More than a month after the announcement of the resignation of Prime Minister Ariel Henry, Haiti has established a Presidential Council of 9 members to lead the country until February 7, 2026. And this, following the publication on Friday April 12, 2022, in the Journal “Le Moniteur” the decree relating to the creation, organization and operation of the presidential structure. The key articles inserted therein clarify the conditions for someone to be part of it. Just like, the document sets the limits of future members.
THE HAITI FACTOR, April 13, 2024._The resigning Government, following a decision taken in the Council of Ministers, published on Friday April 12, 2024, in the columns of the newspaper “Le Moniteur”, the decree establishing, organizing and functioning of the Presidential Council. A decision welcomed by Caricom and the American Government.
In its articles 2 to 13, the document signed by the resigning Prime Minister, Ariel Henry as well as his ministers, set out the conditions that a personality must meet to be part of it. In addition to the conditions, the limits of future presidential advisors are set.
Article 2 : In addition to the conditions prescribed by article 135 of the Constitution, no one can be part of the Presidential Transitional Council:
1) if he is currently the subject of a criminal charge or prosecution, or if he has been convicted in any jurisdiction;
2) if he is the subject of a sanction by the United Nations;
3) if he is a candidate in the next elections in Haiti;
4) if he opposes Resolution 2699/2023 of the United Nations Security Council authorizing the deployment of the Multinational Security Support Mission.
Article 3 : The Transitional Presidential Council is chaired by one of its members chosen by consensus or by a majority of them.
A regulatory act taken by the Council of Ministers determines the organization and mode of operation of the Transitional Presidential Council.
Article 4 : The Transitional Presidential Council exercises specific presidential powers of the presidency during the transition period until the inauguration of the President-elect which must take place, at the latest, February 7, 2026.
Article 5 : The Transitional Presidential Council:
1) participates, in agreement with the Prime Minister, in the formation of an inclusive Ministerial Cabinet;
2) approves the agenda of the Council of Ministers, in agreement with the Prime Minister, and co-signs the Orders and Decrees;
3) sets the criteria for selecting the members of an impartial Provisional Electoral Council (CEP) and appoints them;
4) take all measures to promote a peaceful transition;
5) ensures continuity of governance and establishes a National Security Council;
6) continues collaboration with all members of the international community for the accelerated deployment of the Multinational Security Support Mission authorized by United Nations Security Council Resolution 2699/2023.
Article 6 : The Transitional Presidential Council quickly chooses and appoints a Prime Minister.
Article 7 : The Prime Minister, in agreement with the Presidential Transitional Council, chooses the members of his Ministerial Cabinet in an inclusive manner.
Article 8 : The members of the Transitional Presidential Council are subject to the asset declaration formalities provided for by the Constitution and the Law in this area.
Article 9 : The Transitional Presidential Council has its headquarters at the National Palace.
Article 10 : The mandate of the Transitional Presidential Council ends, at the latest, on February 7, 2026. The Transitional Presidential Council cannot benefit from an extension of mandate.
Article 11 : Members of the Presidential Transitional Council as well as those of the government will not be able to run in the next elections.
Article 12 : The Prime Minister takes the necessary measures for the installation of the Presidential Transitional Council.
Article 13 : This Decree repeals all Laws or provisions of Laws, all Decree-Laws or provisions of
Decrees-Laws, all Decrees or provisions of Decrees, which are contrary to it, and will be published and executed, at the discretion of the Prime Minister.
It should also be emphasized that the resigning Government has not yet published the Political Agreement entitled: “ Political agreement for a peaceful and orderly transition » which should undoubtedly be the road map of the Presidential Council.
THE HAITI FACTOR (LFH)
