My Goal For A Future Haiti Under The Constitution.

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Reply to Msg 9815

Here is a copy of the Haitian Constitution which covers the doctrine for the Armed Forces and the Police Forces that I will follow to best survey and follow in the implementations for my plan to re-establish, re-instated and improve the Haitian Armed Forces.

As it stands on paper, the Haitian Armed Forces still exists today for it was only simply disbanded and not destroyed, terminated or eliminated.

Read The Recent Haitian Constitution Title 11 Article 263 to 268-3. pdba.georgetown.edu/Constitutions/Haiti/haiti1987.html

TITLE XI
The Armed Forces and the Police Force.

ARTICLE 263:
The "Public Forces "la Force Publique) are composed of two (2) distinct bodies:
a. The Armed Forces of Haiti, and
b. The Police Forces.

ARTICLE 263-1:
No other armed corps may exist in the national territory.

ARTICLE 263-2:
All members of the police and armed forces shall take an oath of allegiance and respect for the Constitution and the flag at the time of their enlistment.

CHAPTER I
The Armed Forces.

ARTICLE 264:
The armed Forces comprise the Land, Sea and Air Forces and the Technical Services.

The Haitian Armed Forces are set up to ensure the security and integrity of the territory of the Republic.

ARTICLE 264-1:
The Armed Forces are in practice commanded by a general officer bearing the TITLE COMMANDER IN CHIEF OF THE HAITIAN ARMED FORCES.

ARTICLE 264-2:
The Commander in Chief of the Armed Forces, pursuant to the Constitution, is chosen from among the general officers on active service.

ARTICLE 264-3:
His term is set at three (3) years and is renewable.

ARTICLE 265:
The Armed Forces are apolitical.

Their members may not be part of any political group or party, and they must observe the strictest neutrality.

ARTICLE 265-1:
Members of the Armed Forces exercise their right to vote, under the Constitution.

ARTICLE 266:
The duties of the Armed Forces are:
a. Defend the country in the event of war;

b. Protect the country against threats from abroad;

c. See to surveillance of the land, sea and air boundaries;

d. At the well-founded request of the Executive, they may land assistance to the police when the latter are unable to handle a situation;

e. Assist the Nation in the event of a natural disaster;

f. In addition to their regular duties, the Armed Forces may be assigned to development work.

ARTICLE 267:
Military personnel on active duty may not be appointed to any Government post, except temporarily to perform a specialized service.

ARTICLE 267-1:
To be a candidate for an elective post, all military personnel on active duty must be laced on inactive service or on entirement one (1) year before publication of the electoral decree.

ARTICLE 267-2:
The military career is a profession.

Its ranking, terms of enlistment, ranks, promotions, discharges, and retirement are determined by the regulations of the Haitian Armed Forces.

ARTICLE 267-3:
Military personnel are under the jurisdiction of a military court only for offenses and crimes committed in wartime or for violations of military discipline.

They may not be discharged, placed on inactive service, placed on half pay, or retired early except with their consent.

If such consent is not given, the party concerned may lodge an appeal with the court of competent jurisdiction.

ARTICLE 267-4:
Military personnel retain for life the last rank obtained in the Haitian Armed Forces.

They may be deprived of their rank only by a final judgment by a court of competent jurisdiction.

ARTICLE 267-5:
The State must award benefits to military personnel of all ranks, fully guaranteeing their physical security.

ARTICLE 268:
Within the framework of compulsory civilian national services for both sexes, provided for by article 52-3 of the Constitution, the Armed Forces participate in organizing and supervising that service.

Military service is compulsory for all Haitians who have attained eighteen (18) years of age.

ARTICLE 52-3:
Compulsory civic service for both sexes is established.

The terms thereof shall be set by law.

The law sets the method of recruitment, and the length and regulations for the performance of these services.

ARTICLE 268-1:
Every citizen has the right to armed self defense, within the bounds of this domicile, but has no right to bear arms without express well-founded authorization from the Chief of Police.

ARTICLE 268-2:
Possession of a firearm must be reported to the police.

ARTICLE 268-3:
The Armed Forces have a monopoly on the manufacture, import, export, use and possession of weapon of war and their munitions, as well as war material.

Wilgeens Rosenberg, July 18 2008, 4:27 AM

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