|
Getting your Trinity Audio player ready...
|
Haiti should have elections in 2025 instead of having elections in 2024 leading to more political instability for the next 5 years?
Delay the Haitian Elections to Allow Time for Reform – TheHill.com
Delayed Elections in Haiti Present Opportunity for Real Change – TheHill.com
Without a Full Recount, Haiti’s Elections Are a Scam – TheHill.com
Haiti needs a government that has the mandate of its people.
We must take time to build the proper electoral infrastructure before holding elections. Haiti does not currently have the foundation upon which to build socio-political and economic stability for its people.
Haiti must build confidence in its electoral process. We recommend a modern electoral system built on five pillars:
1. A universal and up-to-date registration list accessible to the public
2. A voter platform that increases, not impedes, participation.
3. Established measures to enhanced ballot integrity and voter access.
4. A voter-verifiable paper trail and improved security of the voting system.
5. CEP members must be statesmen and women of capacity and autonomy.
Join HDN for fair, free 2025 general elections in Haiti.
Duties of the Citizen
ARTICLE 52:
Citizenship entails civic duties. Every right is counterbalanced by a corresponding duty.
ARTICLE 52-1:
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.
ARTICLE 52-2:
Failure to abide by these provisions shall be punishable by law.
ARTICLE 52-3:
Compulsory civic service for both sexes is established. The terms thereof shall be set by law.
CHAPTER I
Territorial Divisions And Decentralization
ARTICLE 61:
The territorial divisions are the Communal Sections, the Communes and the Departments.
ARTICLE 61-1:
The law may create any other territorial division.
SECTION A
Communal Sections
ARTICLE 62:
The Communal Section is the smallest administrative territorial entity of the Republic.
ARTICLE 63:
Each Communal Section is administered by a council of three (3) members elected by universal suffrage for four (4) years. They may be re-elected an indefinite number of times.
Their mode of organization and operation is regulated by law.
ARTICLE 63-1:
The Administrative Council of the Communal Section is assisted in its work by an Assembly of the Communal Section.
ARTICLE 64:
The state is obligated to establish for each Communal Section the structures required for social, economic, civic and cultural training of its population.
ARTICLE 65:
Members of the Administrative Council of the Communal Section must:
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:
Communes have administrative and financial autonomy. Each Commune of the Republic is administered by a Council, known as the Municipal Council, of three (3) members elected by universal suffrage.
ARTICLE 66-1:
The President of the council is assisted in its work by a Municipal Assembly composed among others, of a representative of each of its Communal sections.
ARTICLE 67:
The Municipal Council is assisted in its work by a Municipal Assembly composed, among others, of a representative of each of its Communal Sections.
ARTICLE 68:
The Municipal term is four (4) years, and its members may be re-elected for an indefinite number of terms.
ARTICLE 69:
The mode of organization and operation of the Commune and the Municipal Council are regulated by law.
ARTICLE 70:
Members of a Municipal Council must:
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:
Each Municipal Council is assisted at its request by a Technical Council furnished by the Central Government.
ARTICLE 72:
The Municipal Council may be dissolved for negligence, embezzlement, or maladministration, legally determined by a court of competent jurisdiction.
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:
The Municipal Council manages its resources for the exclusive benefit of the Municipality and renders its accounts to the Municipal Assembly which in turn reports to the Departmental Council.
ARTICLE 74:
The Municipal Council has priority in management of the State’s real property in the private domain located within the limits of its Commune. They may not be subject to any transaction without the prior consent of the Municipal Assembly.
SECTION C
Arrondissements
ARTICLE 75:
The Arrondissement is an administrative division that may comprise several Communes. Its organization and operations are governed by law.
SECTION D
DEPARTMENTS
ARTICLE 76:
The Department is the largest territorial division. It comprises the Arrondissements.
ARTICLE 77:
The Department has legal personality and is autonomous.
ARTICLE 78:
Each Department is administered by a Council of three (3) members elected for four (4) years by the Departmental Assembly.
ARTICLE 79:
Members of the Departmental Council are not necessarily drawn from the Assembly, but they must:
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:
The departmental Council is assisted in its work by a Departmental Assembly made up of:
One (1) representative form each Municipal Assembly.
ARTICLE 80-1:
The following may attend Assembly meetings in an advisory capacity: a. Deputies and Senators of the Department;
b. One (1) representative of each professional society, association or union; c. The Departmental Delegate;
d. The Director of Public Services of the Department.
ARTICLE 81:
The Departmental Council draws up the Department’s development plan in cooperation with the Central Government.
ARTICLE 82:
The organization and operations of the Departmental Council and the Departmental Assembly are regulated by law.
ARTICLE 83:
The Departmental Council manages its financial resources for the exclusive benefit of the Department and renders its accounts to the Departmental Assembly, which in turn reports to the Central Government.
ARTICLE 84:
The Departmental Council may be dissolved in the event of embezzlement or maladministration legally determined by a court of competent jurisdiction.
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:
In each Departmental Capital, the Executive Branch appoints a Representative, who bears the title of Delegate. A Vice Delegate placed under the authority of the Delegate is also appointed in each Arrondissement Capital.
ARTICLE 86:
Delegates and Vice Delegates ensure coordination and control of public services and exercise no repressive police function.
Other duties of delegates and Vice Delegates are determined by law.
SECTION F
Inter-departmental Council
ARTICLE 87:
The Executive is assisted by an Interdepartmental Council, the members of which are designated by the Departmental Assemblies on the basis of one (1) per Department.
ARTICLE 87-1:
This Representative chosen form among the members of the Departmental Assemblies serves as liaison between the Department and the Executive Branch.
ARTICLE 87-2:
The interdepartmental Council, in concert with the executive, studies and plans projects for decentralization and development of the country from the social, economic, commercial, agricultural and industrial standpoint.
ARTICLE 87-3:
It attends working meetings of the Council of Ministers, when they discuss subjects mentioned in the preceding paragraph and has the right to vote.
ARTICLE 87-4:
Decentralization must be accompanied by de-concentration of public services with delegation of power and industrial de-compartmentalization for the benefit of the departments.
ARTICLE 87-5:
The law determines the organization and operation of the Interdepartmental Council, and the frequency of the meetings of the Council of Ministers, in which it participates.
Development: Economics and Agriculture
ARTICLE 245:
Economic freedom shall be guaranteed so long as it is not contrary to the public interest.
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:
The State encourages in rural and urban areas the formation of cooperatives for production, processing of raw materials and the entrepreneurial spirit to promote the accumulation of national capital to ensure continuous development.
ARTICLE 247:
Agriculture, which is the main source of the Nation’s wealth, is a guarantee of the well-being of the people and the socio-economic progress of the Nation.
ARTICLE 248:
A special agency to be known as THE NATIONAL INSTITUTE OF AGRARIAN REFORM shall be established to organize the revision of real property structures and to implement an agrarian reform to benefit those who actually work the land. This Institute shall draw up an agrarian policy geared to optimizing productivity by constructing infrastructure aimed at the protection and management of the land.
ARTICLE 248-1:
The law determines the minimum and maximum area of basic farm units.
ARTICLE 249:
The State has the obligation to establish the structures necessary to ensure maximum productivity of the land and domestic marketing of foodstuffs. Technical and financial management units shall be established to assist farmers at the level of each Communal section.
ARTICLE 250:
No monopoly may be established to benefit the State and the territorial divisions except in the exclusive interest of society as a whole. Such a monopoly may not be granted to any private individual.
ARTICLE 251:
The import of foodstuffs and their byproducts that are produced in sufficient quantity in the national territory is forbidden, except in the event of force majeure.
ARTICLE 252:
the State may take charge of the operation of enterprises for the production of goods and services essential to the community in order to ensure continuity in the event the existence of these establishments should be threatened. Such enterprises shall be grouped in a comprehensive management system.
CHAPTER II
The Environment
ARTICLE 253:
Since the environment is the natural framework of the life of the people, any practices that might disturb the ecological balance are strictly forbidden.
ARTICLE 254:
the State shall organize the enhancement of natural sites to ensure their protection and make them accessible to all.
ARTICLE 255:
To protect forest reserves and expand the plant coverage, the State encourages the development of local sources of energy: solar, wind and others.
ARTICLE 256:
Within the framework of protecting the environment and public education, the State has the obligation to proceed to establish and maintain botanical and zoological gardens at certain points in its territory.
ARTICLE 257:
The law specifies the conditions for protecting flora and fauna, and punishes violations thereof.
ARTICLE 258:
No one may introduce into the country wastes or residues of any kind from foreign sources.
TITLE X
The Family
ARTICLE 259:
The State protects the family, which is the foundation of society.
ARTICLE 260:
It must also protect all families regardless of whether they are constituted within the bonds of marriage. It must endeavor to aid and assist mothers, children and the aged.
ARTICLE 261:
The law ensures protection for all children. Any child is entitled to love, affection, understanding and moral and physical care grow its father and mother.
ARTICLE 262:
A family Code must be drawn up to ensure protection and respect for the rights of the family and to define procedures of the search for affiliation. Courts and other Government agencies charged with the protection of these rights must be accessible free of charge at the level of the smallest territorial division.
