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HAITI
Chambre des Députés (Chamber of Deputies)

Modules:
GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Assemblée nationale / National Assembly
More photos  >>>
Structure of parliament Bicameral
Chamber name (generic / translated) Chambre des Députés / Chamber of Deputies
Related chamber (for bicameral parliaments) Sénat / Senate
Affiliation to the IPU No
Affiliation date(s) 1954 - 1960
1975 - 1986
LEADERSHIP
President Levaillant Louis-Jeune (M) 
Notes Elected on 10 Jan. 2012.
Secretary General Lucien Francoeur (M) 
Notes Mr. Lucien Francoeur
Secretary General of the Chamber of Deputies
Member of the Interim Haiti Recovery Commission
COMPOSITION
Members (statutory / current number) 99 / 95
PERCENTAGE OF WOMEN


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Women (current number) 4 (4.21%)
Mode of designation directly elected 99
Term 4 years
Last renewal dates 28 November 2010
20 March 2011 (View details)
CONTACT INFORMATION
Address Chambre des Députés
Palais Législatif
Avenue Marie Jeanne,
Bicentenaire
PORTAUPRINCE
(Export mailing lists)
Phone (509) 2298 4510
2518 2400
2298 3943
2222 3363
Fax
E-mail info@parlementhaitien.ht
Website
http://www.parlementhaitien.ht/

ELECTORAL SYSTEM

Parliament name (generic / translated) Assemblée nationale / National Assembly
Structure of parliament Bicameral
Chamber name (generic / translated) Chambre des Députés / Chamber of Deputies
Related chamber (for bicameral parliaments) Sénat / Senate
LEGAL FRAMEWORK
Electoral law 2 February 2005
Last modification: November 2005
Mode of designation directly elected 99
Constituencies 99 single-member constituencies.
Voting system Majority: Two-round system.
To win a seat in the first round, candidates must obtain 50 per cent of the valid votes. An absolute majority is no longer required in the second round.
Vacancies arising between general elections are filled through by elections, unless they occur during or following the last ordinary session of the legislature.
Voting is not compulsory.
Voter requirements - age: 18 at the time of registration
- Haitian citizenship
- full political and civil rights
- residence in the country
- disqualifications: imprisonment, insanity/mental illness, conviction for a criminal offence, persons under guardianship/wards, holders of temporary entry permits, undocumented immigrants
CANDIDATES
Eligibility - qualified electors
- age: 25 at the time of registration
- Haitian citizenship by birth
- full possession of civil and political rights
- residence in the constituency concerned for at least two consecutive years
- ownership of real property or employment/trade in the constituency
- ineligibilities: imprisonment, insanity/mental illness, conviction of a criminal offence, persons under guardianship/wards, holders of temporary entry permits, undocumented immigrants, executives and members of the Electoral Commission
Incompatibilities - managers of public funds, who may stand for election but are relieved of their duties if elected
- government contractors
- representatives or agents of individuals, companies or corporations that are government contractors
- delegates, deputy-delegates, judges and ministry officials who did not resign at least six months before the elections
- members of the executive branch and directors general of public administration bodies who did not resign at least one year before the elections
Candidacy requirements - monetary deposit of 5,000 gourdes
- one half of the deposit is reimbursed for political parties winning at least 2 per cent of the valid votes nationwide

LAST ELECTIONS

Parliament name (generic / translated) Assemblée nationale / National Assembly
Structure of parliament Bicameral
Chamber name (generic / translated) Chambre des Députés / Chamber of Deputies
Related chamber (for bicameral parliaments) Sénat / Senate
BACKGROUND
Dates of election / renewal (from/to) (from/to)28 November 2010
20 March 2011
Timing and scope of renewal Elections were held for all seats in the Chamber of Deputies.
Parliamentary elections, initially scheduled for February and March 2010, were postponed to 28 November due to a huge earthquake that hit the country on 12 January. At stake were all 99 seats in the Chamber of Deputies and 11 seats in the Senate. The parliamentary elections were held in parallel with the presidential polls.

The previous elections to the Chamber of Deputies (February and December 2006) were the first to be held after former President Jean-Bertrand Aristide had been ousted in February 2004. The Front for Hope (Lespwa) - established by former members of Mr. Aristide' Lavalas Family Party - took 22 of the 99 seats at stake. The Haitian Social-Democratic Fusion Party took 16 seats, followed by the Democratic Alliance Party (ALYANS) and the People's Struggle Party (OPL), which took 11 and 10 seats respectively. The Lavalas Family Party and the Union took six seats each. The remaining 27 seats went to 13 small parties while the result of one seat was invalidated.

Lespwa also became the largest force in the Senate, winning 11 of the 30 seats at stake. The Haitian Social-Democratic Fusion, the OPL and the Lavalas Family Party took five, four and three seats respectively. The remaining seats went to four small parties. Lespwa's leader, Mr. René Préval, won the presidential elections. He was a former President (1996-2001) and long-time ally of Mr. Aristide. In May 2006, Mr. Préval was sworn in as the country's new President, officially ending Haiti's two-year political transition.

Upon assuming office, Mr. Préval nominated Mr. Jacques Édouard Alexis as Prime Minister. His nomination was unanimously approved by both chambers. However, many Lespwa members and President Préval's allies subsequently formed the Coalition of Parliamentarians for Progress (CPP) as they gradually became disenchanted with the government's economic policies.

In April 2008, the Senate voted to dismiss the Prime Minister. Two candidates for the premiership - Mr. Éric Pierre and Mr. Robert Manuel - were rejected by the CPP in the Chamber of Deputies. Although the renewal of ten Senate seats - elected in February 2006 for a two-year term - was constitutionally due by April 2008, it could not take place due to the political stalemate. In August and September 2008, both chambers endorsed Ms. Michèle Duvivier Pierre-Louis as Prime Minister. During those months, the Caribbean island of 9.8 million inhabitants was hit by a series of hurricanes that killed nearly 800 persons and caused damage amounting to 15 per cent of its gross national product (GNP). The post-hurricane confusion further delayed the Senate elections.

The one-third renewal of the Senate finally took place in April and June 2009 along with by-elections to two other vacant seats. The final results announced in July gave six seats to Lespwa. Four other parties took one seat each and one independent candidate was elected. The results in the Central Department were invalidated leaving one vacant seat.

Some sitting senators rejected the final results, arguing that massive fraud had been committed during the second round of voting in the departments of Artibonite and South. The validation of the newly-elected senators was consequently postponed. In September, the Senate validated the newly-elected members, paving the way for the Bureau of the outgoing legislature to resign. Mr. Kelly C. Bastien (Lespwa) was re-elected as Senate President. In October, the Senate voted to dismiss Prime Minister Pierre-Louis, blaming her for the slow economic recovery. The President subsequently appointed Mr. Jean Max Bellerive, the then Planning and Cooperation Minister, as the new Prime Minister.

The renewal of one third of the Senate members (elected in 2006 for a four-year term) and elections to feel the undecided seat in the Central Department were due to take place along with the elections to the Chamber of Deputies on 28 February and 3 March 2010. Prior to the 2010 elections, Mr. Préval, who was constitutionally barred from seeking another term as President, established the Inité (Unite) party. It comprised several senior members of Lespwa, the OPL and the National Christian Union for the Reconstruction of Haiti (UNCRH). They included the Speaker of the Chamber of Deputies, Mr. Levaillant Louis-Jeune (CPP), Senate President Bastien, former Senate President Joseph Lambert (Lespwa) and most CPP members.

On 12 January 2010, an earthquake measuring 7 on the Richter Scale hit the country, killing over 250,000 persons and leaving 1.5 million homeless. It destroyed the premises of most government institutions, including the parliament building. Two senators lost their lives in the earthquake. On 2 February, the Electoral Council announced that parliamentary elections would be indefinitely postponed. Due to the earthquake, the country's gross domestic product (GDP) was expected to shrink by 8.5 per cent in 2010 and unemployment was predicted to reach 30 per cent.

In May, President Préval announced that he would extend his term by three months in case elections did not take place in November 2010, triggering street protests. Although he subsequently declared that he would leave office by the end of his term, i.e., on 7 February 2011, both chambers of parliament voted to amend the electoral law, effectively extending his term until 14 May 2011 (see note). On 30 June, President Préval signed a decree, calling both parliamentary and presidential elections for 28 November. The 2010 elections recorded 850 candidates to the Chamber of Deputies, 95 to the 11 seats in the Senate and 19 for the presidency. Many outgoing members - most of whom belong to the Inité party - were seeking re-election in 2010.

The media focused on the presidential elections, pushing the parliamentary polls to the background.

Major presidential candidates included Mr. Jude Célestin - Director General of the National Equipment Centre and the fiancé of President Préval's daughter - backed by the Inité party; Ms. Mirlande Manigat, a prominent opposition figure and an outspoken critic of the President; as well as Mr. Michel Martelly, a popular singer. Another popular hip-hop star, Mr. Wyclef Jean, saw his candidacy rejected due to his residence in the United States (the Haitian Constitution requires candidates to have lived in the country for five years prior to an election). Ms. Manigat's husband, Mr. Leslie Manigat, had served as President for four months in 1988 before being deposed by a military coup. She was backed by the Rally of Progressive National Democrats (RDNP, which had won four seats in the Chamber of Deputies in 2006) and the Collective Movement for Haitian Renewal (COREH), a group of influential parliamentarians. COREH was formed by a group of some 100 current and former parliamentarians and is co-led by two senators: Mr. Youri Latortue (Latibonit Ann Aksyon) and Mr. Steven Benoit (formerly Lespwa and currently in "Alternativ").

The Mobilization for Haiti's Development (MPH, which had taken four seats in the Chamber in 2006), led by Mr. Samir Mourra (a Haitian-American who had been barred from the 2006 presidential elections), endorsed former prime minister Jacques Édouard Alexis as its presidential candidate. Many outgoing parliamentarians who belong to the Inité party reportedly backed Mr. Alexis rather than Mr. Célestin. Former President Aristide's Lavalas party was excluded from the elections, as well as the Renmen Ayiti party. According to the Election Commission, these parties failed to submit proper documentation for the elections. Lavalas backed Mr. Jean-Henry Ceant, a well-known lawyer and another fierce critic of President Préval.

In October, Hurricane Thomas hit the island-nation that was still reeling from the damage and loss caused by the January earthquake. Later the same month, several cases of cholera - an epidemic the country had not seen for more than a century - were reported in the rural Artibonite region. The epidemic rapidly reached the capital Port-au-Prince - where the refugee camp for 1.3 million earthquake victims is located. Over 1,600 persons died from cholera before the November polls. Four of the 19 presidential candidates demanded the postponement of the elections but the first round was maintained for 28 November.

Many candidates - both parliamentary and presidential - reportedly led individually-driven election campaigns without any specific platform. Both ruling and opposition candidates pledged to strengthen national consensus, end corruption, improve justice and revive agriculture. Some candidates, in particular the younger ones, also promised to create jobs, work on educational reform, and rebuild the economy. Mr. Célestin (Inité), pledged to restore the nation. Ms. Manigat (COREH/RNDP) underscored that economic progress could not be achieved overnight. She promised a progressive withdrawal of MINUSTAH (United Nations Stabilization Mission in Haiti).

The 2010 elections saw a spate of logistical problems. Many citizens had lost their ID cards (required both for voter registration and voting) in the earthquake. Several cases of fraud, including the circulation of fake ballot papers, were reported. The low literacy rate among adults (35 per cent according to World Bank figures) further complicated the voting process.

Around 22 per cent of the 4.7 million registered voters turned out at the polls. Turnout in some areas was as low as 6 per cent. Although voting itself took place in relative peace, allegations of fraud and voting irregularities, such as stuffed ballot boxes, were reported.

Twelve presidential candidates demanded that the election be invalidated, urging President Préval to resign and hand over to a provisional government when his five-year mandate officially ends on 7 February. Mr. Martelly demanded fresh presidential elections. The Joint Election Observation Mission of the Organization of American States (OAS) and of the Caribbean Community (CARICOM) that had monitored the elections noted "serious irregularities" but stated that they were not sufficient to invalidate the elections.

In the elections to the Chamber of Deputies, 22 candidates secured the required majority to be elected in the first round. Inité took 13 seats while the remainder went to five small parties. Four candidates - three from Inité and one from Alternativ - were elected to the Senate.

Preliminary results for the first round of the presidential elections placed Ms. Manigat in the lead with 31.37 per cent of the vote. Mr. Célestin came in second with 22.48 per cent of the vote, narrowly followed by Mr. Martelly with 21.84 per cent. Supporters of Mr. Martelly led violent street protests, killing five people. President Préval requested the OAS to help verify the preliminary tally. The Election Commission subsequently postponed the publication of the final results, which had been due by 20 December.

On 3 January 2011, the election commission announced that it would postpone the presidential and parliamentary run-off elections, scheduled for 16 January 2011, to an undetermined date.

On 13 January, the OAS submitted a report concluding that Mr. Martelly had won the second highest number of votes in the presidential elections after Ms. Manigat. However, Mr. Célestin refused to withdraw. Mr. Alain Le Roy, Chief of the MINUSTAH subsequently urged the Election Commission to respect the OAS' conclusion, warning that Haiti could face a constitutional crisis with the possibility of "considerable unrest and insecurity". Inité as well as President Préval urged Mr. Célestin to withdraw his candidacy. On 3 February, the Election Commission announced that it had removed Mr. Célestin's candidacy in favour of Mr. Martelly.

In the meantime, on 16 January Mr. Jean-Claude Duvalier - the former dictator known as 'Baby Doc' - made a sudden return to Haiti after 25 years of exile, further intensifying the political tensions in the country. He was subsequently arrested and faces corruption and human rights charges relating to his rule from 1971 to 1986.

The second round of parliamentary and presidential elections was held on 20 March. The final results of the Chamber of Deputies gave 46 seats to Inité. LAVNI and A.A.A. took eight seats each while Alternativ took seven. The remainder went to small parties. In the Senate, Inité took six of the 11 seats at stake while Alternativ took four. In the run-off presidential elections, Mr. Martelly triumphed over Ms. Manigat.

On 26 April, the newly elected Chamber of Deputies held its first session and elected Mr. Sorel Jacinthe (Inité) as its new Speaker. On 28 April, the 11 newly elected senators joined the Senate, which elected Mr. Rodolphe Joazile (Inité) as its new President.

Mr. Martelly was sworn in as the new President on 14 May 2011.

Note:
The five-year presidential term started on the date of the first round of the elections (7 February 2006) and is due to end on 7 February 2011. President Préval argued that the five-year term should include only the term effectively served and thus commence on the date when the President had been sworn in (i.e. from 14 May 2006 to 14 May 2011) based on the Constitution which sets the presidential term at five years.
STATISTICS
Voter turnout
Round no 128 November 2010
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
4'712'693
22%

Notes
Round no 220 March 2011
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes



Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Inité
A.A.A
RASAMBLE
Ansanm Nou Fò
LAVNI
PONT
REPONS PEYIZAN
KONBIT
VEYE YO
Liberation platform
ALTENATIV
Socialist Action Movement (MAS)
Independents
MOCHRENHA
Platform of the Haitian Patriots (PLAPH)
RESPE
Solidarity
Round no 2
Political group Candidates Votes % of votes
Inité
LAVNI
ALTENATIV
A.A.A
REPONS PEYIZAN
KONBIT
Liberation platform
Ansanm Nou Fò
Independents
MOCHRENHA
Platform of the Haitian Patriots (PLAPH)
RESPE
Solidarity
PONT
Socialist Action Movement (MAS)
VEYE YO
RASAMBLE
Distribution of seats
Round no 1
Political Group Total of seats Grand total
Inité 13
A.A.A 4
RASAMBLE 2
Ansanm Nou Fò 1
LAVNI 1
PONT 1
REPONS PEYIZAN 0
KONBIT 0
VEYE YO 0
Liberation platform 0
ALTENATIV 0
Socialist Action Movement (MAS) 0
Independents 0
MOCHRENHA 0
Platform of the Haitian Patriots (PLAPH) 0
RESPE 0
Solidarity 0
Round no 2
Political Group Total of seats Grand total
Inité 33 46
LAVNI 7 8
ALTENATIV 7 7
A.A.A 4 8
REPONS PEYIZAN 3 3
KONBIT 3 3
Liberation platform 3 3
Ansanm Nou Fò 3 4
Independents 2 2
MOCHRENHA 2 2
Platform of the Haitian Patriots (PLAPH) 1 1
RESPE 1 1
Solidarity 1 1
PONT 1 2
Socialist Action Movement (MAS) 1 1
VEYE YO 1 1
RASAMBLE 1 3
Distribution of seats according to sex
Men

Women

Percent of women
91

4

4.21%
Distribution of seats according to age
Distribution of seats according to profession
Comments
There are four vacant seats.
Source:
Parliament (15.07.2011)
http://184.168.116.203/rewsa19q36/mapa-d.php

PARLIAMENTARY MANDATE

Parliament name (generic / translated) Assemblée nationale / National Assembly
Structure of parliament Bicameral
Chamber name (generic / translated) Chambre des Députés / Chamber of Deputies
Related chamber (for bicameral parliaments) Sénat / Senate
NATURE
Nature of the mandate · Free representation
Start of the mandate · When the MPs take the oath at the first sitting of the Chamber of Deputies (Art. 29 of the Standing Orders; see also Art. 92-1 of the Constitution of 29.03.1987 and Art. 5 of the Standing Orders). Procedure (Art. 109 of the Constitution, Art. 26 to 29 of the Standing Orders).
Validation of mandates · Validation by the Chamber of Deputies, meeting in special committees (Art. 108 of the Constitution) Procedure (Art. 11 to 14, 20 to 25 of the Standing Orders)
End of the mandate · On the day when the legal term of the House ends (the Chamber cannot be dissolved; see Art. 111-8 of the Constitution)
Can MPs resign? Yes · Yes, of their own free will
· Procedure: MPs give notification of resignation to the President of the Board of the Chamber, who places the matter on the agenda of a sitting.
· Authority competent to accept the resignation: the Chamber of Deputies
Can MPs lose their mandate ? Yes (a) Loss of mandate by judicial decision resulting in ineligibility (Art. 113 of the Constitution)
STATUS OF MEMBERS
Rank in hierarchy · Outside Parliament: the official order of precedence ranks the President in the 4th position
Indemnities, facilities and services · Diplomatic passport
· Basic salary (see also Art. 129 of the Constitution: HTG 27,500
+ Allowance for fixed expenses: HTG 5,000
· No tax exemption
· Pension scheme
· Other facilities:
(a) Office in the electoral constituency
(b) General Secretariat (Art. 112 of the Constitution, Art. 31 to 31.3 of the Standing Orders)
(c) Official housing: Allowance for a second home: HTG 5,000
(d) Official car
(e) Travel and transport on official missions
Obligation to declare personal assets No
Parliamentary immunity - parliamentary non-accountability · The concept exists (Art. 114-1 of the Constitutions)
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. (Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.)
· Derogations: slander or libel
· Non-accountability takes effect on the day when the mandate begins (Art. 114 of the Constitution) and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
Parliamentary immunity - parliamentary inviolability · The concept exists (Art. 114-2 and 115 of the Constitution).
· It applies only to criminal proceedings, covers all offences with the exception of minor infractions and protects MPs only from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
·Derogations: in cases of flagrante delicto for acts liable to a corporal and infamous sentence, the authorisation of the Chamber is not necessary for arrest.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate (Art. 114 of the Constitution). It does not also cover judicial proceedings instituted against MPs before their election. In such cases, however, MPs' mandates may not be validated (see Procedure for validation of mandates).
· Parliamentary immunity (inviolability) can be lifted (Art. 115 of the Constitution):
- Competent authority: the Chamber of Deputies
- Procedure (Art. 115 of the Constitution, Art. 303 to 311 of the Standing Orders). In this case, MPs can be heard. They do not have means of appeal.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the political parties and certain international bodies.
· A project to edit a handbook of parliamentary procedure is under study.
Participation in the work of the Parliament · It is not compulsory for MPs to be present at plenary sittings or committee meetings (see also Art. 287 to 290 of the Standing Orders).
· Penalties foreseen in case of failure to fulfil this obligation (see also Art. 291 of the Standing Orders):
- Reading out, in a public sitting, posting in the meeting room and publication of the list of absences
- Salary deductions
- Loss of right to be deputised for the remainder of the session and of the right to stand for election to the Board or committees for three consecutive ungrounded absences in plenary sittings or committee meetings (Art. 295 of the Standing Orders)
· Body competent to judge such cases/to impose penalties:
Discipline · The rules governing discipline within Parliament are contained in Art. 49, 273 to 275 and 283 to 295 of the Standing Orders.
· Disciplinary measures foreseen (Art. 283 of the Standing Orders):
- Call to order (Art. 274, 284 and 292 of the Standing Orders)
- Call to order with entry in the record (Art. 293 of the Standing Orders)
- Censure with one month's forfeiture of one-fourth of the monthly salary allotted to the MP (Art. 285 to 286-2 and 294 of the Standing Orders)
- Warning for irrelevance (Art. 273 of the Standing Orders)
· Specific cases:
- Offence or insult (Art. 275 of the Standing Orders)
· Competent body to judge such cases (Art. 49 of the Standing Orders):
- Call to order, call to order with entry in the record, warning for irrelevance: the President
- Censure with one month's forfeiture of one-fourth of the monthly salary allotted to MPs: the Chamber, on a proposal by the President
Penalties are imposed by the First Secretary.
· Procedure:
- Call to order (Art. 274 and 284 of the Standing Orders)
- Censure with one month's forfeiture of one-fourth of the MPs' monthly salary (Art. 285 to 286-2 of the Standing Orders)
- Warning for irrelevance (Art. 273 of the Standing Orders)
Code (rules) of conduct · This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 112-1 of the Constitution, Art. 296 to 302 of the Standing Orders).
· Penalties foreseen for violation of the rules of conduct:
- Call to order (Art. 301 of the Standing Orders)
- Censure (Art. 301 of the Standing Orders)
· Competent body to judge such cases/to impose penalties:
- Call to order: the President
- Censure: the Chamber of Deputies
Procedure (Art. 112-1 of the Constitution, Art. 297 to 302 of the Standing Orders).
Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 18 January 2012
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