Re: Haiti and the issue of double nationality
I. Fassinou
Mr. Jean Charles:
I am attaching an article that will tell you where Haiti stands legally under the 1987 Conctitution. If we want to change that, we will have to amend that Constitution.
Unless I am mistaken the 1987 Constitution is what President Martelly was sworn in . Please correct me if I am wrong.
Patriotiquement,
I. Fassinou.
_____________________________________
Haiti: Procedures for obtaining citizenship; whether dual citizenship is recognized and, if so, how to obtain it; procedures for renouncing citizenship and the documents required; grounds for withdrawing a person's citizenship
http://www.unhcr.org/refworld/country,,IRBC,,HTI,,469cd6a414,0.html
The Haitian Constitution of 1987 is the only legislation governing the issue of Haitian nationality (Haiti 19 Jan. 2007; Citizenship Laws of the World 2001). Under the constitution, Haitian nationality can be obtained by descent or naturalization (Citizenship Laws of the World 2001). Simply being born in Haiti does not automatically confer Haitian citizenship (ibid.). Articles 11 and 12 of the 1987 constitution state, respectively, that [translation] "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" (Haiti Mar. 1987, Art. 11), and that [translation] "Haitian nationality may be acquired by naturalization" (ibid. Mar. 1987, Art. 12) when the person requesting it has resided in Haiti for five years (ibid., Art. 12.1).
Article 15 of the 1987 constitution states that [translation] "dual Haitian and foreign citizenship is not recognized under any circumstances" (Haiti March 1987). According to Section 13.a, a person loses Haitian citizenship when that person acquires the citizenship of a foreign country (ibid.). However, the issue of dual citizenship came up in Haiti, following the candidacy of Dumarsais Siméus in the 2005 presidential election (AlterPresse 13 Nov. 2005; ibid. 4 Nov. 2005; Radio Kiskeya 8 Sept. 2005). Dumarsais Siméus is a naturalized American (Haiti Press Network 18 Jan. 2007). Moreover, President René Préval used the June 2006 tourism summit in Miami to tell the Haitian diaspora that he was, in principle, in favour of a constitutional amendment to allow dual citizenship (Le Nouvelliste 14 July 2006). He stated that he had begun discussing the topic with the political parties represented in parliament and that he would eventually consult other stakeholders from Haitian society (ibid.). However, according to Le Nouvelliste, [translation] "there is no evidence that the President will succeed because he first has to reach a consensus among all sectors of society, consult the people by referendum, and then submit the document to parliamentarians for approval" (14 July 2006). To date, the 1987 constitution has never been amended (Haiti 19 Jan. 2007).
Grounds for withdrawing Haitian citizenship are explained in Article 13 of the 1987 constitution:
[translation]
Haitian citizenship is lost by
a) naturalization in a foreign country;
b) holding a political post in the service of a foreign government;
c) continuous residence abroad for three (3) years of a naturalized Haitian without duly granted authorization by a competent official. Anyone who loses his or her nationality in this manner may not reacquire it. (Haiti Mar. 1987)
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
AlterPresse. 13 November 2005. Jean Rigaud Buisson. "Haïti : la double nationalité au delà du processus électoral." [Accessed 18 Jan. 2007]
_____ . 4 November 2005. Fredler Breneville. "Haïti : l'abrogation du principe d'exclusion de la double nationalité." [Accessed 18 Jan. 2007]
Haiti. 19 January 2007. Consulate General of Haiti in Montréal. Telephone interview with the Vice-Consul.
_____ . March 1987. La Constitution de la République d'Haïti. (Base de données politiques des Amériques) [Accessed 18 Jan. 2007]
Haiti Press Network. 25 October 2005. "Haïti-Élections : Siméus ne passera pas selon le premier ministre Latortue." [Accessed 18 Jan. 2007]
Le Nouvelliste. 7 September 2006. Constantin Mayard-Paul and
George Michel. "Quelques considérations juridiques et pratiques sur la
double nationalité." [Accessed 18 Jan. 2007]
_____ . 14 July 2006. Lemoine Bonneau. "René Préval aura-t-il gain de cause?" [Accessed 18 Jan. 2007]
Radio Kiskeya. 8 September 2005. "Renforcement de l'effectif de la MINUSTAH – Présence plus marquée à Cité Soleil." (ReliefWeb) [Accessed 18 Jan. 2007]
United States (US). March 2001. Office of Personnel Management. "Haiti." Citizenship Laws of the World. [Accessed 18 Jan. 2007]
Additional Sources Consulted
Internet sites, including: Droit francophone, NATLEX (database of the International Labour Organization), Office of the United Nations High Commissioner for Refugees (UNHCR).
______________________________________________Haiti and the issue of double nationality
By Jean H Charles
For the last two months the issue of double nationality has been on the front and the back page in the media, the legislature and in the public mind in Haiti. Indeed Senator Moise Jean Charles of the North of Haiti is accusing President Michel Martelly of holding the double nationality not only from the United States but also from Italy.
A special commission of the Senate has been instituted to investigate the issue. All the ministers and the state secretaries have been invited to bring their travel documents to determine whether they are holding another passport in addition of the Haitian one.
President Martelly has steadfastly refused to offer for examination his documents stating his passport will remain where it belongs, in his pocket.
The issue is of importance. Can the legislature compel a sitting president, whose document has been examined by the electoral council at the time of the election, to produce his travel documents to determine whether he is a true citizen of Haiti?
I am of the opinion that the Legislature does not have such authority. I have combed the entire Haitian constitution; I could not find any article that gives the authority to the Legislature to adjudicate whether a Haitian citizen is a true and legal Haitian citizen. It is the province of the court to determine whether a citizen is a born or legalized citizen of another country not the realm of the legislature.
In addition the legal documents: passports, certificate of birth, decree of divorce, certificate of death and certificate of marriage delivered by a sovereign state enjoy the presumption of legality at home and the full faith and credit of the sisters states.
The Haitian legislature has brought ridicule unto itself when it has stopped all its other initiatives including the examination of the present budget as well as the issue of ratifying the new prime minister focusing instead on the issue of the nationality of the current president.
The electoral council in stating that Michel Martelly is a true citizen of Haiti eligible to run as president of the country has the imprimatur of the sovereign state of Haiti. President Martelly enjoys the stamp of the concept of legal presumption of authenticity.
Akin to the legal principle that protects a child born in wedlock from a different father as a legitimate child to maintain the stability of the family, the state of Haiti has interest in protecting the stability of the country by not revisiting decisions of nationality entered into by its state authority institution, the Electoral Council.
At the invitation of the commission Religions for Peace made of interdenominational religious authorities, Catholic, Episcopal, Voodoo and Protestant, President Martelly has yielded to the pressure and offered finally to the press and to the general public all his passports (8 of them) proving that he is indeed a citizen of Haiti who did not renounce his nationality of origin.
Haiti is confronting at this corner the struggle of the new and the ancient regime. Should the ancient regime that kept the country poor, divided and in shackle remained at the seat of power putting the break at will into the initiatives introduced by the new president?
Haiti since it independence in 1804 has been afflicted with the curse of continuous setbacks. The first one occurred with the assassination of its founding father some two years after its liberation from the yoke of slavery. Jean Jacques Dessalines was killed in an ambuscade on October 17, 1806 plunging the young republic into turmoil that caused its division in two parts, the republic of Petion in the West and the kingdom of Henry Christophe in the North.
One hundred years later, the country did not solidify its nation building experience; it was occupied by the United States on July 1st 1915 which remained in the country until 1934 with no apparent seedling of democracy building.
A quarter of century later, on September 22, 1957 Francois Duvalier took control of power in the country with the slogan of change for the masses. Their fate after some thirty years of the dictatorial regime took the turn for the worst.
The expulsion of the Duvalier on February 7, 1986 and the adoption of a new constitution on March 29 1987 were supposed to bring the country to calmer waters. The transitional governments as well as the democratic elected one of Jean Bertrand Aristide were as nefarious to the country as the dictatorial ones.
Rene Preval, Aristide nemesis brought the nation to a low so deep in economic and social insecurity that the people of Haiti choose a neophyte in politics in the persona of a former band leader, Joseph Michel Martelly as their president.
Can the new President enjoy enough space to deliver on its promises of education, employment, environment and the rule of law? He has been confronted with roadblocks of different size and shape every week by the Press, the legislature and the opposition made of the loosing political parties. Yet the president seems to glaze into the support of the majority of the population and of the international community.
Joseph Michel Martelly is guiding the Haitian bark with confidence and gusto. One million new children are receiving the bread of education; a new program of electricity for the rural areas is being implemented. His wife, Mrs. Sophia Martelly is shepherding a war against hunger. The population reflects the sentiment that the opposition is just demonstrating sour grapes against a government that finally is bringing results against all odds.
The issue of double nationality was a smokescreen in a nation where 4 million of its population lives in a foreign country with the passing of time holding a double nationality. Haiti like the rest of the Caribbean is hostile to its Diaspora. In comparison, the European Union reaches its hand long and far to create new citizens out of the generation of the children of immigrants who left Europe long time ago.
Haiti akin to the other islands around the Caribbean Sea will remain in low tide growth and development as long as the issue of double nationality remains a ghost raised by the politicians to scare the nationals as well as the sons and the daughters who by choice or necessity have chosen to belong to another country from returning to the mother land.
In the age of globalization the citizens as well as the corporations have difficulty of confining themselves to one country. The nations that refuse to apprehend this new phenomenon are condemned to remain backward, underdeveloped and marginal to the tide of progress and prosperity.
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Jeanhcharles
Ms Fassinou
You did not add any new information that can destroy my assertion that
the Haitian Constitution does not give the authority to the Legislature
to attack the Haitian citizenship of any person voire the President of
the nation.
There is though a standing authority for the Court to deliberate
whether a citizen claiming to be a citizen of Haiti is in fact as such.
This authority is extanded to the border control agent who can accept
or refuse entry to any citizen claiming Haitian citizenship.
The precedent that you imply in the Case of Boulos vs the Legislature
has to do with the internal regulations of the Senate that may expell
one of its members for deriliction to its rules.
To conclude Haiti must respect its own institutions. Otherwise the
sister nations of the world whould have no confidence in the
certificate of death, divorce and marriage of the Republic of Haiti.
As strange as it may seem. President Martelly was correct in refusing
to deliver his passports to the Legislature. He was protecting the
Haitian institutions against the ill conceive instigation of Senator
Moise Jean Charles.
-----Original Message-----
From: I. Fassinou <fassi...@gmail.com>
To: Jeanhcharles <jeanhc...@aol.com>
Sent: Sun, Mar 11, 2012 10:18 am
Subject: Re: Haiti and the issue of double nationality
Mr. Jean Charles:I am attaching an article that will tell you where
Haiti stands legally under the 1987 Conctitution. If we want to change
that, we will have to amend that Constitution.Unless I am mistaken the
2012/3/11 Jeanhcharles <jeanhc...@aol.com>
By Jean H Charles
tout-haiti+...@googlegroups.com