Publication errors in the Constitutional Law amending the 1987 Constitution: the RNDDH takes stock

Publication errors in the Constitutional Law amending the 1987 Constitution: the RNDDH takes stock

Summary: A October 27, 2011 RNDDH report on the errors found in the published Constitutional Law amending the 1987 Constitution. It sets the amendments proposed by the 48th Legislature beside those adopted by the National Constituent Assembly and recommends that President Martelly promulgate the law.
Key Findings
Full Description

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the 1987 Constitution was published in Le Moniteur with many errors, which led President Martelly to order the text withdrawn.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 The text appeared in Le Moniteur no. 58 of May 13, 2011 and was withdrawn by an order in Le Moniteur no. 71 of June 3, 2011.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.

Sectors
Geography
Time Coverage
2007 to 2011-10-27

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)