TITLE V. National Sovereignty
Article 58
National sovereignty is vested in all citizens.
Citizens directly exercise the prerogatives of sovereignty by:
- electing the President of the Republic;
- electing members of the Legislature;
- electing members of all other bodies or all assemblies provided for by the Constitution and by law.
Article 59
Citizens delegate the exercise of national sovereignty to three (3) powers of government:
- the Legislative Power;
- the Executive Power;
- the Judicial Power.
The principle of separation of the three (3) powers is embodied in the Constitution.
Article 59-1
The three (3) powers constitute the essential foundation of the organization of the State, which is civil.
Article 60
Each power is independent of the other two (2) in the powers it exercises separately.
Article 60-1
None of them may, for any reason, delegate their powers in all or in part, nor go beyond the bounds set for them by the Constitution and by law.
Article 60-2
Each of the three (3) powers is entirely responsible for its own acts.
CHAPTER I. Territorial Divisions and Decentralization
Article 61
The territorial divisions are the Communal Sections, the Communes and the Departments.
Article 61-1
The law may create any other territorial division.
SECTION A. Communal Sections
Article 62
The Communal Section is the smallest administrative territorial entity of the Republic.
Article 63
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The administration of each communal section is assured by a council of three (3) members elected by universal suffrage for a term of four (4) years. They are indefinitely re-eligible. Its mode of organization and of functioning is regulated by the law.
Article 63-1
The Administrative Council of the Communal Section is assisted in its work by an Assembly of the Communal Section.
Article 64
The state is obligated to establish for each Communal Section the structures required for social, economic, civic and cultural training of its population.
Article 65
Members of the Administrative Council of the Communal Section must:
- be Haitians and be at least twenty-five (25) years of age;
- have resided in the Communal Section for two (2) years before the elections and continue to reside there:
- enjoy civil and political rights and never been sentenced to death, personal restraint or penal servitude or the loss of civil rights.
SECTION B. Communes
Article 66
Communes have administrative and financial autonomy. Each Commune of the Republic is administered by a Council, known as the Municipal Council, of three (3) members elected by universal suffrage.
Article 66-1
The President of the council is assisted in its work by a Municipal Assembly composed among others, of a representative of each of its Communal sections.
Article 67
The Municipal Council is assisted in its work by a Municipal Assembly composed, among others, of a representative of each of its Communal Sections.
Article 68
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The mandate of the Municipal Council is of four (4) years and its members are indefinitely re-eligible.
Article 69
The mode of organization and operation of the Commune and the Municipal Council are regulated by law.
Article 70
Members of a Municipal Council must:
- be Haitians;
- have attained twenty-five (25) years of age;
- enjoy civil and political rights;
- have never been sentenced to death, personal restraint or penal servitude or the loss of civil rights;
- have resided at least three (3) years in the Commune and undertake to reside there for the duration of their term.
Article 71
Each Municipal Council is assisted at its request by a Technical Council furnished by the Central Government.
Article 72
The Municipal Council may be dissolved for negligence, embezzlement, or maladministration, legally determined by a court of competent jurisdiction.
If it is dissolved, the Departmental Council shall immediately fill the vacancy and call upon the Permanent Electoral Council to elect, in sixty (60) days starting from the date the Council is dissolved, a new Council and shall manage the affairs of the Commune for the remainder of the term. This procedure also applies to vacancies occurring for any other reason.
Article 73
The Municipal Council manages its resources for the exclusive benefit of the Municipality and renders its accounts to the Municipal Assembly which in turn reports to the Departmental Council.
Article 74
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Municipal Council has the privilege of seeing to the management of the land assets of private domain of the State situated within the limits of the Commune by the competent services conforming to the law.
SECTION C. Arrondissements
Article 75
The Arrondissement is an administrative division that may comprise several Communes. Its organization and operations are governed by law.
SECTION D. Departments
Article 76
The Department is the largest territorial division. It comprises the Arrondissements.
Article 77
The Department has legal personality and is autonomous.
Article 78
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Each Department is administered by a council of three (3) members elected for four (4) years by the Departmental Assembly.
Article 79
Members of the Departmental Council are not necessarily drawn from the Assembly, but they must:
- be Haitians and at least twenty-five (25) years of age;
- have resided in the Department three (3) years before the elections and undertake to remain there during their term;
- enjoy civil and political rights and have never been sentenced to death, personal restraint, or penal servitude or the loss of civil rights.
Article 80
The departmental Council is assisted in its work by a Departmental Assembly made up of: One (1) representative from each Municipal Assembly.
Article 80-1
The following may attend Assembly meetings in an advisory capacity:
- deputies and Senators of the Department;
- one (1) representative of each socio-professional association or union;
- the Departmental Delegate;
- the Director of Public Services of the Department.
Article 81
The Departmental Council draws up the Department’s development plan in cooperation with the Central Government.
Article 82
The organization and operations of the Departmental Council and the Departmental Assembly are regulated by law.
Article 83
The Departmental Council manages its financial resources for the exclusive benefit of the Department and renders its accounts to the Departmental Assembly, which in turn reports to the Central Government.
Article 84
The Departmental Council may be dissolved in the event of embezzlement or maladministration legally determined by a court of competent jurisdiction.
If it is dissolved, the Central Government appoints a Provisional Commission and calls upon the Permanent Electoral Council to elect a new Council for the remainder of the term within sixty (60) days of the dissolution.
SECTION E. Delegates and Vice Delegates
Article 85
In each Departmental Capital, the Executive Power appoints a Representative, who bears the title of Delegate. A Vice Delegate placed under the authority of the Delegate is also appointed in each Arrondissement Capital.
Article 86
Delegates and Vice Delegates ensure coordination and control of public services and exercise no repressive police function.
Other duties of delegates and Vice Delegates are determined by law.
SECTION F. Interdepartmental Council
Article 87
The Executive is assisted by an Interdepartmental Council, the members of which are designated by the Departmental Assemblies on the basis of one (1) per Department.
Article 87-1
This Representative chosen from among the members of the Departmental Assemblies serves as liaison between the Department and the Executive Power.
Article 87-2
The interdepartmental Council, in concert with the executive, studies and plans projects for decentralization and development of the country from the social, economic, commercial, agricultural and industrial standpoint.
Article 87-3
It attends working meetings of the Council of Ministers, when they discuss subjects mentioned in the preceding paragraph and has the right to vote.
Article 87-4
Decentralization must be accompanied by deconcentration of public services with delegation of power and industrial decompartmentalization for the benefit of the departments.
Article 87-5
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The law determines the organization and the functioning of the Interdepartmental Council.
CHAPTER II. The Legislative Power
Article 88
Legislative power shall be vested in two (2) representative Chambers. One (1) Chamber of Deputies and one (1) Senate, comprising the Legislature or Parliament.
SECTION A. The Chamber of Deputies
Article 89
The Chamber of Deputies is a body composed of members elected by direct suffrage by the citizens and is responsible for exercising, on their behalf and in concert with the Senate, the functions of the legislative power.
Article 90
Each Municipal Authority comprises an electoral district and elects one (1) Deputy.
The law sets up to three (3) the number of Deputies at the level of large built-up areas.
Pending application of the above subparagraphs, the number of Deputies may not be fewer than seventy (70).
Article 90-1
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The election of the Deputy takes place on the last Sunday of October of the fourth year of his mandate. He is elected with the absolute majority of the suffrage expressed in the electoral assemblies through of the valid votes, in accordance with the electoral law.
Article 90-2
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
On the occasion of the elections, the candidate to the deputation who is the most favored at the first round not having obtained the absolute majority is declared the victor in the case where his total, in relation to his immediate pursuer, is equal or superior to twenty-five percent (25%).
Article 91
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
To be a member of the Chamber of Deputies, one must:
- be Haitian of origin, never to have renounced his nationality and not holding any other nationality at the moment of his inscription;
- be twenty-five (25) years of age;
- enjoy ones civil and political rights and to never have been condemned to a afflictive and infamous penalty for a crime of common law;
- have resided at least two (2) consecutive years preceding the date of the elections in the electoral circumscription to be represented;
- be the owner of real assets in the circumscription or to exercise a profession or an industry there.
- have received discharge, the case arising, from being a manager of public funds.
Article 92
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Deputies are elected for four (4) years and are indefinitely re-eligible.
Article 92-1
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
They enter into their functions the second Monday of January which follows their elections and sit in two (2) annual sessions. The duration of their mandate forms one legislature.
In the case where the elections cannot be determined before the second Monday of January, the deputies elected enter into their functions immediately after the validation of the ballot, and their mandate of four (4) years is considered to have commenced on the second Monday of January of the year of the entry into their functions.
Article 92-2
The first session runs from the second Monday of January to the second Monday of May; the second session, from the second Monday of June to the second Monday of September.
Article 92-3
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The renewal of the Chamber of Deputies is made completely every four (4) years.
Article 93
Beside the duties conferred upon it by the Constitution as a branch of the Legislature, the Chamber of Deputies has the duty of arraigning the Chief of State, the Prime Minister, the Ministers and the Secretaries of State before the High Court of Justice, by a majority of two-thirds (2/3) of this members. The other powers of the Chamber of Deputies are assigned by the Constitution and by law.
SECTION B. The Senate
Article 94
The Senate is a body composed of members elected by direct suffrage of the citizens and charged with exercising on their behalf, in concert with the Chamber of Deputies, the duties of the Legislative Power.
Article 94-1
The number of Senators is set at three (3) per Department.
Article 94-2
A Senator of Republic is elected by universal suffrage by an absolute majority of votes in the Primary Assemblies held in the geographic Departments, under the terms prescribed by the Electoral Law.
Article 94-3
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
On the occasion of the elections, the candidate to the Senate who is the most favored at the first round not having obtained the absolute majority is declared the victor in the case where his total, in relation to his immediate pursuer, is equal or superior to twenty-five percent (25%).
Article 95
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The senators are elected for six (6) years and are indefinitely re-eligible. They enter into their functions on the second Monday of January which follows their elections.
In the case where the elections cannot be determined before the second Monday of January, the senators elected enter into their functions immediately after the validation of the ballot, and their mandate of six (6) years is considered to have commenced on the second Monday of January of the year of the entry into their functions.
Article 95-1
The Senate is permanently session.
Article 95-2
The Senate may however adjourn, but not during the Legislative Section. When it adjourns, it leaves a permanent, committee charged with handling current business. The committee may not make any decisions, except to convene the Senate.
In emergencies, the Executive may also convene the Senate before the end of the adjournment period.
Article 95-3
One-third (1/3) of the Senate is replaced every two (2) years.
Article 96
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
To be elected Senator, one must:
- be Haitian of origin, never to have renounced his nationality and not holding any other nationality at the moment of his inscription;
- be thirty (30) years of age;
- enjoy ones civil and political rights and to never have been condemned to a afflictive and infamous penalty for a crime of common law;
- have resided in the Department to be represented at least three (3) consecutive years preceding the date of the elections;
- be the owner of real assets in the department or to exercise a profession or an industry there.
- have received discharge, the case arising, from being a manager of public funds.
Article 97
In addition to the responsibilities incumbent upon it as a branch of the Legislature, the Senate shall have the following powers:
- to propose to the Executive the list of Supreme Court (Cour de Cassation) justices according to the provisions of the Constitution;
- constitute itself as a High Court of Justice;
- exercise all other powers assigned to it by this Constitution and by law.
SECTION C. The National Assembly
Article 98
The meeting in a single Assembly of the two (2) branches of the Legislature constitutes the National Assembly.
Article 98-1
The National Assembly meets to open and close each session and in all cases provided for by the Constitution.
Article 98-2
The powers of the National Assembly are limited and may not be extended to matters other than those especially assigned to it by the Constitution.
Article 98-3
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The attributions of the National Assembly are:
- to receive the constitutional oath of the President of the Republic;
- to ratify any decision of declaration of war when all the attempts at conciliation have failed;
- to approve or to reject the international treaties and conventions;
- to amend the Constitution following the procedure which is indicated in it;
- to ratify the decision of the Executive to change the seat of government in the case determined by Article 1-1 of this Constitution;
- to 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;
- to participate in the formation of the Permanent Electoral Council in accordance with Article 192 of the Constitution.
- to participate in the appointment of a Provisional President, in accordance with Article 149 of the Constitution;
- to participate in the formation of the Constitutional Council, in accordance with Article 190bis-1 of the Constitution;;
- to receive, at the opening of each session, the assessment of the activities of the Government.
Article 99
The National Assembly is presided over by the President of the Senate, assisted by the President of the Chamber of Deputies acting as Vice President. The Secretaries of the Senate and the Chamber of Deputies are the Secretaries of the National Assembly.
Article 99-1
In the event the President of the Senate is unable to discharge his duties, the National Assembly shall be presided over by the President of the Chamber of Deputies, and the Vice President of the Senate shall then become Vice President of the National Assembly.
Article 99-2
In the event the two (2) Presidents are unable to discharge their duties, the two (2) Vice-Presidents shall replace them, respectively.
Article 100
Sessions of the National Assembly are public. However, they may be held in closed session at the request of five (5) members, and the resumption of public sessions shall then be decided by an absolute majority.
Article 101
In emergencies, when the Legislature is not in session, the Executive Power may call a special session of the National Assembly.
Article 102
The National Assembly may not meet or take decisions and pass resolutions without a majority of each of the two (2) Chambers being present.
Article 103
The Legislature has its seat in Port-au-Prince. However, depending on the circumstances, this seat may be transferred elsewhere to the same place and at the same time as that of the Executive Power.
SECTION D. Exercise of Legislative Power
Article 104
A session of the Legislature dates from the opening of the two (2) Chambers meeting as the National Assembly.
Article 105
In the interval between regular sessions and in emergencies, the President of the Republic may call a special session of the Legislature.
Article 106
The Chief of the Executive Power reports on that measure by a message.
Article 107
In the event the Legislature is convened in special session, it may not decide on any matter other than that for which it was called.
Article 107-1
However, any Senator or Deputy may introduce a matter of general interest in an Assembly of which he is a member.
Article 108
Each Chamber checks and validates the credentials of its members and is the final judge of any disputes that may arise in this regard.
Article 109
The members of each Chamber shall take the following oath:
“I swear to discharge my duties, to maintain and safeguard the rights of the people, and to be faithful to the Constitution”.
Article 110
Meetings of the two (2) Chambers are public. Each Chamber may meet in closed session at the request of five (5) members, and the decision to resume public meetings shall then be taken by a majority vote.
Article 111
The Legislature takes the laws on all matters of public interest.
Article 111-1
Laws may be initiated by each of the two (2) Chambers as well as by the Executive Power.
Article 111-2
However, only the Executive Power may initiate budget laws, laws concerning the assessment, percentage and manner of collecting taxes and contributions, and laws designed to generate revenues or to increase revenues and expenditures of the Government, Bills introduced on these matters must be voted on first by the Chamber of Deputies.
Article 111-3
In the event of disagreement between the two (2) Chambers regarding the laws mentioned in the preceding paragraph, each Chamber shall appoint, by voting on a list of an equal number of members, a parliamentary committee that will make a final decision on the disagreement.
Article 111-4
If a disagreement occurs with regard to any other law, a decision on it will be postponed until the following session. If, at that session, and even in the case of replacement of the Chambers no agreement is reached on the law when it is introduced again, each Chamber shall appoint, by taking a vote on a list of an equal number of members, a parliamentary committee to decide on the final text that will be submitted to the two (2) Assemblies, beginning with the one that originally voted on the law. If these additional deliberations produce no result, the Bill or proposed law will be withdrawn.
Article 111-5
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
Article 111-6
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
Article 111-7
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
Article 111-8
In no case may the Chamber of Deputies or the Senate be dissolved or adjourned, nor shall the terms of their members be extended.
Article 112
Each Chamber shall, in accordance with its regulations appoint its staff, establish discipline for them and determine the manner in which they shall perform their duties.
Article 112-1
Each Chamber may impose on its members for reprehensible conduct, by a two thirds (2/3) majority vote, disciplinary penalties, except for expulsion.
Article 113
Any member of the Legislature shall be disqualified as a Deputy or Senator, if, during his term, he has received a final sentence by a court of regular law, which renders him ineligible to serve.
Article 114
Members of the Legislature are inviolable form the day the take oath up to the expiration of their term, subject to the provisions of Article 115 below.
Article 114-1
They may at no time be prosecuted or attacked for the opinions and votes cast by them in the discharge of their duties.
Article 114-2
No member of the Legislature shall be subject to civil imprisonment during his term of office.
Article 115
No member of the Legislature may during his term be arrested under ordinary law for a crime, a minor offense or a petty violation, except by authorization of the Chamber of which he is a member, unless he is apprehended in the act of committing an offense punishable by death, personal restraint or penal servitude or the loss of civil rights. In that case, the matter is referred to the Chamber of Deputies or the Senate without delay of the Legislature is in session, and if not, it shall be taken up the next regular or special session.
Article 116
Neither of the two (2) Chambers may sit nor take action without the presence of a majority of its members.
Article 117
All acts of the Legislature must be approved by a majority of the members present, unless otherwise stipulated in this Constitution.
Article 118
Each Chamber has the right to investigate matters brought before it.
Article 119
All bills must be voted on article by article.
Article 119-1
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Executive Power can solicit the benefit of urgency on the vote of a bill of law.
In the case where the solicited benefit of urgency is obtained, the bill of law is voted article by article, all other matters ceasing.
Article 120
Each Chamber has the right to amend and to divide articles and amendments proposed. Amendments voted on by one Chamber may be part of a bill only after it has been voted on by the other Chamber in the same form and in identical terms. No bill shall become a law until it has been voted on in the same form by the two (2) Chambers.
Article 120-1
Any bill may be withdrawn from discussion so long as it has not been finally voted upon.
Article 121
Any bill passed by the Legislature shall be immediately forwarded to the President of the Republic, who, before promulgation it, has the right to make objections to it in all or in part.
Article 121-1
In such cases, the President of the Republic send back the bill with his objections to the Chamber where it was originally passed, If the bill is amended by that house, it is sent to the other Chambers with the objections.
Article 121-2
If the bill thus amended is voted on by the second Chamber, it will be sent back to the President of the Republic for promulgation.
Article 121-3
If the objection are rejected by the Chamber that originally passed the bill, it shall be returned to the other Chamber with the objections.
Article 121-4
If the second Chamber also votes to reject it, the bill is sent back to the President of the Republic, who must then promulgate it.
Article 121-5
Rejection of the objection is voted on by either Chamber by the majority stipulated in Article 117. In such cases, the votes of each Chamber shall be taken by secret ballot.
Article 121-6
If in either Chamber the Majority stipulated in the preceding paragraph is not obtained for the rejection, the objections are accepted.
Article 122
The right of objection must be exercised within eight (8) full days starting with the date of the receipt of the bill by the President of the Republic.
Article 123
If within the prescribed deadline, the President of the Republic has made expiration, the bill must be promulgated unless the session of the Legislature has ended before exploration of the deadline, in which case, the bill is deferred. At the opening of the following session, the bill thus deferred is sent to the President of the Republic to exercise his right of objection.
Article 124
A bill rejected by one of the two (2) Chambers may not be introduced again in the same session.
Article 125
Bills and other acts of the Legislature and the National Assembly shall enter into force with their promulgation and their publication in the Official Gazette (Journal Officiel) of the Republic.
Article 125-1
Bills shall be numbered and included in the printed and numbered bulletin entitled BULLETIN OF LAWS AND ACTS.
Article 126
The bill is dated on the day of it final adoption by the two (2) Chambers.
Article 127
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
No one may present petitions in person to the tribune of the Legislative Power. Any petition addressed to the Legislative Power must give rise to a regulatory procedure that permits deciding on its object.
Article 128
Only the Legislature Power has the authority to interpret laws, which it does by passing a law.
Article 129
Each member of the Legislature receives a monthly stipend from the time he takes oath.
Article 129-1
Service as a member of the Legislature is incompatible with any other duty remunerated by the State, except that of teacher.
Article 129-2
Every member of the two (2) Chambers has the right to question and interpellate a member of the Government or the entire Government on events and acts of the Administration.
Article 129-3
As interpellation request must be seconded by five (5) members of the body concerned. It becomes a vote of confidence or of censure when passed by a majority of that body.
Article 129-4
When the interpellation request ends in a votes of censure on a question concerning a Government program or declaration of general policy, the Prime Minister must submit his Government’s resignation to the President of the Republic.
Article 129-5
The president must accept that resignation and appoint new Prime Minister, pursuant to the provisions of this Constitution.
Article 129-6
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Legislative Power may not take, as it concerns the Prime Minister, more than one vote of censure per year.
Any Prime Minister having obtained a vote of confidence may only be interpellated in a time of six (6) months after this vote of confidence.
The defeat of a motion of censure, submitted to the vote of the two Chambers, as it concerns the Prime Minister, is equivalent to a vote of confidence.
Article 130
In the case of the death, resignation, disqualification, judicial interdiction, or acceptance of a duty incompatible with that of a member of the Legislature, the Deputy or Senator shall be replaced in his Electoral District for only the remainder of his term by a by-election called by the Primary Electoral Assembly to be conducted by the Permanent Electoral Council in the month he vacancy occurs.
Article 130-1
The election shall take place within thirty (30) days after convocation of the Primary Assembly, pursuant to the Constitution.
Article 130-2
The same procedure shall apply in the absence of an election or in the event that elections are declared null and void by the Permanent Electoral Council in one or more Electoral Districts.
Article 130-3
However, if the vacancy occurs during the last regular session of the Legislature or after that session, a by-election may not be held.
SECTION E. Incompatibilities
Article 131
The following may not be elected members of the Legislature:
- government concessionnaires or contractors for the performance of public services;
- representatives or agents of Government contractors or concessionnaires, or companies or corporations that have Government concessions or contracts;
- Delegates, Vice Delegates, judges, and officers of the Public Prosecutor’s Office whose duties have not terminated six (6) months before the date set for the elections;
- any person who comes under the other cases of ineligibility stipulates by this Constitution and by law.
Article 132
Members of the Executive Power and the Director Generals of Government departments may not be elected members of the Legislature unless they resign at least one (1) year before the date of the elections.
CHAPTER III. The Executive Power
Article 133
The Executive power is vested in:
- the President of the Republic, who is the Head of State.
- the Government, which is headed by a Prime Minister.
SECTION A. The President of the Republic
Article 134
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The President of the Republic is elected by direct, universal suffrage by the absolute majority of voters, established from the valid votes in accordance with the electoral law. If this majority is not obtained at the first round, it proceeds to a second round. Only the two (2) candidates can be presented who, the case arising, after the withdrawal of more favored candidates, who are determined to have received the greatest number of votes in the first round.
Article 134bis
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
On the occasion of the elections, the candidate to the Presidency the most favored at the first round not having obtained the absolute majority is declared the victor in the case where his total, in relation to his immediate pursuer, is equal or superior to twenty-five percent (25%).
Article 134-1
The term of the President is five (5) years. This term begins and ends on the February 7 following the date of the elections.
Article 134-2
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The presidential election takes place on the last Sunday of October of the fifth year of the presidential mandate.
The president elected enters into his functions on 7 February following the date of his election. In the case where the ballot cannot take place before 7 February, the president elected enters into his functions immediately after the validation of the ballot and his mandate is considered to have commenced on 7 February of the year of the election.
Article 134-3
The President of the Republic may not be re-elected. He may serve an additional term only after an interval of five (5) years. He may in no case run for a third term.
Article 135
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
To be President of the Republic of Haiti, one must:
- be Haitian of origin and never to have renounced his Haitian nationality and not holding any other nationality at the moment of his inscription;
- be thirty-five (35) years of age on the day of the elections;
- enjoy ones civil and political rights and to never have been condemned to a afflictive and infamous penalty for a crime of common law;
- be the owner of real assets at the least and have a habitual residence in the country
- have resided in the country for five (5) consecutive years at least before the date of the elections;
- have received discharge from his management if one has been accountable for public monies.
Article 135-1
Before taking office, the President of the Republic shall take the following oath before the National Assembly: “I swear before God and the Nation faithfully to observe and enforce the Constitution and the laws of the Republic, to respect and cause to be respected the rights of the Haitian people, to work for the greatness of the country, and to maintain the nation’s independence and the integrity of its territory”.
SECTION B. Duties of the President of the Republic
Article 136
The President of the Republic, who is the Head of State, shall see to the respect for and enforcement of the Constitution and the stability of the institutions. He shall ensure the regular operations of the public authorities and the continuity of the State.
Article 137
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The President of the Republic chooses a Prime Minister from among the members of the Party having the absolute majority in the Parliament. The majority is established on the basis of the electoral results of those elected in each of the two Chambers. In default of this majority, the President of the Republic chooses the Prime Minister in consultation with the President of the Senate and that of the Chamber of Deputies.
Article 137-1
The President of the Republic shall terminate the duties of the Prime Minister upon the letter’s submission of the Government’s resignation.
Article 138
The President of the Republic is the guarantor of the nation’s independence and the integrity of its territory.
Article 139
He shall negotiate and sign all international treaties, conventions and agreements and submit them to the National Assembly for ratification.
Article 139-1
He shall accredit ambassadors and special envoys to foreign powers, receive letters of accreditation from ambassadors of foreign powers and issued exequatur to consuls.
Article 140
He declares war, and negotiates and signs peace treaties with the approval of the National Assembly.
Article 141
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The President of the Republic, appoints, after deliberation in the Council of Ministers, following approval of the Senate, the commander-in-chief of the Armed Forces of Haiti, the commander-in-chief of the National Police, the Ambassadors and Consuls General and the councils of administration of the autonomous organs.
Article 142
By a decree issued in the Council of Ministers, the President of the Republic appoints the directors general of the civil service, and delegates and vice delegates of Departments and Arrondissements.
He also appoints, with the approval of the Senate, Administrative Councils of Autonomous Agencies.
Article 143
The President of the Republic is the nominal head of the armed forces, but he never commands them in person.
Article 144
He has the seal of the Republic affixed to all laws and promulgates them within deadline stipulated by the Constitution. Before the expiration of that deadline, he may avail himself of his right of objection.
Article 145
He sees to the enforcement of judicial decisions, pursuant to the law.
Article 146
The President of the Republic has the right to perform and commute sentences in all res judicata cases, except for sentences handed down by the High Court of Justice as stipulated in this Constitution.
Article 147
He may grant amnesty only for political matters as stipulated by law.
Article 148
If the President finds it temporarily impossible to discharge his duties the Executive Authority shall be vested in the Council of Ministers under the Presidency of the Prime Minister, so long as the disability continues.
Article 149
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
In case of vacancy of the Presidency of the Republic either by resignation, dismissal, death or in case of physical or mental permanent incapacity duly declared, the Council of Ministers, under the presidency of the Prime Minister, exercises the Executive Power until the election of another President.
In this case, the ballot for the election of the new President of the Republic for the time that remains to complete the mandate takes place sixty (60) days at least and one hundred twenty (120) days at most after the beginning of the vacancy, in accordance with the Constitution and the electoral law.
In the case where the vacancy is produced from the fourth year of the presidential mandate, the National Assembly meets of office within the sixty (60) days which follow the vacancy to elect a new Provisional President of the Republic for the tine that remains to complete the mandate.
Article 149-1
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
This President is reputed to have completed one presidential mandate.
Article 149-2
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
No procedure of interpellation of the Government may be initiated during the periods of temporary disability of the President of the Republic or of presidential vacancy. In the case where one such procedure has been initiated before the period, it is suspended.
Article 150
The President of the republic shall have no powers other than those accorded to him by the Constitution.
Article 151
At the opening of each annual session of the Legislature, the President of the Republic shall deliver a message to the Legislature on the State of the Nation. This message may not be debated.
Article 152
The President of the Republic shall receive a monthly salary from the Public Treasury upon taking the oath of office.
Article 153
The President of the Republic shall have his official residence in the National Palace, in the capital city, unless the seat of the Executive Power is moved.
Article 154
The President of the Republic presides over the Council of Ministers.
SECTION C. The Government
Article 155
The Government is composed of the Prime Minister, the Ministers and Secretaries of State. The Prime Minister is the head of the Government.
Article 156
The Government conducts the policy of the Nation. It is responsible before Parliament under the terms stipulated by the Constitution.
Article 157
To be appointed Prime Minister, a person must:
- be a native-born Haitian, and never have renounced Haitian nationality;
- have attained thirty (30) years of age;
- enjoy civil and political rights and never have been sentenced to death, personal restraint or penal servitude or the loss of civil rights;
- own real property in Haiti and practice a profession there;
- have resided in the county for five (5) consecutive years;
- have been relieved of his responsibilities if he has been handling public funds.
SECTION D. Powers of The Prime Minister
Article 158
With the approval of the President, the Prime Minister shall choose the members of his Cabinet of Ministers and shall go before Parliament to obtain a vote of confidence on his declaration of general policy. The vote shall be taken in open ballot, and an absolute majority of both Chambers is required.
In the event of a vote of no-confidence by one of the two (2) Chambers, the procedure shall be repeated.
Article 159
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Prime Minister executes the laws. In case of absence, the temporary disability of the President of the Republic or on his demand, the Prime minister presides over the Council of Ministers. He has the Regulatory Power, but he may never suspend, or interpret the laws, acts and decrees, or refrain from executing them.
His regulatory power is exercised by Order of the Prime Minister.
Article 159-1
In concert with the President of the Republic, he is responsible for national defense.
Article 160
The Prime Minister appoints and dismisses directly or by delegation Government officials, according to the provisions of the Constitution and the law on the general regulations for Government operations.
Article 161
The Prime Minister and the Ministers may appear before the two (2) Chambers to support bills and the objections of the President of the Republic and to reply to interpellation.
Article 162
Acts of the Prime Minister are countersigned, if need by the Ministers responsible for enforcing them. The Prime Ministers may be assigned a Ministerial portfolio.
Article 163
The Prime Minister and the Ministers are jointly responsible for the acts of the President of the Republic and of their ministers that they countersign. They are also responsible for enforcement of the laws in the areas of their competence.
Article 164
The duties of the Prime Minister and of a member of the Government are incompatible with membership in the Parliament. If such a case occurs, the member of Parliament must choose one duty or the other.
Article 165
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
In case of resignation of the Prime Minister, the Government remains in place to expedite current affairs until the assumption of the functions by his successor.
In case of permanent incapacity duly declared of the Prime Minister or of his resignation from the post for personal reasons, the President will choose an Interim Prime Minister from among the members of the ministerial cabinet while attending to the formation of a new Government within a time period not passing thirty (30) days.
SECTION E. The Ministers and Secretaries of State
Article 166
The President of the Republic presides over the Council of Ministers. The number of Ministers may be no fewer than ten (10).
When he deems it necessary, the Prime Minister may appoints Secretaries of State to the Ministers.
Article 167
The number of Ministers is set by law.
Article 168
Holding a ministerial post is incompatible with the exercise of all other public employment, except for higher education.
Article 169
Ministers are responsible for the acts of the Prime Minister that they countersign. They are jointly responsible for enforcement of the laws.
Article 169-1
In no case may an oral or written order of the President of the Republic or of the Prime Minister release Ministers from the responsibilities of their office.
Article 170
The Prime Minister, the Ministers and the Secretaries of State receive monthly salaries established by the Budgetary law.
Article 171
Ministers appoint certain categories of Government employees by delegation of the Prime Minister, according to the conditions set by the law on Government operations.
Article 172
When one of the two (2) Chambers during an interpellation calls into question the responsibility of a Minister by a vote of censure passed by an absolute majority of its members, the Executive shall recall the Minister.
Article 172-1
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
To be appointed Minister, one must:
- be 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;
- be thirty (30) years old;
- enjoy one’s civil and political rights and to never have been condemned to a afflictive and infamous penalty;
- have received discharge from his management if one has been accountable for public monies.
CHAPTER IV. The Judicial Power
Article 173
The Judicial Power shall be vested in the Supreme Court (Cour de Cassation), the Courts of Appeal, Courts of First Instance, Courts of Peace and special courts, whose number, composition, organization, operation and jurisdiction are set by law.
Article 173-1
Civil rights cases are exclusively the competence of the courts.
Article 173-2
No court and no jurisdiction in disputed matters may be established except by law. No special court may be established under any name whatever.
Article 174
Judges of the Supreme Court and the Courts of Appeal are appointed for ten (10) years. Judges of the Courts of First Instance are appointed for seven (7) years. Their term begins at the time they take their oath of office.
Article 175
Supreme Court justices are appointed by the President of the Republic form a list submitted by the Senate of three (3) persons per court seat. Judges of the Courts of Appeal and Courts of First Instance are appointed from a list submitted by the Departmental Assembly concerned; Justices of the Peace are appointed from a list draw up by the Communal Assemblies.
Article 176
The law regulates the conditions required for serving as a judge at any level. A School of the Magistrature shall be established.
Article 177
Judges of the Supreme Court, the Courts of Appeal and the Courts of First Instance are appointed for life. They may be removed from office only because of a legally determined abuse of authority or be suspended following and indictment leveled against them. They may not be reassigned, without their consent, even in the case of a promotion. Their service may be terminated during their term of office only in the event of a duly determined permanent physical or mental incapacity.
Article 178
The Supreme Court does not try cases on their merits. Nevertheless, in all cases other than those submitted to a jury, when a case between the same parties is tried upon second appeal, even with an incidental plea of defense, the Supreme Court, accepting the appeal, shall not remand the case to a lower court but shall rule on the merits, sitting as a full court.
Article 178-1
However, in the case of appeals from temporary restraining orders or orders of examining magistrates, grants of appeal pronounced in connection with such orders or from final sentences of the Peace Courts or decisions of special courts, the Supreme Court, admitting the appeal, shall pronounce a decision without remanding the case.
Article 179
The duties of a judge are incompatible with any other salaried duties, except for education.
Article 180
Court proceedings are public. However, they may take place in closed session in the interest of public order and good morals, at the decision of the Court.
Article 180-1
Sentences may not be delivered in closed session in cases of political offenses or offenses involving the press.
Article 181
All order or judgments shall state the grounds for the decision and shall be handed down in a public hearing.
Article 181-1
Orders or judgments are delivered and executed in the name of the Republic, They shall include writs of execution to officers of the Public Prosecutor’s Office and agents of the police and armed forces. Acts of notaries shall be put in the same form when their compulsory execution is involved.
Article 182
The Supreme court rules on conflicts of jurisdiction, in the manner regulated by law.
Article 182-1
The Supreme Court rules on both fact and law in all cases of decisions handed down by military courts.
Article 183
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
Article 183-1
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
Article 183-2
The Courts shall apply Government decrees and regulations only insofar as they are in conformity with the law.
Article 184
The law determines the jurisdiction of the courts and tribunals, and regulates the manner of proceedings before them.
Article 184-1
The law also provides for disciplinary penalties to be taken against judges and officers of the Public Prosecutor’s Office, except for Supreme Court Justices, who are under the jurisdiction of the High Court of Justice for abuse of authority.
Article 184-2
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The administration and the control of the Judicial Power are entrusted to a Superior Council of the Judicial Power which exercises over the magistrates a right of surveillance and of discipline, and which has at its disposal a general power of information and of recommendation on the state of the magistrature.
The conditions of organization and of functioning of the Superior Council of the Judicial Power are established by the law.
CHAPTER V. The High Court of Justice
Article 185
The Senate may constitute itself as a High Court of Justice. the proceedings of this Court are presided over by the President of the Senate, assisted by the President and Vice President of the Supreme Court as Vice President and Secretary, respectively, except where the Justices of the Supreme Court and officers of the public Prosecutor’s Office assigned to that court are involved in the accusation, in which case, the Senators, one of whom shall be designated by the accused, and the Senators so appointed shall not be entitled to vote.
Article 186
The Chamber of Deputies, by a majority of two-thirds (2/3) of its members, shall indict:
- the President of the Republic for the crime of high treason or any other crime or offense committed in the discharge of his duties;
- the 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;
- members 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;
- Supreme Court justices and officer of the Public Prosecutor’s Office before the Court for abuse of authority;
- the Protector of Citizens (Protecteur du citoyen).
Article 187
Members of the High Court of Justice serve on an individual bases, and no opening proceedings, take the following oath;
“I swear before God and before the Nation to judge with the impartiality and the firmness appropriate to an honest and free man, according to my conscience and my deep-seated conviction”.
Article 188
The High Court of Justice shall designate, by secret ballot and an absolute majority of votes, from among its members a Committee of Enquiry.
Article 188-1
The decision in the form of a decree shall be handed down on the report of the Committee of Enquiry by a two-thirds (2/3) majority of the members of the High Court of Justice.
Article 189
The High Court of Justice shall not sit unless a majority of two-thirds (2/3) of its members are present.
Article 189-1
The Court may not impose any other penalties than dismissal, disqualification or deprivation of the right or exercise any public office for no less than five (5) years and no more than fifteen (15) years.
Article 189-2
However, the convicted person may be brought before ordinary courts, in accordance with the law, if there is reason to impose other penalties or to rule on the institution of civil action.
Article 190
Once a case is brought before the High Court of Justice, the Court must sit until it renders its verdict, regardless of the length of the sessions of the Legislature.
