Haiti's Red and Blue Flag
The Haitian Constitution of 1987 is the only legislation governing the issue of Haitian nationality (Haiti 19 Jan. 2007; Citizenship Laws of the World 2001). Under the constitution, Haitian nationality can be obtained by descent or naturalization (Citizenship Laws of the World 2001). Simply being born in Haiti does not automatically confer Haitian citizenship (ibid.). Articles 11 and 12 of the 1987 constitution state, respectively, that [translation] “any person born of a Haitian father or Haitian mother who are themselves native-born Haitians and have never renounced their nationality possesses Haitian nationality at the time of birth” (Haiti Mar. 1987, Art. 11), and that [translation] “Haitian nationality may be acquired by naturalization” (ibid. Mar. 1987, Art. 12) when the person requesting it has resided in Haiti for five years (ibid., Art. 12.1).
Article 15 of the 1987 constitution states that [translation] “dual Haitian and foreign citizenship is not recognized under any circumstances” (Haiti March 1987). According to Section 13.a, a person loses Haitian citizenship when that person acquires the citizenship of a foreign country (ibid.). However, the issue of dual citizenship came up in Haiti, following the candidacy of Dumarsais Siméus in the 2005 presidential election (AlterPresse 13 Nov. 2005; ibid. 4 Nov. 2005; Radio Kiskeya 8 Sept. 2005). Dumarsais Siméus is a naturalized American (Haiti Press Network 18 Jan. 2007).
Moreover, President René Préval used the June 2006 tourism summit in Miami to tell the Haitian diaspora that he was, in principle, in favour of a constitutional amendment to allow dual citizenship (Le Nouvelliste 14 July 2006). He stated that he had begun discussing the topic with the political parties represented in parliament and that he would eventually consult other stakeholders from Haitian society (ibid.). However, according to Le Nouvelliste, [translation] “there is no evidence that the President will succeed because he first has to reach a consensus among all sectors of society, consult the people by referendum, and then submit the document to parliamentarians for approval” (14 July 2006). To date, the 1987 constitution has never been amended (Haiti 19 Jan. 2007).
Grounds for withdrawing Haitian citizenship are explained in Article 13 of the 1987 constitution:
Haitian citizenship is lost by
a) naturalization in a foreign country;
b) holding a political post in the service of a foreign government;
c) continuous residence abroad for three (3) years of a naturalized Haitian without duly granted authorization by a competent official. Anyone who loses his or her nationality in this manner may not reacquire it. (Haiti Mar. 1987)
All citizenship laws in effect today are from the Constitution of Haiti ratified in 1987.
Haitians Dancing in Traditional Garb
Standing descent
A person born in Haiti does not automatically receive citizenship. A child, regardless of where they are born, is considered Haitian if either their mother or father is a native-born citizen of Haiti.
Standing naturalization
Naturalization is possible, yet can only be obtained after a continuous period of Haitian residence for five years. A naturalized citizen has the right to vote, but is not eligible to hold public office until five years after their date of naturalization, excluding those offices reserved for native-born Haitians by Constitutional law.
Dual citizenship
In recent years, there has been discussion about a constitutional amendment to change Haiti’s stance against dual nationality; yet while feelings have begun to lean towards acceptance of dual citizenship, policy has yet to change. Legally, the 1987 constitution still stands, which states, “Dual Haitian and foreign nationality is in no case permitted.” [47] The constitution also automatically negates Haitian citizenship with the acquisition of foreign citizenship, which strongly affects today’s Haitian Diaspora. However, there is an exception.[48] A child with Haitian parents born outside of Haiti may dually acquire the citizenship of their birth country. At the age of eighteen, the child must renounce one of their nationalities.
