University Academy Culture

University Academy Culture

University Academy Culture

University Academy Culture

- Constitution of Haiti

Chapter V - The University - The Academy - Culture

Article 208:

Higher education is free. it is provided by the University of the Haitian State (Univertité d'État d'Haiti), which is autonomous and by the superior public schools and the superior private schools accredited by the State.

Article 209:

The State must finance the operation and development of the Haitian State University and the public superior schools. Their organization and their location must be planned from the perspective of regional development.

Article 210:

The Establishment of research centers must be encouraged.

Article 211:

Authorization for operation of universities and private superiors schools is subject to the technical approval of the Council of the State University, to a majority of Haitian participation in the capital and faculty, and to the obligation to teach primarily in the official language of the country.

Article 211-1:

The universities and the private and public superior schools provide academic and practical instruction adapted to the trends and requirements of national development.

Article 212:

An organic law regulates the establishment, location and operation of university and public and private superior schools in the country.

Article 213:

A Haitian Academy shall be established to standardize the Creole language and enable it to develop scientifically and harmoniously.

Article 213-1:

Other academies may be established.

Article 214:

The title Academy Member is purely honorific.

Article 214-1:

The law shall determine the mode of organization and operation of academies.

Article 215:

Archaeolical, historical, cultural, folklore and architectural treasures in the country, which bear witness to the grandeur of our past. are part of the national heritage. Consequently, monuments, ruins, sites of our ancestors' great feats of arms, famous centers of our African beliefs, and all vestiges of the past are placed under the protection of the State.

Article 216:

The law determines special conditions for this protection in each sphere.

Title VII - Public Finance
Article 217:

The finances of the Republic are decentralized. Financial management is the responsibility of the Minister concerned. The Executive, assisted by an Interdepartmental Council, draws up the law that sets the portion and nature of public revenue allotted to the territorial divisions.

Article 218:

No Government levy may be established except by law. No charge or tax, whether imposed by a Department, a Municipality, or Communal Section, may be established without the consent of its territorial divisions.

Article 219:

No preferential tax treatment may be established.

No tax exemption, increase, decrease or elimination may be established except by law.

Article 220:

No pension, bonus, allotment or subsidy charged to the Public Treasury may be authorized unless provided by law. Pensions paid by the State are indexed to the cost of living.

Article 221:

Subject to special provisions thereon, the holding of two or more salaried public offices at the same time is strictly forbidden, except posts in education.

Article 222:

Procedures for preparation of the budget and its execution are determined by law.

Article 223:

Enforcement of the Law on the Budget and on Public Accounts is monitored by the Superior Court of Auditors and Administrative Disputes and by the Budget Office.

Article 224:

National monetary policy is set by the Central Bank jointly with the Minister of Economics and Finance.

Article 225:

An autonomous public agency with legal personality and financial autonomy performs the functions of a Central Bank. Its regulations are determined by law.

Article 226:

The Central Bank has exclusive authority to issue as legal tender throughout the territory of the Republic, paper money representing the monetary unit, and coins, according to the name, weight, description, amount and use set by law.

Article 227:

The budget of each Ministry is divided into chapters and sections, and must be voted upon article by article.

Article 227-1:

Amounts to be drawn on budget allocations may in no case exceed one-twelfth of the appropriations for a particular month, except in December, because of bonuses paid to all Government employees and officials.

Article 227-2:

General accounts of receipts and expenditures of the Republic shall be kept by the Minister of Finance according to an accounting method established by law.

Article 227-3:

The General accounts and budgets stipulated in the receding article, accompanied by a report from the Superior Court of Auditors and Administrative Disputes must be submitted to the Legislative Houses by the Minister of Finance no later than fifteen (15) days after the opening of the legislative session. The same applies to the annual balance sheet and statement of operations of the Central Bank and to all other accounts of the Haitian State.

Article 227-4:

The Government fiscal year begins on October 1 of each year and ends on September 30 of the following year.

Article 228:

Each year the Legislature issues:

a. The statement of receipts and expenditures of the Government for the preceding year, or years;

b. The Government General Budget containing the rough estimates and the portion of funds allocated to each Ministry of the year.

Article 228-1:

However, no proposal or amendment may be introduced into the Budget when it is being voted upon, without provision of the ways and means therefore.

Article 228-2:

No increase or reduction may be made in the allocation of Government funds, except by amendment of the laws relating thereto.

Article 229:

The Legislative Houses may refrain from doing any legislative work until the above documents are submitted to it. They shall refuse to grant the Ministers discharge when the accounts submitted do not in themselves, or by supporting documents, provide the necessary data for verification and evaluation.

Article 230:

Examination and payment of the General Administration Accounts and all accounts of public funds are effected according to the method established by law.

Article 231:

If for any reason whatever the Legislative Houses do not act upon the budget for one or more Ministerial Departments before they adjourn, the budget or budgets of the Departments concerned shall remain in force until a new budget is voted on and adopted.

Article 231-1:

In the event that, through fault of the Executive Branch, the Budget of the Republic has not been voted upon, the President of the Republic shall immediately call a special session of the Legislative Houses for the sole purpose of voting on the Government budget.

Article 232:

Autonomous agencies and enterprises and entities subsidized wholly or in part by the Public Treasury shall be governed by special budgets and salary and wage systems approved by the Executive Branch.

Article 233:

For the purpose of maintaining constant and careful supervision over Government expenditures, a fifteen-ember Parliamentary Committee with nine (9) Deputies and six (6) Senators shall be elected by secret ballot at the beginning of each regular session, to report on the management Ministers, in order to enable the two (2) Assemblies to give them discharge.

This Committee may engage the services of specialists to assist it with its monitoring functions.

Title VIII - The Civil Service
Article 234:

The Haitian Civil Service is the instrument by which the State carries out its missions and achieves its objectives. To ensure its viability, it must be managed honestly and efficiently.

Article 235:

Government employees and officials shall be exclusively in the service of the State. It is their duty to abide faithfully by the norms and ethics determined by law for civil servants.

Article 236:

The law establishes the organization of the various Government structures and stipulates the conditions for their operation.

Article 236-1:

The law shall regulate the civil service on the basis of aptitude, merit and conduct. It shall guarantee security of employment.

Article 236-2:

The civil service is a career. No official may be hired except by competition or by meeting other conditions prescribed by the Constitution and by law, nor may he be dismissed except for causes specifically determined by law. Dismissals must in all cases be ruled upon by the Court of Administrative Disputes.

Article 237:

Career service officials are not members of any particular Government agency but are members of the civil service, which makes them available to the various Government agencies.

Article 238:

Officials indicated by law have the obligation to declare the status of their net worth to the Clerk of the Civil Court within thirty (30) days following their entry into service. The Government Auditor must take every step he deems necessary to verify the accuracy of the declaration.

Article 239:

Government employees and officials may form associations to defend their rights under the conditions established by law.

Article 240:

Holders of public office or positions, particularly Ministers and Secretaries of State, officers of the Public Prosecutor's Office, Delegates and Vice Delegates, ambassadors, private secretaries of the President of the Republic, members of the Cabinet of Ministers, the Director Generals of the Ministerial Department of autonomous agencies, and members of the Administrative Council are not eligible for the Government career service.

Article 241:

The law punishes violations committed against the treasury and unjust gain. Officials who have knowledge of such actions have the duty to report them to the competent authorities.

Article 242:

Unjust gain may be determined by all types of evidence, particularly presumption of a sharp disproportion between the official's means acquired after his entry into service and the accumulated amount of salaries and emoluments to which the post he has occupied entitles him.

Article 243:

Officials guilty of the above offenses are entitled to only the twenty-year statute of limitation. This limitation period begins to run with the termination of their duties or the causes that would have prevented any prosecution.

Article 244:

The State has the duty to avoid major salary disparities in the civil service.

Constitution of Haiti

Republic of Haiti
Haitian Nationality
Nature of the Citizenship
Basic Rights
Right to life and Health
Individual Liberty
Freedom of Expression
Freedom of Conscience
Freedom of assembly and Association
Education and Teaching
Freedom to Work
Right to Information
Right to Security
Duties of the Citizen
National Sovereignty
Territorial Divisions And Decentralization
Communal Sections
Delegates and Vice Presidents
Interdepartamental Council
Legislative Branch
House of Deputies
National Assembly
Exercise of Legislative Power
Executive Branch
President of the Republic
Duties of the President of the Republic
Powers of The Prime Minister
Ministers and Secretaries of State
High Court of Justice
Independent Institutions
Permanent Electoral Council
Superior Court of Auditors
Conciliation Comission
Protection of Citizens
University Academy Culture
Public Finance
Civil Service
Economics and Agriculture
Armed Forces and the Police Force
Armed Forces
Police Forces
General Provisions
Amendments to the Constitution
Temporary Provisions
Final Provisions
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