Haiti – Proposed constitutional amendments

In Haiti President Préval has submitted a long list of constitutional amendments to the Chamber of Deputies and the Senate. This is the beginning of the end of the process that started earlier this year with the creation of the Constitutional Commission (see previous post).

The text of the president’s proposals are available in French here. A report on the Haiti Analysis blog gives an overview of the situation. A total of 96 of the 1987 constitution’s 298 articles are to be amended and 28 abolished.

Despite all the proposed changes, the reforms only tweak at the edges of Haiti’s semi-presidentialism. There are some changes to the way in which the PM is appointed and approved by the legislature. There are some minor changes of wording to the powers of the president. There are also some changes to the method of election of deputies as well as to their mandate. The big changes concern the creation of a Constitutional Council and reforms concerning dual nationality.

The process of reforming the constitution is quite complicated. Here is the text of the constitution:

ARTICLE 282:
On the recommendation, with reason given to support it, of one of the two (2) Houses or of the Executive Branch, the Legislature may declare that the Constitution should be amended.

ARTICLE 282-1:
This declaration must be supported by two-thirds (2/3) of each of the two (2) Houses. It may made only in the course of the last Regular Session of the Legislative period and shall be published immediately throughout the territory.

ARTICLE 283:
At the first session of the following legislature period, the Houses shall meet in a National Assembly and decide on the proposed amendment.

ARTICLE 284:
The National Assembly may not sit or deliberate on the amendment unless at least two-thirds (2/3) of the members of each of the two (2) Houses are present.

ARTICLE 284-1:
No decision of the National Assembly may be taken without a majority of two-thirds (2/3) of the votes cast.

ARTICLE 284-2:
The amendment passed may enter into effect only after installation of the next elected President. In no case may the President under the Government that approved the amendment benefit from any advantages deriving the reform.

So, the president has submitted reforms to the legislature (Art. 282). Both houses of the legislature have approved the reform proposals by a two-thirds majority (Art. 282-1). The legislature will now convene in January to vote on whether to change the constitution.

Leave a Reply

Your email address will not be published. Required fields are marked *