
\nThe 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.
\nNo 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.
\nIn 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.
\nOnly 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.
\nOn 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.
\nThis 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.
\nAt the first session of the following legislature period, the Chambers shall meet in a National Assembly and decide on the proposed amendment.
\nThe 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.
\nNo decision of the National Assembly may be taken without a majority of two- thirds (2/3) of the votes cast.
\nThe 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.
\nGeneral elections to amend the Constitution by referendum are strictly forbidden.
\nNo amendment to the Constitution may effect the democratic and republican nature of the State.
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nAwaiting 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:
\none for the Executive Power, who is not an official;
\none for the Episcopal Conference;
\none for the Advisory Council;
\none for the Supreme Court;
\none for agencies defending human rights, who may not be a candidate in the elections;
\none for the Council of the University;
\none for the Journalists Association;
\none for the Protestant religions;
\none for the National Council of Cooperatives.
\nWithin two weeks following ratification of this Constitution, the bodies or organizations concerned shall inform the Executive of the name of their representative.
\nIf any of the above bodies or organizations does not appoint a member, the Executive shall fill the vacancy or vacancies.
\nThe mission of the Provisional Electoral Council shall end when the President- elect takes office.
\nThe 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).
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\n[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nAt 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.
\nAll 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.
\n[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
\nThis 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.
\nGiven 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.
\n