Constitution

Haiti 1987 Constitution (reviewed 2012)

Table of Contents

TITLE IX.

CHAPTER I. Economics and Agriculture

Article 245

Economic freedom shall be guaranteed so long as it is not contrary to the public interest.

The State shall protect private enterprises and shall endeavor to see that it develops under the conditions necessary to increase the national wealth in such a way as to ensure the participation of the largest possible number of persons in the benefits of this wealth.

Article 246

The State encourages in rural and urban areas the formation of cooperatives for production, processing of raw materials and the entrepreneurial spirit to promote the accumulation of national capital to ensure continuous development.

Article 247

Agriculture, which is the main source of the Nation’s wealth, is a guarantee of the well-being of the people and the socio-economic progress of the Nation.

Article 248

A special agency to be known as THE NATIONAL INSTITUTE OF AGRARIAN REFORM shall be established to organize the revision of real property structures and to implement an agrarian reform to benefit those who actually work the land. This Institute shall draw up an agrarian policy geared to optimizing productivity by constructing infrastructure aimed at the protection and management of the land.

Article 248-1

The law determines the minimum and maximum area of basic farm units.

Article 249

The State has the obligation to establish the structures necessary to ensure maximum productivity of the land and domestic marketing of foodstuffs. Technical and financial management units shall be established to assist farmers at the level of each Communal section.

Article 250

No monopoly may be established to benefit the State and the territorial divisions except in the exclusive interest of society as a whole. Such a monopoly may not be granted to any private individual.

Article 251

The import of foodstuffs and their byproducts that are produced in sufficient quantity in the national territory is forbidden, except in the event of force majeure.

Article 252

The State may take charge of the operation of enterprises for the production of goods and services essential to the community in order to ensure continuity in the event the existence of these establishments should be threatened. Such enterprises shall be grouped in a comprehensive management system.

CHAPTER II. The Environment

Article 253

Since the environment is the natural framework of the life of the people, any practices that might disturb the ecological balance are strictly forbidden.

Article 253-1

[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]

As long as the forest coverage remains below 10% of the national territory, measures of exception must be taken with a view of working to the restoration of the ecological equilibrium.

Article 254

The State shall organize the enhancement of natural sites to ensure their protection and make them accessible to all.

Article 255

To protect forest reserves and expand the plant coverage, the State encourages the development of local sources of energy: solar, wind and others.

Article 256

Within the framework of protecting the environment and public education, the State has the obligation to proceed to establish and maintain botanical and zoological gardens at certain points in its territory.

Article 256-1

[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]

The State may, if the necessity for it is demonstrated, declare a zone of ecological utility.

Article 257

The law specifies the conditions for protecting flora and fauna, and punishes violations thereof.

Article 258

No one may introduce into the country wastes or residues of any kind from foreign sources.