(1987-04) Constitution of the Republic of Haiti (1987), Le Moniteur official reproduction — Titles I-III: the Republic, nationality, and fundamental citizen rights
Summary — The official Le Moniteur reproduction (No. 36, 28 April 1987) of Haiti's 1987 Constitution — the founding charter of the post-Duvalier democratic transition, adopted by referendum and still in force (as amended in 2011/2012). This extract covers the preamble and Titles I-III: the Republic's name, symbols and territory; nationality rules; and fundamental civil, political and personal-liberty rights.
Key Findings
- Explicitly bans the cult of personality in a constitutional provision (Article 7), directly repudiating the Duvalier regime's practice.
- Prohibits dual nationality in absolute terms (Article 15), a rule later reversed by the 2011/2012 amendment.
- Abolishes the death penalty in all matters (Article 20).
- Establishes Creole and French as co-official languages (Article 5), constitutionally recognizing Creole for the first time.
- Sets a 48-hour habeas corpus limit before a detainee must appear before a judge (Article 26).
Full Description
This document is the official gazette reproduction of the 1987 Constitution of Haiti, printed in a special Le Moniteur issue in the immediate aftermath of its adoption by popular referendum in March 1987, following the fall of the Duvalier dictatorship. The preamble frames the Constitution's purposes: restoring a stable State, eliminating discrimination between town and countryside, guaranteeing inalienable rights, ending the cult of personality, and instituting a democratic regime based on pluralism and human rights. Title I establishes Haiti as an indivisible, sovereign, cooperatiste republic with Port-au-Prince as capital, blue-and-red national colors, the Palmiste coat of arms, Creole and French as official languages (Article 5), the gourde as national currency, and (unusually) an explicit constitutional ban on the cult of personality (Article 7 — no living person's image on currency, stamps or public buildings). Title II defines Haitian nationality rules, including the strict single-nationality rule (Article 15: no dual Haitian-foreign nationality permitted in any case) that would later be a central target of the 2011/2012 amendment. Title III sets out fundamental rights and duties: the right to life and health (Article 19), abolition of the death penalty (Article 20), a definition of high treason (Article 21), rights to housing, education, food and social security (Article 22), individual liberty and due-process guarantees for arrest and detention including a 48-hour habeas corpus rule (Articles 24-27), freedom of expression and press with source-protection for journalists (Article 28), the right of petition (Article 29), freedom of conscience and worship (Article 30), and freedom of association and assembly (Article 31).