CONSTITUTION OF THE REPUBLIC OF HAITI

Chapter II - The Legislative Branch

Chapter III - The Executive Branch

Chapter IV - The Judiciary

Chapter V - The High Court of Justice

Section A - Communal Sections

Section B - Communes

Section C - Arrondissements

Section D - Departments

Section E - Delegates and Vice-Delegates

Section F - Interdepartmental Council

ARTICLE 61:

The territorial divisions are the Communal Sections, the Communes and the Departments.

The law may create any other territorial division.

The Communal Section is the smallest administrative territorial entity of the Republic.

Each Communal Section is administered by a council of three (3) members elected by universal suffrage for (4) years. They may be re-elected an indefinite number of times.

Their mode of organization and operation is regulated by law.

The Administrative Council of the Communal Section is assisted in its work by an Assembly of the Communal Section.

The State is obligated to establish for each Communal Section the structures required for social, economic, civic and cultural training of its population.

Members of the Administrative Council of the Communal Section must:

a) Be Haitians and be at least twenty-five (25) years of age;

b) Have resided in the Communal Section for two (2) years before the elections and continue to reside there;

c) Enjoy civil and political rights and never have been sentenced to death, personal restraint or penal servitude or the loss of civil rights.

Communes have administrative and financial autonomy. Each Commune of the Republic is administered by a Council, known as the Municipal Council, of three (3) members elected by universal suffrage.

The President of the Council is assisted in its work by a Municipal Assembly composed, among others, of a representative of each of its Communal Sections.

The Municipal Council is assisted in its work by a Municipal Assembly composed, among others, of a representative of each of its Communal Sections.

The Municipal Council's term is four (4) years, and its members may be re-elected for an indefinite number of terms.

The mode of organization and operation of the Communes and Municipal Council are regulated by law.

Members of a Municipal Council must:

a) Be Haitians;

b) Have attained twenty-five (25) years of age;

c) Enjoy civil and political rights;

d) Have never been sentenced to death, personal restraint or penal servitude or the loss of civil rights;

e) Have resided at least three (3) years in the Commune and undertake to reside there for the duration of their term.

Each Municipal Council is assisted at its request by a Technical Council furnished by the Central Government.

The Municipal Council may be dissolved for negligence, embezzlement, or maladministration, legally determined by a court of competent jurisdiction.

If it is dissolved, the Department Council shall immediately fill the vacancy and call upon the Permanent Electoral Council to elect, in sixty (60) days starting from the date the Council is dissolved, a new Council and shall manage the affairs of the Commune for the remainder of the term. This procedure also applies to vacancies occurring for any other reason.

The Municipal Council manages its resources for the exclusive benefit of the Municipality and renders its accounts to the Municipal Assembly, which in turn reports to the Department Council.

The Municipal Council has priority in management of that State's real property in the private domain located within the limits of its Commune. They may not be subject to any transaction without the prior consent of the Municipal Assembly.

The Arrondissement is an administrative division that may comprise several Communes. Its organization and operations are governed by law.

The Department is the largest territorial division. It comprises the Arrondissements.

The Department has legal personality and is autonomous.

Each Department is administered by a Council of three (3) members elected for four (4) years by the Departmental Assembly.

Members of the Departmental Council are not necessarily drawn from the Assembly, but they must:

a) Be Haitians and at least twenty-five (25) years of age;

b) Have resided in the Department three (3) years before the election and undertake to remain there during their term;

c) Enjoy civil and political rights and have never been sentenced to death, personal restraint, or penal servitude or the loss of civil rights.

The Departmental Council is assisted in its work by a Departmental Assembly made up of:

One (1) representative from each Municipal Assembly.

The following may attend Assembly meetings in an advisory capacity:

a) Deputies and Senators of the Department;

b) One (1) representative of each socio-professional association or union;

c) The Departmental Delegate;

d) The Director of Public Services of the Department.

The Departmental Council draws up the Department's development plan in cooperation with the Central Government.

The organization and operations of the Departmental Council and the Departmental Assembly are regulated by law.

The Departmental Council manages its financial resources for the exclusive benefit of the Department and renders its accounts to the Departmental Assembly, which in turn reports to the Central Government.

The Departmental Council may be dissolved in the event of embezzlement or maladministration legally determined by a court of competent jurisdiction.

If it is dissolved, the Central Government appoints a Provisional Commission and calls upon the Permanent Electoral Council to elect a new Council for the remainder of the term within sixty (60) days of the dissolution.

In each Departmental Capital, the Executive Branch appoints a Representative, who bears the title of Delegate. A Vice Delegate placed under the authority of the Delegate is also appointed in each Arrondissement Capital.

Delegates and Vice Delegates ensure coordination and control of public services and exercise no repressive police functions.

Other duties of Delegates and Vice Delegates are determined by law.

The Executive is assisted by an Interdepartmental Council, the members of which are designated by the Departmental Assemblies on the basis of one (1) per Department.

This Representative chosen from among the members of the Departmental Assemblies serves as liaison between the Department and the Executive Branch.

The Interdepartmental Council, in concert with the Executive, studies and plans projects for decentralization and development of the country from the social, economic, commercial, agricultural and industrial standpoint.

It attends working meetings of the Council of Ministers, when they discuss subjects mentioned in the preceding paragraph, and has the right to vote.

Decentralization must be accompanied by deconcentration of public services with delegation of power and industrial decompartmentalization for the benefit of the departments.

The law determines the organization and operation of the Interdepartmental Council, and the frequency of the meetings of the Council of Ministers, in which it participates.