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Haiti - Politic : An opposition very «inventive»
24/04/2014 15:08:49

Haiti - Politic : An opposition very «inventive»
Since President Martelly before leaving for Taiwan stated that if the amendment to the electoral law was not passed, Article 12 could apply, there is no one day without a member of the opposition or civil society, asserts that the President Martelly has no right to enforce this Article.

Tuesday, Rosny Desoches, of the Civil society Initiative (ISC), a member of the Monitoring Committee stated that the Head of State can not alone decide on the application of Article 12 of the Agreement El Rancho. The deputy Sadrack Dieudonné, President of the minority bloc of the Opposition "Parliamentarians for Institutional Strengthening" (PRI) goes further by stating "This article clearly states that these are the parties who were involved in the discussions, that must found that the amendments of the electoral law are not voted [TRUE] and decide and decide on the opportunity to put a hold [FALSE]".

On the same issue Dieuseul Simon Desras affirmed that the Senate does not receive Dktat from the Executive adding "He can not apply Article 12 of the Agreement of El Rancho. The Senate, through this agreement, is only linked to the article on the holding of the first round of elections in October 2014. Other articles, including Article 12, do not concern us," adding "Parliament has not ratified the Agreement of El Rancho [...] Article 12, that not be imposed to Parliament." https://www.haitilibre.com/en/news-10989-haiti-politic-senator-desras-asserts-that-parliament-is-not-linked-to-el-rancho-agreement.html

Even Senator Edwin Zenny, yet close to President Martelly seems confused, saying that the President should with his advisers, think about the consequences of such a decision (application of Article 12) may have.

Of surprising interpretations, because recall that Article 12 is not conditional to a decision for its application, it clearly states that if within 10 days (Article 8) the Parties recognize the physical impossibility of applying Articles referred. (blocking, non ratification etc...) what is undoubtedly the case (except bad faith), "the Parties agree that the said articles are automatically on hold" Note the word automatically, requiring no other decision to apply. Full text of the agreement El Rancho (in french) :
https://www.haitilibre.com/article-10763-haiti-politique-le-core-group-salue-l-accord-inter-haitien-texte-integral-de-l-accord.html

Seeking by all means to put in default the El Rancho agreement, the Deputy Jean Danton Léger ("Ansanm nou fò" Lavalas allegiance) now declare that the electoral law passed by Parliament, published December 10, 2013, in #229, of the official newspaper "Le Moniteur" is illegal (remember that the Deputy Jean Danton Léger, has not voted on this law, being absent from the meeting)... According to him two reasons explains this illegality "According to the Constitution of March 29, 1987, amended May 9, 2011, for a law to be legal, it must be sealed with the seal of the Republic (which is the case) https://www.haitilibre.com/docs/191491343-Le-Moniteur-229-Du-Mardi-10-Decembre-2013-Avec-La-Loi-Electorale.pdf and must also be signed not only of the President of Republic (which is the case), but also by the ministers concerned. On this last point we can wonder of which ministers the CTCEP falls, being an independent...

Moreover, Jean-Baptiste Bien-Aimé member of G6 (6 Senators opposed to the amendment of the electoral law) goes further by stating that the government is illegal, based on the Presidential Decree of 2 April establishing the government of opening and efficiency, which states that "the Cabinet of Ministers resigned" instead indicate according to him, that some ministers have resigned. For Senator Senator Bien-Aimé, there is no doubt that the Prime Minister has also resigned. Perhaps the Senator ignores that the Ministerial Cabinet of the Prime Minister, consists of all the ministers, excluding the Prime Minister... What does not prevent senator Francois Anick Joseph and his colleague Moïse Jean-Charles to abound in the same direction and say that those who call themselves Prime Minister, Ministers and Secretaries of State are all guilty of usurpation of function, punishable under the Penal Code...

SL/ S/ HaitiLibre


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