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Post author By Charlie January 7, 2021
The Government System of Haiti
theweeklyrambler.com/the-government-system-of-haiti/
Haiti is a country located in the
Caribbean and is bordered with the
country of the Dominican Republic in
the east of the island of Hispaniola,
with Haiti taking up in the West part of
the island, the island is a part of the
Greater Antilles archipelago. The rest of
the country is surrounded by the
Caribbean Sea, and has a number of
smaller islands, the largest being
Gonave Island. The capital city of Port-
au-Prince is located on the mainland
coast behind Gonave Island, accessed
either via the Canal de Saint-Marc or
the Canal de La Gonave. Haiti also
claims Navassa Island, which is
disputed by the United States.
The original inhabitants of the island were the Taino peoples who had migrated from the
South American continent. The first Europeans arrived on the island in 1492 from
Christopher Columbus’ First Voyage, he believed originally, he had found India or China.
Columbus founded the first European settlement in the Americas there, called La
Navidad, located in the portion of modern-day Haiti. The whole island was claimed by the
Spanish Empire who named it La Espanola. Competing claims came about in the early
17 Century, due to French settlement in the West of the island, leading to the Spanish
Empire ceding that area to France in 1697, which they named Saint-Domingue.
This French colony became one of the richest in the world due to colonists starting
sugarcane plantations, which was worked by large numbers of slaves brought over from
Africa. The chaos of the French Revolution from 1789 led to slaves and free people
of colour in Haiti to launch the Haitian Revolution from 1791, led by a former slave and
first black general of the French Army, Toussaint Louverture, the revolution lasted for 12-
years until 1804, where Louverture’s successor, Jean-Jacques Dessalines defeated
Napoleon Bonaparte’s forces and declared Haiti’s sovereignty, making it the first
independent nation of Latin America and the Caribbean, the first country to abolish
slavery and the only state in history that was established via a successful slave revolt. At
first Dessalines was declared “Emperor for life” by his troops and was known as Emperor
Jacques I, leading the First Empire of Haiti, he originally ordered the protection of the
white population, but later ordered their massacre, ending with the genocide of 3-5k,
certain white groups were spared.
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Dessalines was later assassinated by rivals leading to Haiti splitting into two, the Kingdom
of Haiti in the North and the Republic of Haiti in the South. Jean Pierre Boyer eventually
reunited Haiti and then attempted to unite the whole of the island under Haitian rule by
invading the east, modern-day Dominican Republic, in a series of wars that eventually led
to Haiti accepting their independence in the 1870s, there was also a period where France
attempted to reconquer Haiti, but the country maintained its independence by paying-off
the French monarchy. From this point Haiti experienced much economic and political
turmoil, such led to the United State occupying Haiti from 1915 when unrest broke out,
over fears of foreign influence in the country that went against US interests,
this occupation ended in 1934.
After some short-lived presidencies a period of autocratic rule overtook Haiti from 1956,
this included state-sanctioned violence against opposition and civilians, corruption and
economic stagnation. From 1986 the country has been attempting to implement a more
democratic system. Recent problems in the country have included the 2004 Haitian coup,
in which United Nations forces intervened, and the 2010 Haitian earthquake that killed
over 250k people.
The largest ethnic group are the Afro-Haitians and the official languages are French and
Haitian Creole. The largest religion is Christianity and the country’s currency is the
Haitian gourde. The country’s population is over 11,468,000, making it the most populous
country in the Caribbean.
Government Type
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Haiti Coat of Arms.
Haiti is a semi-presidential unitary republic with a President who is Head of State and a
Prime Minister who is Head of Government. The Haitian Parliament is a bicameral one,
including the Chamber of Deputies as the lower house and the Senate as the upper house,
making up the legislative government. Multiple parties are allowed, political parties must
respect the principles of national and democratic sovereignty, they must also meet the
quota of including at least 30% female members, this quota also is enforced on all levels of
national life, notably public services.
There is an interdepartmental Council that acts as a liaison between the Executive
Government and Departmental Assemblies, working on studying and planning projects
for decentralization and development of the country from the social, economic,
commercial, agricultural, and industrial standpoint, including access of members to the
Council of Ministers with the right to have a vote on it on the mentioned matters. Each
Departmental Assembly will choose one representative to sit on the Interdepartmental
Council.
The Executive Government
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The Presidential Palace in Haiti before it was severely damaged by the 2010 earthquake.
There have been plans to rebuild it since 2017. Photo by MichelleWalz on Flickr. CC BY 2.0.
Source.
The Executive Government includes the President who is Chief of State and the Prime
Minister who is the Head of Government, leading the Executive Government.
Presidential Absence and Vacancy
If the President is temporarily unable to discharge powers of his/her office then such
Executive Authority is vested in the Council of Ministers under the Presidency of the
Prime Minister until the President is able to discharge duties and powers again.
If the President’s office becomes permanently vacant for whatever reason then the
Council of Ministers through the Presidency of the Prime Minister will act in place until
the election of a new President, elections take place within 60-days.
Although if the vacancy takes place on the 4 year or later of the presidential term then
instead the National Assembly (joint-sitting of Parliament) will meet within 60-days to
elect a Provisional President to finish the remainder of the term.
During times of Presidential Absence and Vacancy there can be no interpellation of the
Government and any that were ongoing are temporarily suspended.
President and Duties
It is the job of the President to see to the enforcement of the country’s constitution and
the stability of institutions. It is also his/her job to see to the regular operation of
public authorities and the continuity of the State.
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The Prime Minister is appointed by the President after parliamentary elections from the
party which has an absolute majority in the Chamber of Deputies, if there is no party that
has such a majority then the Prime Minister is appointed by the President of the Republic
after consultation with the Presidents of the Senate and Chamber of Deputies. It is also
the job of the President of the Republic to terminate the jobs of the Prime Minister after
they or the Government resigns.
The President negotiates and signs all international treaties, agreements and conventions
and then submits them to a joint-sitting of parliament (National Assembly) for consent. It
is the job of the President to accredit ambassadors and envoys to foreign powers, and
receive letters of accreditation of foreign ambassadors and envoys.
The President declares war and signs peace treaties with the consent of the National
Assembly (joint-sitting of Parliament).
After deliberation in the Council of Ministers (the top decision-making body of the
Executive Government), and following Senate confirmation (upper chamber of
Parliament) the President appoints the Commander-in-Chief of the Armed Forces, the
Commander-in-Chief of the National Police, the Ambassadors and Consuls General and
the councils of administration of the autonomous organs.
The constitution says that the President of the Republic is the nominal head of the
country’s armed forces, but has no powers to command them.
After decree of the Council of Ministers, the President appoints the directors general of
the civil service, and delegates and vice-delegates of Departments and Arrondissements.
With Senate approval, the President also appoints Administrative Councils of
Autonomous Agencies.
The President promulgates legislation passed by the Haitian Parliament and has powers
to object to legislation, further explained below in the Legislative Government section.
The President, pursuant to the constitution, sees to the enforcement of judicial decisions.
The President has the power to pardon and commute sentences, except for sentences
handed down by the High Court of Justice. The President can grant amnesty but only for
political matters as stipulated by law.
The President presides over the Council of Ministers.
Prime Minister & Government
The Executive Government includes the Prime Minister who is Head of Government and
also the Ministers and Secretaries of State. It is the job of the Government to conduct the
policy of the Nation and the Government is responsible to the Haitian Parliament, it and
the Prime Minister must keep confidence with Parliament to remain in power.
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For one to be the Prime Minister they must meet the same requirements as the President
as seen under the Electoral System section, a part from the age difference, which is 30-
years or older instead of 35-years or older.
The Prime Minister chooses his/her Ministers of Cabinet, of which there must be at least
ten, and these are approved by the President of the Republic. If the Prime Minister sees it
as necessary he/she may appoint Secretaries of State to Ministers. The Prime Minister
puts forth a declaration of General Policy to both chambers of Parliament which acts as a
vote of confidence, the Prime Minister requires an absolute majority from both
chambers.
Ministers appoint certain categories of Government employees by delegation of the Prime
Minister, according to conditions set by the law on Government operations.
Ministers will have to be recalled and removed if a vote of Censure is passed on them by
Parliament via an absolute majority.
It is the job of the Prime Minister to execute laws via regulatory powers. The Prime
Minister is in charge of the national defence in concert with the President.
The Prime Minister directly or by delegation appoints and dismisses Government
officials, in accordance with the Constitution and the law on the general regulations for
Government operations.
The Prime Minister, Ministers and other members of Government cannot also be
members of the Haitian Parliament but they can appear before the two chambers to
support bills and the objections of the President and to reply to interpellation.
The Acts of the Prime Minister, are countersigned by the appropriate Minister if needed
for them to have effect, the Prime Minister and the Ministers are collectively responsible
for the acts of the President of the Republic and of their ministers that they countersign.
Such are also responsible for enforcement of the laws in areas of their competence.
If the Prime Minister becomes permanently absent, the Government itself remains in
place until a successor is chosen. If the Prime Minister becomes permanently
incapacitated then the President will choose an interim Prime Minister from among
members of the ministerial cabinet while attending to the formation of a new Government
within 30-days.
Charging and Removal of the President and other Important Officials
By a vote of at least two-thirds the Chamber of Deputies can indict the President of the
Republic for the crime of High Treason or any other crime or offense committed in the
discharge of their duties; the Prime Minister, Ministers, and Secretaries of State for
crimes of high treason and embezzlement or abuse of power or any other crime or
offenses committed in discharge of their duties; members of the Permanent Electoral
Council, Superior Court of Auditors, and the Court of Administrative Disputes for serious
offenses committed in discharge of their duties; Supreme Court justices or the officer of
the Public Prosecutor’s Office for abuse of authority; and the Protector of Citizens.
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Such of the above puts them before the High Court of Justice which is constituted by the
Senate. This court makes a verdict on those put forth towards it, its decision is made by a
two-thirds majority agreement. It can dismiss, disqualify or deprive those it convicts of
holding office for 5-15 years.
The Legislative Government
The Haitian Parliament is located in the capital Port-au-Prince. Photo by Clément Larrivé
from Flickr. CC BY-SA 2.0. Source.
The Legislative Government is made up of a bicameral parliament called the Haitian
Parliament which includes the House of Deputies as the lower but primary chamber and
the Senate as the upper chamber. It is the primary job of the parliament to have legislative
bills introduced to it, and for them to be debated, possibly amended and either passed or
rejected. Another integral job of the parliament, especially the Chamber of Deputies, is
oversight of the executive government, with both chambers having the power to
investigate matters brought before them. All members of both chambers have the right to
question and interpellate a member of Government or the entire Government on events
and acts of the Administration. Interpellation requests must be supported by at least five
other members, if passed by a majority it becomes a vote of confidence or censure. Such
vote of confidence can lead to the removal of the Prime Minister, in which case a new one
is appointed by the President of the Republic.
Legislative bills can be introduced either by the Government in either chamber or by a
chamber’s own members, but members cannot introduce budget bills or any other money
bills, only the Government can and these bills must always first originate in the Chamber
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of Deputies (lower chamber). Legislative bills must successfully pass through both
chambers without disagreement for the bill to then go on to be promulgated in the
Executive. If a bill is amended by a chamber that it did not originate in, then that bill must
be sent back to the chamber of origin for agreement before being sent for promulgation.
If there is disagreement over a budgetary or money bill between the two chambers then
both chambers will appoint equal members to a parliamentary committee to make a final
decision.
If there is disagreement over any other kind of legislative bill between the two chambers
then that bill will be postponed to the next session. If at the next session, even in the case
of replacement of the Chambers, there is still no agreement, then both chambers will
again appoint equal members to a parliamentary committee to come up with a final text
to be submitted to the chambers to agree to, if there is still disagreement then the
legislative bill is withdrawn.
Bills fully passed by the Haitian Parliament go to the President of the Republic for
promulgation. The President does have the power to object to a passed bill in part or all,
in this the President will send the bill back to Parliament with his/her objections, both
chambers must agree to the objections and subsequent amendment, if both chambers
vote against objections then the bill is sent back to the President who must promulgate it,
whether objections have been accepted (and in turn amended) or not.
Each chamber can impose disciplinary actions on members for reprehensible conduct, via
a two-thirds majority vote, but this cannot go as far as expelling them, members can
though become ineligible to run for a future term, for example if they have been
condemned for a crime that is afflictive and infamous by a court in Haiti.
Chamber of Deputies
The Chamber of Deputies are directly elected by the people and currently has 119
members, this number can be changed but cannot go below 70 members.
The Chamber of Deputies has exclusive power to put forth the Chief of State, Prime
Minister, Ministers and Secretaries of State before the High Court for things such as high
treason or contempt of office, possibly leading to their removal, putting these individuals
before the High Court requires a special majority vote of at least two-thirds of members.
The Senate
The Senate currently has 30 members, as each Department of the country (of which there
are currently ten) is set to having three members represent them in the Senate, directly
elected by the people within the Departments.
Unlike the Chamber of Deputies, the Senate is permanently in session, although it can be
adjourned where it will then have a permanent committee representing it, but this
committee has no power apart from to call a session of the Senate. In times
of emergency and if the Senate is adjourned the Executive government can end the
adjournment itself and call the Senate into session.
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The Senate also has exclusive powers and functions such as proposing a list of proposals
for Justices of the Supreme Court to the Executive Government and to constitute itself as
a High Court of Justice to judge individuals put before them such as the President, Prime
Minister, Government members etc.
The Senate also has other powers of approving appointments for various areas, which
have been highlighted in the Executive Government section above.
National Assembly – Joint-Sitting
A joint sitting of both houses (Chamber of Deputies and Senate) is called the National
Assembly. The reasons and jobs of the National Assembly include receiving the
President’s constitutional oath; ratifying declarations of war; approve or reject
international treaties or conventions; amendment of constitution; ratify a decision to
change the seat of Government; decide on state of urgency and state of siege, including
ordering with the Executive Government the constitutional guarantees to be suspended
and decide on any demand to renew/extend this measure; participates in the formation of
the Permanent Electoral Council; participate in the appointment of a provisional
President; participates in the formation of the Constitutional Council; and receives the
report/assessment of Government activities at the opening of each session.
The President of the Senate presides over the National Assembly with the President of the
Chamber of Deputies being Vice-President of the National Assembly.
During emergencies, when the legislature is not in session, the Executive government can
call for the National Assembly to convene.
The National Assembly cannot meet, take decisions or pass resolutions without
a majority of both chambers being present.
Constitutional Council and Permanent Electoral Council
The country’s Constitutional Council includes nine members, three designated by the
Executive Power, three by the National Assembly, and three by the Superior Council of
the Judicial Power. Three are magistrates, three are Jurists and three are Notable Persons
as stipulated by the Constitution. These members elect a President of the Constitutional
Council from among themselves for a term of 3-years. Members serve 9-year non-
renewable terms and the council is renewed in thirds every 3-years.
This council handles disputes and decisions over constitutionality of actions of the
legislative and executive Government as well as other areas.
The Permanent Electoral Council also has nine members, three by the Executive Power,
three by the Superior Council of the Judicial Power and three by the National Assembly,
serving 9-year non-renewable terms. Members elect the President of the Permanent
Electoral Council from among themselves for a three-year-term. One-third of members
are renewed every 3-years.
This council handles disputes and decisions over electoral outcomes, elections, electoral
rules and electoral legislation.
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The Electoral System
Image by TUBS from Wikimedia Commons. CC BY-SA 3.0. Source.
Presidential elections happen every 5-years, elected using a two-round absolute majority
system where a candidate requires an absolute majority to win outright in the first round
otherwise a 2 round is held between the top two candidates which is decided by simple
majority. A President cannot be consecutively elected for a 2 time but may wait 5-years
to run for a 2 term, but cannot run for a third term under any conditions.
Presidential candidates must follow the same requirements as those in the Chamber of
Deputies and Senate below apart from two differences, needing to be at least 35-years or
older and needing to have resided in Haiti for at least 5-years prior to the election.
Parliamentary elections for the Chamber of Deputies (lower house of parliament) takes
place every 4-years and members are elected from single seat electoral districts using a
two-round absolute majority system where a candidate must get a specified majority to
win outright otherwise a 2 round is held between the top two candidates and is won by
simple majority.
Members of the Chamber of Deputies must be of Haitian origin, never having renounced
their nationality and holding no other nationality; be 25-years or older; enjoy their civil
and political rights and to never have been condemned to a afflictive and infamous
penalty for a crime of common law; having to have resided at least 2-years in the electoral
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district they run for; be an owner of assets in the electoral district or to exercise a
profession or industry there; and having been discharged as the manager of any public
funds.
Elections for the Senate (upper chamber) happen every 2-years, although to elect one-
third of its members via rotation, with members serving 6-year terms. Members are
elected from multi-seat constituencies, of which there are ten with three each,
representing each of the 10 administrative Departments. Members are elected via the
absolute majority two round system, as is explained above.
Members of the Senate must meet the same requirements as those in the Chamber of
Deputies apart from instead having to be 30-years or older and having to live in the
Department they have run to represent for at least 3-years prior to running.
To vote one must be a citizen of Haiti who is at least 18-years-old. Voting is not
mandatory.
Sources
The source for this post comes from Haiti’s 1987 constitution with amendments through
to 2012 (constituteproject.org) and so should be as accurate as possible but of course
there is always the chance that I have missed something or misinterpreted parts and also
the constitution can be amended and this post eventually may become outdated and as
such it is recommended to cross-research if using this in a serious capacity.
Amendments to the constitution are proposed by the Executive Branch or either the
Chamber of Deputies or Senate, consideration of amendments requires a two-third
majority in both chambers, passage requires two-thirds majority in the National Assembly
(joint-sitting of both chambers) with at least two-thirds of members present and having
voted. Amendments that have passed are officially put into force after installation of the
next President of the Republic. Articles on the democratic and republican forms of
Government cannot be amended.
Next up will be the Government system of Honduras.
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