TITLE XI. The Armed Forces and the Police Force
Article 263
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Public Force is composed of two (2) distinct corps:
- the Armed Forces of Haiti;
- the National Police of Haiti.
Article 263-1
No other armed corps may exist in the national territory.
Article 263-2
All members of the police and armed forces shall take an oath of allegiance and respect for the Constitution and the flag at the time of their enlistment.
CHAPTER I. The Armed Forces
Article 264
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Armed Forces of Haiti include the Forces of the Land, of the Sea, of the Air and the technical services.
The Armed Forces of Haiti are constituted to guaranty the defense and the integrity of the territory of the Republic.
Article 264-1
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Armed Forces of Haiti are effectively commanded by an Officer General having as a title Commander-in-Chief.
Article 264-2
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Commander-in-Chief of the Armed Forces of Haiti, in accordance with the Constitution, is chosen from among the officers general on active service.
Article 264-3
His term is set at three (3) years and is renewable.
Article 265
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Armed Forces of Haiti are apolitical. Their members may not be part of a group or of a political party and they must observe the strictest neutrality.
Article 265-1
Members of the Armed Forces exercise their right to vote, under the Constitution.
Article 266
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Armed Forces of Haiti have as their attributions:
- to defend the country in case of war;
- to protect the country against the menaces coming from abroad;
- to assure the surveillance of the land, maritime and aerial frontiers;
- to 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;
- to help the nation in the case of natural disaster;
- in addition to the attributions that are particular to them, the Armed Forces of Haiti may be assigned to tasks of development.
Article 267
Military personnel on active duty may not be appointed to any Government post, except temporarily to perform a specialized service.
Article 267-1
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
All military personnel on active service, to stand as a candidate to an elective function, must obtain their retirement or their resignation two (2) years before the elections.
Article 267-2
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The military career is a profession. It is hierarchical. The conditions of employment, the ranks, promotions, dismissals, retirements, are determined by the regulations of the Armed Forces of Haiti.
Article 267-3
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Military personnel are only justiciable by a military court for the misdemeanors and crimes committed in time of war or for the infractions arising in the military discipline.
Article 267-4
Military personnel retain for life the last rank obtained in the Haitian Armed Forces. They may be deprived of their rank only by a final judgment by a court of competent jurisdiction.
Article 267-5
The State must award benefits to military personnel of all ranks, fully guaranteeing their physical security.
Article 268
Within the framework of compulsory civilian national services for both sexes, provided for by Article 52-3 of the Constitution, the Armed Forces participate in organizing and supervising that service.
Military service is compulsory for all Haitians who have attained eighteen (18) years of age.
The law sets the method of recruitment, and the length and regulations for the performance of these services.
Article 268-1
Every citizen has the right to armed self-defense, within the bounds of this domicile, but has no right to bear arms without express well-founded authorization from the Chief of Police.
Article 268-2
Possession of a firearm must be reported to the police.
Article 268-3
The Armed Forces have a monopoly on the manufacture, import, export, use and possession of weapon of war and their munitions, as well as war material.
CHAPTER II. The Police Forces
Article 269
The Police Force is an armed body.
It operates under the Ministry of Justice.
Article 269-1
It is established to ensure law and order and protect the life and property of citizens.
Its organization and mode of operation are regulated by law.
Article 270
The Commander in Chief of the Police Forces is appointed, in accordance with the Constitution, for a three (3) year term, which is renewable.
Article 271
An Academy and a Police School have been established, whose organization and operations are set by law.
Article 272
Specialized sections, particularly the Penitentiary Administration, the Firemen’s Service, the Traffic Police, the Highway Police, Criminal Investigations, the Narcotics Service and the Anti-Smuggling Service, have been established by the law governing the organization, operation and location of the Police Forces.
Article 273
The police, as an auxiliary of the Justice System, investigate violations, offenses and crimes committed, in order to discover and arrest the perpetrators of them.
Article 274
In the exercise of their duties, members of the “Public Forces” are subject to civil and penal liability in the manner and under the conditions stipulated by the Constitution and by law.
