Representatives of a consortium of socio-political organizations and the Haitian diaspora submitted to the Presidential Transition Council (CPT), a work of the Caribbean Community (CARICOM) a proposal for the reestablishment of constitutional order. The proposal, addressed to the coordinator of the transitional government in training, Mr. Edgard Leblanc Fils, expresses concerns about the actions undertaken within the framework of the current government transition, which are perceived as being marred by irregularities and flagrant violations of the Constitution .
The signatories first highlight the abuse of power by members of the interim government led by former Prime Minister Ariel Henry, particularly with regard to the abusive use of the Council of Ministers to make decisions and decrees. They recall that, according to the current Constitution, only the President of the Republic is authorized to chair the Council of Ministers, which raises serious doubts as to the legality of the actions undertaken.
Furthermore, the signatories recall that the Constitution provides for specific mechanisms in the event of a prolonged absence or presidential vacancy, such as that resulting from the assassination of President Jovenel Moïse in July 2021. They recall that the decisions taken by a Council of Ministers not chaired by the current President are illegitimate and call into question the validity of any government action taken in this context.
The signatories therefore urge the coordinator of the interim government to take legal measures to put an end to this situation and establish a legitimate transitional government, in accordance with the current Constitution. They suggest that this process be supervised by a judge of the Court of Cassation in order to ensure its legitimacy and respect for democratic principles.
Finally, the signatories call for the peaceful resolution of the current constitutional crisis and express their support for the restoration of constitutional order in Haiti, in accordance with internationally recognized democratic standards.
Mr. Edgard Leblanc Fils Coordinator of the Provisional Government in Training
In his offices
Subject: Proposal for the Restoration of the Constitutional Order
Mr Coordinator,
We, representatives of the undersigned Political Parties, Groupings of Political Parties, Social Organizations, Personalities of Civil Society, Committed Citizens and Lawyers, send you our greetings and take this opportunity to present to you the following considerations concerning the urgent need to restore the constitutional order in Haiti.
We observe with great concern the abusive use of the Council of Ministers by members of the interim government led by former Prime Minister Ariel Henry. It is essential to remember that, according to article 154 of the Constitution in force, only the President of the Republic is authorized to chair the Council of Ministers. Decisions taken outside of this presidential authority are therefore tainted by serious administrative irregularities.
Additionally, the current situation resulting from the assassination of President Jovenel Moïse in July 2021 raises questions about the legitimacy of government actions taken. Indeed, the presidential vacuum awaiting the installation of a new president calls into question the validity of any decision allegedly taken in the Council of Ministers.
In this context, we urge you to take all necessary legal measures to end this situation and establish a legitimate transitional government. We also suggest that this process be supervised by a judge of the Court of Cassation in order to guarantee its legitimacy and compliance with democratic principles.
In conclusion, we call for a peaceful resolution of the current constitutional crisis and express our support for the restoration of constitutional order in Haiti, consistent with internationally recognized democratic standards.
Please accept, Mr. Coordinator, the expression of our patriotic greetings.
[Signatures des représentants du Consortium Haïtien]
Attachments :
Decree no. 14 Order no. 14-A Order no. 15 Certificate of rejection of the Decree by all members of the CPT Table of stipulations of the main articles cited above
