Chapter II - The Superior Court of Auditors and Administrative Disputes

Chapter III - The Conciliation Commission

Chapter IV - Protection of Citizens

Chapter V - The University - The Academy - Culture

ARTICLE 191:

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 Haitian;

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 from 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 for 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 death, 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.

ARTICLE 200:

The Superior Court of Auditors and Administrative Disputes is an independent and autonomous financial and administrative court. It is responsible for administrative and jurisdictional control of Government receipt and expenditures, verification of the accounts of the Government enterprises and of the territorial divisions.

The Superior Court of Auditors and Administrative Disputes hears cases against the State and the territorial divisions, the Administration and Government officials, public services and citizens.

Its decisions are not subject to appeal, except to the Supreme Court.

The Supreme Court of Auditors and Administrative Disputes comprises two (2) sections:

1) The Financial Control Section;

2) The Administrative Disputes Section.

The Superior Court of Auditors and Administrative Disputes participates in drawing up the budget and is consulted on all matters concerning legislation on public finances and on all draft financial or commercial contracts, agreements and conventions to which the State is a party. It has the right to conduct audits in all Government agencies.

Members of the Superior Court of Auditors and Administrative Disputes must:

a) Be Haitian and never have renounced their nationality;

b) Have attained thirty-five (35) years of age;

c) Have been relieved of their responsibilities if they have been handling public funds;

d) Have a Bachelor of Law degree, be a certified public accountant or hold an advanced degree in government administration, economics or public finance;

e) Have five (5) years experience in public or private administration;

f) Enjoy civil and political rights.

Candidates for membership on the Court shall submit their applications directly to the Office of the Senate of the Republic. The Senate elects the ten (10) members of the Court, who select the Court's President and Vice President from among them.

Court members have a ten (10) year term and may not be removed.

Before taking office, the members of the Superior Court of Auditors and Administrative Disputes shall take the following oath before a section of the Supreme Court:

"I swear to respect the Constitution and the laws of the Republic, to discharge my duties properly and loyally and to conduct myself at all times with dignity."

Members of the Superior Court of Auditors and Administrative Disputes are under the jurisdiction of the High Court of Justice for any serious offenses committed in the discharge of their duties.

The Superior Court of Auditors and Administrative Disputes shall submit each year to the Legislature within thirty (30) days following the opening of the first legislative session a complete report on the country's financial situation and on the efficacy of Government expenditures.

The organization of the above-mentioned court, its membership regulations and its mode of operation are established by law.

ARTICLE 206:

The Conciliation Commission is responsible for setting disputes between the Executive Branch and the Legislature and the two (2) Houses of the Legislature. Its members are as follows:

a) The President of the Supreme Court - President;

b) The President of the Senate - Vice President;

c) The President of the House of Deputies - Member;

d) The President of the Permanent Electoral Council - Member;

e) The Vice President of the Permanent Electoral Council - Member;

f) Two (2) members designated by the President of the Republic - Member

The mode of operation of the Conciliation Commission is determined by law.

ARTICLE 207:

An office known as the OFFICE OF CITIZEN PROTECTION is established to protect all individuals against any form of abuse by the Government.

ARTICLE 207-1:

The office is directed by a citizen bearing the title of PROTECTOR OF CITIZENS. He is chosen by consensus of the President of the Republic, the President of the Senate and the President of the House of Deputies. His term is seven (7) years and may not be removed.

His intervention on behalf of any complainant is without charge, whatever the court having jurisdiction might be.

A law sets the conditions and regulations for the operation of the Office of Citizen Protection.

ARTICLE 208:

Higher education is free. It is provided by the University of the Haitian State (Université d'Etat d'Haïti), which is autonomous and by the superior public schools and the superior private schools accredited by the State.

The State must finance the operation and development of the Haitian State University and the public superior schools. Their organization and their location must be planned from the perspective of regional development.

ARTICLE 210:

The establishment of research centers must be encouraged.

Authorization for operation of universities and private superior schools is subject to the technical approval of the Council of the State University, to a majority of Haitian participation in the capital and faculty, and to the obligation to teach primarily in the official language of the country.

The universities and the private and public superior schools provide academic and practical instruction adapted to the trends and requirements of national development.

An organic law regulates the establishment, location and operation of universities and public and private superior schools in the country.

ARTICLE 213:

A Haitian Academy shall be established to standardize the Creole language and enable it to develop scientifically and harmoniously.

Other academies may be established.

The title Academy Member is purely honorific.

The law shall determine the mode of organization and operation of academies.

Archaeological, historical, cultural, folklore and architectural treasures in the country, which bear witness to the grandeur of our past, are part of the national heritage. Consequently, monuments, ruins, sites of our ancestors' great feats of arms, famous centers of our African beliefs, and all vestiges of the past are placed under the protection of the State.

The law determines special conditions for this protection in each sphere.