Haiti's 1987 Constitution
The Supreme Law of the Land
Do you know what rights the Constitution guarantees you?
A constitution is a country's supreme law – the highest rules that exist. It defines:
- How government is organized
- What powers each branch of government has
- What rights citizens have
- Limits on government power
- How to change the constitution
The Most Important Rule
All laws, decrees, and government actions must conform to the constitution. If they don't, they are illegal.
Check Your Understanding
What does a constitution define?
1804-1987: Multiple Constitutions
Since independence in 1804, Haiti has had 23 different constitutions. Each new government or regime wrote their own constitution to reflect their power.
Many of these constitutions were authoritarian – they concentrated power in the hands of one or a few people. The Duvalier dictatorship (1957-1986) used constitutions to give themselves absolute power.
1987: A New Beginning
After the fall of Jean-Claude 'Baby Doc' Duvalier in 1986, the Haitian people wrote a new constitution. The 1987 Constitution symbolized:
Rejection of Dictatorship
No more unlimited power for one person
Return to Democracy
The people choose their leaders
Protection of Human Rights
Guarantee freedoms and fundamental rights
Separation of Powers
Three independent branches
29 Mas 1987
Citizens voted to approve the new constitution by referendum. This is the constitution still in effect today.
The Constitution has 298 articles divided into 15 titles:
I-IV
- I. The Republic of Haiti – Its Emblem and Its Symbols
- II. Haitian Nationality
- III. The Citizen – Basic Rights and Duties
- IV. Aliens
V-VIII
- V. National Sovereignty (chapters on the Legislative, Executive, and Judicial branches)
- VI. Independent Institutions (such as the Permanent Electoral Council)
- VII. Public Finance
- VIII. The Civil Service
IX-XII
- IX. Economics and Agriculture
- X. The Family
- XI. The Armed Forces and the Police
- XII. General Provisions
XIII-XV
- XIII. Amendments to the Constitution
- XIV. Transitional Provisions
- XV. Final Provisions
1. Separation of Powers
The Constitution divides power among three independent branches:
Executive Power
- President (elected for 5 years)
- Prime Minister
- Ministers (cabinet)
- Execute laws
Legislative Power
- Senate (30 Senators, 6 years)
- Chamber of Deputies (119 Deputies, 4 years)
- Create laws
- Vote on budget
Judicial Power
- Court of Cassation (the country's highest court)
- Courts of Appeal
- Courts of First Instance
- Interpret laws
2. Limits on Presidential Power
The 1987 Constitution was created to prevent another dictatorship:
- President serves for 5 years
- Cannot serve two consecutive terms
- Must wait 5 years after term ends before running again
- Minimum age for candidates: 35 years (Art. 135) – there is no upper age limit
3. Official Languages
This is a historic victory. For the first time, Creole – the language the majority speaks – is recognized as an official language equal to French.
Check Your Understanding
What limits does the Constitution place on the President?
Title III of the Constitution is dedicated to protecting human rights. Some important articles:
'All Haitians are equal before the law. The exercise of their rights is recognized without discrimination.'
'The State is obliged to guarantee the right to life for all citizens without exception.'
'The death penalty is abolished in all cases.'
An Important Step
Haiti is one of the countries that has completely abolished the death penalty (Art. 20, 1987 Constitution).
'All Haitians have the right to express their ideas freely in all areas by all means they choose.'
'The State guarantees the right to education. It oversees the physical, intellectual, moral, professional, social, and civic education of the population.'
Article 36 recognizes and guarantees the right to private property for everyone.
Article 55 permits foreigners residing in Haiti to own real property for their residence or business needs, but under conditions set by law – for example, there are limits on how much property they may hold, and this right ends five years after the foreigner permanently leaves the country.
In 2011-2012, Parliament voted to amend certain articles of the constitution.
Dual Nationality (Article 15)
Before
Haitians who took other nationality lost their Haitian citizenship.
After
Haitians can have dual nationality without losing Haitian citizenship.
Importance for Diaspora
This allowed the diaspora – millions of Haitians living abroad – to keep their citizenship even if they get American, Canadian, or other passports.
The 1987 Constitution looks good on paper, but implementation is difficult:
Limited Implementation
Many articles never implemented. Constitutional institutions don't exist or don't function.
Institutional Crisis
Today (2026), Haiti is in a constitutional crisis:
- No functioning Parliament since January 2023 (the Chamber of Deputies' terms had already lapsed in January 2020)
- No elected President since July 2021 (assassination of President Jovenel Moïse)
- The Transitional Presidential Council (CPT) governed the country until it dissolved on February 7, 2026; since then, acting Prime Minister Alix Didier Fils-Aimé has been the sole executive under the 'National Pact for Stability and the Organization of Elections' – these arrangements are not in the constitution
- The new-constitution and referendum project was abandoned in October 2025 – the elections will be held under the 1987 Constitution
- The Provisional Electoral Council (CEP) has published a calendar: the first round of elections is scheduled for August 30, 2026, with a second round on December 6, 2026
Language Problem
Despite Article 5 declaring Creole an official language, all laws, decrees, and judgments published only in French. The majority cannot read official documents.
Conflicting Interpretations
No functioning Constitutional Court to resolve disputes. Political actors use constitution to justify their positions.
Check Your Understanding
What is one of the biggest constitutional challenges in Haiti?
Title XIII (Articles 282-284) defines the procedure for amending the Constitution:
Step 1: Initiative
Under Article 282-1, only these institutions may initiate an amendment:
- The Executive Branch
- Either chamber of Parliament (the Chamber of Deputies or the Senate)
Step 2: Parliament's Declaration
- Parliament declares that the Constitution should be amended
- The declaration must be supported by 2/3 of the members of each chamber (Art. 282-1)
Step 3: New Legislature
- At the first session of the following legislature, the two chambers meet together as the National Assembly
Step 4: National Assembly Vote
- The National Assembly decides on the amendment (Art. 283)
- A 2/3 majority is required for the amendment to pass
- The amendment takes effect only after the installation of the next elected President (Art. 284-2)
Referendum: Forbidden!
- Article 284-3 expressly forbids any popular consultation aimed at amending the Constitution by referendum
What cannot be changed
Article 284-4 states that no amendment may affect the democratic and republican character of the State.
Why is the Constitution Important?
1. Protects Citizens
The Constitution guarantees your rights. It limits what government can do against you.
2. Establishes Rules
It defines how the country should function – who does what, who has what power, what limits.
3. Prevents Abuse of Power
It divides power to prevent one person or group from having too much power.
4. Provides Stability
Constitution is difficult to change. This gives the country legal stability.
Our Responsibilities as Citizens
The Constitution is only good if citizens:
Know it
Read the constitution. Understand your rights.
Defend it
Speak up when government violates it.
Respect it
Follow the rules just as you ask others to do.
Participate
Vote, organize, demand accountability.
Conclusion
The Constitution is for all of us. The responsibility to make it respected is also for all of us.
Congratulations!
You've completed learning about Haiti's 1987 Constitution. Now you know your rights!