Constitution of the Republic of Haiti – Art. 135-1: Before taking office, the President of the Republic takes the following oath before the National Assembly:
“I swear, before God and before the Nation, tofaithfully observe the Constitution and the laws of the Republic, to respect and ensure respect for the rights of the Haitian people, to work for the greatness of the Fatherland, to maintain national independence andintegrity of the territory.«
« There is no legal provision authorizing Dr. Ariel Henry to change the Constitution », affirms Dr. Georges Michel, March 21, 2022 and even less a CPT at 7 Tet.
The brand new Transitional Government Council of Haiti, during its “secret” swearing-in at the National Palace Thursday morning, followed by its tiptoeing out of sight, spoke of respect and preservation of the Constitution, but its speech inaugurates a relevant reflection on its commitment to these fundamental principles.
On the one hand, the Council insists on the need to protect national sovereignty, while it authorizes foreign forces, notably Kenyan, to intervene on Haitian soil under the pretext of fighting against gangs. This attitude raises questions about its consistency with the principle of national sovereignty enshrined in the Constitution.
Indeed, why use foreign forces when the country has its own armed forces and police, which would only need to be equipped to fight effectively against gangs, while preserving its sovereignty?
On the other hand, the Transitional Council also affirms its commitment to respect the Constitution, provided its intention to organize a referendum, while this is explicitly prohibited by a constitutional article, questions its legitimacy and its commitment in favor of the establishment of a true rule of law. How can he claim to respect the Constitution while planning an action that goes against its provisions?
Furthermore, the very presence of these 9 advisors within this exceptional presidential structure, following their submission to apply Resolution 2699 of the United Nations Security Council to the letter, while being required to respect it under agreements signed by Prime Minister Ariel Henry with Kenya, raise questions about the coherence and credibility of the Council. Ultimately, the Transitional Governing Council of Haiti has every interest in clarifying its position and its actions, in order to gain the trust of the Haitian people and ensure respect for the Constitution and national sovereignty. Don’t promise what you can’t give!
First of all, let us recall that under article 150, “the President of the Republic has no powers other than those conferred on him by the Constitution”. In other words, talking about a “referendum” among your five major projects, including the essential and rapid restoration of security, is walking on eggshells. For all practical purposes, since you wish to respect and ensure respect for the Constitution, it is submitted to your appreciation for rereading. Article 284.3: “Any popular consultation tending to modify the Constitution by means of a referendum is formally prohibited.”
Words have meaning, just like an oath. It is better to think about implementing implementing laws never presented. Keep your spine straight and your mind alert, and remember Ariel Henry’s little gateway into Haitian history.
cba
