Legislative

Constitutional Amendments Article 32: Right to Education

In September 2009 the following propositions for amending the Constitution of Haiti, 1987 were entered into the official journal of the Haitian Government, Le Moniteur:

All motions to amend
ARTICLE 32:
The State guarantees the right to education. Education is free at all levels. This freedom is exercised under the control of the State.
ARTICLE 32.1:
Education is a load of State and territorial communities. They must put the school free of charge to all, ensure the level of training of teachers in public and private sectors.
ARTICLE 32.3:
Basic education is mandatory. Conventional supplies and teaching materials will be free of charge by the State at the disposal of the students at the level of basic education.
ARTICLE 32.4:
Agricultural, vocational and technical education is supported by the State and the territorial communities. ARTICLE 32.5:
Maternal and early childhood education will be supported by the State and the territorial communities.
ARTICLE 32.6:
Access to higher education is open to all full and equal.
ARTICLE 32.7:
The State shall ensure that each territorial community is equipped with facilities adapted to the needs of its development.
ARTICLE 32.8:
The State guarantees to people with special needs protection, education and other means necessary for their full development and their integration or reintegration in society.
ARTICLE 32.9:
The State and territorial communities have duty to take all necessary measures to intensify the mass literacy campaign. They encourage all initiatives that are private to this end.

Prior to the ratification of the proposals the Constitution of Haiti read:

ARTICLE 32:
The State guarantees the right to education. It sees to the physical, intellectual, moral, professional, social and civic training of the population.
ARTICLE 32-1:
Education is the responsibility of the State and its territorial divisions. They must make schooling available to all, free of charge, and ensure that public and private sector teachers are properly trained.
ARTICLE 32-2:
The first responsibility of the State and its territorial divisions is education of the masses, which is the only way the country can be developed. The State shall encourage and facilitate private enterprise in this field.
ARTICLE 32-3:
Primary schooling is compulsory under penalties to be prescribed by law. Classroom facilities and teaching materials shall be provided by the State to elementary school students free of charge.
ARTICLE 32-4:
Agricultural, vocational, cooperative and technical training is a fundamental responsibility of the State and its communes.
ARTICLE 32-5:
Preschool and maternal training, as well as nonformal education are encouraged.
ARTICLE 32-6:
Higher education shall be open to all, on an equal bases, according to merit only.
ARTICLE 32-7:
The State shall see to it that each territorial division, communal Section, commune or Department shall have the essential educational establishments adapted to the needs of their development, without however prejudicing the priorities assigned to agricultural, vocational, cooperative and technical training, which must be widely disseminated.
ARTICLE 32-8:
The State guarantees that the handicapped and the gifted shall have the means to ensure their autonomy, education and independence.
ARTICLE 32-9:
The State and its territorial divisions have the duty to make all necessary provisions to intensify the literacy campaign for the masses. they encourage all private initiatives to that end.

The vote passed with 83 Yeas and 3 Nays.

What does it all mean?

These amendments effectively make free education now a part of Haiti. The right for all children to receive basic education, the right to access of higher education and the right to be literate is now available to all.

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


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