Haiti - Politic : Blackmail, threats and ultimatum, the opposition gets the ball rolling...
Turneb Delpé, the Coordinator of the "Patriotic Movement for Democratic Opposition" (MOPOD) rules out any possibility of dialogue between the radical opposition and the Prime Minister "it is inconsistent to discuss with Evans Paul, while MOPOD advocates the continuing protests to demand the resignation of President Michel Martelly," betting on the intensification of demonstrations it specifies that the MOPOD will accept to meet with the Head of State only if it is to define with him, the terms of his resignation.
For his part, Senator Dieuseul Simon Desras, President of the Senate, does not intend to discuss with the executive about the choice of Evans Paul, as long as the question of the extension of the parliamentarians mandate, after January 12, 2015, has not been solved "We not enter into any discussion [...] as long as the future of Parliament will not be clear. It is after having solved this problem only, we will know how to, " promising that the electoral law will be amended before January 12 if there is an agreement on the existence of Parliament after this date. Although the Senator recognize that on several occasions the President Martelly, informed him that he had no constitutional authority to extend these mandates, it does not prevent him to issue an ultimatum to the Head of State, if no solution is found, "After January 12, [...] There will be leaders at the parliamentary level that will be on concrete. The mobilization will be strengthened, the President has until December 31 to take a decision..."
A parliament that according to his interpretation is enshrined in Articles 58 and 60.1 of the Constitution, which is far from explicit... Article 58 stipulates : "National sovereignty is resides in the universality of citizens.
Citizens directly exercise the prerogatives of sovereignty by:
the election of the President of the Republic;
the election of members of the members of the Legislature;
the election of members of all other bodies or all assemblies provided for by the Constitution and by law." and Article 60.1 states : "None of them can, under any reason, delegate its powers in whole or in part, nor go beyond the limits set by the Constitution and by law."
In its analysis it is clear for the Senator Desras that national sovereignty is delegated to three major powers (executive, legislative and judicial) and that "the absence of one, results in the absence of the other two or they are de facto. In addition, our Constitution has not provided the nonexistence of Parliament. It also did notprovided that the Executive xists as only state power."
Mr. Desras seems to forget that on January 12 the three powers will remain in place and that Parliament will still exist, since it will remain 10 senators, the Executive by its interim Prime Minister, the ministers who remain in office until the appointment of a new government and the judiciary.
It will be just a dysfunctional Parliament at the Legislative since with 10 senators the quorum of 16 provided in the Constitution, will remain impossible a cases provided by the Constitution in its Article 136 which states "The President of the Republic, Head of State, ensures compliance and enforcement of the Constitution and the stability of institutions. It ensures the proper functioning of public authorities and the continuity of the State." (note that this article has not been amended) So, in case of malfunction, the President may by order convene the people to elections in order to restore a parliament by democratic means.
Concerning the appointment of Paul Evans as Prime Minister confirms that there has been consultation with the Presidents of both House but not an approval from them. Affirming that the Head of State can not establish a new government without parliamentary approval stating that Evans Paul will be Prime Minister when he will have received the "blessing" of Parliament giving an indication of the next sticking point "Luckily Article 157 relating to the verification of documents of PM is well present [...]" what has the merit of being clear.
For the opposition senators, members of the G6, including Senator Anick Francois Joseph, the President is "a liar [...] by saying he made that choice (of the Prime Minister) with the Presidents of the two chambers of Parliament." A statement for the least erroneous, since in the official communication itis only says "Michel Martelly, according to the Constitution and in consultation with the Presidents of the Senate and the Chamber of Deputies, has appointed by Presidential Decree, dated December 25, 2014, the citizen Evans Paul, as Prime Minister, for the purpose of forming a new government" www.haitilibre.com/en/news-12808-haiti-flash-evans-paul-new-prime-minister-of-haiti.html which is fully in line with Article 137 of the Constitution, which relates to consultation, implicitly the decision belongs the Head of State and not to a collective decision, what would have clarified the Constitution. No matter the reality for the Senator who says "[...] If one does not want solve the problems institutionally, the street will bring the solution."
In conclusion the Constitution, amended or not, applies exclusively to the executive but not concern the Legislative... In the coming weeks, unless a turnaround at 180 degrees for less miraculous, are likely to be unpredictable in Haiti...
See also :
SL/ S/ HaitiLibre