Preamble
After breaking free from the chains of capitalist oppression and greed, the Haitian People have united to build a new society that is more equitable, just, and democratic. To ensure the success of this endeavor, we, the Haitian People, hereby establish the Democratic Socialist Republic of Haiti and ordain this Constitution to promote peace, social justice, democracy, egalitarianism, and socialism for all citizens of the Haitian state.
Section One:
Article One
(1) The Democratic Socialist Republic of Haiti is a socialist state of workers and peasants. It is the political organization of the urban and rural working people under the leadership of the working class and its Marxist-Leninist party. The capital of the Democratic Socialist Republic is the city of Port-au-Prince.
(2) The State and Civil Flag of the Democratic Socialist Republic of Haiti is a 1:2 ratio banner consisting of a red field; and which features a stylized red star outlined with gold, in the upper left canton. Centered in the red star is a golden hammer and sickle symbol. This hammer and sickle symbol is patterned after that which adorned the State Flag of the Union of Soviet Socialist Republics during the Stalinist Era, from 5 December 1936 to 19 August 1955. The State and Civil Flag of the Democratic Socialist Republic of Haiti is depicted as through-and-through.
(3) The State and Civil Flag of the Democratic Socialist Republic of Haiti also serves as the State Naval Ensign, and the Civil Naval Ensign of the Democratic Socialist Republic of Haiti.
(4) The State Anthem of the Democratic Socialist Republic of Haiti is the patriotic song "Quand nos Aïeux brisèrent leurs entraves".
(5) The official languages of the Democratic Socialist Republic of Haiti are French, and Haitian Creole.
(6) The official state motto of the Democratic Socialist Republic of Haiti is “Travailleurs du monde entier, unissez-vous!” in French; and “Travayè nan mond lan, ini!” in Haitian Creole.
Article Two:
All political Power in the Democratic Socialist Republic is exercised by the working people in town and country. Man is at the centre of all the efforts of socialist society and its state. The further increase of the material and cultural standard of living of the people on the basis of a high rate of development of socialist production, the increase of effectiveness, scientific and technical progress and the growth of labor productivity is the decisive task of the developed socialist society.
(2) The solid Alliance of the working class with the class of cooperative farmers, the members of the intelligentsia and the other layers of the people, the socialist ownership of the means of production, the management and planning of the development of society to the most advanced knowledge of science inviolable foundations of the socialist order of society.
(3) The exploitation of man by man is eliminated forever. What the hands of the people create is the people's own. The socialist principle "From each according to his abilities, to each according to his needs" is realized. Therefore, it it the duty of all able people to work and contribute to the building and maintaining of Socialism.
Article Three:
(1) The alliance of all the forces of the people finds its organized expression in the National Front of the Democratic Socialist Republic of Haiti.
(2) In the National Front of the Democratic Socialist Republic of Haiti, the parties and mass organizations unite all the forces of the people to act together for the development of socialist society. In this way they realize the coexistence of all citizens in the socialist community on the principle that everyone bears responsibility for the whole.
Article Four:
All power serves the good of the people. It secures his peaceful life, protects the socialist society and guarantees the socialist way of life of the citizens, free development of the human being, preserves his dignity and guarantees the rights guaranteed in the State Constitution.
Article Five:
(1) The citizens of the Democratic Socialist Republic of Haiti exercise their political power through democratically elected representatives of the people.
(2) The representation of the people is the basis of the system of state organs. Their activities are based on the active participation of citizens in the preparation, implementation and control of their decisions.
(3) At no time and under no circumstances can state power be exercised by bodies other than those provided for by the constitution.
Article Six:
(1) The Democratic Socialist Republic of Haiti is forever and irrevocably allied with the Union of Soviet Socialist Republics. The close and fraternal alliance with it guarantees the people of the Democratic Socialist Republic of Haiti the further progress towards socialism and peace. The Democratic Socialist Republic of Haiti is an inseparable part of the socialist community of states. It faithfully contributes to the strengthening of the principles of socialist internationalism, cultivates and develops friendship, all-round cooperation and mutual continuity with all states of the socialist community.
(2) The Democratic Socialist Republic of Haiti supports the states and peoples who fight against imperialism and its colonial regime, for national freedom and independence, in their struggle for social progress. The Democratic Socialist Republic of Haiti advocates the implementation of the principles of the peaceful coexistence of states of different social systems and maintains cooperation with all states on the basis of equality and mutual respect.
(3) The Democratic Socialist Republic of Haiti is committed to security and cooperation throughout the Western Hemisphere, to a stable peace order in the world and to general disarmament.
(4) Militarist and revanchist propaganda in all forms, incitement to war and expression of hatred of faith, race and people are punished as crimes.
Article Seven:
(1) The organs of state shall ensure the territorial integrity of the Democratic Socialist Republic of Haiti and the inviolability of its borders, including its airspace and territorial waters, as well as the protection and use of its continental shelf.
(2) The national government of the Democratic Socialist Republic of Haiti organises national defence and the protection of the socialist order and the peaceful life of its citizens. The armed forces and the other organs of national defense protect the socialist achievements of the people against all attacks from outside. The armed forces of the Democratic Socialist Republic of Haiti shall maintain close brotherhood of arms with the armies of the Soviet Union and other socialist states in the interests of peace and security of the socialist state.
Article Eight:
(1) The generally accepted rules of international law serving the peace and peaceful cooperation of peoples shall be binding on state power and on every citizen.
(2) The Democratic Socialist Republic of Haiti shall never wage an imperialist war of conquest, or use its armed forces against the freedom of another people. Our armed forces shall only be sent into battle if the sovreign integrity of our national borders is violated by an aggressor. We maintain a strictly defensive posture.
Article Nine:
(1) The economy of the Democratic Socialist Republic of Haiti is based on socialist ownership of the means of production. It develops according to the economic laws of socialism on the basis of the socialist relations of production and the purposeful realization of socialist economic integration.
(2) The national economy of the Democratic Socialist Republic of Haiti serves to strengthen the socialist order, to constantly improve the satisfaction of the material and cultural needs of its citizens, to develop its personality and its socialist social relations.
(3) In the Democratic Socialist Republic of Haiti, the principle of managing and planning the national economy and all areas of society applies. The economy of the Democratic Socialist Republic of Haiti is a planned socialist economy. The central state management and planning of the basic questions of social development is connected with the individual responsibility of the local state organs and enterprises as well as the initiative of the working people.
(4) The determination of the monetary and financial system is a matter for the socialist state. Duties and taxes are levied on the basis of laws.
(5) The foreign economy, including foreign trade and the value economy, is a state monopoly of the Democratic Socialist Republic of Haiti.
Article Ten:
(1) The socialist property as a collective public property, as co-operative common property of working collectives and as property of social organizations of citizens.
(2) Protecting and increasing socialist property is the duty of the socialist state and its citizens.
Artilcle Eleven:
(1) The personal property of the citizens and the right of inheritance are guaranteed. Personal property serves to satisfy the material and cultural needs of citizens.
(2) The rights of authors and inventors enjoy the protection of the socialist state.
(3) The use of the property as well as of copyright and invention rights must not be contrary to the interests of the company.
Article Twelve:
(1) Mineral resources, mines, power stations, reservoirs and large bodies of water, natural resources of the continental shelf, industrial enterprises, banks and insurance institutions, national goods, transport routes, means of transport by rail, maritime and aviation, postal and telecommunications facilities are national property. Private ownership of it is inadmissible.
(2) The socialist state guarantees the use of public property with the aim of achieving the highest result for society. This is served by the socialist planned economy and socialist economic law. The use and management of the national property is basically carried out by the national enterprises and state institutions. The state may transfer its use and management through contracts to cooperative or social organizations and associations. Such a Transfer must serve the interests of the General public and the increase of social wealth.
Article Thirteen:
The equipment, machinery, installations, buildings of the agricultural, artisanal and other socialist cooperatives as well as the livestock of the agricultural production cooperatives and the result obtained from cooperative use of the land and means of production are co-operative property.
Article Fourteen:
(1) Small-scale private sector associations for the purpose of establishing economic power are permitted, and must come under the scrupulous regulation of the state. No private sector association may employ more than ten people at once.
(2) The small craft and other commercial enterprises based mainly on personal work are active on a legal basis. In exercising their responsibility for socialist society, they are promoted by the state.
Article Fifteen:
(1) The soil of the Democratic Socialist Republic of Haiti is a precious natural treasure. It must be protected and used rationally. Land used for agriculture and forestry may only be withdrawn from its intended purpose with the consent of the responsible bodies.
(2) In the interest of the well-being of citizens, the state and society take care of the protection of nature. The purifying of the waters and the air as well as the protection of the flora and fauna and the scenic beauty of the homeland are to be ensured by the competent bodies and beyond that also a matter for every citizen.
Article Sixteen:
Expropriations are only permitted for charitable purposes on a legal basis and against appropriate compensation. They may only take place if the intended charitable purpose cannot be achieved in any other way
Article Seventeen:
(1) The Democratic Socialist Republic of Haiti promotes science, research and education with the aim of protecting and enriching society and the lives of its citizens. The unification of the scientific-technical revolution with the advantages of socialism serves this purpose.
(2) With the unified socialist education system, the Democratic Socialist Republic of Haiti ensures a high level of education for all citizens in line with the ever-increasing social requirements. It enables citizens to shape socialist society and to participate creatively in the development of socialist democracy.
(3) Any abuse of science directed against peace, international understanding, against the life and dignity of man is prohibited.
Article Eighteen:
(1) The socialist national culture is one of the foundations of socialist society. The Democratic Socialist Republic of Haiti promotes and protects socialist culture, which serves the peace, humanism and development of socialist society. It fights the imperialist unculture, which serves the psychological warfare and the degradation of man. Socialist society promotes the cultural life of the working people, cultivates all humanistic values of national cultural heritage and world culture, and develops socialist national culture as a matter of the whole people.
(2) The promotion of the arts, the artistic interests and abilities of all working people and the dissemination of artistic works and achievements are obligations of the state and all social forces. Artistic creation is based on a close connection between cultural workers and the life of the people.
(3) Physical culture, sport and tourism as an element of socialist culture serve the all-round physical and mental development of the citizens of the Democratic Socialist Republic of Haiti.
Section Two:
Article Nineteen:
(1) The Democratic Socialist Republic of Haiti guarantees all citizens the exercise of their rights and their participation in the management of social development. It guarantees socialist legality and legal certainty.
(2) Respect for and protection of the dignity and freedom of personality are a requirement for all state bodies, all social forces and every individual citizen.
(3) Free from exploitation, oppression and economic dependence, every citizen has equal rights and many opportunities to develop his abilities to the full and to develop his powers freely for the benefit of society and for his own benefit in the socialist community. Thus he realizes the freedom and dignity of his personality. The relations of the citizens are marked by mutual respect and help, by the principles of socialist morality.
(4) The conditions for the acquisition and loss of citizenship of the Democratic Socialist Republic of Haiti shall be defined and determined by law.
Article Twenty:
(1) Every citizen of the Democratic Socialist Republic of Haiti has the same rights and obligations, irrespective of his nationality, race, ideological or religious creed, social origin and position. Freedom of conscience and belief are guaranteed. All citizens are equal before the law.
(2) Men and women have equal rights and equal legal status in all areas of social, state and personal life. The promotion of women, especially in vocational training, is a social and governmental task. Men may not masquerade as women in order to gain these privileges.
(3) Youth is particularly encouraged in its social and professional development. It has every opportunity to participate responsibly in the development of the socialist social order.
Article Twenty-One:
(1) Every citizen of the Democratic Socialist Republic of Haiti has the right to participate fully in the political, economic, social and cultural life of the socialist community and the socialist state.
(2) The right to co-determination and co-shaping is guaranteed by the fact that the citizens democratically elect all organs of power, participate in their activities and in the management, planning and design of social life; Can demand accountability from the representatives of the people, their deputies, the heads of state and economic bodies about their activities; using the authority of their social organizations to express their wishes and demands; to address their concerns and proposals to the social, state and economic bodies and institutions; express their will in referendums.
(3) The realization of this Right of co-determination and participation is at the same time, a high moral obligation for every citizen. The exercise of social or state functions is recognized and supported by society and the state.
Article Twenty-Two:
(1) Every citizen of the Democratic Socialist Republic of Haiti who has reached the age of 18 years on election day is entitled to vote.
(2) Every citizen may be elected to the National Assembly and to the local representatives of the people if he or she has reached the age of 18 on election day.
(3) The conduct of elections by democratically constituted electoral commissions, the popular debate on the fundamental questions of politics and the establishment and examination of candidates by voters are indispensable socialist electoral principles.
Article Twenty-Three:
(1) The protection of peace and the socialist Fatherland and its achievements is the right and duty of honour of the citizens of the Democratic Socialist Republic of Haiti. Every citizen is obliged to serve and perform services for the defense of the Democratic Socialist Republic of Haiti in accordance with the laws.
(2) No citizen may take part in the oppression of a people.
(3) The Democratic Socialist Republic of Haiti may grant asylum to citizens of other states or stateless persons who are persecuted for political, scientific or cultural activities in defence of peace, democracy, the interests of the working people or for their participation in the class struggle.
Article Twenty-Four:
(1) Every citizen of the Democratic Socialist Republic of Haiti has the right to work. He has the right to a job and its free choice according to social requirements and personal qualifications. He has the right to pay according to quality and quantity of work. Men and women, adults and young people have the right to equal pay with equal work performance.
(2) Socially useful activity is an honorable duty for every citizen capable of work. The right to work and the duty to work form one unit.
(3) The right to work is guaranteed through socialist ownership of the means of production; through the socialist direction and planning of the social reproduction process; through the steady and planned growth of the socialist productive forces and labour productivity; through the consistent implementation of the scientific-technical Revolution; through continuous education and training of citizens and through the uniform socialist labour law.
Twenty-Five:
(1) Every citizen of the Democratic Socialist Republic of Haiti has the same right to education. The educational institutions are open to everyone. The unified socialist education system guarantees every citizen a continuous socialist education, education and further training.
(2) The Democratic Socialist Republic of Haiti ensures the progress of the people towards a socialist community of all-round educated and harmoniously developed people, imbued with the spirit of socialist patriotism and internationalism, with a high level of general education and special education.
(3) All citizens have the right to participate in cultural life. It is becoming increasingly important under the conditions of the scientific-technical revolution and the increase of intellectual requirements. For the full expression of the socialist personality and for the growing satisfaction of cultural interests and needs, the participation of citizens in cultural life, physical culture and sport is promoted by the state and society.
(4) In the Democratic Socialist Republic of Haiti there is a general twelve-year compulsory secondary education, which is completed by attending the ten-class general polytechnic secondary school in the institutions of vocational training or the training and further education of the working people. All young people have the right and the duty, to learn a trade or profession.
(5) Special education and training facilities exist for children and adults with psychological and physical impairments.
(6) The solution of these tasks is ensured by the state and all social forces in joint educational and educational work.
Article Twenty-Six:
(1) The state ensures the possibility of Transition to the next higher level of education up to the highest educational facilities, universities, institutes, colleges and technicums, according to the performance principle, the social needs and taking into account the social structure of the population.
(2) There is no tuition fee. Training allowances and freedom from learning aids are granted according to social considerations.
(3) Direct students at universities, colleges and technical schools are exempt from tuition fees. Scholarships and study grants are granted according to social aspects and performance.
Article Twenty-Seven:
(1) Every citizen of the Democratic Socialist Republic of Haiti shall have the right to express his or her opinion freely and publicly; in accordance with the principles of this State Constitution. This right is not limited by any employment or employment relationship. No one may be disadvantaged if he makes use of this right.
(2) Freedom of the press, broadcasting and television is guaranteed.
Article Twenty-Eight:
(1) All citizens have the right to assemble peacefully within the framework of the principles and objectives of the State Constitution.
(2) The use of the material conditions for the unhindered exercise of this right, the meeting buildings, streets and rally places, printing works and news media shall be guaranteed.
Article Twenty-Nine:
The citizens of the Democratic Socialist Republic of Haiti have the right to unification in order to realize their interests through joint action in political parties, social organizations, associations and collectives in accordance with the principles and objectives of the State Constitution.
Article Thirty:
(1) The personality and freedom of every citizen of the Democratic Socialist Republic of Haiti are inviolable.
(2) Restrictions are only permitted in connection with criminal acts or medical treatment and must be justified by law. The rights of such citizens may only be limited to the extent that this is legally permissible and unavoidable.
(3) In order to protect his freedom and the inviolability of his personality, every citizen is entitled to the assistance of state and social organs.
Article Thirty-One:
(1) Postal and telecommunications secrecy are inviolable.
(2) They may only be restricted on a legal basis if the security of the socialist state or criminal prosecution requires it.
Article Thirty-Two:
Every citizen of the Democratic Socialist Republic of Haiti has the right to freedom of movement within the territory of the Democratic Socialist Republic of Haiti within the framework of the laws.
Article Thirty-Three:
(1) Every citizen of the Democratic Socialist Republic of Haiti shall be entitled to legal protection by the organs of the state when staying outside the Democratic Socialist Republic of Haiti.
(2) No citizen of the Democratic Socialist Republic of Haiti may be extradited to a foreign power without justification, as determined by the government of the Democratic Socialist Republic of Haiti.
Article Thirty-Four:
(1) Every citizen of the Democratic Socialist Republic of Haiti has the right to leisure and recreation.
(2) The right to rest, leisure, and recreation is guaranteed by the legal limitation of daily and weekly working hours, a fully paid annual leave, and through the planned expansion of the network of national and other social recreation and holiday centres.
Article Thirty-Five:
(1) Every citizen of the Democratic Socialist Republic of Haiti has the right to the protection of his health and his labour.
(2) This right is guaranteed by the planned improvement of working and living conditions, the maintenance of public health, a comprehensive social policy, the promotion of physical culture, school and national sports and tourism.
(3) On the basis of a social insurance system, material security, free medical assistance, medicines and other medical benefits in kind are provided in the event of illness or accident.
Article Thirty-Six:
(1) Every citizen of the Democratic Socialist Republic of Haiti has the right to the care of society in old age and disability.
(2) This right is guaranteed by increasing material, social and cultural provision and care for old and incapacitated citizens.
Article Thirty-Seven:
(1) Every citizen of the Democratic Socialist Republic of Haiti has the right to housing for himself and his family according to economic possibilities and local conditions. The state is obliged to realize this right through the promotion of housing construction, the preservation of the value of existing housing and public control over the fair distribution of housing.
(2) There is legal protection in the event of termination.
(3) Every citizen has the right to inviolability of his dwelling.
Article Thirty-Eight:
(1) Heterosexual marriage, family and motherhood are under the special protection of the state. Every citizen of the Democratic Socialist Republic of Haiti has the right to respect, protect and promote marriage and the family.
(2) This right is guaranteed by the equal rights of men and women in marriage and the family, by the social and state support of citizens in the consolidation and development of their marriage and family. The welfare and support of the socialist state through special measures applies to large families, single mothers and fathers.
(3) Mother and child enjoy the special protection of the socialist state. Maternity leave, special medical care, material and financial support for births and child benefit are provided.
(4) It is the right and the first duty of parents to educate their children to be healthy and cheerful, to be able and to be educated on all sides, to be citizens of the state. Parents are entitled to a close and trusting cooperation with the social and state educational institutions.
(5) Homosexual marriages are forbidden. The penalties for homosexual behavior shall be defined and determined by law.
Article Thirty-Nine:
(1) Every citizen of the Democratic Socialist Republic of Haiti has the right to profess a religious faith and to perform religious rituals, provided that they are not considered obscene or repugnant to the dignity of the nation.
(2) Churches and other religious communities arrange their affairs and carry out their activities in accordance with the State Constitution and the legal provisions of the Democratic Socialist Republic of Haiti. Further details can be regulated by agreements.
Article Forty:
Citizens of the Democratic Socialist Republic of Haiti of Soviet, Cuban, Venezuelan, and German nationality have the right to cultivate their mother tongue and culture. The exercise of this right is encouraged by the state.
Section Three:
Article Forty-One:
The socialist enterprises, towns, local communities and associations of local communities are, within the framework of central state planning and management, self-responsible communities in which citizens work and shape their social relations. They safeguard the basic rights of citizens, the effective linking of individual and social interests, and a multifold social-political and cultural-intellectual life. They are protected by the State Constitution. Interference with their rights is permissible only on the basis of law.
Article Forty-Two:
(1) In the enterprises, the activities of which provide the basis for the creation and increase of social wealth, the working people cooperate directly in management with the assistance of their elected bodies. Details are regulated by law or statutes.
(2) In order to increase social productivity the state authorities, enterprises and cooperatives may form associations and companies as well as other forms of cooperative collaboration.
Article Forty-Three:
1) The towns, local communities and associations of local communities of the Democratic Socialist Republic of Haiti mould the conditions necessary for the constantly better satisfaction of the material, social, cultural and other joint requirements of citizens. To achieve this they work together with the enterprises and cooperatives of their area. All citizens participate by the exercise of their political rights.
(2) The popular representative bodies elected by citizens are responsible for the implementation of the social functions of towns and local communities. They decide their affairs on their own responsibility on the basis of law. They are responsible for a rational utilization of all public assets at their disposal.
Article Forty-Four:
(1) The free trade unions, organized in the Confederation des Travailleurs Haïtiens, are the all-embracing class organization of the working class. They safeguard the interests of the workers, office workers and intelligentsia through comprehensive co-determination in the state, the economy and the social sphere.
(2) The trade unions are independent. No person or organization may limit or obstruct their activities.
(3) Through their organizations and organs, their representatives in the elected organs of state power and their proposals to the state and economic bodies, the trade unions play a determining role
in shaping socialist society,
in the planning and management of the national economy,
in the implementation of the scientific-technical revolution,
in the development of working and living conditions, health protection and labour safety, cultural working environment, and cultural and sports activities of the working people.
The trade unions cooperate in the enterprises and institutions in drafting the plans, and are represented on the advisory councils of the associations of nationally-owned enterprises, and on the production committees of the enterprises and integrated works. They organize the permanent production councils.
Article Forty-five:
1. The trade unions have the right to conclude agreements with government authorities, enterprise managements and other leading economic bodies on all questions concerning the working and living conditions of the working people. The trade unions have the right to initiate strikes if a vote of two-thirds of the union's members vote in favour of serving strike notice.
(2) The trade unions play an active part in shaping the socialist rule of law. They have the right to initiate legislation, and to exercise social control in safeguarding the legally-guaranteed rights of the working people.
(3) The trade unions administer the social insurance system for workers and office workers on the basis of the self-administration of the insured. They participate in the comprehensive material and financial aid for citizens in case of illness, accidents at work, invalidity and old age.
(4) All state organs and economic managers must ensure close and trusting cooperation with the trade unions.
Article Forty-Six:
(1) The agricultural production cooperatives are voluntary associations of farmers for the purpose of joint socialist production, for the ever-better satisfaction of their material and cultural needs, and for supplies to the population and the national economy. They are themselves responsible, on the basis of the law, for shaping their working and living conditions.
(2) Through their organizations and their representatives in the state organs the agricultural production cooperatives take an active part in the state planning and direction of social development.
(3) The state helps the agricultural production cooperatives to develop socialist large-scale production on the basis of advanced science and technology.
(4) The same principles apply to the socialist production cooperatives of fishermen, gardeners and craftsmen.
Section Four:
Article Forty-Seven:
(1) The structure and activities of the state organs are determined by the aims and tasks of state power, as stipulated in this State Constitution.
(2) The sovereignty of the working people, which is implemented on the basis of democratic centralism, is the fundamental principle of the state structure.
Article Forty-Eight:
(1) The National Assembly of the Democratic Socialist Republic of Haiti is the supreme organ of state power in the Democratic Socialist Republic of Haiti. It decides in its plenary sessions the basic questions of state policy.
(2) The National Assembly is the only constitutional and legislative organ in the Democratic Socialist Republic of Haiti. No one can limit its rights. The National Assembly is a unicameral legislature.
By its activities, the National Assembly of the Democratic Socialist Republic of Haiti implements the principle of the unity of decision and enforcement.
Article Forty-Nine:
(1) The National Assembly determines by means of laws and decisions the aims of the development of the Democratic Socialist Republic of Haiti in a final manner binding on all.
(2) The National Assembly determines the main rules for the cooperation of citizens, organizations and state organs as well as their tasks in implementing the state plans for social development.
(3) The National Assembly guarantees the enforcement of its laws and decisions and lays down the principles to be adhered to by the Presidium of the National Assembly, the Council of Ministers, the National Defence Council, the Supreme Court and the Procurator General.
Article Fifty:
The National Assembly elects the chairman and members of the Presidium of the National Assembly of the Democratic Socialist Republic of Haiti, the chairman and members of the Council of Ministers, the Chairman of the National Defence Council, the President and the judges of the Supreme Court and the Procurator General. They can be recalled at any time by the National Assembly. The Chairman and members of the Council of Ministers are nominated by the chairman of the Presidium of the National Assembly.
Article Fifty-One:
The National Assembly approves state treaties of the Democratic Socialist Republic of Haiti, and other international legal agreements, insofar as they alter laws passed by the National Assembly. It decides on the termination of these treaties.
Article Fifty-Two:
The National Assembly decides on the state of defence of the Democratic Socialist Republic of Haiti. In case of urgency the Presidium of the National Assembly is authorized to decide on a state of defence. The Chairman of the Presidium proclaims the state of defence.
Article Fifty-Three:
The National Assembly can decide to hold plebiscites.
Article Fifty-Four:
The National Assembly is composed of 500 deputies who are elected by the people for four years in free, general, equal and secret ballot.
Article Fifty-Five:
(1) The National Assembly elects its Presidium for the electoral term.
The Presidium is composed of the President of the National Assembly, one vice-president, one deputy vice-president, and further members.
(2) The Presidium conducts the plenary sessions. Further tasks are regulated by the Standing Orders of the National Assembly. The President of the National Assembly of the Democratic Socialist Republic of Haiti is ex officio the chairman of the Presidium. Likewise, the Vice-President of the National Assembly of the Democratic Socialist Republic of Haiti is ex officio the vice-chairman of the Presidium; and the Deputy Vice-President of the National Assembly of the Democratic Socialist Republic of Haiti is ex officio the deputy vice-chairman of the Presidium.
(3) The President of the National Assembly chairs the meetings of the National Assembly of the Democratic Socialist Republic of Haiti. If he is unable to do so, he shall serve official notice to the National Assembly and to the vice-president. Upon reading of this notice by the Secretary of the Presidium to and before the National Assembly, the vice-president then shall serve as President pro tempore of the National Assembly for as long as the President may be incapable by his own admittance.
Article Fifty-Six:
(1) The deputies of the National Assembly fulfill their responsible tasks in the interest and for the benefit of the whole population.
(2) The deputies encourage the cooperation of citizens in the drafting and enforcement of laws in cooperation with the committees of the National Front of the Democratic Socialist Republic of Haiti, the social organizations and the state organs.
(3) The deputies maintain close contact with their electors. They are to heed their proposals, suggestions and criticisms and to ensure conscientious attention to them.
(4) The deputies explain the policy of the socialist state to the citizens.
Article Fifty-Seven:
(1) The deputies of the National Assembly are obliged to hold regular consultation hours and discussions and to report to their electors on their activities.
(2) A deputy who grossly infringes his duties can be recalled by his electors in accordance with the legally-established procedure.
Article Fifty-Eight:
The deputies of the National Assembly have the right to participate in the sessions of the local popular representative bodies in an advisory capacity. They may be compensated for this service according to law.
Article Fifty-Nine:
Every member has the right to put questions to the Council of Ministers and each of its members.
Article Sixty:
(1) All state and economic organs must assist the deputies in fulfilling their tasks.
(2) The deputies of the National Assembly enjoy the right of immunity. Limitation of their personal liberty, house searches, confiscations or prosecution are permissible only with the agreement of the National Assembly, or between its session, the Presidium. The decision of the Presidium requires confirmation by the National Assembly.
The deputies of the National Assembly are entitled to refuse to testify concerning persons who have confided facts to them in the course of their duties as deputies, or to whom they have confided facts in the course of their duties as deputies, and about these facts themselves.
(3) Deputies may be exposed to no professional or other personal disadvantages as a result of their activities as deputies. They are released from their ordinary occupation, insofar as this is necessary for the fulfilment of their duties as deputies. They continue to receive their salaries or wages.
Article Sixty-One:
(1) The National Assembly forms committees from among its members which closely cooperate with the voters in discussing bills and exercising a continuous check on the enforcement of laws.
(2) The committees may demand the presence of the competent ministers and heads of other state organs in their deliberations in order to obtain information. All state organs must provide the committees with the necessary information.
(3) The committees have the right to call upon experts for permanent or temporary cooperation.
Article Sixty-Two:
(1) The National Assembly is convened no later than the twenty-first day after election. Its first meeting is convened by the Presidium.
(2) The sessions of the National Assembly are public. At the request of at least two-thirds of the deputies present the public may be excluded.
Article Sixty-Three:
(1) The National Assembly has a quorum if more than half of the deputies are present (50% plus one).
(2) The National Assembly reaches its decisions by a majority vote. Amendments to the State Constitution require the votes of at least two-thirds of the elected deputies, followed by an endorsement of two-thirds of the voting population via an public plebiscite. Failure to achieve this will result in the failure of the proposed Amendment or Amendments to become law.
(3) Each proposed Amendment must be presented as separate questions to the voting person during the public plebiscite. They shall appear this way on each ballot.
(4) Ballots for all elections and plebiscites must be counted by hand.
(5) All candidates for public office have the right to ask for a recount within the first ten days which immediately follow an election. These requests must be submitted in writing to the Central Elections Commission.
Article Sixty-Four:
1) The National Assembly can be dissolved before the expiration of its electoral term only on its own decision.
(2) Such a decision requires the affirmative vote of at least two-thirds of the elected deputies.
(3) New elections must be held at the latest on the 60th day after the expiration of the electoral term or the 45th day after the dissolution of the National Assembly.
Article Sixty-Five:
(1) Bills may be presented by the deputies of the political parties or mass organizations represented in the National Assembly, the committees of the National Assembly, the Presidium, the Council of Ministers and the Confederation des Travailleurs Haïtiens.
(2) In preparing the sessions of the National Assembly, the Presidium deals with bills and examines their conformity with the State Constitution. They may ask for the unofficial opinion of each of the judges whom are members of the Supreme Court.
(3) The committees of the National Assembly discuss the bills and submit their comments to the plenary session of the National Assembly. Their activities are supported by the Presidium.
(4) Drafts of basic laws are, prior to their passage, submitted to the people for discussion. The results of such popular discussions are to be evaluated in the final drafting.
(5) Laws passed by the National Assembly are promulgated in the Law Gazette by the Chairman of the Presidium within one month.
(6) Laws come into force on the 1st day of January after their promulgation unless otherwise specified.
Article Sixty-Six:
(1) As the organ of the National Assembly operating between sessions of the National
Assembly the Presidium fulfils all fundamental tasks resulting from the laws and decisions of the National Assembly It is responsible to the National Assembly for its activities.
(2) The President of the National Assembly of the Democratic Socialist Republic of Haiti, whom serves as the chairman of the Presidium of the National Assembly of the Democratic Socialist Republic of Haiti, represents the Democratic Socialist Republic of Haiti in international law. The Presidium decides on the conclusion of treaties by the Democratic Socialist Republic of Haiti. They are ratified by the Chairman of the Presidium. The Presidium also terminates treaties.
Article Sixty-Seven:
(1) The President, the Vice-President, the Deputy Vice-President, the members, the Clerk, and the Secretary of the National Assembly of the Democratic Socialist Republic of Haiti are elected via secret ballot by the National Assembly at its first session after the new election for a term of four years. Each deputy shall receive an ballot with three parts; one part denoting the choice for President, one part denoting the choice for vice-president, and another part denoting the choice for deputy vice-president; and in the corresponding sections of each ballot, the names for each deputy’s choice for President, vice-president, and deputy vice-president shall be personally written-in by the deputy, themselves.
(2) The Clerk of the National Assembly shall, in the Presence of the deputies and other officers of the National Assembly, open all the envelopes, and the Votes shall then be counted. The Person having the greatest Number of Votes for President shall be the President; the Person having the greatest Number of Votes for vice-president shall be the Vice-President; and the Person having the greatest Number of Votes for deputy vice-president shall be the Deputy Vice-President.
(3) The National Assembly shall establish its own methods, rules and procedures to elect the Clerk and the Secretary of the National Assembly of the Democratic Socialist Republic of Haiti. No single person may occupy both roles at the same time.
(4) After the electoral term of the National Assembly has expired, the Presidium continues its activities until a new Presidium has been elected by the National Assembly.
(5) Upon the swearing-in of a new National Assembly, the Presidium is automatically dissolved, and the members thereof are escorted out of the chamber of the National Assembly by the sergeant-at-arms. The announcement of the dissolution of the Presidium is to be made by the chairman of the Presidium. In doing so, he is to say the following: “Comrades, pursuant to the Articles of the State Constitution of the Democratic Socialist Republic of Haiti, the dissolution of the Presidium of the former National Assembly is hereby declared, given that the new National Assembly has been sworn in and is now assembled. It is now your duty to determine the composition of the Presidium of this new National Assembly.”.
(6) Until a new President, Vice-President, and Deputy Vice-President of the National Assembly of the Democratic Socialist Republic of Haiti are elected by a new National Assembly, the leader of the Majority Faction of the National Assembly, having been pre-determined via internal vote, shall preside over the proceedings.
(7) Immediately following the elections of the President, the Vice-President, and the Deputy Vice-President of the National Assembly of the Democratic Socialist Republic of Haiti, the Presidium of the National Assembly is to be elected.
Article Sixty-Eight:
When entering upon their duties the chairman, the vice-chairmen, the members and Secretary of the Presidium take the following oath of office to the National Assembly: "I swear to devote my efforts to the welfare of the people of the Democratic Socialist Republic of Haiti, to safeguard its Constitution and its laws, to defend and uphold the socialist order, to fulfill my duties conscientiously and to the best of my abilities, and to do justice to all."
Article Sixty-Nine:
The chairman shall direct the work and duties of the members and of the whole of the Presidium of the National Assembly of the Democratic Socialist Republic of Haiti.
Article Seventy:
(1) The Presidium deals with bills to be submitted to the National Assembly and submits them for discussion by the committees of the National Assembly.
(2) The Presidium convenes the sessions of the National Assembly either on a decision of the National Assembly or on its own initiative.
(3) The Presidium must convene the National Assembly if at least one-third of its deputies sign a petition to demand it.
Article Seventy-One:
(1) The Presidium deals with the basic tasks arising from the laws and decisions of the National Assembly, by means of decrees submitted to the National Assembly for confirmation.
(2) Decrees and decisions of the Presidium have the force of law.
(3) The Presidium's interpretation of the State Constitution and laws is legally binding, if this has not been done by the National Assembly itself.
Article Seventy-Two:
(1) The Presidium issues the writ for elections to the National Assembly and the other popular representatives bodies.
Article Seventy-Three:
(1) The Presidium takes fundamental decisions on matters relating to the defence and security of the country and organizes national defence with the help of the National Defense Council.
(2) The Presidium appoints the members of the National Defence Council. The National Defence Council is responsible to the National Assembly and the Presidium for its activities.
Article Seventy-Four:
The Presidium exercises, on behalf of the National Assembly, a continuous control over the constitutionality and legality of the activities of the Supreme Court and the Procurator General.
Article Seventy-Five:
(1) The chairman of the Presidium appoints and recalls the plenipotentiaries of the Democratic Socialist Republic of Haiti in foreign states; he accepts the credentials and documents of recall from diplomatic representatives of foreign states who are accredited to him.
(2) The Presidium determines military ranks, diplomatic ranks and other honourary titles.
Article Seventy-Six:
The Presidium institutes state orders, distinctions and honorary titles which are awarded by its chairman.
Article Seventy-Seven:
The Presidium exercises the right of amnesty and pardon.
Article Seventy-Eight:
(1) The Council of Ministers organizes, on behalf of the National Assembly, the execution of the political, economic, cultural and social tasks of the socialist state and the defence tasks assigned to it. It functions on a collective basis.
(2) The Council of Ministers draws up scientifically-based prognoses, organizes the economic system of socialism and directs the planned development of the national economy.
Article Seventy-Nine:
(1) The Council of Ministers works on the basis of the laws and decisions of the National Assembly as well as the decrees and decisions of the Presidium. It issues regulations and decisions within the framework of the laws and decrees.
(2) The Council of Ministers directs, coordinates and controls the activities of the ministries, the other central state organs and the district councils in accordance with scientific organizational standards.
(3) The Council of Ministers decides upon the conclusion and termination of agreements in international law concluded in its name.
Article Eighty:
(1) The Chairman of the Council of Ministers is proposed to the National Assembly by the chairman of the Presidium and is charged by it with forming the Council of Ministers.
(2) The chairman and the members of the Council of Ministers are elected by the National Assembly after new elections for a term of four years.
(3) The Chairman and members of the Council of Ministers are sworn in on the State Constitution by the chairman of the Presidium on the floor of, and before, the National Assembly.
(4) The Council of Ministers consists of the Chairman, the Vice-Chairmen and the Ministers. It is headed by the Chairman of the Council of Ministers.
(5) The Council of Ministers forms the Presidium of the Council of Ministers from its ranks. It is headed by the Chairman of the Council of Ministers.
(6) Each Minister is responsible for the particular field assigned him.
All members of the Council of Ministers are collectively accountable for its activities.
(7) The Council of Ministers is responsible and accountable to the National Assembly.
(8) After the electoral term of the National Assembly has expired, the Council of Ministers continues its work until the new Council of Ministers has been elected by the National Assembly.
Article Eighty-One:
(1) The local popular representative bodies are the organs of state power in the districts, regions, towns, municipal boroughs, local communities and associations of local communities, elected by citizens having the right to vote.
(2) The local popular representative bodies decide, on the basis of law and on their own responsibility, on all matters which concern their area and its citizens. They organize popular cooperation in the shaping of political, economic, cultural and social life, and cooperate with the social organizations of the working people.
(3) The local popular representative bodies aim to increase and protect socialist property, to improve constantly working and living conditions and promote the social and cultural life of the people and their collectives, raise the level of civil and legal consciousness and preserve law and order, consolidate socialist legality and safeguard the rights of the citizens.
Article Eighty-Two:
(1) The local popular representative bodies take decisions which are binding upon their organs and institutions, and for the popular representative bodies, communities and citizens of their area. These decisions shall be published.
(2) The local representative bodies have their own income over which they dispose.
Article Eighty-Three:
(1) To meet its responsibilities every local popular representative body elects its council and committees. The members of the council should if possible come from the ranks of the deputies. Persons who are not deputies may also be appointed members of committees.
(2) The council ensures the development of all the activities of the local popular representative body and organizes the management of its social development within its field of responsibility. It is responsible to the popular representative body for all its actions and is accountable to the superordinate council. The council works collectively.
(3) The committees organize the expert cooperation of the citizens in the preparations and implementation of the decisions made by the popular representative body. They supervise the implementation of the laws, decrees, regulations and decisions of the representative body by the council and its specialized organs.
Article Eighty-Four:
The local popular representative bodies may form associations for a joint implementation of tasks.
Article Eighty-Five:
The responsibilities and rights of the local popular representative bodies, their deputies and committees, and their councils in the districts, regions, towns, municipal boroughs, local communities and associations of local communities are defined by law.
Section Five:
Article Eighty-Six:
Socialist society, the political power of the working people, and their state and legal system are the basic guarantees for the observance and enforcement of the Constitution in the spirit of justice, equality, fraternity and humanity.
Article Eighty-Seven:
Society and state guarantee the rule of law by involving the citizens and their organizations in the administration of justice and the social and state control of the observance of socialist law.
Article Eighty-Eight:
The responsibility of all leading employees in the state and economy towards citizens is guaranteed by a system of reporting back.
Article Eighty-Nine:
(1) Laws and other generally-binding statutory regulations of the Democratic Socialist Republic of Haiti are published in the Law Gazette as well as in other ways.
(2) Statutory regulations issued by the local popular representative bodies and their organs are published in a suitable form.
(3) Statutory regulations may not contradict the Constitution. The Presidium decides in case of doubt on the constitutionality of the legal regulations of the Council of Ministers and other state bodies.
Article Ninety:
(1) The administration of justice serves to implement socialist legality, protect and develop the Democratic Socialist Republic of Haiti and its state and social order. It protects freedom, peaceful life and the rights and dignity of Man.
(2) It is the joint concern of socialist society, its state and all citizens to combat and prevent crime and other violations of law.
(3) Citizens' participation in the administration of justice is guaranteed. Details are laid down by law.
Article Ninety-One:
The generally accepted norms of international law relating to the punishment of crimes against peace and humanity and of war crimes are directly valid law. Crimes of this kind do not fall under the statute of limitations.
Article Ninety-Two:
Jurisdiction in the Democratic Socialist Republic of Haiti is exercised by the Supreme Court, the District Courts, the Regional Courts and the social-civil courts within the framework of the tasks assigned them by law. In military matters jurisdiction is exercised by the Supreme Court, military tribunals and military courts.
Article Ninety-Three:
(1) The Supreme Court is the highest organ of jurisdiction.
(2) The Supreme Court directs the jurisdiction of the courts on the basis of the Constitution, the laws and other statutory regulations of the Democratic Socialist Republic of Haiti. It ensures a uniform application of the law by all courts.
(3) The Supreme Court is independent from the National Assembly.
Article Ninety-Four:
(1) Only persons loyally devoted to the people and their socialist state, and endowed with a high measure of knowledge and experience, human maturity and character may be judges.
(2) The democratic election of all judges, lay judges and members of social courts guarantees that justice will be administered by men and women from all classes and sections of the people.
Article Ninety-Four:
All judges, lay judges and members of social courts are elected either by popular representative bodies or directly by the citizens. They account to their electors on their work. They may be recalled by their electors if they violate the Constitution or the laws or commit a serious breach of their duties.
Article Ninety-Five:
(1) The judges, lay judges and members of social courts are independent in their administration of justice. They are bound only by the State Constitution, laws and statutory regulations of the Democratic Socialist Republic of Haiti.
(20) Lay judges exercise their function as judges to the full extent and have the same voting rights as professional judges.
Article Ninety-Seven:
With a view to safeguarding the socialist state and social order and the rights of citizens the public procurators' office supervises the strict adherence to socialist legality on the basis of laws and other statutory regulations. It protects citizens from violations of the law. The public procurators' office directs the struggle against penal offences and ensures that persons who have committed crimes or other legal offences are called to account before the court.
Article Ninety-Eight:
(1) The public procurators' office is directed by the Procurator General.
(2) The public procurators of the districts and regions as well as the military procurators are subordinate to the Procurator General.
(3) The procurators are appointed and recalled by the Procurator General and are responsible to him and bound by his instructions.
(4) The Procurator General is responsible to the National Assembly and, between its sessions, to the Presidium.
Article Ninety-nine:
(1) Legal responsibility is determined by the laws of the Democratic Socialist Republic of Haiti.
(2) An act is punishable only if it was defined in law at the time of its commission, if the offender has acted in a culpable way, and if his guilt is proved beyond doubt. Penal laws have no retroactive effect.
(3) Every prosecution must be in accordance with the penal laws.
(4) The rights of citizens may be limited in connection with a criminal proceeding only to such an extent as is legally permissible and indispensable.
Article One Hundred:
(1) Detention on remand may only be authorized by a judge. Persons under arrest must be brought before a judge not later than one day after their arrest.
(2) Within the framework of their responsibility the judge or the public procurator have to examine at any time whether the conditions for detention on remand still prevail.
(3) The public procurator must inform the next of kin of the arrested person within 24 hours after the first judicial interrogation. Exceptions to this rule are permissible only if by such notification the purpose of the investigation is jeopardized. In this case notification takes place after the reasons for the jeopardy have ceased to exist.
Article One Hundred-one:
(1) No one shall be deprived of his lawful judge.
(2) Special courts are inadmissible.
Article One Hundred-two:
(1) Every citizen has the right to be heard in court.
(2) The right to defence is guaranteed throughout the whole criminal procedure.
Article One Hundred-three:
(1) Every citizen may submit petitions (proposals, suggestions, applications or grievances) to the popular elected bodies and their deputies, or to state and economic organs. This right also applies to social organizations and collectives of citizens. They may be exposed to no disadvantage as a result of exercising this right.
(20) The organs responsible for a decision must deal with such proposals, suggestions or grievances of citizens or collectives within the legally-prescribed time and notify the applicants of the results.
Article One Hundred-four:
(1) The Council of Ministers is competent for complaints against decisions made by central organs of the Council of Ministers.
(2) The Presidium is competent for complaints against administrative decisions of the Council of Ministers, the Supreme Court, or the Procurator General.
Article One Hundred-five:
(1) In the case of complaints against decisions of local state organs, competence lies with the head of the organ which made the challenged decision. If the head of the organ does not change the decision, the complainant is entitled to appeal to the grievance commission of the competent popular representative body.
(2) The tasks and rights of the grievance commissions are regulated by decree.
Article One Hundred-six:
(1) In the case of damages inflicted on a citizen or his personal property as the result of unlawful actions of employees of state organs, liability lies with the state organ whose employee caused the damage.
(2) The conditions and procedure of state liability are regulated by law.
Section Six:
Article One Hundred-seven:
The following list of annual national holidays shall be public holidays. These are days when students are not required to attend their classes, and most workers are not required to perform their labour.
New Year’s Day: - January 1st
International Women’s Day: - March 8th
International Workers' Memorial Day: - April 28th
International Labour Solidarity Day: - May 1st
Karl Marx’s Birthday: - May 5th
Harvest Festival: - 1st Monday in August
Day of the Proclamation of the Democratic Socialist Republic of Haiti: - October 1st
New Year’s Eve: - December 31st
(2) Persons whom are required by law to report to their places of employment on the days which are national public holidays must therefore be properly compensated. This compensation shall include receiving double the hourly rate of pay which they would receive on a regular working day.
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