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Dominican Republic and Haiti: Country Studies

by Helen Chapin Metz et al

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<strong>Dominican</strong> <strong>Republic</strong> <strong>and</strong> <strong>Haiti</strong>: <strong>Country</strong> <strong>Studies</strong><br />

on political prisoners, or committed political assassinations<br />

(Article 291). The constitution abolishes the death penalty <strong>and</strong><br />

focuses on the protection of civil rights through detailed<br />

restrictions on the arrest <strong>and</strong> detainment of citizens. It calls for<br />

the establishment of a career civil service based on merit <strong>and</strong><br />

for job security, <strong>and</strong> it recognizes both Creole <strong>and</strong> French as<br />

official languages.<br />

The constitution established a complex system of government<br />

based upon three major independent branches of government:<br />

legislative, executive, <strong>and</strong> judicial. Legislative powers<br />

are vested in two houses, the Chamber of Deputies <strong>and</strong> the<br />

Senate. Deputies <strong>and</strong> senators are elected by direct suffrage.<br />

Eighty-three deputies are elected to represent electoral districts,<br />

<strong>and</strong> twenty-seven senators represent <strong>Haiti</strong>'s nine geographic<br />

departments. In the executive branch, the president of<br />

the republic serves as head of state. A prime minister, chosen<br />

by the president from the majority party in the legislature,<br />

heads the government. Other components of the executive<br />

branch include cabinet ministers <strong>and</strong> secretaries of state. The<br />

judiciary consists of a Supreme Court (the Court of Cassation),<br />

courts of appeal, <strong>and</strong> other lower courts. The president<br />

appoints judges on the basis of nominations made by various<br />

elected bodies, including departmental <strong>and</strong> communal assemblies.<br />

The constitution also provides for several special institutions<br />

<strong>and</strong> autonomous governmental offices that include the Permanent<br />

Electoral Council (Conseil Electoral Permanent), the<br />

Superior Court of Auditors <strong>and</strong> Administrative Disputes, the<br />

Conciliation Commission (a body responsible for settling disputes<br />

between the executive <strong>and</strong> legislative branches <strong>and</strong><br />

between the two houses of the legislature), the Office of Citizen<br />

Protection (an ombudsman organization established to<br />

protect citizens against abuse by the government) , the University<br />

of <strong>Haiti</strong>, the <strong>Haiti</strong>an Academy (responsible for st<strong>and</strong>ardizing<br />

the Creole language), <strong>and</strong> the National Institute of<br />

Agrarian Reform. The constitution contains a number of provisions<br />

intended to guide the country during transitions between<br />

elected governments. These provisions include granting the<br />

Permanent Electoral Council sufficient autonomy to hold local<br />

<strong>and</strong> national elections, free of outside interference.<br />

The application of constitutional provisions has occasionally<br />

been the focus of vigorous political debate, both within the<br />

National Assembly <strong>and</strong> between the legislative <strong>and</strong> executive<br />

428

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