Legislative
Constitutional Amendments: Dual-Nationality
- Sunday, May 08, 2011 10:42 PM
In September of 2009 the following proposals were made for amending the Constitution of Haiti, 1987. After passing a preliminary vote by the 48th Legislature, they were entered into the official journal of the Haitian Government, Le Moniteur, to await ratification by the 49th Legislature.
These are the proposed amendments for TITLE II, regarding Haitian Nationality:
Motion to amend
ARTICLE 11:
Possesses Haitian nationality of birth any person born of a Haitian father or a mother Haitian who themselves had not repudiated their nationality at the time of the birth of the child.
The renunciation of nationality refers to an official statement in a Haitian Court, pursuant to the Act.
Motion to Amend
ARTICLE 12:
All Haitians are subject to all the rights and obligations attached to Haitian nationality. No Haitian cannot, in place of the Haitian authorities, to pursue his foreign nationality in the territory of the Republic of Haiti.
Motion to Rescind
ARTICLES 12.1, 12.2, 13, 14 And 15 deleted articles.
Prior to their ratification on May 8 2011 the Constitution of Haiti read:
ARTICLE 11:
Any person born of a Haitian father or Haitian mother who are themselves native-born Haitians and have never renounced their nationality possesses Haitian nationality at the time of birth.
ARTICLE 12:
Haitian nationality may be adquired by naturalization.
ARTICLE 12-1:
After five years of continuous residence in the territory of the Republic, any foreigner may obtain Haitian nationality by naturalization, in conformity with the regulations established by law.
ARTICLE 12-2:
Haitians by naturalization shall be allowed to exercise the right to vote but they must wait five(5) years after the date of their naturalization to be eligible to hold public posts other than those reserved by the Constitution and by law for native-born Haitians.
ARTICLE 13:
Haitian nationality is lost by:
- a. Naturalization in a foreign country;
- b. Holding a political post in the service of a foreign country;
- c. Continuous residence abroad of a naturalized Haitian without duly granted authorization by a competent official. Anyone who loses his nationality in this manner may not reacquire it.
ARTICLE 14:
A naturalized Haitian may recover his Haitian nationality by meeting all of the conditions and formalities imposed on aliens by the law.
ARTICLE 15: Dual Haitian and foreign nationality is in no case permitted.
The vote to Amend Article 12 was 82 Yeas and 2 Nays. This made dual-nationality partly legal. The Deletion of Articles 12.1, 12.2, 13, 14 and especially 15, made it completely legal.
What does it all mean?
In effect this makes anyone being born of at least one Haitian parent, a citizen of Haiti, with full rights. The most fundamental of these rights, the right to vote.
The Constitution still maintains restrictions to holding public office. A citizen must still be born in Haiti and have resided on the territory for at least 5 years to run for its highest office. In the case of legislative seats 3 years and municipal levels, there are is no residency requirement.
These laws take effect on May 14 2011, when the President-elect has taken his oath.
Related 05.03.2011: Political Posturing Complicates Vote for Dual-Citizenship
Related 04.14.2011: Commotion over the 49th Legislature and Pending Constitutional Amendments
Source: Haitian Embassy
, Constitution of 1987 (before amendments)
, special thanks to Karl Jean-Jeune
