Haiti: The 1987 Constitution, or the Failure of a National Pact …
By Jean-Marie Mondésir
On March 29, 1987, Haiti sought to mark a historic turning point. Following the Duvalier regime, symbolized by the departure of Jean-Claude Duvalier on February 7, 1986, the country adopted a new Constitution intended to lay the foundations of a democratic Republic.
Nearly four decades later, the outcome is unequivocal: this document has failed to unify the nation. Instead, it has entrenched political fragmentation, institutional paralysis, and structural instability.
A Flawed Break, A Biased Pact
The 1987 Constitution was not designed as a unifying national framework but as an immediate political response to a rejected past. In doing so, its framers prioritized exclusion over inclusion and retribution over reconciliation.
By marginalizing segments of society associated—rightly or wrongly—with the former regime, they embedded division at the very core of the constitutional order. No constitution can endure when it is born out of such imbalance.
The Illusion of Imported Models
One of the Constitution’s fundamental weaknesses lies in its reliance on foreign institutional models. Designed with limited regard for Haiti’s socio-economic realities and political culture, it reflects a theoretical construct rather than a functional system.
The consequences are evident:
- a weakened executive branch,
- a confrontational legislature,
- a persistently dysfunctional governance structure.
This disconnect has turned the Constitution into an unstable framework incapable of ensuring effective governance.
A Constitution Beyond the Reach of Its People
In any democracy, the constitution should be the most accessible legal document. In Haiti, it remains largely out of reach.
The predominance of French—especially in the 2011 amendment—effectively excludes the Creole-speaking majority. This is not merely a linguistic issue; it is a democratic deficit. A population cannot fully adhere to laws it does not understand.
A State Designed Beyond Its Means
The 1987 Constitution established an institutional framework that far exceeds the country’s financial and administrative capacity.
As a result:
- institutions remain largely ineffective,
- decentralization is largely symbolic,
- local governance is severely underdeveloped.
The gap between constitutional ambition and economic reality has rendered the system largely inoperative.
Reform Without Transformation: A Dead End
The 2011 amendment failed to address structural flaws. Controversial and widely contested, it deepened mistrust without delivering meaningful reform.
Subsequent reform efforts have faced persistent obstacles: political deadlock, lack of consensus, and systemic instability.
Rebuilding Haiti’s Social Contract
Incremental reform is no longer sufficient. Haiti must fundamentally rethink its constitutional framework.
A credible refoundation must be built upon:
- genuine national inclusion,
- full linguistic accessibility in both Creole and French,
- institutional and fiscal realism,
- a clear commitment to decentralization.
A Defining Moment
Constitutional reform carries risks, including political manipulation. Yet the greater danger lies in maintaining the status quo.
A constitution is not a static symbol—it is a living instrument. When it no longer serves its purpose, it must be reimagined.
Conclusion
The 1987 Constitution was a historical necessity. It is no longer a political solution.
Haiti now faces a defining choice: transform a contested legacy into a genuine national pact, or continue to endure the consequences of a constitutional framework that has failed to organize collective life for nearly forty years.
Jean-Marie Mondésir
Haitian Jurist | Specialist in Civil Law
Chairman of Haitian Jurists Society
Editor in chief, Portsalutmagazine.ca
CEO of Dumont Inter 103.1 FM