Independent Institutions

CHAPTER I  The Permanent Electoral Council

ARTICLE 191:
The Permanent Electoral Council is responsible for organizing and controlling with complete independence all electoral procedures throughout the territory of the Republic until the results of the election are announced.

ARTICLE 191-1:
The Council also drafts the Electoral Bill that it submits to the Executive Branch for the necessary purposes.

ARTICLE 191-2:
The Council sees to it that the electoral lists are kept up-to-date.

ARTICLE 192:
The Permanent Electoral Council consists of nine (9) members chosen from a list of three (3) names proposed by each of the Departmental Assemblies:

  1. 3 are chosen by the Executive Branch;
  2. 3 are chosen by the Supreme Court;
  3. 3 are chosen by the National Assembly.
The above-mentioned organs see to it as far as possible that each of the Departments are represented.

ARTICLE 193:
Members of the Permanent Electoral Council must:

1. Be native-born Haitians;

2. Have attained forty (40) years of age;

3. Enjoy civil and political rights and never have been sentenced to death, personal constraint or penal servitude or the loss of civil rights;

4. Have been relieved of their responsibilities if they have been handling public funds;

5. Have resided in the country at least three (3) years before their nomination.

ARTICLE 194:
Members of the Permanent Electoral Council are appointed for a nine (9) year nonrenovable period. They may not be removed from office.

ARTICLE 194-1:
One-third of the members of the Permanent Electoral Council are replaced every three (3) years. The President is chosen form among its members.

ARTICLE 194-2:
Before taking office, the members of the Permanent Electoral Council take the following oath before the Supreme Court;

"I swear to respect the Constitution and the provisions of the Electoral Law and to discharge my duties with dignity, independence, impartiality and patriotism."

ARTICLE 195:
In the event of a serious offense committed in the discharge of their duties, the members of the Permanent Electoral Council are liable for prosecution before the High Court of Justice.

ARTICLE 195-1:
The seat of the Permanent electoral Council is in the capital. Its jurisdiction extends throughout the territory of the Republic.

ARTICLE 196:
Members of the Permanent electoral Council may not hold any other public post, nor may they be a candidate of an elective post during their term.

In the event of dismissal, a member of the Council must wait three (3) years before he may run for an elective post.

ARTICLE 197:
The Permanent Electoral Council shall rule on all disputes arising either in elections or in the enforcement or the violation of the Electoral Law, subject to any legal prosecution undertaken against an offender or offenders before the courts of competent jurisdiction.

ARTICLE 198:
In the event of a vacancy caused by a depth, resignation or any other reason, the member shall be replaced following the procedure established in article 192 for the remainder of his term, taking into account the branch of government that had designated the member to be replaced.

ARTICLE 199:
The law determines the rules for organization and operation of the Permanent Electoral Council

CHAPTER II  The Superior Court of Auditors and Administrative Disputes

ARTICLE 200:
The Superior Court of Auditors and Administrative Disputes is an independent and autonomous financial and administrative court. It is responsible for administrative and jurisdictional control of Government receipts and expenditures, verification of the accounts of the Government enterprises and of the territorial divisions.

ARTICLE 200-1:
The Superior Court of Auditors and Administrative Disputes hears cases against the State and the territorial divisions, the Administration and Government officials, public services and citizens.

ARTICLE 200-2:
Its decisions ate not subject to appeal, except to the Supreme Court.

ARTICLE 200-3:
the Supreme Court of Auditors and Administrative Disputes comprises two (2) sections:

1. The Financial Control Section

2. The Administrative Disputes Section.

ARTICLE 200-4:
The Superior Court of Auditors and Administrative Disputes participates in drawing up the budget and is consulted on all matters concerning legislation on public finances and on all draft financial or commercial contracts, agreements and conventions to which the State is a party. It has the right to conduct audits in all Government agencies.

ARTICLE 200-5:
Members of the Superior Court of auditors and Administrative Disputes must:

a. Be Haitians and never have renounced their nationality;

b. Have attained thirty-five (35) years of age;

c. Have been relieved of their responsibilities of they have been handling public funds;

d. Have a Bachelor of Law degree, be a certified public accountant or hold an advanced degree in government administration, economics or public finance;

e. Have five (5) years experience in public or private administration;

f. Enjoy civil and political rights.

ARTICLE 200-6:
Candidates for membership on the Court shall submit their applications directly to the Office of the Senate of the Republic. The Senate elects the ten (10) members of the Court, who select the Court's President and Vice President form among them.

ARTICLE 201:
Court members have a ten (10) year term and may not be removed

ARTICLE 202:
Before taking office, the members of the Superior Court of Auditors and Administrative disputes shall take the following oath before a section of the Supreme Court:

"I swear to respect the Constitution and the laws of the Republic, to discharge my duties properly and loyally and to conduct myself at all times with dignity".

ARTICLE 203:
Members of the Superior Court of Auditors and Administrative Disputes are under the jurisdiction of the High Court of Justice for any serious offenses committed in the discharge of their duties.

ARTICLE 204:
The Superior Court of Auditors and Administrative Disputes shall submit each year to the Legislature within thirty (30) days following the opening of the first legislative session a complete report on the country's financial situation and on the efficacy of Government expenditures.

ARTICLE 205:
The organization of the above-mentioned court, its membership regulations and its mode of operation are established by law.

CHAPTER III  The Conciliation Comission

ARTICLE 206:
The Conciliation Commission is responsible for settling disputes between the Executive Branch and the Legislature and the two (2) Houses of the Legislature. Its members are as follows:

a. The President of the Supreme Court - President;

b. The President of the Senate - Vice President;

c. The President of the House of Deputies - Member;

d. The President of the Permanent Electoral Council - Member;

e . The Vice President of the Permanent electoral Council - Member;

f. Two (2) members designated by the President of the Republic - Member.

ARTICLE 206-1:
The mode of operation of the Conciliation Commission is determined by law.

CHAPTER IV  Protection of Citizens

ARTICLE 207:
An office known as the OFFICE OF CITIZEN PROTECTION is established to protect all individuals against any form of abuse by the government.

ARTICLE 207-1:
The office is directed by a citizen bearing the title of PROTECTOR OF CITIZENS. He is chosen by consensus of the President of the Republic, the President of the Senate and the President of the House of Deputies. His term is seven (7) years and may not be renewed.

ARTICLE 207-2:
His intervention on behalf of any complainant is without charge, whatever the court having jurisdiction might be.

ARTICLE 207-3:
A law sets the conditions and regulations for the operation of the Office of Citizen Protection.

CHAPTER V  The UniversityY - The Academy - Culture

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 210:
The Establishment of research centers must be encouraged.

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.

ARTICLE 211-1:
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.

ARTICLE 213-1:
Other academies may be established.

ARTICLE 214:
The title Academy Member is purely honorific.

ARTICLE 214-1:
The law shall determine the mode of organization and operation of academies.

ARTICLE 215:
Archaeolical, historical, cultural, folklore and architectural treasures in the country, which bear witness to the grandeur of our past. are part of the national heritage. Consequently, monuments, ruins, sites of our ancestors' great feats of arms, famous centers of our African beliefs, and all vestiges of the past are placed under the protection of the State.

ARTICLE 216:
The law determines special conditions for this protection in each sphere.