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National Constitutional provisions – Haiti

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

The Constitution of Haiti 1987.

 

EDUCATION

 

Article 32:

The State guarantees the right to education. It sees to the physical, intellectual, moral, professional, social and civic training of the population.

(1)Education is the responsibility of the State and its territorial divisions. They must make schooling available to all, free of charge, and ensure that public and private sector teachers are properly trained.

(2)The first responsibility of the State and its territorial divisions is education of the masses, which is the only way the country can be developed. The State shall encourage and facilitate private enterprise in this field.

(3)Primary schooling is compulsory under penalties to be prescribed by law. Classroom facilities and teaching materials shall be provided by the State to elementary school students free of charge.

(4)Agricultural, vocational, cooperative and technical training is a fundamental responsibility of the State and its communes.

(5)Preschool and maternal training, as well as nonformal education are encouraged.

(6)Higher education shall be open to all, on an equal bases, according to merit only.

(7)The State shall see to it that each territorial division, communal Section, commune or Department shall have the essential educational establishments adapted to the needs of their development, without however prejudicing the priorities assigned to agricultural, vocational, cooperative and technical training, which must be widely disseminated.

(8)The State guarantees that the handicapped and the gifted shall have the means to ensure their autonomy, education and independence.

(9)The State and its territorial divisions have the duty to make all necessary provisions to intensify the literacy campaign for the masses. they encourage all private initiatives to that end.

(10)Teachers are entitled to a fair salary.

 

Article 33

There shall be freedom of education at all levels. This freedom shall be exercised under the control of the State.

 

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;

g)To educate and improve himself.

 

Article 208

Higher education is free. it is provided by the University of the Haitian State (Univertité d'État d'Haiti), which is autonomous and by the superior public schools and the superior private schools accredited by the State.

 

Article 209

The State must finance the operation and development of the Haitian State University and the public superior schools. Their organization and their location must be planned from the perspective of regional development.

 

Article 211

Authorization for operation of universities and private superiors schools is subject to the technical approval of the Council of the State University, to a majority of Haitian participation in the capital and faculty, and to the obligation to teach primarily in the official language of the country.

(1)The universities and the private and public superior schools provide academic and practical instruction adapted to the trends and requirements of national development.

 

Article 212 

An organic law regulates the establishment, location and operation of university and public and private superior schools in the country.

 

Article 213

A Haitian Academy shall be established to standardize the Creole language and enable it to develop scientifically and harmoniously.

 

EQUALITY

 

Article 18

Haitians shall be equal before the law, subject to the special advantages conferred on native-born Haitians who have never renounced their nationality.

 

CITIZENSHIP

 

Article 11

Any person born of a Haitian father or Haitian mother who are themselves native-born Haitians and have never renounced their nationality possesses Haitian nationality at the time of birth.

 

Article 12

Haitian nationality may be adquired by naturalization.

(1)After five years of continuous residence in the territory of the Republic, any foreigner may obtain Haitian nationality by naturalization, in conformity with the regulations established by law.

 

LANGUAGES

 

Preamble

Strengthen national unity by eliminating all discrimination between the urban and rural populations, by accepting the community of languages and culture and by recognizing the right to progress, information, education, health, employment and leisure for all citizens.

 

RELIGION

 

Article 30

All religions and faiths shall be freely exercised. Everyone is entitled to profess his religion and practice his faith, provided the exercise of that right does not disturb law and order.

(1) No one may be compelled to belong to a religious organization or to follow a religious teaching contrary to his convictions.

(2) The law establishes the conditions for recognition and practice of religions and faiths.

 

PARENTS

 

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.

 

HUMAN RIGHTS MECHANISMS

 

Article 276

(2)Once international treaties or agreements are approved and ratified in the manner stipulated by the Constitution, they become part of the legislation of the country and abrogate any laws in conflict with them.