(1re part)
To understand what has been happening since the official announcement of the resignation of Prime Minister Ariel Henry, on March 11, 2024, from San Juan in Puerto Rico, and that more than a month later the country is still on autopilot, it It is not without interest to return to the attitude of the opposition actors, those jealously holding the reins of power and CARICOM which intends to succeed in its first major political coup under the leadership of the United States of America. Indeed, in the Haitian issue, the Community of Caribbean States or Caribbean Community, through its Group of Eminent Personalities (GEP), certainly does not intend to admit defeat. After each failure in the talks that these personalities lead with the protagonists of the Haitian crisis with a view to finding an Agreement on the Transition, they demonstrate perseverance in their mission and always have enough resources to bounce back each time. This is what they proved after the failure of their third mission in less than a year in Haiti.
The three CARICOM emissaries forming the GEP who stayed from November 8 to 14, 2023 in Port-au-Prince without being able to organize a plenary session with all the actors of the Transition had returned to the charge. And how ! While everyone, including the protagonists of the crisis, expected a break to continue discussions in small groups, the GEP, made up of former Prime Ministers Dr. Kenny D. Anthony (Saint Lucia), Perry Christie (Bahamas ) and Bruce Golding (Jamaica), surprised all parties by submitting a Proposal for an agreement to end the crisis to socio-political actors for examination. The CARICOM Eminent Personalities considered this to be their last offer, as the document they submitted for discussion took into account almost all the proposals of all the belligerents during all periods of the talks. When we read and reread, in fact, this Proposed Agreement, we are amazed to discover the similarities between different draft Agreements which have been put on the table by all the parties in conflict.
Certainly, the Eminent Personalities of the Caribbean Community had made additions and some corrections in the proposals likely to turn the hearts of the most radical of the oppositions and the government. Nevertheless, it will be necessary to recognize that the emissaries had done their best to get the actors to sit down together for once. From the outset, the CARICOM Special Envoys insisted on one point, that of emphasizing that this Proposal does not come from them but that it is the result or the fruit of long discussions with the representatives of all the parties. “ Over the past five months, the CARICOM Group of Eminent Personalities (GPE), within a framework of mutual respect, has had intensive discussions with the Prime Minister of Haiti, Representatives of the signatories of the National Consensus for an Inclusive Transition and transparent elections, Representatives of the Kingston Joint Declaration, as well as representatives of Civil Society, including women, the Private Sector and the Religious Community”, they note in the form of an introduction.
However, with a few exceptions, today we find almost all these beautiful people in the Presidential Transitional Council (CPT). Note that they did not mention by name the signatories of the Montana Agreement, nor the United Front for an effective and lasting exit from the crisis, nor the January 30 Collective, etc. There is a reason for this, perhaps several. Let’s take two. First point, even we, as Haitian political observers who follow the day-to-day evolution of political movements and structures in the political landscape of Haiti, are sometimes lost. It’s hard to even find our way around. The confusion is total and it is this kind of confusion which makes Haitian leaders and political leaders less credible before the international community.
They are unable to form real political opposition forces, not necessarily united, but more or less identifiable. The second point is even more open to criticism. Political parties and organizations and their leaders are too fluid. Too gassy. Too much goes everywhere. Today, not many people or no one, apart from the initiated, knows with certainty what difference there is between the United Front, the January 30 Collective, the Kingston Joint Statement and the Montana Accord. The problem comes from the fact that we find practically the same people in all these groups. Signatories from Montana to the United Front, members of the United Front to the Kingston Joint Statement or even members of the January 30 Collective easily navigating the waters of the United Front, a real political hodgepodge whose result only weakens their potential and their ability to effectively oppose the power which is still in place despite appearances.
This lack of ideological and philosophical coherence can only benefit the team of the resigning Prime Minister which, too, is built around a base that nothing binds on the political level apart from taking advantage of the present moment, that is. that is to say, benefits from the power while they have the controls of the levers. Thus, if bridgeheads like the Montana Agreement, Collective January 30 and others have not been clearly identified by CARICOM emissaries in the document proposed as an Agreement, this is due to the dispersal of personalities and leaders of these structures, which are much better organized than most of the small groups found everywhere and which are part of the Presidential Transitional Council that CARICOM has been trying to set up for more than a month. Let’s return to the Proposal for an agreement submitted to political and civil society actors which was to produce, without a doubt, intense debates in the political environment.
Let’s look at some of these proposals. As said above, taking up the essence of the latest proposals of the Montana Agreement, naturally with some nuances, the Eminent Personalities of CARICOM wanted to be pragmatic and consensual. To put it simply, we have highlighted for you the six main points of the text submitted for discussion. The emissaries proposed: (1) A Transition of 18 months from the signing of the Agreement and the entry into office of the new team. (2) A Transitional Council (CT) of 7 members with presidential powers and therefore a head of the Executive. (3) That Prime Minister Ariel Henry remains in the Prime Minister’s office. (The Americans have since resigned him). (4) Creation of an OCAG (Government Action Control Body). (5) Formation of the Provisional Electoral Council (CEP). (6) Creation of a National Security Council (CNS). Now, let’s see in practice how this new organization chart and the role of each of these organizations should be applied according to the understanding of the Eminent Personalities of CARICOM, without anyone doubting for a moment the assent of Washington.
According to the document, to be effective, the duration of the Transition cannot be less than 18 months. Moreover, according to the emissaries, this was also the opinion of the majority of Haitian actors. This is the time needed, estimate the project designers, to be realistic. It will take effect upon signature of the Agreement by all the protagonists of the Transition. Remember that this is in fact the duration proposed by the Montana Agreement with its Presidential College (CP) but with an extension of up to 24 months, no more. According to the document submitted for review, the Transition Council (CT) of 7 members will replace the current High Council of the Transition (HCT) of 3 members chaired by Mirlande H. Manigat. This Transitional Council will, in fact, become the Executive Power in tandem with the Prime Minister in order to keep the spirit and constitutional character of the power. “The Transitional Council will be composed of seven (7) members, including four (4) from political parties, one (1) from the private sector, one (1) from the religious sector and one (1) from civil society. The Transitional Council will be endowed with presidential powers to the extent possible, in accordance with the norms and spirit of the Constitution.
It contributes to guaranteeing good governance by working in collaboration with the Prime Minister and the Council of Ministers during the Transition period to ensure the improvement of the socio-economic conditions of the population, the provision of security and basic services, the protection of human rights and the promotion of the rule of law and accountability, reforms and the creation of a political environment conducive to the organization and conduct of elections as soon as possible. The Transition Council thus formed ensures the existence of a two-headed executive consistent with the standards and spirit of the Constitution. These executive powers will include: countersigning with members of the government orders and decrees as well as the agenda of the Council of Ministers; appoint a Provisional Electoral Council (CEP) in the spirit of article 289 of the Constitution and set the date of the elections on the basis of the technical opinion of the CEP, which will then be published in Le Moniteur; chair the National Security Council (CNS).
In collaboration with the Prime Minister, define and establish a Government of National Accord, emphasizing inclusion. The Transitional Council will operate in a collegial manner under the direction of a President designated by its members. It exercises control over the strategic areas of priority action of the Transitional Government: good governance, the restoration of security, the holding of free, fair and inclusive elections, humanitarian aid, economic recovery and constitutional reform. and institutional. » As we can see, this Transitional Council – today called the Presidential Council – was already intended to be the real head of the Executive Power even if these seven (7) members should share the prerogatives of the Executive with the head of the Executive. government. When we read the proposals from Montana, who has always opted for a two-headed Executive, we are practically in the same institutional framework as what the emissaries had proposed. The only difference, Montana had explained the mechanisms by which members of the five (5) member Presidential College could be appointed.
On the other hand, CARICOM was in total disagreement with most political groups on whether or not the former occupant of the Prime Minister should remain at the head of the Government of National Accord of this new Transition formula. “During this Transition, Prime Minister Ariel Henry remains at the Prime Minister’s Office” proposed the emissaries. It was really a big sticking point with a very large part of the opposition and almost the entire population who swore only by the resignation of the leader of the Transition. If the discussions were going to be bolder between the Eminent Personalities and the Haitian protagonists, in any case, between leaders who advocated the departure of Ariel Henry, in particular, Dr Claude Joseph leader of EDE and to a certain extent the President of PHTK Line Balthazar, it was on this crucial point: maintenance or departure of Ariel Henry. Concerning the body controlling the acts and actions of the Executive Power, on the whole the emissaries had not gone very far in defining its prerogatives vis-à-vis society.
They had practically made a copy/paste of what had already been proposed by various organizations and political structures, among others, the signatories of the December 21 Agreement, that is to say, the friends of Dr. Ariel Henry. Indeed, CARICOM had planned for there to be different entities of society in this supervisory body. “The GEP proposes the formation of the Government Action Control Body (OCAG) to ensure that administrative rules and procedures are strictly applied and that there is transparency in government decision-making and actions. It will be composed of 15 representatives of civil society organizations, socio-professional associations and regional associations representative of Haitian society including women and young people, all appointed by the Transition Council. » As for the Ministerial Cabinet, the Group of Eminent Personalities had not forgotten to specify the modalities for forming this government which, according to them, should be a Government of National Accord.
To achieve this, CARICOM recommends the convergence of different entities: “The Prime Minister, the Transitional Council, the signatories of the December 21 Agreement, the Kingston Joint Declaration and civil society actors will work together to establish the government. » In the process, the GEP suggested that the new Transition authorities take up the constitutional project of the late President Jovenel Moïse. The document provides that the “ Transitional Council will appoint a Constitutional Reform Commission. » For the two other points discussed here, consensus should be easily found regarding the formation of the CEP and the creation of a new state body relating to public and population security. The statements are not contrary to what several opposition political groups and parties are already proposing, with only one small novelty, the arrival of young people within the CEP. We can read, in fact, “A Provisional Electoral Council (CEP) will be appointed by the Transitional Council in consultation with the Prime Minister, guided by the letter and spirit of the Constitution. There must be at least three (3) women among the nine (9) members selected as well as a youth representative on the Council.
The Council’s major objective will be the development of a detailed electoral roadmap for the organization of general elections aimed at renewing the political institutions of the government. » There remains the question of the security of the country and the protection of the population which are major and recurring subjects in recent years, especially since the installation of the Prime Minister of the Transition, Ariel Henry, currently in California without anyone does not know its legal status. This was an important point in the CARICOM Proposals. Rare, in fact, are the proposals from the various Haitian socio-political entities mentioning the creation of an body that can deal exclusively with security on the national territory. Certainly, the protagonists always emphasize the need and urgency to restore peace and security in the country. But, they have never posed the need for the State to have an organization capable of making diagnoses and also of proposing reliable and realistic solutions to combat insecurity, gangs and to secure the population.
With this proposal to create a National Security Council (CNS), CARICOM wants to innovate and provide the Haitian public authorities with a tool capable of helping it find solutions to problems of insecurity and security. The document proposes the “Establishment of a National Security Council (CNS) to strengthen citizen security; the formulation of a national security plan; the preparation of security cooperation modalities with regard to international security assistance for the Haitian National Police and monitoring the implementation of United Nations Security Council Resolution 2699; and the creation of a Coordination and Oversight Committee to monitor the conduct and operations of the Multinational Security Support Mission (MMSS).” An option that we will find as one of the conditions for being accepted as a member of the Presidential Transitional Council.
Here is a summary presentation of the proposed Agreement that the Group of Eminent Personalities of CARICOM, had submitted, as part of their mission, to political leaders, actors of Civil Society, Business Sector and Government in order to find a way out of the socio-political and security crisis in which the country has been sinking for almost three long years. The Caribbean Community had given them two weeks to review the document and submit their final suggestions. She also underlined that these proposals took into consideration the position of the different parties in political conflict in the country in recent years. In the meantime, if with the official resignation of Ariel Henry, things have evolved a lot, the fact remains that he, through his resigned government in Port-au-Prince, is putting up resistance. (To be continued)
