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 àrt 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, laced 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.

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 noright 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.

CHAPTER II

THE POLICE FORCES

ARTICLE 269: The Police Force is an armed body.

It operates under the Ministry of Justice.

ARTICLE 269-1: It is established to ensure law and order and protect the life and property of citizens.

Its organization and mode of operation are regulated by law.

ARTICLE 270: The Commander in Chief of the Police Forces is appointed, in accordance with the Constitution, for a three (3) year term, which is renewable.

ARTICLE 271: An Academy and a Police School have been established, whose organization and operations are set by law.

ARTICLE 272: Specialized sections, particularly the Penitentiary Administration, the Firemen's Service, the Traffic Police, the Highway Police, Criminal Investigations, the Narcotics Service and the Anti-Smuggling Service, have been established by the law governing the organization, operation and location of the Police Forces.

ARTICLE 273: The police, as an auxiliary of the Justice System, investigate violations, offenses and crimes committed, in order to discover and arrest the perpetrators of them.

ARTICLE 274: In the exercise of their duties, members of the "Public Forces" are subject to civil and penal liability in the manner and under the conditions stipulated by the Constitution and by law.

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