Haiti - Politic : The Civil Society concerned by the CSPJ and the CEP
"The Organizations of Civil Society and Human Rights, the signatories of this declaration, express their deepest concerns, on the occasion of the installation by the Head of State, of a Permanent Electoral Council of six members, despite widespread protests raised by the irregular and illegal procedure used by the Superior Council of the Judiciary to appoint three representatives to the CEP.
Indeed, the choice of CSPJ were carried out in violation of the universally accepted democratic norms and prescribed the law governing the Supreme Council. Section 13 of the Act to establish the Supreme Council states: "It can not deliberate in the presence of five (5) of its members. It shall act by majority vote. In case of a tie, the Chairman has the casting vote. "The Chairman of the Superior Council, says himself in his letter of August 7 members who challenge the appointment, that the choice was made by "the four councilors present at the meeting of 23 July 2012" including the President. Legal requirements were not met for deliberation. In addition, the President's vote can not count double in the event of a tie. Or in this case, there could be a vote, lack of quorum and even less waivers.
The President of the Republic, guaranteeing the proper functioning of institutions should require that in a matter as sensitive and important, the strict legality is respected to guarantee full legitimacy to the members of the Electoral Board, called to trust all sensitivities likely to participate in political elections. It would not be interference. Indeed, to ensure the proper functioning of institutions is to ensure that their operation is in compliance with the law. Moreover, although the President had well assumed on the occasion of the publication of the incorrect version of the constitutional amendment.
In addition, it is necessary to report that the President has appointed and installed a Director General, even before the formation of the Permanent Electoral Council. However, the head of the administration of autonomous bodies of the State, such as the State University of Haiti, the Superior Court of Auditors and Administrative Disputes there is an officer appointed by the Executive Council and not a Director General, imposed by the Executive and therefore depend on him. This principle should also apply to the Permanent Electoral Council. With this appointment, the President of the Republic of mortgage very independence of the electoral institution.
Thus, faced with the unacceptable excesses, the undersigned organizations call on the authorities concerned with these situations could lead to a serious institutional crisis, and electoral politics in the coming months, to recover, to assume their proper responsibilities, to prevent our country to suffer once again the disastrous consequences of refusing our leaders to respect the rules of the democratic game.
For the greater good of the Fatherland, the signatory organizations requests :
On the one hand to the CSPJ to restore confidence among all its members and of institutions involved in their choice in order to resume the process of designation, in accordance with the law.
On the other hand to the the President of the Republic, to reconsider its decision, both in regard to the members of the Electoral Board and the Director General and to begin with Parliamentarians constructive dialogue to find a modus operandi likely to enable compliance with the prescribed of the Fundamental Charter of the country, on the formation of the electoral institution and thus put in confidence the various sectors of society and political parties.
Organizations of Civil Society and Human Rights call finally the forces of the nation to mobilize to defend and safeguard the democratic gains."
Initiative Société Civile (ISC) - Rosny Desroches ; Conseil Haïtien des Acteurs non Étatiques (CONHANE) - Édouard Paultre ; Organisation des Patriotes Haïtiens (OPA) - Clélie Cauvin ; Grand Front National des Étudiants Haïtiens (GRAFNEH) - James Jacques ; Mouvman Fanm Aktif Kafou (MOFKA) - Magdala Michel Jean-Pierre ; Réseau National de défense et des Droits Humains (RNDDH) - Viles Alizar ; Action Citoyenne (AC) - Bellegarde Berthony ; Haiti Observation Electorale (HOE) - Samedi Alix.
Read in french :
http://www.haitilibre.com/article-6425-haiti-justice-me-hercule-demande-la-mise-en-accusation-du-president-du-cspj-lettre.html (in french)