Haiti: ARTICLES 11 and 12 declare Diaspora Equal Citizens
Samuel Maxime, not a lawyer
Monday, December 26, 2011 12:01 PM';
This article consists of facts, information or commentary from Samuel Maxime, not a lawyer.
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PORT-AU-PRINCE, Haiti (defend.ht) - Who and what constitutes Citizenship has changed in the Constitution of Haiti 2011. Multi-nationality is allowed but not for the President of the Republic before or while in office. The process was initiated by former President Rene Preval, this amendment was proposed by the 48th Legislature and accepted by the 49th Legislature.
Changes were made to ARTICLEs 11 and 12 as they were stripped from describing a citizen as one who is born in Haiti. 12 goes further and reaffirms that persons not born in the country, but to Haitian parents, are not second class citizens in Haiti.
ARTICLE 11, this is the text.
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.
This now reads:
Any person born of a Haitian father or Haitian mother who are themselves native-born Haitians and have not given up their nationality possesses Haitian nationality..
In this amendment the people of Haiti decided that nationality could not be denied by the factor or understanding of any sort of birth except that either parent was a Haitian of native birth. The parent must also not have given up their Haitian nationality.
A new section to ARTICLE 11 was added, section ARTICLE 11.1. It was basically a move of the previous ARTICLE 12 which permitted non-Haitians to acquire Haitian nationality but also referred non-Haitians how it should be done.
ARTICLE 11.1 says:
The Act establishes conditions under which an individual can acquire Haitian nationality.
The 12th article is changed and it's two sections from the 1987 Constitution, ARTICLE 12.1 and 12.2 were removed. ARTICLE 12 now describes the rights of a citizen rather than formerly describing how citizenship is lost.
This is what ARTICLE 12 reads now:
Every Haitian is subject to all rights, duties and obligations attached to their nationality Haitian. No Haitian cannot prevail nationality of the foreign Territory of the Republic of Haiti.
This is what ARTICLE 12 and 13-15 used to read:
Haitian nationality may be adquired by naturalization.
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.
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.
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.
A naturalized Haitian may recover his Haitian nationality by meeting all of the conditions and formalities imposed on aliens by the law.
Dual Haitian and foreign nationality is in no case permitted.
Related 12.26.2011: Haiti: Mixed Commission Sends Constitution to National Palace