Haitian Legislation (1804 - 2000)
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Page 1 Page 2 Ministry of Justice -~ "':.: -"~ for the development and Public Security CHRONOLOGICAL INDEX OF HAITIAN LEGISLATION (1804 - 2000) SEPTEMBER 2001 Page 3 © All rights reserved ISBN: 99935 - 38 - 02 - 7 This is an essay which does not claim to be exhaustive. A partial or total reproduction for collective use of this publication is strictly prohibited without the permission of the publisher. Ministry of Justice and Public Security and United Nations Development Program / Haiti. Port-au-Prince 2001 Page 4 SUMMARY Pages Abbreviations ................................................. ............................................... 9 Preface ................................................. .................................................. ... 11 Methodology . ... ... ... ... .. 13 Independence Act ............................................. ............................... 21 CHAPTER I: PUBLIC INTERNATIONAL LAW ................. 23 Section I: Instruments of a universal character .. ......................... 25 Section II: Regional instruments ........................... 49 Section III: Bilateral Agreements ............................................ ..... 56 CHAPTER II: HAITIAN PUBLIC LAW ............................... 79 Section I: Constitutional Law .. ........................................... ....... 81 Section II: Electoral Law ............................................. ................. 82 Section III: Administrative Law .................. ~ .......................... .......... 83 - Laws and Regulations on Central Public Administration 83 - Organic Laws or Regulations .......................................... 87 - Laws and Regulations on Administrative Districts and the Territorial Collectivities . 103 - Administrative Law of Goods ............................................ 112 - Public Health Legislation ................................... 118 - Laws and Regulations on Administrative Police ............... 120 Section IV: The Law of Education and Culture ................... 128 Section V: Tax Law ............................................ ............... 151 Section VI: Customs Law. 162 Section VII: Fundamental Rights ...........................................:. .... 169 CHAPTER III: PRIVATE LAW ............................................ ..... 171 Section I: Civil Law ............................................. ..................... 173 Section II: Commercial Law ............................................. ......... 187 Section III: Labor Law ............................................ .............. 200 Page 5 CHRONOLOGICAL INDEX OF HAITIAN LEGISLATION CHAPTER IV: PENAL LAW ............................................. .......... 203 Criminal Law ................................................ ....................................... 205 CHAPTER V: LEGISLATION OF A CHARACTER MISCELLANEOUS ................................................. .................... 217 Section I: Laws and Regulations on Judicial Institutions, Auxiliaries of Justice and the Liberal Professions. 219 Section II: Laws and Regulations on Industry and! 'Investis- sement ................................................. ....................... 229 Section III: General Laws and Regulations ........................... 235 Section IV: Maritime Law ............................................. .............. 237 Section V: Air Law ............................................. ................... 239 Section VI: Right to! '' Environment .......................................... 242 ANNEX ................................................. .............................................. 259 Page 6 ABBREVIATIONS • BBN'LE National Library •CC Civil Code • CIC Criminal Instruction Code • CP Penal Code • EMA School of Magistrates • FAO United Nations for Food and Agriculture • FIC Brothers of! 'Christian Instruction • UNFPA United Nations Population Fund • MAE Ministry of Foreign Affairs • MARNDR Ministry of Agriculture, Resources Natural and Rural Development • MC Ministry of Religious Affairs • MCFDF Ministry for the Status of Women and women's rights • MCI Ministry of Commerce and! 'Industry •ME Ministry of! 'Environment • MEF Ministry of Economy and Finance Page 7 CHRONOLOGICAL INDEX OF HAITIAN LEGISLATION • MENJS Ministry of National Education Youth and Sports • MHVE Ministry of Haitians Living in! 'Foreign •MID Ministry of! '' Interior • MT Ministry of Tourism • MTPTC Ministry of Public Works, Transport and Communications • UNDP United Nations Program for Development • UNESCO United Nations for! 'Education, Science and Culture • UNICEF UNICEF Page 8 PREFACE The fall of the Duvalier Government in 1986, the outcome of the struggle for Haitian people against the dictatorship, translated, with no doubt, the will to celui- ci to break with the old order and its aspirations for democracy. The break with the old order could not and cannot be conceived without the critical questioning of existing law, it is so obvious that it had was conceived as an instrument of repression in the service of Power. Therefore, the pro- problematic of the reform, even of the recasting of the Law, imposed itself as a imperative to the successive governments. The Minister of Justice and Public Security has, moreover, perceived this important fact in its Action Plan for the short, medium and long term claiming: " Because of the central role of justice in any rule of law, in all governance system and in development it is important to change in-depth justice and offer the necessary security guarantees to all Haitian citizens without distinction and to all investors interested in Haiti." The international community, especially the United Nations United, did not remain indifferent to the calls of the Haitian State requesting a technical assistance as part of its reform project. Thus, the United Nations Development Program (UNDP) has developed in consultation with Haitian partners, a supporting action plan to the justice focused on the issue of reform of Law and Justice. Considering reform in any area presupposes, at the prior, review of existing laws. It is no secret that among the most acute crises that Haiti knows, undoubtedly figures that of the obsolescence of the legislation Haitian. 11 Page 9 CHRONOLOGICAL INDEX OF HAITIAN LEGISLATION Indeed, despite the adage: "No one is supposed to ignore the law", the Justiciables, the judicial authorities and the auxiliaries of justice find it difficult to find references to Laws, the vast majority of which date from the last century. In concert with the political authorities of Haiti, the Program of Nations United for Development, in its Justice Project component, has agreed to compile all Haitian laws, without addressing the issue of the legislation in force or not. While it is true that many works of the same nature have certainly been carried out in several branches of the Law, the particularity of this is consolidate all legislation into a single document . This document will allow the different actors and decision makers involved in Justice Reform, or concerned with it, to have a global vision and specifies laws in Haiti, their promulgation dates and their applicability in time. This work, entitled "Index", is intended to be a useful working tool at the same time to legal practitioners, academics, civil society, who will benefit the most great profit, and, in general, to all those who are interested in evolution Law in Haiti. The Ministry of Justice and Public Security and the Program of The United Nations for Development (UNDP) hope that this Index Chronological is undoubtedly the catalyst for an update of the Haitian legislation in order to adapt it to the evolution of the Community, to Major International Instruments ratified by Haiti and to the Constitution of 29 March 1987. Mrs Diene KEITA Resident Representative ai and Public Security of the United Nations Program 12 Page 10 METHODOLOGY In order to adopt a consistent methodology, the Justice Project of the UNDP and the Ministry of Justice took primary account of the objectives of this research which can be summarized as follows: • Make available to the public, specialists, technicians jurists, Notaries, Surveyors, Civil Registry officers, Public Administration Managers, Researchers and civil society in general, parliamentarians, an index of national, regional and international laws, in a single document, respecting the chronology of publication in Official Journal: The Monitor. • Encourage and allow more in-depth reflections on the pro- problems related to the effective application of laws, their obsolescence or no. OVERALL METHODOLOGY The UNDP Justice Project and the Ministry of Justice held several working sessions in order to outline the method follow to carry out this research. From the point of view of legal and material issues, it was agreed to adopt the following solutions: • Compile all legal matters, the Great Instruments In- ternational, Regional and Bilateral Agreements. • Use a legal classification in standard legal standards. sics: - Public Law - Civil right Page 11 CHRONOLOGICAL INDEX OF HAITIAN LEGISLATION It should be noted that Criminal Law has been listed in a chapter different, insofar as its classification is not unanimous among jurists. • Use a special legal classification with regard to the Maritime Law, Air Law, and Laws of Various Character in a separate chapter to avoid any controversy relating to the classification cation: Public Law, Private Law. • Develop an index of Haitian legislation rather than a directory comprehensive