Temporary Provisions

The National Council of Government shall remain in operation up to February 7,1988, the date of the investiture of the President of the Republic elected under this Constitution, in accordance with the electoral timetable.

ARTICLE 285-1:
The National Council of Government is authorized to issue in the Council of Ministers, pursuant to the Constitution, decrees having the force of law until the Deputies and Senators elected under this Constitution take up their duties.

Every Haitian who has adopted a foreign nationality during the twenty-nine (29) years prior to February 7, 1986, may, by a declaration made to the Ministry of Justice within two (2) years after publication of the Constitution, recover his Haitian nationality with the advantages deriving therefrom, in accordance with the law.

In light of the situation of Haitians that have become expatriates voluntarily or involuntarily the deadlines for residence stipulated in this Constitution are extended for a full year for the next elections.

When the next elections are held, the term of the three (3) Senators elected for each Department shall be established as follows:

a. The Senator who has received the largest number of votes shall have a term of six (6) years;

b. The Senator receiving the second largest number of votes shall have a term of four (4) years;

c. The Senator in third place shall be elected for two (2) years.

Following this each elected Senator shall have a term of six (6) years.

Awaiting the establishment of the Permanent Electoral Council provided for in this Constitution, the National Council of Government shall set up a Provisional Electoral Council of nine (9) members, charged with drawing up and enforcing the Electoral Law to govern the next elections, who shall be designated as follows:

1. One for the Executive Branch, who is not an official;

2. One for the Episcopal Conference;

3. One for the Advisory Council;

4. One for the Supreme Court;

5. One for agencies defending human rights, who may not be a candidate in the elections;

6. One for the Council of the University;

7. One for the Journalists Association;

8. One for the Protestant religions;

9. One for the National Council of Cooperatives.

ARTICLE 289-1:
Within two weeks following ratification of this Constitution, the bodies or organizations concerned shall inform the Executive of the name of their representative.

ARTICLE 289-2:
If any of the above bodies or organizations does not appoint a member, the Executive shall fill the vacancy or vacancies.

ARTICLE 289-3:
The mission of the Provisional Electoral Council shall end when the President-elect takes office.

The members of the first Permanent Electoral Council shall divide among them by lot the terms of nine (9), six (6), and three (3) years, stipulated for replacement of the Council by thirds (1/3).

For ten (10) years following publication of this Constitution, and without prejudice to any criminal action or civil suit for damages, none of the following may be candidates for any public office;

a. Any person well known for having been by his excess zeal one of the architects of the dictatorship and of its maintenance during the last twenty-nine (29) years;

b. Any accountant of public funds during the years of the dictatorship concerning whom there is presumptive evidence of unjustified again;

c. Any person denounced by public outcry for having inflicted torture on political prisoners or for having committed political assassinations.

The Provisional Electoral Council charged with receiving the registration of candidates, shall see to the strict enforcement of this provision.

All decrees expropriating real property in urban and rural areas of the Republic of the last two (2) Haitian governments for the benefit of the State or companies in the course of incorporation shall be annulled if the purpose for which such actions were taken has not been attained during the last 10 years.

ARTICLE 293-1:
Any individual who was the victim of confiscation of property or arbitrary dispossession for political reasons during the period from october 22, 1957 to February 7,1986 may recover his property before the court of competent jurisdiction.

In such cases, the procedure shall be expedited as for emergency matters, and the decision may be appealed only to the Supreme Court.

Sentences to death personal restraint or penal service or the loss of civil rights for political reasons from 1957 to 1986 shall constitute no impediment to the exercise of civil and political rights.

Within six (6) months starting from the time the first President elected under the Constitution of 1987 takes office, the Executive Branch is authorized to proceed to carry out any reforms deemed necessary in the Government Administration in general and in the Judiciary.