Ariel-CP Decree | Contradictions between the recitals and the provisions of the decree itself
In-depth analysis of the text reveals several important elements regarding the political situation in Haiti and the measures taken to deal with the current crisis.
Constitutional and Legal Context : The decree begins by referring to the Constitution of the Republic, which indicates an attempt to legitimize the actions undertaken by the interim government. However, the text also mentions the absence of a constitutional provision to fill the gaps created by the current crisis, which raises questions about the legality and legitimacy of the measures taken. Multidimensional Crisis : The decree recognizes the seriousness of the crisis that Haiti is going through, particularly since the assassination of President Jovenel Moïse. References to the security and humanitarian crisis underline the scale of the challenges facing the country. Dialogue et Engagement International : The text mentions the need to resort to dialogue between the different sectors of national life to find a consensual solution to the crisis. It also refers to the commitment of Haitian stakeholders to a transitional governance arrangement, with the support of CARICOM and other international partners. Creation of the Presidential Transitional Council : The decree announces the creation of a Presidential Transitional Council composed of representatives of various political groups and civil society. This Council is entrusted with specific presidential powers during the transition period until the inauguration of the next elected president. Appointment of a Prime Minister : One of the tasks of the Transitional Presidential Council is to quickly appoint a Prime Minister, who will be responsible for forming an inclusive Ministerial Cabinet. Despite the reference to the Constitution, the text recognizes the absence of a constitutional provision making it possible to fill the voids created by the unprecedented situation. This raises a paradox in the legitimacy of the Presidential Transitional Council, which is supposed to act within the framework of the Constitution, but whose creation is justified by the absence of appropriate constitutional provisions. The decree provides that the Transitional Presidential Council will quickly choose and appoint a Prime Minister, who will then be responsible for forming an inclusive Ministerial Cabinet. Article 12 is confusing. Is it the Prime Minister who must install the very people who appointed him? Is he referring to the Prime Minister who was prevented by the international community from returning to his country? In the last case, why talk about the Prime Minister when it is the Council of Ministers which is in power according to article 149 which they took as a reference. Does Ariel want to force the Core Group’s hand to be able to return to his country ravaged by acts of terrorism? Limitations and Temporary Mandate : The mandate of the Transitional Presidential Council is limited in time, ending no later than February 7, 2026. In addition, members of the Council and the interim government cannot run in the next elections. Power Revocation Procedure : The decree also provides for a procedure for dismissal of members of the Presidential Transitional Council in the event of non-compliance with the conditions listed in article 2. Approbation et Publication : The decree is adopted after deliberation in Council of Ministers (Government Council) and is intended to be published and executed, under the authority of the Prime Minister. Ultimately, the Ariel-CP decree reflects the Haitian government’s attempts to address a serious political and institutional crisis by establishing a Presidential Transitional Council with specific powers to guide the country during this delicate period. However, the absence of a clear constitutional provision governing this transition raises the question of the legality and legitimacy of these measures.
