constitution - Haiti Observer Blog

The island of Haiti has been at the mercy of U.S. interests since the mid-1800s. In a greedy move, it appropriated the island of La Navase, just off the coast of Hispaniola. This action violated Haiti's 1801 Constitution that declares La Navase as one of its possessions.

The takeover of La Navase occurred in 1857 after U.S. Congress enacted Guano Islands Act in 1856. Because La Navase contains large deposits of guano over most of its terrain, any U.S. citizen could take possession of it. Guano, at that time, was a highly-prized fertilizer made from bird droppings.

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After the reign and eventual ousting of Jean-Claude Duvalier from the president's chair in 1986, a new constitution was need for Haiti to move forward. Louis Noisin served as one of the builders of this new group of fundamental laws, a contribution that was awarded two years later in January of 1988 when he was made a senator.

As irony would have it, Noisin only served four months on the seat before being himself dismissed amidst the deposing of President Leslie Manigat. It had been speculated that the entire election process had been rigged and a military junta proceeded to unseat the Haitian president and the president of the senate. It had been a bitter pill for Noisin, who said he had been hopeful for a new era for Haiti. Three months following the military coup which unseated him, Noisin left Haiti amidst growing danger.

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Elie Lescot became Haiti's 31st president in 1941. Born into the mulatto elite class, Lescot began his political career after the death of his wife. He served in the Chamber of Deputies, Parliament's lower house, later becoming a political appointee under presidents Borno and Vincent.

His position as Ambassador to the Dominican Republic (DR) led him to become an ally of DR President Trujillo. Trujillo's political capital helped Lescot win the presidency, despite the Chamber of Deputies opposition of him.

Elie Lescot immediately wielded power by installing himself as Commander of the Military Guard and populating government posts with Caucasian and mulatto elites. Haiti's majority black populace detested him for his prejudice.

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Dumarsais Estime, Haiti's 33rd president, held office for four years. His presidency is notable because he was the first black leader elected after the U.S. occupation ended in 1934.

Although Estimé married a mulatto elite, his determined educated blacks were to make up the majority of his administration's political appointees. Reversing mulatto elite influence, he championed an education initiative, building schools in poverty-ridden villages and offering advanced teacher-training. This effort created a 45% rise in elementary school attendance.

Dumarsais Estime's agenda included road-construction projects, literacy programs, and improving community services. He also amended the Constitution to provide workers the right to form unions and raised the minimum wage.

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Charles Riviere-Herard seized power as Haiti's 5th president in 1843, after staging a coup. His reason was the amended 1843 Constitution, passed without his knowledge. Hérard ruled for one year, plagued by two civil uprisings, and failure to repossess the Dominican Republic (DR) as part of Haiti's empire.

During the battle to re-establish Haitian rule over the DR, insurgents were gathering in rural Les Cayes. Known as the Army of the South, they fought to capture Port-au-Prince in a coup attempt. But they did not succeed. In the meantime, another uprising was fomenting in northern Haiti, incited by opposition to Charles Riviere-Herard's government. Confronted with the latest effort to unseat him from office, he tried to maintain control by breaking up Parliament and banning the amended 1843 Constitution. After dissolution of his government, he fled from office and exiled himself to Jamaica where his life ended.

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Title I. Abolishes slavery, grants residents full citizenship rights, protects property, and administers the death penalty for murder.

Title II. Sets up organization of government, appointing Henry Christophe President and Commander-in-Chief of the military. Empowers him to appoint his successor, sign treaties, and declare war.

Title III. Establishes Council of State and its functions under the President. Creates an Office of the Budget, presided over by a Budget Finance Director.

Title IV. Budget Finance Director shall also handle administration of Navy and Interior.

Title V. Creates a Secretary of State responsible for all intra- and inter-departmental correspondence, preparation of official government documents, and co-signatory duties.

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François Duvalier, Haiti's 40th President, raised in a prosperous family and well-educated, obtained his medical degree from the University of Haiti. He was a compassionate public-health official, who brought relief to Haitians suffering outbreaks of tropical illnesses. This earned him the name Papa Doc. He retained it forever, using it as a tool of manipulation.

After Duvalier returned from exile (due to a coup of a political ally), he ran on a populist platform for the presidency. Supported by the Haitian Army, he attacked mulatto elites, aligning himself with black nationals. He won the election against Déjoie, a mulatto real-estate tycoon.

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The Constitution of Saint-Domingue Haiti was signed in 1801 by Governor-General for Life Toussaint L'Ouverture, the ruler of Hispaniola before Haiti became a republic.

Title I. Refers to the colony of Saint-Domingue, the seat of cities and neighboring islands, subject to French rule. Sets up the divisions of departments, arrondissements, and parishes.

Title II. Abolishes slavery, introduces anti-discrimination rules, and employment rights.

Title III. Establishes Christianity as the official religion of the colony. Forbids men of God from organizing for political reasons.

Title IV. Protects the legal rights of spouses as long as they remain faithful and their children born of their sanctified or civil union.

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Electoral crisis has plagued Haiti recently and President Michel Martelly was held responsible for this crisis by the Human Rights Organization during a joint press conference held 6th March 2013. President Martelly was condemned of Supreme Council of the Judiciary for manipulating the Chief Justice, Alexis Joseph. This denouncement came from heads of organizations like National Episcopal Commission for Justice and Peace, National Network for the Defense of Human Rights and Platform for Haitian Human Rights.

Chief Justice Joseph did prove that he was manipulated by the Martelly administration but his legitimacy is questioned because of his age. The Human Rights Organization asked the President to cancel the August 15, 2012 decree that appointed the electoral council's 6 members as it was against Haitian Constitution that required 9 members.

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The government of Haiti GOH) has passed almost as many constitutions as it has survived coup d'etats. Haiti's current Constitution, passed in 2012, is the 23rd one written into law.

The first Constitution of Saint-Domingue in 1801 appointed General Toussaint L'Ouverture as ruler for life. It also put an end to slavery, democratized hiring practices, and prohibited all religions except Catholicism. The 1805 Constitution allowed all forms of religious faith and approved reverse-race discrimination, calling all citizens black. The 1807 Constitution removed the reverse-race discrimination clause.

In 1816, the 1806 Constitution was revived, declaring President Alexandre Pétion President for Life. It also gave him unilateral power over Parliament. But under Jean-Baptiste Riché, the 1816 Constitution was put into effect again.

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