The Haitian people proclaim this constitution in order to:
Ensure their inalienable and imprescriptible rights to life, liberty and the pursuit of happiness; in conformity with the Act of Independence of 1804 and the Universal Declaration of the Rights of Man of 1948.
Constitute a socially just, economically free, and politically independent Haitian nation.
Establish a strong and stable State, capable of protecting the country's values, traditions, sovereignty, independence and national vision.
Implant democracy, which entails ideological pluralism and political rotation and affirm the inviolable rights of the Haitian people.
Strengthen national unity by eliminating all discrimination between the urban and rural populations, by accepting the community of languages and culture and by recognizing the right to progress, information, education, health, employment and leisure for all citizens.
Ensure the separation and the harmonious distribution of the powers of the State at the service of the fundamental interests and priorities of the Nation.
Set up a system of government based on fundamental liberties, and the respect for human rights, social peace, economic equity, concerted action and participation of all the people in major decisions affecting the life of a nation, through effective decentralization.
The Permanent Electoral Council
The Permanent Electoral Council is responsible for organizing and controlling with complete independence all electoral procedures throughout the territory of the Republic until the results of the election are announced.
The Council also drafts the Electoral Bill that it submits to the Executive Branch for the necessary purposes.
The Council sees to it that the electoral lists are kept up-to-date.
The Permanent Electoral Council consists of nine (9) members chosen from a list of three (3) names proposed by each of the Departmental Assemblies:
3 are chosen by the Executive Branch;
3 are chosen by the Supreme Court;
3 are chosen by the National Assembly.
The above-mentioned organs see to it as far as possible that each of the Departments are represented.
Members of the Permanent Electoral Council must:
1. Be native-born Haitians;
2. Have attained forty (40) years of age;
3. Enjoy civil and political rights and never have been sentenced to death, personal constraint or penal servitude or the loss of civil rights;
4. Have been relieved of their responsibilities if they have been handling public funds;
5. Have resided in the country at least three (3) years before their nomination.
Members of the Permanent Electoral Council are appointed for a nine (9) year nonrenewable period. They may not be removed from office.
One-third of the members of the Permanent Electoral Council are replaced every three (3) years. The President is chosen form among its members.
Before taking office, the members of the Permanent Electoral Council take the following oath before the Supreme Court;
"I swear to respect the Constitution and the provisions of the Electoral Law and to discharge my duties with dignity, independence, impartiality and patriotism."
In the event of a serious offense committed in the discharge of their duties, the members of the Permanent Electoral Council are liable for prosecution before the High Court of Justice.
The seat of the Permanent electoral Council is in the capital. Its jurisdiction extends throughout the territory of the Republic.
Members of the Permanent electoral Council may not hold any other public post, nor may they be a candidate of an elective post during their term.
In the event of dismissal, a member of the Council must wait three (3) years before he may run for an elective post.
The Permanent Electoral Council shall rule on all disputes arising either in elections or in the enforcement or the violation of the Electoral Law, subject to any legal prosecution undertaken against an offender or offenders before the courts of competent jurisdiction.
In the event of a vacancy caused by a depth, resignation or any other reason, the member shall be replaced following the procedure established in article 192 for the remainder of his term, taking into account the branch of government that had designated the member to be replaced.
The law determines the rules for organization and operation of the Permanent Electoral Council
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.
Within two weeks following ratification of this Constitution, the bodies or organizations concerned shall inform the Executive of the name of their representative.
If any of the above bodies or organizations does not appoint a member, the Executive shall fill the vacancy or vacancies.
The mission of the Provisional Electoral Council shall end when the President-elect takes office.
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).
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 dictatorship 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 again;
c. Any person denounced by public outcry for having inflicted torture on political prisoners or for having committed political assassinations.
The Provisional Electoral Council charged with receiving the registration of candidates, shall see to the strict enforcement of this provision