Omar Bennett
Haiti has had many constitutions over the years, including in 1801, 1806, 1816, 1843, 1846, 1935, 1946, 1950, 1957, 1964, 1987, 2012, and 2023. The Haitian Constitution of 1801 named Citizen Toussaint Louverture as governor and general-in-chief of the army of Saint-Domingue. The 1987 constitution banned dual citizenship, while the 2012 constitution, which is currently in force, re-legalized it.
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What You'll Learn
The Haitian Constitution of 1801
Haiti has had a total of 22 constitutions throughout its history, with the latest one being approved by Parliament in 2011 and coming into effect in 2012. The first constitution was promulgated in 1801 under the leadership of Toussaint Louverture, who was the governor-general at the time. This constitution was short-lived, as Toussaint Louverture was one of the leaders of the revolutionary forces in the Haitian Revolution.
Furthermore, the Haitian Constitution of 1801 outlined the procedures in the event of a governor's failure to convene or absence due to death, resignation, or other reasons. In such cases, the highest-ranking active-duty general would provisionally assume the reins of government and convene other generals, commanders-in-chief, and members of the Central Assembly to nominate a new governor (Article 33).
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Haitian Constitution of 1806
Haiti has had 22 constitutions throughout its history. The Haitian Constitution of 1806 was the founding constitution of the Republic of Haiti. It was promulgated on 27 December 1806, following the assassination of Emperor Jacques I in October 1806, which led to the First Empire of Haiti's split into the Republic of Haiti in the south and the State of Haiti in the north.
The Constitution of 1806 was written largely by Alexandre Pétion, who served as the first president of the Republic of Haiti. Pétion would later revise the Constitution of 1806 in 1816, expanding his own power as President of the Republic of Haiti. The 1816 revision established Pétion as President for Life, restricted the legislature to only consider bills proposed by the president, and provided for laws by presidential order, except for taxation.
The Constitution of 1806 was preceded by the Constitution of 1805, which was an imperial constitution. The 1805 constitution was promulgated on 20 May 1805, and it followed the Haitian Declaration of Independence, which proclaimed the "state of Hayti" and established Jean-Jacques Dessalines as emperor.
The Constitution of 1806 was revised again in 1843 under the presidency of Hérard. This revision severely limited the power of the president relative to the 1816 revision. Despite these changes, discontent with Hérard's government remained high, and an armed revolt broke out in early 1844, leading to Hérard's replacement by Philippe Guerrier in May of that year.
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Haitian Constitution of 1987
Haiti has had 22 constitutions throughout its history, including the Haitian Constitution of 1987. This was later revised in 2012, with the latest version approved by Parliament in March 2011 and coming into effect on 20 June 2012.
The Haitian Constitution of 1987 aimed to establish a socially just, economically free, and politically independent Haitian nation. It sought to create a strong and stable state, capable of protecting the country's values, traditions, sovereignty, independence, and national vision. The constitution also aimed to implant democracy, which entailed ideological pluralism and political rotation, and affirm the inviolable rights of the Haitian people.
The 1987 Constitution also included provisions for compulsory civic service for both sexes, with the terms to be set by law. It established the conditions under which aliens could be admitted to or remain in the country and outlined their rights, including the right to own real property.
The document also outlined the rights and responsibilities of Haitian citizens, including the right to vote and hold public office, the suspension and loss of civil and political rights, and the obligation of the state to guarantee the right to life, health, and respect for all citizens. It abolished the death penalty and defined the crime of high treason.
The Haitian Constitution of 1987 also addressed freedom of expression and the press, guaranteeing the right to freely express opinions and exercise the profession of journalism within the framework of the law. It recognised the right of petition and freedom of religion, allowing all religions and faiths to be freely exercised.
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Haitian constitutional referendums
Haiti has had a long and often tumultuous constitutional history, with several referendums held over the years. The country's first constitution was written in 1801, and it has since undergone numerous revisions and changes.
The 1918 Haitian Constitutional Referendum
On June 12, 1918, a constitutional referendum was held in Haiti to approve or reject a new constitution imposed by the United States government. This constitution was introduced during the US occupation of Haiti, which began in 1915, and included provisions for direct elections of the Senate, freedom of assembly and the press, and trial by jury. It initially caused controversy by granting non-citizens the right to own land and allowing the American military to intervene in domestic politics. The National Assembly elected in 1917 refused to adopt the draft and created its own, removing the right of non-citizens to own land. The referendum resulted in a 99% approval rate, although with very low voter turnout, as less than 5% of the population voted.
The 1987 Constitution
The 1987 Constitution of Haiti was ratified in March of that year but faced a tumultuous history, being suspended from June 1988 to March 1989 and only fully reinstated in October 1994. This constitution banned dual citizenship, effectively preventing Haitian-Americans from running for president in Haiti.
In 2023, a controversial proposal to amend the 1987 Constitution sparked intense debates. Critics argued that the process lacked legitimacy, violated the Constitution's explicit prohibition of referendums as a method of amendment (Article 284-3), and risked further destabilising the country amid a security and sociopolitical crisis. Despite these concerns, the transitional government pushed forward with the referendum, drawing backlash from legal experts, political leaders, and civil society groups.
Other Referendums
Haiti has held several other constitutional referendums throughout its history, including in 1928, 1935, 1939, 1964, 1971, 1985, and 2023. The 2023 referendum was originally scheduled for June 27, 2021, but faced multiple postponements due to the COVID-19 pandemic, the assassination of President Jovenel Moïse, and a major earthquake. The referendum was eventually held in 2023, along with presidential and parliamentary elections.
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Rights and laws in the Haitian Constitution
Haiti has had 22 constitutions throughout its history, with the latest version of the document being approved by Parliament in March 2011 and coming into effect on June 20, 2012. This constitution re-legalized dual citizenship and allowed Haitians to run for political office, except for the offices of president, prime minister, senator, or member of the lower house of Parliament.
The 1987 Constitution, which was ratified in March 1987 but suspended from June 1988 to March 1989, banned dual citizenship and restricted Haitian-Americans from running for president in Haiti. This constitution also established a permanent constitutional court to resolve disputes between Parliament and the executive, and it mandated that 30% of government jobs be held by women.
The 1950 Constitution enfranchised women and established direct elections for the president. The 1946 Constitution, on the other hand, granted broad powers to Sténio Vincent, including the ability to succeed himself.
The 1806 Constitution created a bicameral legislature with a House of Representatives and a Senate, and it established Pétion as President for Life. This constitution also provided for laws by presidential order (except for taxation) and restricted the legislature to considering only bills proposed by the president.
The 1801 Constitution, Haiti's first, was promulgated under the short-lived government of then-Governor-General Toussaint Louverture, who had become a leader of the revolutionary forces in the Haitian Revolution. This constitution named Louverture as governor and established his right to choose his successor. It also guaranteed individual freedom and safety, stating that no one could be arrested except by a formally expressed order from an authorized functionary. Additionally, it asserted the sacredness and inviolability of property, with individuals having the free disposal and administration of their belongings.
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Frequently asked questions
The first Haitian Constitution was written in 1801.
The 1801 Haitian Constitution guaranteed individual freedom and safety, with Article 12 stating that no one could be arrested without a formally expressed order. It also protected property rights and established an agricultural focus for the economy.
Yes, Haiti has had multiple Constitutions over the years, including the ones from 1801, 1806, 1935, 1946, 1950, 1957, 1964, 1987, and 2012.
The 1987 Haitian Constitution banned dual citizenship, established a permanent constitutional court, and mandated that 30% of government jobs be held by women. It also guaranteed the right to life, health, and respect for all citizens.
The Haitian Constitution of 1806 established a bicameral legislature with a House of Representatives and a Senate. It also provided for automatic Haitian citizenship to any black, Indian, or person of mixed race residing in the nation for more than a year.
