(2005-07) Decree Revising the General Statute of the Civil Service
Summary — Signed by Provisional President Boniface Alexandre and published as a special edition of Le Moniteur (No. 7, 22 July 2005), this decree revises Haiti's General Statute of the Civil Service on the report of the Prime Minister, defining permanent and non-permanent public agent categories, establishing the civil-service governance bodies, and creating a national school for senior civil-service training.
Key Findings
- Distinguishes permanent civil-service positions from non-permanent (temporary, vacataire, daily) ones, and formally bars indefinite-duration public contracts.
- Establishes the Conseil Supérieur de l'Administration et de la Fonction Publique, chaired by the Prime Minister with seven named ministries as members, to set civil-service policy.
- Creates the Office du Management et des Ressources Humaines (OMRH) as the operational body for recruitment, career files, discipline, transfers and dismissal proposals.
- Creates the École Nationale d'Administration et de Politiques Publiques (ENAPP) to train senior civil-service cadres, under the Conseil Supérieur's authority.
- Requires recruitment by competitive examination as the general rule and formally bars holding multiple salaried public posts except in teaching.
Full Description
This decree, published as a special edition of Le Moniteur (No. 7, 160e Année) on 22 July 2005, revises Haiti's General Statute of the Civil Service to clarify civil servants' rights and guarantees, their duties toward the State and the public, and the disciplinary consequences of breaches. It distinguishes permanent public employment (held by tenured 'fonctionnaires') from non-permanent employment (held by 'contractuels' who may be temporary, vacataire, or daily), formally barring indefinite-duration public contracts and limiting the cumulation of salaried public posts (except in teaching).
Governance of the civil service is assigned to the Conseil Supérieur de l'Administration et de la Fonction Publique, chaired by the Prime Minister with the ministers of Economy and Finance, Interior, Education, Agriculture, Justice, Health, and Women's Affairs as members, which formulates and evaluates general government policy on public administration and human resources. The Office du Management et des Ressources Humaines (OMRH) handles operational matters including recruitment, career files, tenure proposals, evaluation, promotion, discipline (short of reprimand/warning), transfers and dismissal for professional insufficiency, working alongside ministries' own HR directorates. The decree also creates the École Nationale d'Administration et de Politiques Publiques (ENAPP), under the Conseil Supérieur's authority, to prepare senior civil-service cadres, with recruitment for permanent posts generally requiring a competitive examination.