Constitution of Haiti

Constitution of Haiti
Constitution name	Constitution of Haiti
Country	Haiti
Created	1987
Ratified	March 29, 1987
Date enacted	March 29, 1987

Constitution of Haiti. The Constitution of Haiti is the supreme law of Haiti, a country located on the island of Hispaniola in the Caribbean Sea, bordering the Dominican Republic. The current constitution was adopted on March 29, 1987, and has been amended several times, with the most recent amendment being in 2012, following the 2010 Haiti earthquake and the subsequent United Nations Stabilisation Mission in Haiti. The constitution is based on the principles of the French Revolution, including Liberty, Equality, Fraternity, and the United States Constitution, with influences from the Universal Declaration of Human Rights and the American Convention on Human Rights.

History of the Constitution

The history of the Haitian constitution dates back to the Haitian Revolution, led by Toussaint Louverture, Jean-Jacques Dessalines, and Boukman, which resulted in the country's independence from France in 1804. The first constitution was adopted in 1805, under the leadership of Jean-Jacques Dessalines, who became the first leader of independent Haiti. Since then, the country has had numerous constitutions, including those adopted in 1816, 1843, 1867, 1918, 1935, 1946, 1950, 1957, 1964, 1971, 1983, and 1987, with each reflecting the political and social changes of the time, including the influence of the United Nations, the Organization of American States, and the European Union. The current constitution was adopted during the presidency of Leslie Manigat, with the support of the United States Agency for International Development and the International Foundation for Electoral Systems.

Preamble and Fundamental Principles

The preamble of the Haitian constitution sets out the fundamental principles of the state, including the sovereignty of the people, the unity and indivisibility of the nation, and the principles of Liberty, Equality, Fraternity. The constitution also recognizes the importance of the Haitian Creole language and the French language, as well as the country's cultural heritage, including the influence of African culture, French culture, and indigenous peoples of the Americas. The fundamental principles of the constitution are based on the Universal Declaration of Human Rights, the American Convention on Human Rights, and the Inter-American Democratic Charter, with the aim of promoting democracy, human rights, and the rule of law in Haiti, in cooperation with the United Nations Development Programme and the Inter-American Commission on Human Rights.

Structure of the Government

The constitution establishes a presidential system of government, with a President of Haiti serving as head of state and a Prime Minister of Haiti serving as head of government. The National Assembly of Haiti is composed of the Senate of Haiti and the Chamber of Deputies of Haiti, with members elected by universal suffrage, using a system similar to that of the United States Congress and the National Assembly of France. The constitution also provides for an independent judiciary, with a Supreme Court of Haiti at its head, modeled after the Supreme Court of the United States and the Court of Cassation (France).

Human Rights and Freedoms

The constitution recognizes a wide range of human rights and freedoms, including the right to life, liberty, and security of person, as well as the right to freedom of speech, freedom of assembly, and freedom of association. The constitution also prohibits torture, slavery, and discrimination on the basis of race, sex, or religion, in accordance with the International Covenant on Civil and Political Rights and the Convention Against Torture. The constitution provides for the protection of the rights of women, children, and minorities, including the Haitian Creole language and the French language, with the support of the United Nations Children's Fund and the United Nations Entity for Gender Equality and the Empowerment of Women.

Amendments and Revisions

The constitution provides for a process of amendment and revision, which can be initiated by the President of Haiti, the National Assembly of Haiti, or a petition signed by at least 10% of the electorate. Any amendments or revisions must be approved by a two-thirds majority in both the Senate of Haiti and the Chamber of Deputies of Haiti, and then ratified by a national referendum, using a process similar to that of the United States Constitution and the Constitution of France. The constitution has been amended several times since its adoption in 1987, including in 1991, 1995, 2004, and 2012, with the aim of promoting democracy, human rights, and the rule of law in Haiti, in cooperation with the Organization of American States and the European Union.

Judicial Review and Interpretation

The Supreme Court of Haiti has the power of judicial review, and can declare laws and government actions unconstitutional, using a process similar to that of the Supreme Court of the United States and the Constitutional Council of France. The court can also interpret the constitution, and provide guidance on its application, in accordance with the Vienna Convention on the Law of Treaties and the American Convention on Human Rights. The constitution provides for the independence of the judiciary, and ensures that judges are appointed through a transparent and competitive process, with the support of the United Nations Development Programme and the International Commission of Jurists. The constitution also recognizes the importance of access to justice, and provides for the establishment of a judicial council to oversee the administration of justice in Haiti, in cooperation with the United Nations Office on Drugs and Crime and the International Bar Association.

Category:Constitutions