President of Haiti
Encyclopedia
The President of the Republic of Haiti is the head of state
of Haiti
. Executive power in Haiti is divided between the president and the government headed by the Prime Minister of Haiti
. The current President is Michel Martelly, who took office on May 14, 2011.
.
The President is elected to a five-year term by popular vote. The President is not to be elected twice in a row: he may serve a second term only after an interval of five years, and must not run for a third term.
To be elected President, a candidate must:
Elections are held on the last Sunday in November in the fifth year of the current president's term. If no candidate receives a majority then a runoff election is held between those two candidates, who have not withdrawn before the runoff, who have the highest number of votes.
Each presidential term in office begins and ends on the first February 7 after presidential elections are held.
. The President has no powers except those accorded to him in the Constitution.
The Constitution mandates that the President see to: the respect for and enforcement of the Constitution and the stability of the institutions; regular operations of the public authorities; the continuity of the State; and the nation's independence and the integrity of its territory.
When there is a majority in Parliament, the President must choose a Prime Minister
from the majority party; otherwise, he chooses one after consultation with the two houses of Parliament. In either case, the choice must then be ratified
by Parliament. The President terminates the duties of the Prime Minister when the Government resigns.
The President declares war
and negotiates and signs peace treaties with the approval of the National Assembly
, and signs all international treaties, conventions and agreements, submitting them to the National Assembly for ratification. The President accredits ambassador
s and special envoys to foreign powers; receives letters of accreditation from ambassadors of foreign powers; and issue exequatur
s to recognize consul
s.
in the capital Port-au-Prince
serves as the official residence of the President of Haiti. It was severely damaged in the 2010 Haiti earthquake
.
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
of Haiti
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...
. Executive power in Haiti is divided between the president and the government headed by the Prime Minister of Haiti
Prime Minister of Haiti
The Prime Minister of the Republic of Haiti is the head of government of Haiti. The Prime Minister is appointed by the President and ratified by the National Assembly. He or she appoints the Ministers and Secretaries of State and goes before the National Assembly to obtain a vote of confidence for...
. The current President is Michel Martelly, who took office on May 14, 2011.
Term and election
The qualifications for the presidency are specified by Chapter III Section A (Articles 134 and 135) of the 1987 Constitution of HaitiConstitution of Haïti
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...
.
The President is elected to a five-year term by popular vote. The President is not to be elected twice in a row: he may serve a second term only after an interval of five years, and must not run for a third term.
To be elected President, a candidate must:
- be a native-born Haitian and never renounced that nationality;
- have reached the age of 35 by election day;
- enjoy civil and political rights and not have been sentenced to death, personal restraint, or penal servitude or the loss of civil rights for a crime of ordinary law;
- be the owner of a real propertyReal propertyIn English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
and have one's habitual residence in the country; - reside in the country at least 5 years before election day;
- have been discharged of responsibilities if previously handling public funds.
Elections are held on the last Sunday in November in the fifth year of the current president's term. If no candidate receives a majority then a runoff election is held between those two candidates, who have not withdrawn before the runoff, who have the highest number of votes.
Each presidential term in office begins and ends on the first February 7 after presidential elections are held.
Duties and powers
The qualifications for the presidency are specified by Articles 136 to 147, part of Chapter III Section B of the 1987 Constitution of HaitiConstitution of Haïti
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...
. The President has no powers except those accorded to him in the Constitution.
The Constitution mandates that the President see to: the respect for and enforcement of the Constitution and the stability of the institutions; regular operations of the public authorities; the continuity of the State; and the nation's independence and the integrity of its territory.
When there is a majority in Parliament, the President must choose a Prime Minister
Prime Minister of Haiti
The Prime Minister of the Republic of Haiti is the head of government of Haiti. The Prime Minister is appointed by the President and ratified by the National Assembly. He or she appoints the Ministers and Secretaries of State and goes before the National Assembly to obtain a vote of confidence for...
from the majority party; otherwise, he chooses one after consultation with the two houses of Parliament. In either case, the choice must then be ratified
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
by Parliament. The President terminates the duties of the Prime Minister when the Government resigns.
The President declares war
Declaration of war
A declaration of war is a formal act by which one nation goes to war against another. The declaration is a performative speech act by an authorized party of a national government in order to create a state of war between two or more states.The legality of who is competent to declare war varies...
and negotiates and signs peace treaties with the approval of the National Assembly
National Assembly of Haïti
The Parliament of Haiti is the legislature of the Republic of Haiti. It sits at the Haitian capital, Port-au-Prince. The Parliament is bicameral, the upper house being the Senate of Haiti and the lower house being the Chamber of Deputies of Haiti....
, and signs all international treaties, conventions and agreements, submitting them to the National Assembly for ratification. The President accredits ambassador
Ambassador
An ambassador is the highest ranking diplomat who represents a nation and is usually accredited to a foreign sovereign or government, or to an international organization....
s and special envoys to foreign powers; receives letters of accreditation from ambassadors of foreign powers; and issue exequatur
Exequatur
An exequatur is a legal document issued by a sovereign authority allowing a right to be enforced in the authority's domain of competence. The word is a form of the Latin verb exequi, and means let it be executed in Latin.-International relations:...
s to recognize consul
Consul (representative)
The political title Consul is used for the official representatives of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the peoples of the two countries...
s.
Residence
The National PalaceNational Palace (Haiti)
The National Palace is located in Port-au-Prince—facing Place L'Ouverture near the Champs de Mars—and is the official residence of the Haitian president. It was almost completely destroyed in the 2010 Haiti earthquake...
in the capital Port-au-Prince
Port-au-Prince
Port-au-Prince is the capital and largest city of the Caribbean nation of Haiti. The city's population was 704,776 as of the 2003 census, and was officially estimated to have reached 897,859 in 2009....
serves as the official residence of the President of Haiti. It was severely damaged in the 2010 Haiti earthquake
2010 Haiti earthquake
The 2010 Haiti earthquake was a catastrophic magnitude 7.0 Mw earthquake, with an epicentre near the town of Léogâne, approximately west of Port-au-Prince, Haiti's capital. The earthquake occurred at 16:53 local time on Tuesday, 12 January 2010.By 24 January, at least 52 aftershocks...
.