Haiti’s government structure is set by the 1987 Constitution, which establishes a semi-presidential republic with a president, a prime minister, a bicameral parliament, and an independent judiciary. In practice, the country has not held elections since 2016, and since April 2024 a Transitional Presidential Council has served as collective head of state. That council’s mandate expired on February 7, 2026, and Haiti is now working toward general elections tentatively scheduled for later in 2026.
The 1987 Constitution as the Legal Foundation
The 1987 Constitution replaced the Duvalier-era document and remains the source of authority for every branch of government, whether currently staffed or vacant. It sets up a separation of powers, a multiparty system, and a unitary state divided into ten departments with decentralized local governance. It also protects fundamental rights, including freedom of expression, the right to education, and protections against arbitrary detention.
A 2012 revision made two changes that matter for how the government functions today. It recognized dual citizenship, and it modified eligibility requirements for public office. The constitution also fixes February 7 as the date on which presidential terms begin and end, a date that has shaped every transition calendar since.
Who Governs Haiti Right Now
With no elected president and no sitting parliament, a Transitional Presidential Council (TPC) was created in April 2024 to act as collective head of state. A decree published in the official gazette Le Moniteur on April 12, 2024 formally established the council with seven voting members and two non-voting observers drawn from political parties and civil society groups.1Constitute Project. Haiti 1987 (rev. 2012) Constitution
The TPC’s legal foundation came from a political accord signed on April 3, 2024, brokered with international support. That accord created three transitional bodies: the Presidential Council itself, a transitional government headed by a prime minister, and a government oversight body known by its French acronym OCAG. Under the accord, the TPC held authority to appoint a prime minister, approve a cabinet, and oversee the creation of a Provisional Electoral Council. Members were barred from running in future elections, a rule meant to keep the transition focused on restoring constitutional order.
The TPC’s mandate was set to expire on February 7, 2026, matching the constitutionally designated date for presidential transitions.2Constitute Project. Haiti 1987 (rev. 2012) Constitution – Article 134-1 The United Nations Integrated Office in Haiti (BINUH) formally acknowledged the end of that mandate on the date it expired.3BINUH. BINUH Statement on the End of the Mandate of the Transitional Presidential Council Governance arrangements after that date remain fluid as the country moves toward elections.
The Path Back to Elected Government
Haiti’s Provisional Electoral Council (CEP) has set August 30, 2026 as the target date for a first round of voting, with a second round planned for December 2026 and a new president’s inauguration on February 7, 2027. The CEP has published an electoral decree, begun registering political parties (more than 200 as of early 2026), and assessed voting centers in nine of the country’s ten departments.
Whether elections happen on that timeline depends on two conditions the CEP has identified: adequate security across the national territory, and full financing of the electoral process. More than 1.4 million people have been displaced by gang violence, many without access to voter identification cards. The CEP has said it needs the ability to operate in every commune and communal section, and that the current security situation does not guarantee that. International partners including the United Nations, the European Union, the Organization of American States, and the Caribbean Community are expected to help fill logistical and financial gaps.
The National Assembly
The constitution creates a bicameral National Assembly consisting of a Senate and a Chamber of Deputies. Both chambers currently sit empty because no parliamentary elections have been held in years, but the constitutional rules governing each remain in force and will apply whenever elections occur.
The Senate
The upper house has 30 seats, with three senators representing each of Haiti’s ten departments. Senators serve six-year terms on a staggered schedule, with one-third renewed every two years. Candidates must be native-born Haitians who have never renounced citizenship, at least 30 years old, resident in the department for at least four consecutive years before the election, and owners of real property there.4Political Database of the Americas. 1987 Constitution of the Republic of Haiti – Article 96 The Senate also has the constitutional power to sit as a High Court of Justice for trials of senior officials.
The Chamber of Deputies
The lower house has 119 members elected from single-member constituencies. That number increased from 99 under a 2015 electoral law that redrew constituency boundaries. Deputies serve four-year terms. Candidates must be at least 25 years old and have lived in their constituency for at least two consecutive years.5Inter-Parliamentary Union. Haiti Chambre des Deputes – Chamber of Deputies
Both chambers must agree on the text of a bill before it goes to the executive. Revenue and tax legislation follows a specific path: only the executive branch can introduce budget and tax bills, and those bills must be voted on first by the Chamber of Deputies before moving to the Senate.6Constitute Project. Haiti 1987 (rev. 2012) Constitution – Article 111-2
The Judiciary
Haiti’s courts operate in a civil law tradition influenced by the Napoleonic Code, relying on written statutes and codes rather than case-law precedent. The constitution vests judicial power in five tiers: the Court of Cassation, Courts of Appeal, Courts of First Instance, Courts of Peace, and special courts whose composition is set by law.7Constitute Project. Haiti 1987 (rev. 2012) Constitution – Article 173
The Court of Cassation sits at the top and serves as the final arbiter of legal disputes. It does not retry facts; it reviews whether lower courts applied the law correctly. Below it, the Courts of Appeal handle challenges to trial-level decisions. Courts of First Instance are the primary trial courts for civil and criminal matters, and Courts of Peace handle minor disputes and preliminary proceedings at the local level.
Judges of the Court of Cassation and Courts of Appeal are appointed for ten-year terms, and Courts of First Instance judges serve seven-year terms.8WIPO Lex. Haiti 1987 Constitution (rev. 2012) – Article 174 The constitution also states that judges are appointed for life and can be removed only for a proven abuse of authority or permanent incapacity.9Constitute Project. Haiti 1987 (rev. 2012) Constitution – Article 177 Together these provisions create strong tenure protections once a judge takes the oath.
Oversight of the judiciary falls to the Superior Council of the Judicial Power (CSPJ), which manages the career paths of judges, including appointments, discipline, and ethical standards. The CSPJ exists to guarantee the independence of the judiciary from the other branches.
Departments, Communes, and Local Bodies
Haiti is divided into ten departments, which are the country’s primary administrative units. Each is managed by a delegation representing the central executive branch at the regional level. Departments are subdivided into arrondissements, which contain communes. The commune is the basic unit of local governance, run by a municipal council led by a mayor and two deputies who handle local services such as sanitation and public infrastructure.
Below the commune level, the constitution creates two bodies for the smallest administrative zones, the communal sections. The CASEC (Board of the Communal Section) handles day-to-day administration, and the ASEC (Assembly of the Communal Section) serves as a deliberative body that advises the CASEC and monitors its budget. These local officials are elected to four-year terms. The system was designed to decentralize governance, though many of these positions have gone unfilled during the prolonged absence of elections.
The Haitian National Police and International Security Presence
Haiti abolished its military in 1995 and replaced it with a civilian police force, the Haitian National Police (Police Nationale d’Haïti, or PNH). The PNH was created by the Law of November 29, 1994 and operates as the country’s sole domestic security force.10Policing Law. Haiti – National Legislation It falls under the Ministry of Justice and Public Security and is responsible for maintaining public order, protecting lives and property, and enforcing the penal code. Specialized units include a Coast Guard and tactical teams for high-risk operations. Officers are subject to internal investigations by the Inspector General’s office, with consequences for misconduct ranging from suspension to permanent dismissal or criminal prosecution.
The force remains understaffed relative to the security challenges it faces, and international support has become a central part of Haiti’s security arrangements. The UN Security Council authorized a Multinational Security Support Mission (MSS) in October 2023 under Resolution 2699. The mission is led by Kenya and financed through voluntary contributions rather than standard UN peacekeeping funds. As of early 2025, the MSS consisted of just over 1,000 personnel from Kenya, Jamaica, Belize, Guatemala, and El Salvador.11Congressional Research Service. Haiti in Crisis: Developments Related to the Multinational Security Support Mission
The MSS mandate was extended through October 2025 under Resolution 2751, with an operational plan that includes supporting the PNH and securing critical infrastructure. Independent assessments have described the mission as underfunded and understaffed. The TPC requested in late 2024 that the MSS be converted into a full UN peacekeeping operation, but the UN Secretary-General said in February 2025 that such a transition was not feasible until significant progress had been made in reducing gang territorial control.11Congressional Research Service. Haiti in Crisis: Developments Related to the Multinational Security Support Mission Separately, BINUH maintains a presence focused on governance, human rights monitoring, and political advisory support.12BINUH. United Nations Integrated Office in Haiti
Citizenship and Who Can Hold Office
The 2012 amendments legalized dual citizenship, removing a longstanding prohibition. Any person of Haitian origin can now retain Haitian citizenship alongside another country’s nationality. That change matters for the diaspora in the United States, Canada, and France.
The rule comes with a major restriction on high office. The constitution bars anyone holding a second nationality at the time of registration from serving as President, Senator, Deputy, government minister, or member of the Constitutional Council.13Constitute Project. Haiti 1987 (rev. 2012) Constitution – Articles 91, 96, 135, 172-1 Dual citizens can vote and own property, but they cannot hold those offices unless they renounce their foreign nationality before registering as a candidate. The constitution also states that no Haitian may make their foreign nationality prevail on Haitian territory.