NGO

To understand the 1989 Decree you must also understand Articles 8, 53, 56, 78, 136, 246 of the constitution.

Article 8: The territory of the Haitian Republic comprises: the western part of the island of Haiti and the adjacent island of La Gonave, La Tortue, I’Ile a Vache, les Cayemittes, La Navase, La Grande Caye and the other islands of the Territorial Sea; it is bounded on the east by the Dominican Republic, on the north by the Atlantic Ocean, on the south and west by the Caribbean Sea or Sea of the Antilles; the air space over the land sea of the Republic.
Article 8-1 The territory of the Haitian Republic is inviolable and may not be alienated either in whole or in part by any treaty or convention.
Article 53: The conditions under which aliens may be admitted to or remain in the country are established by law.
Article 56: An alien may be expelled from the territory of the Republic if he becomes involved in the political life of the country, or in cases determined by law.
Article 78: [Amended by the Constitutional Law of 9 May 2011 / 19 June 2012] Each Department is administered by a council of three (3) members elected for four (4) years by the Departmental Assembly.
Article 136: The President of the Republic, who is the Head of State, shall see to the respect for and enforcement of the Constitution and the stability of the institutions. He shall ensure the regular operations of the public authorities and the continuity of the State.
Article 246: The State encourages in rural and urban areas the formation of cooperatives for production, processing of raw materials and the entrepreneurial spirit to promote the accumulation of national capital to ensure continuous development.
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Decree of 14 September 1989 amending the Act of 13 December 1982 governing NGOs

The 1989 decree consist of the definition of a non-governmental organization; how to be recognized as an NGO; the role of the Government on supervision and coordinating an NGO; the powers and duties of an NGO; the withdrawal of recognition; as well as the universal ethic of an NGO.

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Article 8

In view of the recognition of Private Organizations Development Assistance as an NGO authorized to operate on national territory managers must fulfill the following formalities: Produce writing to the Ministry of Planning and External Cooperation requests for recognition. Submit:

  • Three (3) copies of the statutes of the organization written in the form of notarial deed in French or Creole;
  • A letter of guarantee issued by two NGOs recognized and operating in Haiti or a bilateral or multilateral agency; The permit issued by the Municipal Administration of the planned intervention area;
  • Development programs and projects to be executed in one or more communes and localities of the national territory could improve the living conditions of the populations’ selected areas.
  • Producing three (3) copies: a reference not lower warranty GOURDES FIFTY THOUSAND (Gdes 50.000) issued by a bank established in Haiti on presentation of a license issued by the Ministry of Planning and Cooperation (MPCE ).
  • Indicate the names, first name, domicile, residence, nationality, and occupation of members of the governing board and their functions. Complete and sign the commitment form prepared by the MPCE.
  • In the case of a foreign NGO, submitted in three (3) copies of the act of recognition issued by the authorities of the country of origin and legalized by a Consulate of the Republic of Haiti.