Constitution of Haïti
Encyclopedia
The Constitution of Haiti most commonly refers to the present-day Constitution of Haiti
, which was modeled after those of the United States
and of France
. The document was ratified in March 1987, but it was completely suspended from June 1988 to March 1989 and was only fully reinstated in October 1994. The recent elections of February 8, 2006
to elect a new President
were held in accordance with the electoral stipulations of this same constitution.
, who had become the leader of the revolutionary forces in the Haitian Revolution
.
Haiti
Haiti , officially the Republic of Haiti , is a Caribbean country. It occupies the western, smaller portion of the island of Hispaniola, in the Greater Antillean archipelago, which it shares with the Dominican Republic. Ayiti was the indigenous Taíno or Amerindian name for the island...
, which was modeled after those of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and of France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
. The document was ratified in March 1987, but it was completely suspended from June 1988 to March 1989 and was only fully reinstated in October 1994. The recent elections of February 8, 2006
Haitian elections, 2006
The 2006 elections in Haiti, to replace the interim government of Gérard Latortue put in place after the 2004 Haiti rebellion, were delayed four times after having been originally scheduled for October and November 2005. The elections finally took place on February 7, 2006, with turnout of around 60%...
to elect a new President
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
were held in accordance with the electoral stipulations of this same constitution.
History
A total of 23 constitutions have been promulgated throughout Haïti's history, the first of which was promulgated under the short-lived government of then-Governor-General Toussaint L'OuvertureToussaint L'Ouverture
François-Dominique Toussaint Louverture , also Toussaint Bréda, Toussaint-Louverture was the leader of the Haitian Revolution. His military genius and political acumen led to the establishment of the independent black state of Haiti, transforming an entire society of slaves into a free,...
, who had become the leader of the revolutionary forces in the Haitian Revolution
Haitian Revolution
The Haitian Revolution was a period of conflict in the French colony of Saint-Domingue, which culminated in the elimination of slavery there and the founding of the Haitian republic...
.
- Constitution of Saint-Domingue (1801). Established Toussaint as Governor for Life and gave him the right to select his successor (future governors would be limited to 5 year terms.) Provided a mechanism to overthrow any governor avoiding election. Abolished slavery and racial restrictions on employment, but upheld fermage, leases, and restrictions on movement. Estates abandoned by their owners during the revolutionHaitian RevolutionThe Haitian Revolution was a period of conflict in the French colony of Saint-Domingue, which culminated in the elimination of slavery there and the founding of the Haitian republic...
to be held and operated in trust by the government, but not nationalized. Banned free assembly, all religions other than Catholicism, divorce, and any imports in competition with local manufactures. - Constitution of 1804
- Constitution of Hayti (1805). First constitution of Haiti proper. Created a non-hereditary empire under DessalinesJean-Jacques DessalinesJean-Jacques Dessalines was a leader of the Haitian Revolution and the first ruler of an independent Haiti under the 1801 constitution. Initially regarded as Governor-General, Dessalines later named himself Emperor Jacques I of Haiti...
. This constitution provided for freedom of religionFreedom of religionFreedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
, banned most whites from citizenship or owning land in Haiti, and declared all citizens "black" in an effort to end racismRacismRacism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
based on lightness of skin. - Constitution of 1806, for the southern Republic of Haiti, written largely by Alexandre PétionAlexandre PétionAlexandre Sabès Pétion was President of the Republic of Haiti from 1806 until his death. He is considered as one of Haiti's founding fathers, together with Toussaint Louverture, Jean-Jacques Dessalines, and his rival Henri Christophe.-Early life:Pétion was born in Port-au-Prince to a Haitian...
. - Constitution of 1807 formalized a northern State of Haiti with ChristopheHenri ChristopheHenri Christophe was a key leader in the Haitian Revolution, winning independence from France in 1804. On 17 February 1807, after the creation of a separate nation in the north, Christophe was elected President of the State of Haiti...
as its President for Life and a small appointed Council of State, composed primarily of generals. Banned divorce and public exercise of any religion other than Catholicism, and suspended operation of the constitution at any location attended by the army. Unusual in its omission of any prohibition against white ownership of land. - Constitution of 1811 for the northern State of Haiti, establishing a hereditary monarchy under Christophe. Again, prohibition against white ownership of land was omitted.
- Revision of the Haitian Constitution of 1806 (1816). Created a bicameral legislature, established PétionAlexandre PétionAlexandre Sabès Pétion was President of the Republic of Haiti from 1806 until his death. He is considered as one of Haiti's founding fathers, together with Toussaint Louverture, Jean-Jacques Dessalines, and his rival Henri Christophe.-Early life:Pétion was born in Port-au-Prince to a Haitian...
as President for Life, restricted the legislature to only consider bills proposed by the president, and provided for laws by presidential order, except for taxation. The Senate was no longer directly elected, but selected by the lower house from a list of nominees provided by the president. This constitution also provided automatic Haitian citizenship to any black, indian, or person of mixed race who resided in the nation for more than a year. - Constitution of 18431843 Constitution of HaitiThe 1843 Constitution of Haiti was enacted on December 30, 1843, during the administration of Charles Hérard ainé.The constitution contained many important innovations. The judges were to be elected by the people, instead of being appointed by the President; all offenses, either criminal,...
under Charles Rivière-HérardCharles Riviere-HérardCharles Rivière-Hérard also known as Charles Hérard Aîné was an officer in the Haitian Army under Andre Petion during his struggles against Henri Christophe. He was declared President of Haiti on 4 April 1843. He was forced from office by revolutionaries on 3 May 1844.Charles Hérard Aîné was born...
. - Constitution of 1816 restored by Jean-Baptiste RichéJean-Baptiste RichéJean-Baptiste Riché was a career officer and general in the Haïtian Army. He was made President of Haïti on March 1, 1846....
. - Constitution of 1849. Re-established Haïti as an empire under Faustin I.
- Constitution of 1874 under Michel DomingueMichel DomingueMichel Domingue was the leader of Haiti from June 14, 1874 to April 15, 1876.Michel Domingue was born in Les Cayes, Haiti in 1813. He graduated from military training and became commander of army units in the Sud Department....
. Granted the executive had the power to dissolve the Chambers and to establish a Council of State to aid the Government. Power was given to the president for one year to change the judges and magistrates. - Constitution of 1879
- Constitution of 1889
- Constitution of 1902
- Constitution of 1918, acclaimed by sham U.S.-backed plebiscite: 98,225 for, 769 against.
- Constitution of 1932
- Constitution of 1935. Fascist and anti-democratic. Allowed Sténio VincentSténio VincentSténio Joseph Vincent was President of Haiti from November 18, 1930 to May 15, 1941.In October 1930 Haitians chose a national assembly for the first time since 1918, which elected Vincent as President of Haiti...
broad powers, including the ability to succeed himself. - Constitution of 1932 reinstated (1942.)
- Constitution of 1946, Nov. 22. Constitution of Dumarsais Estime. Heinl, p. 552.
- Constitution of 1950. Enfranchised women.
- Constitution of 1957.
- Constitution of 1964. Established François DuvalierFrançois DuvalierFrançois Duvalier was the President of Haiti from 1957 until his death in 1971. Duvalier first won acclaim in fighting diseases, earning him the nickname "Papa Doc" . He opposed a military coup d'état in 1950, and was elected President in 1957 on a populist and black nationalist platform...
as President for Life. - Constitution of 1983
- Constitution of Haïti (1987). The current constitution. Bans dual citizenship, effectively restricting Haitian-Americans (such as Samir Mourra and Dumarsais SimeusDumarsais SimeusDumarsais Mécène Siméus , born in 1939, is a Haitian-born and U.S. naturalized businessman from Texas. Simeus returned to Haiti to be a candidate in the 2006 presidential elections.-Early life:...
) from running for president in Haiti.