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Haiti - Elections : 112 days that the amended electoral law expects to be ratified by the Senate
23/07/2014 10:03:52

Haiti - Elections : 112 days that the amended electoral law expects to be ratified by the Senate
The Provisional Electoral Council (CEP) is now complete, its 9 members have been installed and took office Monday, July 21, 2014. Each of the 3 powers proceeded to the change of one of its representatives with more than 100 days delay on the deadline specified in the agreement El Rancho... the executive made ​​the change within 10 days prescribed in the agreement when it took more than 100 days after this deadline for the Parliament and the Judiciary power proceeds to this change

Apart the CEP responsible for the coordination, control and organization of elections two laws must come regulate the environment of elections: the Act on Political Parties and the Electoral Law.

The law on "the formation, operation and financing of political parties" was published in Le Moniteur 16 January 2104 and the new electoral law was published December 10, 2013 in #229, of the official newspaper "Le Moniteur" https://www.haitilibre.com/en/news-10059-haiti-elections-martelly-authorize-the-publication-of-the-electoral-law.html

However, remember that just published the electoral law has been the subject of change request by the Senate https://www.haitilibre.com/en/news-10112-haiti-electoral-law-novelty-clarification-and-already-a-request-for-amendment.html Convened by the Executive in Special Session in order to decide anew on the Electoral Law, the Senate has never been able to ratify the amendment requested for lack of quorum... was followed by the pre-electoral crisis that has led to inter-Haitian dialogue and agreement El Rancho Full text of the agreement (in french) : https://www.haitilibre.com/article-10763-haiti-politique-le-core-group-salue-l-accord-inter-haitien-texte-integral-de-l-accord.html which included a consensus on amendments to the electoral law.

The amended bill, transmitted by the Executive to the Lower House on 31 March 2014 https://www.haitilibre.com/en/news-10839-haiti-politic-president-martelly-transmitted-to-parliament-the-draft-amendment-of-the-electoral-law.html , was ratified by the Lower House April 1, 2014 https://www.haitilibre.com/en/news-10847-haiti-politic-the-chamber-of-deputies-voted-the-electoral-law.html and transmitted to the Senate for ratification in the same terms.

Since the Senate for various reasons (formation of CEP, credibility of the CEP, Constitutionality, quorum and others...) did not stop to postpone the ratification, contrary to its commitment in the El Rancho agreement, agreement also rejected later by President of the Senate https://www.haitilibre.com/en/news-10989-haiti-politic-senator-desras-asserts-that-parliament-is-not-linked-to-el-rancho-agreement.html

Today, 122 days after the signing of El Rancho and 112 days after the prescribed period in this Agreement, the electoral law is still blocked in the Senate...

However we are entitled to wonder why before this continuing stalemate, the Government does not enforce Article 12 of the Agreement El Rancho, the result of a political consensus between the 3 powers that states IV. SPECIAL PROVISIONS: Article 12: In cases where amendments to the electoral law planned and proposed in the framework of the dialogue are not passed by the two branches of Parliament within the period prescribed in section eight (8) of this Agreement, Parties note with the Provisional Electoral Council (CEP) the physical impossibility of applying Articles referred. Consequently, the Parties agree that the said articles automatically enter into hold and the electoral body is allowed to override. Consequently, the Parties agree that the said articles are automatically in hold and the electoral body is allowed to override."

SL/ HaitiLibre


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