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H a i t i 1. CONSTITUTIONAL FRAMEWORK In matters of freedom of expression, the Constitution of March
29, 1987, contains three specific provisions: 1. freedom of expression,
2. the press, 3. information. As to freedom of expression, the constitution provides: Article 28: ?Any Haitian has the right to freely express his
opinions on any matter and by any means he chooses.? As to freedom of the press, the Constitution of March 29, 1986,
provides: Article 28.1: ?A journalist practices his profession freely
within the framework of the law. This practice may not be submitted
to any authorization or censorship except in case of war.? Article 28.2: ?A journalist may not be forced to reveal his
sources. He has the duty, however, to verify the authenticity and
accuracy of information. He also has an obligation to observe professional
ethics.? Article 28.3: ?Any press offense as well as any abuse of the
right of expression pertain to the Criminal Code.? As to freedom of information, the Constitution provides: Article 40: ?The government has the obligation to publicize
by means of the oral, written and televised press, in the Créole
and French languages, all laws, law-decrees, decrees, international
agreements, treaties and conventions, and all matters pertaining
to national life, with the exception of information pertaining to
national security.? As regards access to public records or public information,
Article 40 quoted above also makes recommendations in this area.
However, public officials have never facilitated access to journalists. Constitutionally, by virtue of Article 278.2, there exists
a situation that could cause the Haitian Government to restrict
freedom of the press. Article 278.2: ?The National Assembly, together with the executive
branch, decides which constitutional guarantees may be suspended
in parts of the territory placed under a state of siege [martial
law].? Article 15 of the Press Law of July 31, 1986, includes specifications
on this state of exception which may cause the executive branch
to restrict or suspend this freedom. Article 15 of the Press Law, Chapter II: ?Of Press Offenses: Freedom of the press, howsoever exercised, is guaranteed. Nonetheless,
it may be subject to restrictions in the following cases: a) a declared state of
war b) a state of siege [martial
law].?
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