TITLE VI. Independent Institutions
CHAPTER. The Constitutional Council
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
Article 190bis
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Constitutional Council is an organ charged to assure the constitutionality of the laws. It is the judge of the constitutionality of the law, of the regulations and of the administrative acts of the Executive Power. Its decisions are not susceptible to any recourse.
Article 190bis-1
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Constitutional Council is composed of nine (9) members, of which three (3) are designated by the Executive Power, three (3) by the National Assembly with the majority of two-thirds (2/3) of the members of each of the two Chambers, and three (3) by the Superior Council of the Judicial Power.
The Constitutional Council includes:
- three 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.
- three 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.
- three 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.
Article 190ter
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The President of the Republic proceeds to the appointment of the members of the Constitutional Council by Order taken in the Council of Ministers, in accordance with the previous Article.
Article 190ter-1
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
To be a member of the Constitutional Council one must:
- be Haitian of origin and not to hold any other nationality at the moment of the appointment;
be already forty (40) years of age on the day of the appointment; enjoy their civil and political rights and to never have been condemned to an afflictive and infamous penalty for crimes of common right; be the owner of a real property in Haiti or to exercise an industry or a profession there; reside in Haiti for (5) consecutive years prior to the date of the appointment; have been discharged from ones administration if one has been accountable for public monies; be of good morality and of great probity.
Article 190ter-2
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The duration of the mandate of the members of the Constitutional Council is of nine (9) years and is not renewable. The Constitutional Council renews itself by thirds every three (3) years.
The President of the Constitutional Council is elected by his peers for a duration of three (3) years. He has preponderant voice in case of a tie.
Article 190ter-3
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
In the case of vacancy in the Constitutional Council, the authority of designation provides the replacement for the time remaining to run within a time period of three (3) months.
Article 190ter-4
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The members of the Constitutional Council are irremovable during the duration of their mandate. They may not be prosecuted or arrested without the authorization of the Constitutional Council except in the case of flagrante delicto.
In this case, the President of the Constitutional Council and the President of the Court of Cassation must be referred to the matter immediately, at the latest within forty-eight (48) hours.
Article 190ter-5
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Constitutional Council sees to and decides when it is referred to a matter:
- on the constitutionality of the laws before their promulgation;
on the constitutionality of the internal regulations of the Senate and of the Chamber of Deputies before their implementation on the orders
For the same purposes, the laws in general may be referred to the Constitutional Council, before their promulgation, by the President of the Republic, the President of the Senate, the President of the Chamber of Deputies, a group of fifteen (15) Deputes or of (10) Senators.
The law determines the modalities of organization and of functioning of the Constitutional Council as well as the other entities enabled to refer a matter to it.
Article 190ter-6
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Constitutional Council must decide within the time period of one month after being referred to the matter of a text of ordinary law. This time period is of fifteen days for every law or every text concerning the fundamental rights and the public freedoms. Nevertheless, if there is urgency, at the request of the Government, of one-third of the Senate or of one-third of the Chamber of Deputies, this time period is reduced to eight days.
In these same cases, the referral to a matter of the Constitutional Council suspends the time period for promulgation.
Article 190ter-7
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Constitutional Council is called to decide on the conflicts which oppose the Executive Power and the Legislative Power or the two branches of the Legislative Power.
In the same way, it decides on the conflicts of attribution between the administrative tribunals, the electoral tribunals and the judicial tribunals.
Article 190ter-8
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
When on the occasion of a pending legal proceeding before a jurisdiction, an exception of unconstitutionality is raised, the Constitutional Council may be referred to the matter on remand from the Court of Cassation.
If the provision is declared unconstitutional, the Constitutional Council returns it to the Parliament which decides sovereignly on the case. The new provision is promulgated.
Article 190ter-9
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
A provision declared unconstitutional may not be promulgated or implemented.
Article 190ter-10
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
An organic law determines the organization and the functioning of the Constitutional Council, the procedure followed before it, notably the time periods for the referral of the disputes as well as the immunities and the disciplinary regime of its members.
CHAPTER I. The Permanent Electoral Council
Article 191
The Permanent Electoral Council is responsible for organizing and controlling with complete independence all electoral procedures throughout the territory of the Republic until the results of the election are announced.
Article 191-1
The Council also drafts the Electoral Bill that it submits to the Executive Power for the necessary purposes.
Article 191-2
The Council sees to it that the electoral lists are kept up-to-date.
Article 192
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The Permanent Electoral Council includes nine (9) members chosen as follows:
- three (3) by the Executive Power;
- three (3) by the Superior Council of the Judicial Power;
- three (3) by the National Assembly with a majority of 2/3 of each one of the two chambers.
Article 193
Members of the Permanent Electoral Council must:
- be native-born Haitians;
- have attained forty (40) years of age;
- enjoy civil and political rights and never have been sentenced to death, personal constraint or penal servitude or the loss of civil rights;
- have been relieved of their responsibilities if they have been handling public funds;
- have resided in the country at least three (3) years before their nomination.
Article 194
Members of the Permanent Electoral Council are appointed for a nine (9) year nonrenewable period. They may not be removed from office.
Article 194-1
One-third of the members of the Permanent Electoral Council are replaced every three (3) years. The President is chosen from among its members.
Article 194-2
Before taking office, the members of the Permanent Electoral Council take the following oath before the Supreme Court;
“I swear to respect the Constitution and the provisions of the Electoral Law and to discharge my duties with dignity, independence, impartiality and patriotism.”
Article 195
In the event of a serious offense committed in the discharge of their duties, the members of the Permanent Electoral Council are liable for prosecution before the High Court of Justice.
Article 195-1
The seat of the Permanent electoral Council is in the capital. Its jurisdiction extends throughout the territory of the Republic.
Article 196
Members of the Permanent electoral Council may not hold any other public post, nor may they be a candidate of an elective post during their term.
In the event of dismissal, a member of the Council must wait three (3) years before he may run for an elective post.
Article 197
The Permanent Electoral Council shall rule on all disputes arising either in elections or in the enforcement or the violation of the Electoral Law, subject to any legal prosecution undertaken against an offender or offenders before the courts of competent jurisdiction.
Article 198
In the event of a vacancy caused by a depth, resignation or any other reason, the member shall be replaced following the procedure established in Article 192 for the remainder of his term, taking into account the power of government that had designated the member to be replaced.
Article 199
The law determines the rules for organization and operation of the Permanent Electoral Council
CHAPTER II. The Superior Court of Auditors and Administrative Disputes
Article 200
The Superior Court of Auditors and Administrative Disputes is an independent and autonomous financial and administrative court. It is responsible for administrative and jurisdictional control of Government receipts and expenditures, verification of the accounts of the Government enterprises and of the territorial divisions.
Article 200-1
The Superior Court of Auditors and Administrative Disputes hears cases against the State and the territorial divisions, the Administration and Government officials, public services and citizens.
Article 200-2
Its decisions are not subject to appeal, except to the Supreme Court.
Article 200-3
The Supreme Court of Auditors and Administrative Disputes comprises two (2) sections:
- the Financial Control Section;
- the Administrative Disputes Section.
Article 200-4
The Superior Court of Auditors and Administrative Disputes participates in drawing up the budget and is consulted on all matters concerning legislation on public finances and on all draft financial or commercial contracts, agreements and conventions to which the State is a party. It has the right to conduct audits in all Government agencies.
Article 200-5
Members of the Superior Court of auditors and Administrative Disputes must:
- be Haitians and never have renounced their nationality;
- have attained thirty-five (35) years of age;
- have been relieved of their responsibilities of they have been handling public funds;
- have a Bachelor of Law degree, be a certified public accountant or hold an advanced degree in government administration, economics or public finance;
- have five (5) years-experience in public or private administration;
- enjoy civil and political rights.
Article 200-6
Candidates for membership on the Court shall submit their applications directly to the Office of the Senate of the Republic. The Senate elects the ten (10) members of the Court, who select the Court’s President and Vice President form among them.
Article 201
Court members have a ten (10) year term and may not be removed
Article 202
Before taking office, the members of the Superior Court of Auditors and Administrative disputes shall take the following oath before a section of the Supreme Court:
“I swear to respect the Constitution and the laws of the Republic, to discharge my duties properly and loyally and to conduct myself at all times with dignity”.
Article 203
Members of the Superior Court of Auditors and Administrative Disputes are under the jurisdiction of the High Court of Justice for any serious offenses committed in the discharge of their duties.
Article 204
The Superior Court of Auditors and Administrative Disputes shall submit each year to the Legislature within thirty (30) days following the opening of the first legislative session a complete report on the country’s financial situation and on the efficacy of Government expenditures.
Article 205
The organization of the above-mentioned court, its membership regulations and its mode of operation are established by law.
CHAPTER III. The Conciliation Commission
Article 206
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
Article 206-1
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
CHAPTER IV. Protection of Citizens
Article 207
An office known as the OFFICE OF CITIZEN PROTECTION is established to protect all individuals against any form of abuse by the government.
Article 207-1
The office is directed by a citizen bearing the title of PROTECTOR OF CITIZENS. He is chosen by consensus of the President of the Republic, the President of the Senate and the President of the Chamber of Deputies. His term is seven (7) years and may not be renewed.
Article 207-2
His intervention on behalf of any complainant is without charge, whatever the court having jurisdiction might be.
Article 207-2bis
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
In the exercise of its functions, it will pay a special attention to the complaints presented by women, particularly in that relating to the discriminations and the aggressions of which they may be victims notably in their work.
Article 207-3
A law sets the conditions and regulations for the operation of the Office of Citizen Protection.
CHAPTER V. The University – The Academy – Culture
Article 208
Higher education is free. it is provided by the University of the Haitian State (Univertite d’Etat d’Haiti), which is autonomous and by the superior public schools and the superior private schools accredited by the State.
Article 209
The State must finance the operation and development of the Haitian State University and the public superior schools. Their organization and their location must be planned from the perspective of regional development.
Article 210
The Establishment of research centers must be encouraged.
Article 211
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
A public organ is created responsible for the regulation and the control of quality of the superior education and of the scientific research throughout the territory. This organ exercises its control over all the public and non-public institutions working in these two domains. Each year, it publishes a report on the quality of the training and establishes a list of the performing institutions. The law determines the denomination, and establishes the mode of organization and the functioning of this organ.
Article 211-1
The universities and the private and public superior schools provide academic and practical instruction adapted to the trends and requirements of national development.
Article 212
An organic law regulates the establishment, location and operation of university and public and private superior schools in the country.
Article 213
A Haitian Academy shall be established to standardize the Creole language and enable it to develop scientifically and harmoniously.
Article 213-1
Other academies may be established.
Article 214
The title Academy Member is purely honorific.
Article 214-1
The law shall determine the mode of organization and operation of academies.
Article 215
Archaeological, historical, cultural, folklore and architectural treasures in the country, which bear witness to the grandeur of our past are part of the national heritage. Consequently, monuments, ruins, sites of our ancestors’ great feats of arms, famous centers of our African beliefs, and all vestiges of the past are placed under the protection of the State.
Article 216
The law determines special conditions for this protection in each sphere.
