Publication errors in the Constitutional Law amending the 1987 Constitution: the RNDDH takes stock
- The Constitutional Law amending the 1987 Constitution was published in Le Moniteur no. 58 of May 13, 2011 with many errors.
- President Martelly ordered the published text withdrawn by an order in Le Moniteur no. 71 of June 3, 2011.
- The Constituent Assembly devoted three sessions, on 7, 8 and May 9, 2011, to finalizing the amendment.
- The amended Constitution sets a quota of at least 30 percent women at all levels of national life.
- It creates a Constitutional Council of nine members and a Superior Council of the Judiciary.
- The RNDDH recommends that President Martelly promulgate the 2011 Constitutional Law.
The RNDDH reviews how the Constitutional Law amending the 1987 Constitution was published in Le Moniteur with many errors, which led President Martelly to order the text withdrawn. It recalls the context: President Préval's criticism of the 1987 Constitution, the 2007 commission, the amendment declaration published in 2009, and the three Constituent Assembly sessions of 7, 8 and May 9, 2011. The text appeared in Le Moniteur no. 58 of May 13, 2011 and was withdrawn by an order in Le Moniteur no. 71 of June 3, 2011. The report notes gains such as the 30 percent quota for women, the Superior Council of the Judiciary and the Constitutional Council, and a negative point in the change to how the Permanent Electoral Council is formed.
A table compares the 1987 text, the proposals of the Legislature and the amendments adopted, on nationality, eligibility, mandates, the censure of the Prime Minister, the armed forces and the Constitutional Council. The RNDDH recommends that the President find a way to promulgate the 2011 Constitutional Law.
How to cite
National Human Rights Defense Network (RNDDH), 2011, Publication errors in the Constitutional Law amending the 1987 Constitution: the RNDDH takes stock, https://web.rnddh.org/wp-content/uploads/2012/04/Constitution-amend%C3%A9e-2011.pdf
- Rights holder
- Réseau National de Défense des Droits Humains (RNDDH)