Haiti - CEP : An agreement was finally signed between the Executive and Parliament !
Memorandum of Understanding between the Executive and Legislative powers on the formation of the institution in charge of organizing the next elections.
"Given the constitution of 1987 as amended ;
Given the minutes of the meeting dated twenty-four (24) July 2012 sent by the Superior Council of the Judiciary to the Executive designating its representatives to the Permanent Electoral Council;
Considering the decree dated 15 August 2012 relating to the appointment of six (6) of the nine (9) members of the Permanent Electoral Council;
Considering the message of the President of the Republic convening the Parliament in Extraordinary Session;
Considering the minutes of meeting of nine (9) October 2012 sent by the Superior Council of the Judiciary both to the Executive power that executive power designating of new members to the Permanent Electoral Council;
Given the various meetings held between the Executive and Legislative in order to allow the realization of the next election;
Considering that at menu of the convening of Parliament to the extraordinary is included the designation of three members of the Legislative Power called to complete the CEP;
Considering that the Parliament, with the Senate of the Republic cut by a third of its members, is for the moment in the impossibility to appoint three (3) members for the formation of the Permanent Electoral Council as provided to section 192 of the amended Constitution;
Considering the confusion raised by the transmission of the two minutes of the Superior Council of the Judiciary designating different representatives on the Permanent Electoral Council;
Considering the constitutional duty of the Head of State to ensure the proper functioning of institutions and ensure the organization of elections;
Considering to this end, andbefore the impossibility of Parliament to appoint its members, the Executive and the Legislative Branch have initiated discussions to find a solution to this crisis;
Considering that in any democracy, the organization of free and fair elections is an attribute of sovereignty and the importance of mobilizing all available resources to this end;
Considering that the legitimacy of elected depends largely on the credibility of the elections and that it should to have the active participation of all organized sectors of society;
Of all these discussions under the auspices of the Platform "Religions for Peace Haiti," acting as a facilitator, it was decided that:
Article 1 - This will be formed a body responsible to temporarily manage the Permanent Electoral Council to organize the next elections.
Article 2 - Its name is : College Transitional of Permanent Electoral Council. It is composed of nine members, three (3) are appointed by the legislative power, three (3) by the Executive and three (3) by the Superior Council of the Judiciary.
Article 3 - The mandate of the College Transitional of Permanent Electoral Council is terminated with the proclamation of the final results of the elections.
Article 4 - In the framework of this agreement, the Executive, if circumstances require, may obtain the withdrawal of one or all of its representatives already appointed and installed to the Permanent Electoral Council.
Article 5 - The Platform Religions for Peace Haiti will lead, with the assistance of the Executive and Legislative, talks needed to enable the Superior Council of the Judiciary to solve the problem with the appointment of its representatives in the electoral institution.
Article 6 - The Legislative Branch is committed, once the agreement is signed, to hold the extraordinary National Assembly remained pending, for the purpose of starting the process of appointment of its representatives at the College Transitional of Permanent Electoral Council in accordance with the procedure adopted by the Parliament.
Article 7 - It will be maintained between the parties a permanent dialogue in order to ensure monitoring of the Protocol that takes effect upon its signing and engages the responsibility of the parties.
Done and signed in good faith that twenty-four (24) December two thousand and twelve in triplicate."
For Parliament :
Senator Jean William Jeanty
Senator Jocelerme Privert
Senator François Lucas Sainvil
Deputy Vikens Derilus
Deputy Guerda Bellevue Benjamin
For the Executive :
Me. Grégory Mayard-Paul
Special Adviser to the President of the Republic
See also :