These Constitution Devourers!
By La Rédaction · Port-au-Prince
· 8 min read · Updated 24 April 2026
Translated from French — AI-assisted and reviewed by the editorial team. The French version is authoritative. Read the original · About our translation policy
On the occasion of the 38th anniversary of the Haitian constitution, we are publishing excerpts from the conference delivered by Me Sonet Saint-Louis, professor of constitutional law at the Faculty of Law of the State University of Haiti, on the pressing issue of a possible suppression of the 1987 Constitution by the current Transitional Presidential Council.
Since its adoption by a referendum vote, the 1987 Constitution has continuously faced attacks from the usual demolishers of fundamental laws, who have always maintained a difficult relationship with rights and the law.
A first initiative to amend the 1987 Constitution under the administration of René Préval did not intellectually improve the original text, which contains serious flaws, nor did it advance Haitian law. The reason is that few people who discuss the 1987 Constitution truly know it. In this case, it proves impossible to change a reality one does not understand. Some critics propose abolishing the 1987 text, which established a parliamentary system, to replace it with a presidential system, similar to that of the United States. With this change of regime, they hope to end the problems of instability our country has faced for three decades.
Like René Préval, the working group on the constitution, composed of his former collaborators, reached the same conclusion: the 1987 text is at the root of the country's poor governance. To solve this problem, they propose a strong executive, reducing the importance of other powers. By taking this direction, they completely break with the ideas of philosophers from previous centuries, who considered that executive power should be moderated and balanced by the checks and mechanisms of a rule of law state, as it is from this that dictatorship cannot emerge.
Like many jurists interested in constitutional matters, we believe that amendments are necessary to the Constitution to purify it of its imperfections. The 1987 Constitution is a human work, and, as such, it is not perfect. It is therefore essential to revise it, taking into account the economic, social, and political changes occurring in our society, so that one day it may become an intellectual work, developed from our natural foundation, and an object of national pride.
The Work of the Group on the Constitution is Flawed
I have analyzed the work of the working group on the Constitution, and it brought me great disappointment. To assert that the president designated under the aegis of the 1987 Constitution has no real powers is a vast joke. Our leaders simply have not known how to exercise presidential power as defined in our Constitution. To argue that real power is held by the Prime Minister, not elected by the people, constitutes another aberration. The role of Prime Minister, established as a counterbalance to the President of the Republic, has in no way diminished the importance of the presidential function in Haiti. This system of power-sharing, where the President of the Republic and the Prime Minister exercise distinct competencies, rather requires close collaboration and permanent dialogue on fundamental issues and policies to be adopted together, in order to guarantee democracy, the rule of law, and the proper functioning of the State. To argue that the Haitian Parliament is all-powerful due to the absence of the right of dissolution of the Chambers attributed to the president, while this right is supposed to guarantee a fundamental principle of the rule of law, namely political equality, is a great inconsistency. Regarding the absence of the right of dissolution in the 1987 text, the framers demonstrated great legal and intellectual skill by imposing a rationality drawn from our history and political context. Presidents, often driven by an obsession with personal power, systematically refuse to accept the mechanisms of checks and balances and moderation of state powers, which are characteristic of a true rule of law state. In reality, what is sought to be imposed on the country is a form of presidential absolutism, similar to the current situation. We find ourselves with unchecked power, devoid of all transparency, and which disregards governmental ethics. This model of authoritarian democracy, which they wish to install in Haiti, invites the people to choose their representatives every five years, but only to legitimize policies that in no way correspond to their true concerns. Constitutional reform is an underground project, part of a global strategy aimed at questioning our national independence. How can a referendum be organized for May 11, 2025, when the draft constitution on which citizens will be asked to vote has not been popularized and is not the subject of any debate, neither in academic nor popular circles? This is a real dirty trick, a desperate maneuver by a certain caste of Haitian society, which dreams only of a society of privileges. The 2011 amendments are proof of this: they mark the will of an elite to deprive local populations of any participation in decisions concerning the governance of their country. As for the significant sums spent among cronies to launch this constitutional reform masquerade, in a context of unprecedented Haitian distress, it is evident that legitimate questions will arise when the nation demands accountability. Haiti Has No Major Constitutional Problem
Currently, we embody the only position capable of ending all the tragedies our nation is experiencing. We are the opposition to everything being done right now, because these actions lead us further towards total loss. We have a political, ethical, and intellectual responsibility to assume, and we wish to take full charge of it for the redemption of our homeland, to give every Haitian a reason to believe and hope. For now, Haiti has no major constitutional problem. The main interest of the population lies in the restoration of security, which necessarily involves the establishment of new governance. The 1987 Constitution has proven its worth, despite criticism. It has made it possible to avoid the unacceptable and preserve the essential over the past three decades. Moreover, we will continue to refer to it in defending the rights of citizens, particularly those subject to justice, because this fundamental charter is very generous in terms of essential guarantees. The 1987 Constitution, a collective work of our nation, could only become an effective reality based on the moral, economic, intellectual, and political forces that supported it. The difficulties encountered in its application are due to the fact that Haiti possesses savage elites, resistant to norms, who prove incapable of evolving in a democratic, modern country, dominated by the principles of the rule of law and good governance. Due to our difficulty in accepting norms, no constitution — whether technically well-drafted, politically balanced, or even elaborated by a deity — will ever be truly applied in Haiti. This raises the question: why have our laws, though deemed excellent, never been applied? Today, the real threat does not lie in the constitution itself, but in the reactionary project imposed by retrograde forces, acting under the dictate of foreign powers. Indeed, it is the very existence of the nation that is being questioned within global centers of power, which seek to transform Haiti into a mere transnational territory. These small local agents, already aligned despite their false nationalist speeches, dream only of profiting from easy money. Beyond indispensable structural reforms, citizens from all walks of life, witnessing unprecedented human distress in their country, expect concrete actions from the new leaders to rectify the situation. It is more necessary than ever to raise strong and legitimate voices to offer our nation a new, clear, and determined direction. We must resolutely engage in patriotic action. *One must love the law and desire it!*
In this context where we seem to be inexorably sliding towards collapse, certain silences are particularly disturbing, such as that of the prestigious Port-au-Prince Bar Association, of which I am a member, as well as the prominent voices of the national legal community, intellectuals, writers, and artists who, in the past, rose to denounce what is inadmissible and unacceptable. Why have they fallen silent or become complacent at a time when the nation's existence has never been so threatened, as we face a hybrid governance, half-public, half-private, bringing together hungry autocrats, devoid of any intellectual and ideological substance? This governance blurs the conceptual boundaries between the State and civil society, between the general interest and private interest.
As the one who knew it said with biting irony: the nation acknowledges this undeniable fact, namely that organized crime, elite corruption, and all kinds of trafficking are actions undertaken by those who, paradoxically, are supposed to embody the 'good side' of History. Our fight is constant and our determination unwavering! Our motto remains the same: the people will not participate in, nor submit to, the illegal CPT referendum. Articles 282 to 284-4 of the 1987 Constitution, still in force, to which de facto leaders frequently refer to legitimize their decisions, provide us with unwavering support in our categorical refusal. I repeat emphatically: respect for the law does not rest solely on its technical, political, or ideological quality, nor on its raison d'être. It depends above all on the will of the governors, but also of the citizens, both their commitment to respect it and their level of education. In short, respect for the law is first and foremost a matter of education. Haitians must be taught to love and desire the law. One cannot give laws to individuals and expect their respect when they aspire only to brutality to govern and ensure their domination. It would be wiser to educate them first before imposing laws on them. Educate people, and everything will be better! I never cease to repeat: respect for the law begins with the formation of the mind and heart. It is only by cultivating human dignity, compassion, and responsibility that we can hope to see a truly just society that respects rules. To educate is to build a more serene and supportive future for all. Sonet Saint-Louis
March 29, 2025
I have analyzed the work of the working group on the Constitution, and it brought me great disappointment. To assert that the president designated under the aegis of the 1987 Constitution has no real powers is a vast joke. Our leaders simply have not known how to exercise presidential power as defined in our Constitution. To argue that real power is held by the Prime Minister, not elected by the people, constitutes another aberration. The role of Prime Minister, established as a counterbalance to the President of the Republic, has in no way diminished the importance of the presidential function in Haiti. This system of power-sharing, where the President of the Republic and the Prime Minister exercise distinct competencies, rather requires close collaboration and permanent dialogue on fundamental issues and policies to be adopted together, in order to guarantee democracy, the rule of law, and the proper functioning of the State. To argue that the Haitian Parliament is all-powerful due to the absence of the right of dissolution of the Chambers attributed to the president, while this right is supposed to guarantee a fundamental principle of the rule of law, namely political equality, is a great inconsistency. Regarding the absence of the right of dissolution in the 1987 text, the framers demonstrated great legal and intellectual skill by imposing a rationality drawn from our history and political context. Presidents, often driven by an obsession with personal power, systematically refuse to accept the mechanisms of checks and balances and moderation of state powers, which are characteristic of a true rule of law state. In reality, what is sought to be imposed on the country is a form of presidential absolutism, similar to the current situation. We find ourselves with unchecked power, devoid of all transparency, and which disregards governmental ethics. This model of authoritarian democracy, which they wish to install in Haiti, invites the people to choose their representatives every five years, but only to legitimize policies that in no way correspond to their true concerns. Constitutional reform is an underground project, part of a global strategy aimed at questioning our national independence. How can a referendum be organized for May 11, 2025, when the draft constitution on which citizens will be asked to vote has not been popularized and is not the subject of any debate, neither in academic nor popular circles? This is a real dirty trick, a desperate maneuver by a certain caste of Haitian society, which dreams only of a society of privileges. The 2011 amendments are proof of this: they mark the will of an elite to deprive local populations of any participation in decisions concerning the governance of their country. As for the significant sums spent among cronies to launch this constitutional reform masquerade, in a context of unprecedented Haitian distress, it is evident that legitimate questions will arise when the nation demands accountability. Haiti Has No Major Constitutional Problem
Currently, we embody the only position capable of ending all the tragedies our nation is experiencing. We are the opposition to everything being done right now, because these actions lead us further towards total loss. We have a political, ethical, and intellectual responsibility to assume, and we wish to take full charge of it for the redemption of our homeland, to give every Haitian a reason to believe and hope. For now, Haiti has no major constitutional problem. The main interest of the population lies in the restoration of security, which necessarily involves the establishment of new governance. The 1987 Constitution has proven its worth, despite criticism. It has made it possible to avoid the unacceptable and preserve the essential over the past three decades. Moreover, we will continue to refer to it in defending the rights of citizens, particularly those subject to justice, because this fundamental charter is very generous in terms of essential guarantees. The 1987 Constitution, a collective work of our nation, could only become an effective reality based on the moral, economic, intellectual, and political forces that supported it. The difficulties encountered in its application are due to the fact that Haiti possesses savage elites, resistant to norms, who prove incapable of evolving in a democratic, modern country, dominated by the principles of the rule of law and good governance. Due to our difficulty in accepting norms, no constitution — whether technically well-drafted, politically balanced, or even elaborated by a deity — will ever be truly applied in Haiti. This raises the question: why have our laws, though deemed excellent, never been applied? Today, the real threat does not lie in the constitution itself, but in the reactionary project imposed by retrograde forces, acting under the dictate of foreign powers. Indeed, it is the very existence of the nation that is being questioned within global centers of power, which seek to transform Haiti into a mere transnational territory. These small local agents, already aligned despite their false nationalist speeches, dream only of profiting from easy money. Beyond indispensable structural reforms, citizens from all walks of life, witnessing unprecedented human distress in their country, expect concrete actions from the new leaders to rectify the situation. It is more necessary than ever to raise strong and legitimate voices to offer our nation a new, clear, and determined direction. We must resolutely engage in patriotic action. *One must love the law and desire it!*
In this context where we seem to be inexorably sliding towards collapse, certain silences are particularly disturbing, such as that of the prestigious Port-au-Prince Bar Association, of which I am a member, as well as the prominent voices of the national legal community, intellectuals, writers, and artists who, in the past, rose to denounce what is inadmissible and unacceptable. Why have they fallen silent or become complacent at a time when the nation's existence has never been so threatened, as we face a hybrid governance, half-public, half-private, bringing together hungry autocrats, devoid of any intellectual and ideological substance? This governance blurs the conceptual boundaries between the State and civil society, between the general interest and private interest.
As the one who knew it said with biting irony: the nation acknowledges this undeniable fact, namely that organized crime, elite corruption, and all kinds of trafficking are actions undertaken by those who, paradoxically, are supposed to embody the 'good side' of History. Our fight is constant and our determination unwavering! Our motto remains the same: the people will not participate in, nor submit to, the illegal CPT referendum. Articles 282 to 284-4 of the 1987 Constitution, still in force, to which de facto leaders frequently refer to legitimize their decisions, provide us with unwavering support in our categorical refusal. I repeat emphatically: respect for the law does not rest solely on its technical, political, or ideological quality, nor on its raison d'être. It depends above all on the will of the governors, but also of the citizens, both their commitment to respect it and their level of education. In short, respect for the law is first and foremost a matter of education. Haitians must be taught to love and desire the law. One cannot give laws to individuals and expect their respect when they aspire only to brutality to govern and ensure their domination. It would be wiser to educate them first before imposing laws on them. Educate people, and everything will be better! I never cease to repeat: respect for the law begins with the formation of the mind and heart. It is only by cultivating human dignity, compassion, and responsibility that we can hope to see a truly just society that respects rules. To educate is to build a more serene and supportive future for all. Sonet Saint-Louis
March 29, 2025
