La République d'Haïti / Republic of Haiti

1987 Constitution de la République d'Haïti

1987 Constitution of the Republic of Haiti

Dernière actualisation

Last updated: July 9, 2011

1987 CONSTITUTION OF HAITI ------------------------------------------- PREAMBLE

The Haitian people proclaim this constitution in order to:

Ensure their inalienable and imprescriptible rights to life, liberty and the pursuit of happiness; in conformity with the Act of Independence of 1804 and the Universal Declaration of the Rights of Man of 1948.

Constitute a socially just, economically free, and politically independent Haitian nation.

Establish a strong and stable State, capable of protecting the country's values, traditions, sovereignty, independence and national vision.

Implant democracy, which entails ideological pluralism and political rotation and affirm the inviolable rights of the Haitian people.

Strengthen national unity by eliminating all discrimination between the urban and rural populations, by accepting the community of languages and culture and by recognizing the right to progress, information, education, health, employment and leisure for all citizens.

Ensure the separation and the harmonious distribution of the powers of the State at the service of the fundamental interests and priorities of the Nation.

Set up a system of government based on fundamental liberties, and the respect for human rights, social peace, economic equity, concerted action and participation of all the people in major decisions affecting the life of a nation, through effective decentralization.

TITLE I

The Republic of Haiti

Its emblem and its symbols

CHAPTER I

The Republic of Haiti

FIRST ARTICLE:

FIRST ARTICLE-1:

ARTICLE 2:

ARTICLE 3:

a. Two (2) equal sized horizontal bands: a blue one on top and a red one underneath;

b. The 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

ARTICLE 4:

ARTICLE 4-1:

ARTICLE 5:

ARTICLE 6:

ARTICLE 7:

ARTICLE 7-1:

CHAPTER II

Territory of the Haitian Republic

ARTICLE 8:

a. The western part of the island of Haiti and the adjacent island of la Geneva, La Tortue, I'Ile à Vache, les Cayemittes, La Navase, La Grande Caye and the other islands of the Territorial Sea;

b)It 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;

c. The air space over the land sea of the Republic.

ARTICLE 8-1:

ARTICLE 9:

ARTICLE 9-1:

TITLE II

Haitian Nationality

ARTICLE 10:

ARTICLE 11:

ARTICLE 12:

ARTICLE 12-1:

ARTICLE 12-2:

ARTICLE 13:

a. Naturalization in a foreign country;

b. Holding a political post in the service of a foreign country;

c. Continuous residence abroad of a naturalized Haitian without duly granted authorization by a competent official. Anyone who loses his nationality in this manner may not reacquire it.

ARTICLE 14:

ARTICLE 15:

TITLE III

Basic Rights and Duties of the Citizen

CHAPTER I

The Nature of the Citizenship

ARTICLE 16:

ARTICLE 16-1:

ARTICLE 16-2:

ARTICLE 17:

ARTICLE 18:

CHAPTER II

Basic Rights

SECTION A

Right to life and Health

ARTICLE 19:

ARTICLE 20:

ARTICLE 21:

ARTICLE 21-1:

ARTICLE 22:

ARTICLE 23:

SECTION B

Individual Liberty

ARTICLE 24:

ARTICLE 24-1:

ARTICLE 24-2:

ARTICLE 24-3:

a. It 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.

b. Legal notice must be given and a copy of the order must be left with the accused at the time of its execution;

c. The 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;

d. Except 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.

e. Responsibility for an offense is personal, and no one may be arrested in the place of another.

ARTICLE 25:

ARTICLE 25-1:

ARTICLE 26:

ARTICLE 26-1:

In the case for more serious offenses or crimes, an appeal may be filed, without prior permission, simply by addressing a petition to the presiding judge of the competent civil court, who, on the basis of the oral statement of the prosecutor, shall rule on the legality of the arrest and detention, in a special session of the court, without postponement or rotation of judges, all other cases being suspended.

ARTICLE 26-2:

ARTICLE 27:

ARTICLE 27-1:

SECTION C

Freedom of Expression

ARTICLE 28:

ARTICLE 28-1:

ARTICLE 28-2:

ARTICLE 28-3:

ARTICLE 29:

ARTICLE 29-1:

SECTION D

Freedom of Conscience

ARTICLE 30:

ARTICLE 30-1:

ARTICLE 30-2:

SECTION E

Freedom of Aassenbly and Association

ARTICLE 31:

ARTICLE 31-1:

ARTICLE 31-2:

ARTICLE 31-3:

SECTION F

Education aaand Teaching

ARTICLE 32:

ARTICLE 32-1:

ARTICLE 32-2:

ARTICLE 32-3:

ARTICLE 32-4:

ARTICLE 32-5:

ARTICLE 32-6:

ARTICLE 32-7:

ARTICLE 32-8:

ARTICLE 32-9:

ARTICLE 32-10:

ARTICLE 33:

ARTICLE 34:

ARTICLE 34-1:

SECTION G

Freedom to Work

ARTICLE 35:

ARTICLE 35-1:

ARTICLE 35-2:

ARTICLE 35-3:

ARTICLE 35-4:

ARTICLE 35-5:

ARTICLE 35-6:

SECTION H

Property

ARTICLE 36:

ARTICLE 36-1:

If the initial project is abandoned, the expropriation is canceled. The property may not be subject to any speculation and must be restored to its original owner without any reimbursement for the small holder. the expropriation measure is effective upon the startup of the project.

ARTICLE 36-2:

No one may be deprived of his legitimate right of ownership other than by a final judgment by a court of ordinary law, except under an agrarian reform.

ARTICLE 36-3:

ARTICLE 36-4:

ARTICLE 36-5:

ARTICLE 36-6:

ARTICLE 37:

ARTICLE 38:

ARTICLE 39:

SECTION I

Right to Information

ARTICLE 40:

SECTION J

Right to Security

ARTICLE 41:

ARTICLE 41-1:

ARTICLE 42:

ARTICLE 42-1:

ARTICLE 42-2:

a. In the case of violation by military personnel of regulations in the Manual of Military Justice;

b. In the case of conflicts between members of the armed forces;

c. In the case of war.

ARTICLE 42-3:

ARTICLE 43:

ARTICLE 44:

ARTICLE 44-1:

ARTICLE 45:

ARTICLE 46:

ARTICLE 47:

ARTICLE 48:

ARTICLE 49:

ARTICLE 50:

ARTICLE 51:

CHAPTER III

Duties of the Citizen

ARTICLE 52:

ARTICLE 52-1:

a. To respect the Constitution and the national emblem;

b. To respect the laws;

c. To vote in elections without constraint;

d. To pay his taxes;

e. To serve on a jury;

f. To defend the country in the event of war;

g. To educate and improve himself;

h. To respect and protect the environment;

i. To respect scrupulously the revenues and properties of the State;

j. To respect the property of others;

k. To work to maintain peace;

l. To provide assistance to persons in danger;

m. To respect the rights and freedom of others.

ARTICLE 52-2:

ARTICLE 52-3:

TITLE IV

Aliens

ARTICLE 53:

ARTICLE 54:

ARTICLE 54-1:

ARTICLE 55:

ARTICLE 55-1:

ARTICLE 55-2:

ARTICLE 55-3:

ARTICLE 55-4:

ARTICLE 55-5:

ARTICLE 56:

ARTICLE 57:

TITLE V

National Sovereignty

ARTICLE 58:

Citizens directly exercise the prerogatives of sovereignty by:

a. Electing the President of the Republic;

b. Electing members of the Legislature;

c. Electing members of all other bodies or all assemblies provided for by the Constitution and by law.

ARTICLE 59:

1. The Legislative Branch;

2. The Executive Branch;

3. The Judicial Branch.

The principle of separation of the Three (3) branches is embodied in the Constitution.

ARTICLE 59-1:

ARTICLE 60:

ARTICLE 60-1:

ARTICLE 60-2:

CHAPTER I

Territorial Divisions And Decentralization

ARTICLE 61:

ARTICLE 61-1:

SECTION A

Communal Sections

ARTICLE 62:

ARTICLE 63:

Their mode of organization and operation is regulated by law.

ARTICLE 63-1:

ARTICLE 64:

ARTICLE 65:

a. Be Haitians and be at least twenty-five (25) years of age;

b. Have resided in the Communal Section for two (2) years before the elections and continue to reside there:

c. 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:

ARTICLE 66-1:

ARTICLE 67:

ARTICLE 68:

ARTICLE 69:

ARTICLE 70:

a. Be Haitians;

b. Have attained twenty-five (25) years of age;

c. Enjoy civil and political rights;

d. Have never been sentenced to death, personal restraint or penal servitude or the loss of civil rights;

e. Have resided at least three (3) years in the Commune and undertake to reside there for the duration of their term.

ARTICLE 71:

ARTICLE 72:

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:

ARTICLE 74:

SECTION C

Arrondissements

ARTICLE 75:

SECTION D

DEPARTMENTS

ARTICLE 76:

ARTICLE 77:

ARTICLE 78:

ARTICLE 79:

a. Be Haitians and at least twenty-five (25) years of age;

b. Have resided in the Department three (3) years before the elections and undertake to remain there during their term;

c. Enjoy civil and political rights and have newer been sentenced to death, personal restraint, or penal servitude or the loss of civil rights.

ARTICLE 80:

One (1) representative form each Municipal Assembly.

ARTICLE 80-1:

a. Deputies and Senators of the Department;

b. One (1) representative of each socie-professional association or union;

c. The Departmental Delegate;

d. The Director of Public Services of the Department.

ARTICLE 81:

ARTICLE 82:

ARTICLE 83:

ARTICLE 84:

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 Presidents

ARTICLE 85:

ARTICLE 86:

Other duties of delegates and Vice Delegates are determined by law.

SECTION F

Interdepartamental Council

ARTICLE 87:

ARTICLE 87-1:

ARTICLE 87-2:

ARTICLE 87-3:

ARTICLE 87-4:

ARTICLE 87-5:

CHAPTER II

The Legislative Branch

ARTICLE 88:

SECTION A

The House of Deputies

ARTICLE 89:

ARTICLE 90:

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:

ARTICLE 91:

1. Be a native Haitian and have never renounced his nationality;

2. Have attained twenty-five (25) years of age;

3. Enjoy civil and political rights and never have been sentenced to death, personal restraint or penal servitude or the loss of civil rights for any crime of ordinary law;

4. Have resided at least two (2) consecutive years prior to the date of the elections in the electoral district he is to represent;

5. Own at least one real property in the district and practice a profession or trade;

6. Have been relieved, if need be, of his responsibilities as a manager of public funds.

ARTICLE 92:

ARTICLE 92-1:

ARTICLE 92-2:

ARTICLE 92-3:

ARTICLE 93:

SECTION B

The Senate

ARTICLE 94:

ARTICLE 94-1:

ARTICLE 94-2:

ARTICLE 95:

ARTICLE 95-1:

ARTICLE 95-2:

In emergencies, the Executive may also convene the Senate before the end of the adjournment period.

ARTICLE 95-3:

ARTICLE 96:

1. Be a native-born Haitian and never have renounced his nationality;

2. Have attained thirty (30) years of age;

3. Enjoy civil and political rights and never have been sentenced to death, personal restraint or penal servitude or the loss of civil rights for a crime of ordinary law;

4. Have resided in the Department he will represent, at least four (4) consecutive years prior to the date of the elections;

5. Own at least one (1) real property in the Department and practice a profession or trade there;

6. Have been relieved, if need be, of his responsibilities as a manager of public funds.

ARTICLE 97:

1. To propose to the Executive the list of Supreme Court (Cour de Cassation) justices according to the provisions of the Constitution;

2. Constitute itself as a High Court of Justice;

3. Exercise all other powers assigned to it by this Constitution and by law.

SECTION C

The National Assembly

ARTICLE 98:

ARTICLE 98-1:

ARTICLE 98-2:

ARTICLE 98-3:

1. To receive the constitutional oath of the President of the Republic;

2. To ratify any decision to declare war when all efforts at conciliation have failed;

3. To approve or reject international treaties and conventions;

4. To amend the Constitution according to the procedure indicated herein;

5. To ratify decisions of the Executive to move the seat of the Government in cases determined by the first article of this Constitution;

6. To decide on when a state of siege shall be declared, to order with the Executive that Constitutional guarantees shall be suspended, and to decide on any request to renew that measure;

7. To contribute to selecting members of the Permanent Electoral Council, pursuant to article 92 of this Constitution;

8. To receive at the opening of each session the report on the Government's activities.

ARTICLE 99:

ARTICLE 99-1:

ARTICLE 99-2:

ARTICLE 100:

ARTICLE 101:

ARTICLE 102:

ARTICLE 103:

SECTION D

Exercise of Legislative Power

ARTICLE 104:

ARTICLE 105:

ARTICLE 106:

ARTICLE 107:

ARTICLE 107-1:

ARTICLE 108:

ARTICLE 109:

"I swear to discharge my duties, to maintain and safeguard the rights of the people, and to be faithful to the Constitution".

ARTICLE 110:

ARTICLE 111:

ARTICLE 111-1:

ARTICLE 111-2:

ARTICLE 111-3:

ARTICLE 111-4:

ARTICLE 111-5:

ARTICLE 111-6:

ARTICLE 111-7:

ARTICLE 111-8:

ARTICLE 112:

ARTICLE 112-1:

ARTICLE 113:

ARTICLE 114:

ARTICLE 114-1:

ARTICLE 114-2:

ARTICLE 115:

ARTICLE 116:

ARTICLE 117:

ARTICLE 118:

ARTICLE 119:

ARTICLE 120:

ARTICLE 120-2:

ARTICLE 121:

ARTICLE 121-1:

ARTICLE 121-2:

ARTICLE 121-3:

ARTICLE 121-4:

ARTICLE 121-5:

ARTICLE 121-6:

ARTICLE 122:

ARTICLE 123:

ARTICLE 124:

ARTICLE 125:

ARTICLE 125-1:

ARTICLE 126:

ARTICLE 127:

ARTICLE 128:

ARTICLE 129:

ARTICLE 129-1:

ARTICLE 129-2:

ARTICLE 129-3:

ARTICLE 129-4:

ARTICLE 129-5:

ARTICLE 129-6:

ARTICLE 130:

ARTICLE 130-1:

ARTICLE 130-2:

ARTICLE 130-3:

SECTION E

Incompatibilities

ARTICLE 131:

1. Government concessionnaires or contractors for the performance of public services;

2. Representatives or agents of Government contractors or concessionnaires, or companies or corporations that have Government concessions or contracts;

3. Delegated, 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;

4. Any person who comes under the other cases of ineligibility stipulates by this Constitution and by law.

ARTICLE 132:

CHAPTER III

The Executive Branch

ARTICLE 133:

a. The President of the Republic, who is the Head of State.

b. The Government, which is headed by a Prime Minister.

SECTION A

The President of the Republic

ARTICLE 134:

Only the two (2) candidates who, if such be the case, after the withdrawal of more favored candidates, have received the largest number of votes in the first election may run in the second election.

ARTICLE 134-1:

ARTICLE 134-2:

ARTICLE 134-3:

ARTICLE 135:

a. Be a native-born Haitian and never have renounced Haitian nationality;

b. Have attained thirty-five (35) years of age by the election day;

c. Enjoy civil and political rights and never have been sentenced to death, personal restraint or penal servitude or the loss of civil rights for a crime of ordinary law;

d. Be the owner in Haiti of at least one real property and have his habitual residence in the country;

e. Have resided in the country for five (5) consecutive years before the date of the elections;

f. Have been relieved of this responsibilities if he has been handling public funds.

ARTICLE 135-1:

SECTION B

Duties of the President of the Republic

ARTICLE 136:

ARTICLE 137:

In either case, the President's choice must be ratified by the Parliament.

ARTICLE 137-1:

ARTICLE 138:

ARTICLE 139:

ARTICLE 139-1:

ARTICLE 140:

ARTICLE 141:

ARTICLE 142:

He also appoints, with the approval of the Senate, Administrative Councils of Autonomous Agencies.

ARTICLE 143:

ARTICLE 144:

ARTICLE 145:

ARTICLE 146:

ARTICLE 147:

ARTICLE 148:

ARTICLE 149:

ARTICLE 149-1:

ARTICLE 150:

ARTICLE 151:

ARTICLE 152:

ARTICLE 153:

ARTICLE 154:

SECTION C

The Government

ARTICLE 155:

ARTICLE 156:

ARTICLE 157:

1. Be a native-born Haitian, and never have renounced Haitian nationality;

2. Have attained thirty (30) years of age;

3. Enjoy civil and political rights and never have been sentenced to death, personal restraint or penal servitude or the loss of civil rights;

4. Own real property in Haiti and practice a profession there;

5. Have resided in the county for five (5) consecutive years;

6. Have been relieved of his responsibilities if he has been handling public funds.

SECTION D

Powers of The Prime Minister

ARTICLE 158:

In the event of a vote of nonconfidence by one of the two (2) Houses, the procedure shall be repeated.

ARTICLE 159:

ARTICLE 159-1:

ARTICLE 160:

ARTICLE 161:

ARTICLE 162:

ARTICLE 163:

ARTICLE 164:

ARTICLE 165:

SECTION E

The Ministers and Secretaries of State

ARTICLE 166:

When he deems it necessary, the Prime Minister may appoints Secretaries of State to the Ministers.

ARTICLE 167:

ARTICLE 168:

ARTICLE 169:

ARTICLE 169-1:

ARTICLE 170:

ARTICLE 171:

ARTICLE 172:

CHAPTER IV

The Judiciary

ARTICLE 173:

ARTICLE 173-1:

ARTICLE 173-2:

ARTICLE 174:

ARTICLE 175:

ARTICLE 176:

ARTICLE 177:

ARTICLE 178:

ARTICLE 178-1:

ARTICLE 179:

ARTICLE 180:

ARTICLE 180-1:

ARTICLE 181:

ARTICLE 181-1:

ARTICLE 182:

ARTICLE 183:

ARTICLE 183-1:

ARTICLE 183-2:

ARTICLE 184:

ARTICLE 184-1:

CHAPTER V

The High Court of Justice

ARTICLE 185:

ARTICLE 186:

a. The President of the Republic for the crime of high treason or any other crime or offense committed in the discharge of his duties;

b. 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;

c. 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;

d. Supreme Court justices and officer of the Public Prosecutor's Office before the Court for abuse of authority;

e. The Protector of Citizens (Protecteur du citoyen).

ARTICLE 187:

"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:

ARTICLE 188-1:

ARTICLE 189:

ARTICLE 189-1:

ARTICLE 189-2:

ARTICLE 190:

TITLE VI

Independent Institutions

CHAPTER I

The Permanent Electoral Council

ARTICLE 191:

ARTICLE 191-1:

ARTICLE 191-2:

ARTICLE 192:

3 are chosen by the Executive Branch;

3 are chosen by the Supreme Court;

3 are chosen by the National Assembly.

The above-mentioned organs see to it as far as possible that each of the Departments are represented.

ARTICLE 193:

1. Be native-born Haitians;

2. Have attained forty (40) years of age;

3. Enjoy civil and political rights and never have been sentenced to death, personal constraint or penal servitude or the loss of civil rights;

4. Have been relieved of their responsibilities if they have been handling public funds;

5. Have resided in the country at least three (3) years before their nomination.

ARTICLE 194:

ARTICLE 194-1:

ARTICLE 194-2:

"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:

ARTICLE 195-1:

ARTICLE 196:

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:

ARTICLE 198:

ARTICLE 199:

CHAPTER II

The Superior Court of Auditors and Administrative Disputes

ARTICLE 200:

ARTICLE 200-1:

ARTICLE 200-2:

ARTICLE 200-3:

1. The Financial Control Section

2. The Administrative Disputes Section.

ARTICLE 200-4:

ARTICLE 200-5:

a. Be Haitians and never have renounced their nationality;

b. Have attained thirty-five (35) years of age;

c. Have been relieved of their responsibilities of they have been handling public funds;

d. Have a Bachelor of Law degree, be a certified public accountant or hold an advanced degree in government administration, economics or public finance;

e. Have five (5) years experience in public or private administration;

f. Enjoy civil and political rights.

ARTICLE 200-6:

ARTICLE 201:

ARTICLE 202:

"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:

ARTICLE 204:

ARTICLE 205:

CHAPTER III

The Conciliation Comission

ARTICLE 206:

a. The President of the Supreme Court - President;

b. The President of the Senate - Vice President;

c. The President of the House of Deputies - Member;

d. The President of the Permanent Electoral Council - Member;

e . The Vice President of the Permanent electoral Council - Member;

f. Two (2) members designated by the President of the Republic - Member.

ARTICLE 206-1:

CHAPTER IV

Protection of Citizens

ARTICLE 207:

ARTICLE 207-1:

ARTICLE 207-2:

ARTICLE 207-3:

CHAPTER V

The UniversityY - The Academy - Culture

ARTICLE 208:

ARTICLE 209:

ARTICLE 210:

ARTICLE 211:

ARTICLE 211-1:

ARTICLE 212:

ARTICLE 213:

ARTICLE 213-1:

ARTICLE 214:

ARTICLE 214-1:

ARTICLE 215:

ARTICLE 216:

TITLE VII

PUBLIC FINANCE

ARTICLE 217:

ARTICLE 218:

ARTICLE 219:

No tax exemption, increase, decrease or elimination may be established except by law.

ARTICLE 220:

ARTICLE 221:

ARTICLE 222:

ARTICLE 223:

ARTICLE 224:

ARTICLE 225:

ARTICLE 226:

ARTICLE 227:

ARTICLE 227-1:

ARTICLE 227-2:

ARTICLE 227-3:

ARTICLE 227-4:

ARTICLE 228:

a. The statement of receipts and expenditures of the Government for the preceding year, or years;

b. The Government General Budget containing the rough estimates and the portion of funds allocated to each Ministry of the year.

ARTICLE 228-1:

ARTICLE 228-2:

ARTICLE 229:

ARTICLE 230:

ARTICLE 231:

ARTICLE 231-1:

ARTICLE 232:

ARTICLE 233:

This Committee may engage the services of specialists to assist it with its monitoring functions.

TITLE VIII

The Civil Service

ARTICLE 234:

ARTICLE 235:

ARTICLE 236:

ARTICLE 236-1:

ARTICLE 236-2:

ARTICLE 237:

ARTICLE 238:

ARTICLE 239:

ARTICLE 240:

ARTICLE 241:

ARTICLE 242:

ARTICLE 243:

ARTICLE 244:

TITLE XI

CHAPTER I

Economics and Agriculture

ARTICLE 245:

The State shall protect private enterprises and shall endeavor to see that it develops under the conditions necessary to increase the national wealth in such a way as to ensure the participation of the largest possible number of persons in the benefits of this wealth.

ARTICLE 246:

ARTICLE 247:

ARTICLE 248:

ARTICLE 248-1:

ARTICLE 249:

ARTICLE 250:

ARTICLE 251:

ARTICLE 252:

CHAPTER II

The Environment

ARTICLE 253:

ARTICLE 254:

ARTICLE 255:

ARTICLE 256:

ARTICLE 257:

ARTICLE 258:

TITLE X

The Family

ARTICLE 259:

ARTICLE 260:

ARTICLE 261:

ARTICLE 262:

TITLE XI

The Armed Forces and the Police Force

ARTICLE 263:

a. The Armed Forces of Haiti, and

b. The Police Forces.

ARTICLE 263-1:

ARTICLE 263-2:

CHAPTER I

The Armed Forces

ARTICLE 264:

The Haitian Armed Forces are set up to ensure the security and integrity of the territory of the Republic.

ARTICLE 264-1:

ARTICLE 264-2:

ARTICLE 264-3:

ARTICLE 265:

ARTICLE 265-1:

ARTICLE 266:

a. Defend the country in the event of war;

b. Protect the country against threats from abroad;

c. See to surveillance of the land, sea and air boundaries;

d. At the well-founded request of the Executive, they may land assistance to the police when the latter are unable to handle a situation;

e. Assist the Nation in the event of a natural disaster;

f. In addition to their regular duties, the Armed Forces may be assigned to development work.

ARTICLE 267:

ARTICLE 267-1:

ARTICLE 267-2:

ARTICLE 267-3:

They may not be discharged, placed on inactive service, placed on half pay, or retired early except with their consent. If such consent is not given, the party concerned may lodge an appeal with the court of competent jurisdiction.

ARTICLE 267-4:

ARTICLE 267-5:

ARTICLE 268:

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:

ARTICLE 268-2:

ARTICLE 268-3:

CHAPTER II

The Police Forces

ARTICLE 269:

It operates under the Ministry of Justice.

ARTICLE 269-1:

Its organization and mode of operation are regulated by law.

ARTICLE 270:

ARTICLE 271:

ARTICLE 272:

ARTICLE 273:

ARTICLE 274:

CHAPTER XII

General Provisions

ARTICLE 275:

ARTICLE 275-1:

1. Independence Day, January 1;

2. Heroes' Day, january 2;

3. Agriculture and Labor Day, May 1;

4. Flag Day and University Day, may 18; and

5. Battle of Vertières'õ Day, which is also ARMED FORCES DAY, November 18.

ARTICLE 275-2:

ARTICLE 276:

ARTICLE 276-1:

ARTICLE 276-2:

ARTICLE 277:

ARTICLE 278:

ARTICLE 278-1:

ARTICLE 278-2:

ARTICLE 278-3:

ARTICLE 278-4:

ARTICLE 279:

ARTICLE 279-1:

ARTICLE 280:

ARTICLE 281:

ARTICLE 281-1:

TITLE XIII

Amendments to the Constitution

ARTICLE 282:

ARTICLE 281-1:

ARTICLE 283:

ARTICLE 284:

ARTICLE 284-1:

ARTICLE 284-2:

ARTICLE 284-3:

ARTICLE 284-4:

TITLE XIV

Temporary Provisions

ARTICLE 285:

ARTICLE 285-1:

ARTICLE 286:

ARTICLE 287:

ARTICLE 288:

a. The Senator who has received the largest number of votes shall have a term of six (6) years;

b. The Senator receiving the second largest number of votes shall have a term of four (4) years;

c. The Senator in third place shall be elected for two (2) years.

Following this each elected Senator shall have a term of six (6) years.

ARTICLE 289:

1. One for the Executive Branch, who is not an official;

2. One for the Episcopal Conference;

3. One for the Advisory Council;

4. One for the Supreme Court;

5. One for agencies defending human rights, who may not be a candidate in the elections;

6. One for the Council of the University;

7. One for the Journalists Association;

8. One for the Protestant religions;

9. One for the National Council of Cooperatives.

ARTICLE 289-1:

ARTICLE 289-2:

ARTICLE 289-3:

ARTICLE 290:

ARTICLE 291:

a. Any person well known for having been by his excess zeal one of the architects of the dictatorship and of its maintenance during the last twenty-nine (29) years;

b. Any accountant of public funds during the years of the dictatorship concerning whom there is presumptive evidence of unjustified again;

c. Any person denounced by public outcry for having inflicted torture on political prisoners or for having committed political assassinations.

ARTICLE 292:

ARTICLE 293:

ARTICLE 293-1:

In such cases, the procedure shall be expedited as for emergency matters, and the decision may be appealed only to the Supreme Court.

ARTICLE 294:

ARTICLE 295:

TITLE XV

Final Provisions

ARTICLE 296:

ARTICLE 297:

a. The decree law of September 5, 1935 on supertitious beliefs;

b. The law of August 2, 1977 establishing the Court of State Security (Tribunal de la Sureté de l'État).

c. The law of July 28, 1975 placing the lands of the Artibonite Valley in a special status;

d. The law of April 29, 1969 condemning all imported doctrines;

Are and shall remain repealed.

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ARTICLE 298:

Given at the Legislative Palace, in Port-au-Prince, the seat of the Constituent National Assembly, on March 10, 1987, in the One Hundred Eighty-Fourth Year of Independence.