TITLE I. THE REPUBLIC OF HAITI ITS EMBLEM AND ITS SYMBOLS
CHAPTER I. THE REPUBLIC OF HAITI
CHAPTER II. TERRITORY OF THE HAITIAN REPUBLIC
TITLE II. HAITIAN NATIONALITY
TITLE III. BASIC RIGHTS AND DUTIES OF THE CITIZEN
CHAPTER I. THE NATURE OF CITIZENSHIP
CHAPTER II. BASIC RIGHTS
SECTION A. RIGHT TO LIFE AND HEALTH
ARTICLE 19
The State has the absolute obligation to guarantee the right to life, health, and respect of the human person for all citizens without distinction, in conformity with the Universal Declaration of the Rights of Man.
ARTICLE 20
The death penalty is abolished in all cases.
ARTICLE 21
The crime of high treason consists in bearing arms in a foreign army against the Republic, serving a foreign nation in a conflict with the Republic, in any official's stealing state property, intrusted to his management, or any violation of the Constitution by those responsible for enforcing it.
1
The crime of high treason is punishable by forced labor for life without commutation of sentence.
ARTICLE 22
The State recognizes the right of every citizen to decent housing, education, food and social security.
ARTICLE 23
The State has the obligation to ensure for all citizens in all territorial divisions appropriate means to ensure protection, maintenance and restoration of their health by establishing hospitals, health centers and dispensaries.
SECTION B. INDIVIDUAL LIBERTY
ARTICLE 24
Individual liberty is guaranteed and protected by the State.
1
No one may be prosecuted, arrested or detained except in the cases determined by law and in the manner it prescribes.
2
Except where the perpetrator of a crime is caught in the act, no one may be arrested or detained other than by written order of a legally competent official.
3
For such an order to be carried out, the following requirements must be met:
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
Any unnecessary force or restraint in the apprehension of a person or in keeping him under arrest, or any psychological pressure or physical brutality, especially during interrogation, is forbidden.
1
No one may be interrogated without his attorney or a witness of his choice being present.
ARTICLE 26
No one may be kept under arrest more than forty-eight (48) hours unless he has appeared before a judge asked to rule on the legality of the arrest and the judge has confirmed the arrest by a well-founded decision;
1
In the case of a petty violation, the accursed shall be referred to a justice of the peace, who shall then hand down a final decision.
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.
2
If the arrest is judged to be illegal, the judge shall order the immediate release of the arrested person and that order shall be enforceable immediately, regardless of any appeal to a higher court or the supreme court for an order forbidding enforcement of the judgment.
ARTICLE 27
Any violation of the provisions on individual liberty are arbitrary acts. Injured parties may, without prior authorization, appeal to the competent courts, to bring suit against the authors and perpetrators of these arbitrary acts, regardless of their rank or the body to which they belong.
1
Government officials and employees are directly liable under civil and administrative criminal law for acts carried out in violation of rights. In such cases, civil liability extends to the State as well.
SECTION C. FREEDOM OF EXPRESSION
ARTICLE 28
Every Haitian has the right to express his opinions freely on any matter by any means he chooses.
1
Journalists shall freely exercise their profession within the framework of the law. Such exercise may not be subject to any authorization or censorship, except in the case of war.
2
Journalists may not be compelled to reveal their sources. However, it is their duty to verify the authenticity and accuracy of information. It is also this obligation to respect the ethics of their profession.
3
All offenses involving the press and abuses of the right of expression come under the code of criminal law.
ARTICLE 29
The right of petition is recognized. It is exercised personally by one or more citizens but never in the name of a body.
1
All petitions to the Legislative Branch must give rise to the regulatory procedure for ruling upon their purpose.
SECTION D. FREEDOM OF CONSCIENCE
ARTICLE 30
All religions and faiths shall be freely exercised. Everyone is entitled to profess his religion and practice his faith, provided the exercise of that right does not disturb law and order.
1
No one may be compelled to belong to a religious organization or to follow a religious teaching contrary to his convictions.
2
The law establishes the conditions for recognition and practice of religions and faiths.
SECTION E. FREEDOM OF ASSEMBLY AND ASSOCIATION
SECTION F. EDUCATION AND TEACHING
SECTION G. FREEDOM TO WORK
SECTION H. PROPERTY
SECTION I. RIGHT TO INFORMATION
ARTICLE 40
The State has the obligation to publicize in the oral, written and televised press in the Creole and French languages all laws, orders, decrees, international agreements, treaties, and conventions on everything affecting the national life, except for information concerning national security.
SECTION J. RIGHT TO SECURITY
ARTICLE 43
No house search or seizure of papers may take place except under the terms of the law and in the manner prescribed by it.
ARTICLE 49
Freedom and privacy of correspondence and any other forms of communication are inviolable. They may be limited only by a well-founded judicial ruling, according to the guarantees by law.
CHAPTER III. DUTIES OF THE CITIZEN
ARTICLE 52
Citizenship entails civic duties. Every right is counterbalanced by a corresponding duty.
1
Civic duties are the citizen's moral, political, social and economic obligations as a hole to the State and the country. These obligations are:
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.
TITLE IV. ALIENS
TITLE V. NATIONAL SOVERIGNITY
CHAPTER I. TERRITORIAL DIVISIONS AND DECENTRALIZATION
SECTION A. COMMUNAL SECTIONS
SECTION B. COMMUNES
SECTION C. ARRONDISSEMENTS
SECTION E. DELEGATES AND VICE DELEGATES
SECTION F. INTERDEPARTMENTAL COUNCIL
CHAPTER II. THE LEGISLATIVE BRANCH
SECTION A. THE HOUSE OF DEPUTIES
SECTION B. THE SENATE
SECTION C. THE NATIONAL ASSEMBLY
SECTION D. EXERCISE OF LEGISLATIVE POWER
SECTION E. INCOMPATIBILITIES
CHAPTER III. THE EXECUTIVE BRANCH
SECTION A. THE PRESIDENT OF THE REPUBLIC
SECTION B. DUTIES OF THE PRESIDENT OF THE REPUBLIC
SECTION C. THE GOVERNMENT
SECTION D. POWERS OF THE PRIME MINISTER
SECTION E. THE MINISTERS AND SECRETARIES OF STATE
CHAPTER IV. THE JUDICIARY
CHAPTER V. THE HIGH COURT OF JUSTICE
TITLE VI. INDEPENDENT INSTITUTIONS
CHAPTER I. THE PERMANENT ELECTORAL COUNCIL
CHAPTER II. THE SUPERIOR COURT OF AUDITORS AND ADMINISTRATIVE DISPUTES
CHAPTER III. THE CONCILIATION COMMISSION
CHAPTER IV. PROTECTION OF CITIZENS
CHAPTER V. THE UNIVERSITY – THE ACADEMY – CULTURE
ARTICLE 208
Higher education is free. it is provided by the University of the Haitian State (Univertitè d'Etat d'HaYti), which is autonomous and by the superior public schools and the superior private schools accredited by the State.
TITLE VII. PUBLIC FINANCE
TITLE VIII. THE CIVIL SERVICE
TITLE XI.
CHAPTER I. ECONOMICS AND AGRICULTURE
CHAPTER II. THE ENVIRONMENT
TITLE X. THE FAMILY
TITLE XI. THE ARMED FORCES AND THE POLICE FORCE
CHAPTER I. THE ARMED FORCES
CHAPTER II. THE POLICE FORCES
TITLE XII. GENERAL PROVISIONS
TITTLE XIII. AMENDMENTS TO THE CONSTITUTION
TITTLE XIV. TEMPORARY PROVISIONS
TITTLE XV. FINAL PROVISIONS
ARTICLE 296
All Codes of Law or Handbooks of Justice, all laws, all decree laws and all decrees and orders (Arretès) curretly in force shall be maintained in all matters not contrary to this Constitution.
ARTICLE 297
All laws, all decree laws, all decrees arbitrarily limiting the basic rights and liberties of citizens, in particular:
a. The decree law of September 5, 1935 on superatitious beliefs;
b. The law of August 2, 1977 establishing the Court of State Security (Tribunal de la Suretè de l'Etat).
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.
ARTICLE 298
This Constitution shall be published within two weeks of its ratification by referendum. It shall enter into force as soon as it is published in the MONITEUR, the Official Gazette of the Republic.
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