CONSTITUTION
OF THE REPUBLIC OF HAITI
TITLE
XIV
TEMPORARY
PROVISIONS
ARTICLE 285:
The National
Council of Government shall remain in operation up to February 7, 1988,
the date of the investiture of the President of the Republic elected
under this Constitution, in accordance with the electoral timetable.
ARTICLE
285-1:
The National
Council of Government is authorized to issue in the Council of Ministers,
pursuant to the Constitution, decrees having the force of law until
the Deputies and Senators elected under this Constitution take up their
duties.
ARTICLE
286:
Every Haitian
who has adopted a foreign nationality during the twenty-nine (29) years
prior to February 7, 1986, may, by a declaration made to the Ministry
of Justice within two (2) years after publication of the Constitution,
recover his Haitian nationality with the advantages deriving therefrom,
in accordance with the law.
ARTICLE
287:
In light
of the situation of Haitians that have become expatriates voluntarily
or involuntarily, the deadlines for residence stipulated in this Constitution
are extended for a full year for the next elections.
ARTICLE
288:
When the
next elections are held, the term of the three (3) Senators elected
for each Department shall be established as follows:
a) The
Senator who has received the largest number of votes shall have a
term of six (6) years;
b) The
Senator receiving the second largest number of votes shall have a
term of four (4) years;
c) The
Senator in third place shall be elected for two (2) years.
Following
this, each elected Senator shall have a term of six (6) years.
ARTICLE
289:
Awaiting
the establishment of the Permanent Electoral Council provided for in
this Constitution, the National Council of Government shall set up a
Provisional Electoral Council of nine (9) members, charged with drawing
up and enforcing the Electoral Law to govern the next elections, who
shall be designated as follows:
1) One
for the Executive Branch, who is not an official;
2) One
for the Episcopal Conference;
3) One
for the Advisory Council;
4) One
for the Supreme Court;
5) One
for agencies defending human rights, who may not be a candidate in
the elections;
6) One
for the Council of the University;
7) One
for the Journalists Association;
8) One
for the Protestant religions;
9) One
for the National Council of Cooperatives.
ARTICLE
289-1:
Within
two weeks following ratification of this Constitution, the bodies or
organizations concerned shall inform the Executive of the name of their
representative.
ARTICLE
289-2:
If any
of the above bodies or organizations does not appoint a member, the
Executive shall fill the vacancy or vacancies.
ARTICLE
289-3:
The mission
of the Provisional Electoral Council shall end when the President-elect
takes office.
ARTICLE
290:
The members
of the first Permanent Electoral Council shall divide among them by
lot the terms of nine (9), six (6), and three (3) years, stipulated
for replacement of the Council by thirds (1/3).
ARTICLE
291:
For ten
(10) years following publication of this Constitution, and without prejudice
to any criminal action or civil suit for damages, none of the following
may be candidates for any public office:
a) Any
person well known for having been by his excess zeal one of the architects
of the dictatorships and of its maintenance during the last twenty
nine (29) years;
b) Any
accountant of public funds during the years of the dictatorship concerning
whom there is presumptive evidence of unjustified gain;
c) Any
person denounced by public outcry for having inflicted torture on
political prisoners in connection with arrests and investigations
or for having committed political assassinations.
ARTICLE
292:
The Provisional
Electoral Council charged with receiving the registration of candidates,
shall see to the strict enforcement of this provision.
ARTICLE
293:
All decrees
expropriating real property in urban and rural areas of the Republic
of the last two (2) Haitian governments for the benefit of the State
or companies in the course of incorporation shall be annulled if the
purpose for which such actions were taken has not been attained during
the last 10 years.
ARTICLE
293-1:
Any individual
who was the victim of confiscation of property or arbitrary dispossession
for political reasons during the period from October 22, 1957 to February
7, 1986, may recover his property before the court of competent jurisdiction.
In such
cases, the procedure shall be expedited as for emergency matters, and
the decision may be appealed only to the Supreme Court.
ARTICLE
294:
Sentences
to death, personal restraint or penal service or the loss of civil rights
for political reasons from 1957 to 1986 shall constitute no impediment
to the exercise of civil and political rights.
ARTICLE
295:
Within
six (6) months starting from the time the first President elected under
the Constitution of 1987 takes office, the Executive Branch is authorized
to proceed to carry out any reforms deemed necessary in the Government
Administration in general and in the Judiciary.
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