Haiti’s upcoming constitutional referendum: A controversial process amid political and security crisis

PORT-AU-PRINCE — As Haiti marks the 38th anniversary of its 1987 Constitution on March 29, a proposed referendum to amend the document is generating controversy. While proponents argue that constitutional reform is needed to address governance challenges, critics say the process is illegitimate, violates the Constitution itself and could further destabilize the country.

The referendum is moving forward despite legal challenges, a worsening security crisis, and historically low voter turnout in Haiti. Millions displaced by gang violence have lost their voter IDs, while many others remain uninformed about the initiative.

Haiti’s upcoming constitutional referendum has sparked controversy due to legal concerns, lack of public awareness, and the country’s ongoing security crisis. The 1987 Constitution explicitly forbids referendums as a method for amendments, yet the transitional government is moving forward despite opposition from legal experts, political leaders, and civil society groups. Meanwhile, millions of Haitians remain uninformed about the process, and voter turnout has plummeted in recent elections, raising questions about the referendum’s legitimacy.

Constitutional violations and legitimacy concerns

Haiti’s 1987 Constitution explicitly prohibits referendums as a means of amendment. Article 284-1 requires changes to be approved by a two-thirds parliamentary majority before ratification by the National Assembly. Article 284-3 states that “general or sectorial referendums to amend the Constitution are strictly forbidden.”

Despite these restrictions, Haiti’s transitional government is proceeding with the referendum, sparking backlash from constitutional experts, opposition leaders, and civil society groups.

“The current leaders do not have the right to modify, change, or amend the Constitution, as they lack the legitimacy and necessary qualifications,” said Haitian lawyer Reynold Georges, a former member of the 1987 constitutional assembly. “The Constitution does not recognize a Transitional Presidential Council. They should stop this process, but they are stubborn.”

Limited consultation and growing opposition

The government has held consultation meetings in several cities, but many organizations say they were either excluded or given only vague invitations.

“I have already submitted a document to the referendum organizing team. We participated in all the dialogues,” said Novia Augustin, president of Refuge des Femmes d’Haïti (RFH). However, groups like the Fédération des Organisations de Jeunes (FOJ) argue that insecurity prevents a legitimate referendum.

Many organizations report being left out entirely. The Rassemblement des Madan Sara (RAMSA, Madan Sara Assembly) and the Réseau Protestant pour la Défense des Droits Humains (RPDH) say they were not invited and strongly oppose the initiative.

“We cannot support a project that violates the Constitution. We urge the people to stand against this macabre initiative,” said Reverend Pierre Destiné, RPDH spokesperson.

Lack of public awareness, declining voter turnout, and historical precedents 

Despite government-led consultations, many Haitians remain unaware of the referendum or its process. In Port-au-Prince, residents like Alisandra Clairegeune, a student, and Patrick Casséus, a street vendor, say they have little to no understanding of the process.

In rural areas, the situation is worse. Wadnel François, a resident of Bombardopolis, a commune in northwestern Haiti, told The Haitian Times that his town has received no information. “The referendum is a project whose true intentions remain unknown to Haitians,” he said.

The 31-year-old François said that despite two meetings held in Port-de-Paix, authorities have made no substantial efforts to reach people throughout the department. 

In Les Cayes, the main city of Haiti’s Southern Department, elementary school teacher Serapta Bernard stated that she hadn’t heard about the referendum in her community. According to her, this hasn’t been a significant topic in the local news. 

In Gonaïves and Cap-Haïtien, discussions were also held. However, major organizations, including the political party Pitit Dessalines, were not invited to express their views on the referendum or constitutional change, confirms Weesley Pierre, the party’s coordinator in the North. Like other groups, they oppose the referendum and plan to protest on March 29 to denounce the process.

“We won’t allow them to act outside the authority granted by the constitution,” Pierre stated. “When a constitution clearly prohibits certain actions, they are dismissing it without engaging with the Haitian people. Thus, no dictators should try to mislead or coerce them into actions that violate the Constitution.”

Yet, the Minister Delegate for Constitutional Affairs representative, Jennifer Surfin, told Fort-Liberté’s (Northeast Department) participants of a National Conference, “We are here to allow you to say everything you think and everything you would like to say openly.”

Wideline Pierre, a steering committee member, also emphasized the importance of everyone’s input: “Your opinions and ideas are essential because they will help us achieve a constitutional revision project, a new societal project for Haiti.”

However, the lack of large-scale engagement comes amid historically low voter participation in Haiti as people become less confident in the political process. According to data from European Union electoral observation mission to Haiti, Organization of American States (OAS), and the International Foundation for Electoral Systems, the following table shows how voter participation has declined in Haiti’s last three election cycles.

A referendum amid insecurity and disenfranchisement

Beyond legal challenges, Haiti’s ongoing security crisis further complicates the feasibility of the referendum. Widespread gang violence has displaced over a million people, with many losing their voter IDs, which also serve as national identification cards. According to the International Organization for Migration (IOM), 55% of the displaced are women and girls, while 53% are children.

During a visit to France, Leslie Voltaire, a former president of the Transitional Presidential Council (CPT), acknowledged that areas in the West and Artibonite departments—Haiti’s most populous regions—may be excluded from the process due to gang control. The transitional government’s admission has further raised doubts about its credibility.

“This would be a significant setback,” Voltaire admitted.

According to the Haitian Institute of Statistics and Informatics (IHSI), despite a slightly lower than projected number due to migration and natural disasters, Haiti’s population is approaching 12 million. It’s estimated at 11.86 million in 2024, almost evenly split between women (50.5%) and men (49.5%). Of the total population, 7.43 million are eligible to vote. However, voter registration issues remain a major obstacle.

According to the National Identification Office (ONI), in 2022:

• The West Department had the highest registered voters: 1,892,482 (41.12% of the department’s population).
• The Artibonite Department followed with 531,309 (11.54%).
• Other departments had significantly fewer registered voters, with all those nine departments combining for just over 2.1 million registered voters.                                                                   

Many people still lack proper identification, a lingering issue from Jovenel Moïse’s administration, which attempted to introduce new biometric ID cards. Today, many of these cards have been lost or never distributed, further restricting voter participation.

Haiti’s history of constitutional referendums

Haiti’s past referendums have often been tools for power consolidation rather than democratic reform.

• 1918: Under U.S. occupation, a referendum lifted restrictions on foreign land ownership.
• 1961, 1964, 1971, 1985: Dictators François (Papa Doc) and Jean-Claude (Baby Doc) Duvalier used referendums to extend their rule, including granting themselves lifelong presidencies.
• 1987: The current Constitution was ratified in response to the fall of the Duvalier dictatorship.

Many Haitians now fear that the 2025 referendum will entrench power instead of modernizing governance. The 1987 Constitution was drafted to prevent such abuses, enshrining democratic principles and limiting presidential powers. Critics worry that if the referendum proceeds as planned, it could undermine these protections.

The last major modification of the Haitian Constitution occurred in 2011 under former President Joseph Michel Martelly, although that amendment didn’t take effect until 2021. Key changes included recognizing dual nationality for Haitians by birth, allowing them to retain Haitian citizenship even after acquiring another nationality. It also established a 30% gender quota for women in public service and elected assemblies. Furthermore, the amendment set the terms for deputies and senators at five years, simplifying general elections by reducing the number of cycles in the Senate and making the presidential and legislative terms end simultaneously. It also removed the Provisional Electoral Council to establish a Permanent Electoral Council (CEP).

Protests and uncertainty ahead

As March 29—the anniversary of the 1987 Constitution—was celebrated, opposition groups protested to denounce the referendum.

“Don’t let them do what the constitution doesn’t allow,” said Pitit Dessalines’ coordinator in Cap-Haitien.

With ongoing protests, security concerns, and uncertainty surrounding voter participation, the referendum’s fate remains in question. Whether authorities proceed despite widespread opposition or reconsider the process, one thing is clear: the debate over Haiti’s Constitution is far from over. The project faces more political backlash, risking deepening divisions rather than resolving governance challenges.

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