Haiti - FLASH : The mandates of Deputies and Senators extended under conditions
In this agreement, all points of commitment will have to have been met on January 12 at the latest, in the case of a single failure, the agreement becomes null and Article 7 of the agreement, gives power to the President Martelly to act accordingly Article 7: "The failure to comply with any provision contained in this Agreement leads its invalidity with all legal consequences. The President of the Republic, Head of State, will ensure the stability of institutions, will ensure the functioning of public authorities and the continuity of the state, according to the Constitution.", like was the case in El Rancho agreement with Article 12, which was never implemented by the head of state because of threats from the opposition and violation of the Constitution...
Text of the tripartite agreement of 29 December 2014 :
"1. MICHEL JOSEPH MARTELLY, ACTING IN HIS CAPACITY AS HEAD OF STATE THAT AS CHIEF OF EXECUTIVE POWER, REPRESENTING THE EXECUTIVE;
2. SIMON DIEUSEUL DESRAS AND JACQUES STEVENSON THIMOLÉON, RESPECTIVELY PRESIDENT OF THE SENATE AND PRESIDENT OF THE CHAMBER OF DEPUTIES,REPRESENT THE LEGISLATURE;
3. ANEL JOSEPH ALEXIS, ACTING IN ITS CAPACITY OF PRESIDENT OF THE COURT OF APPEALS THAT AS PRESIDENT OF SUPERIOR COUNCIL OF THE JUDICIARY, REPRESENTING THE JUDICIARY;
Motivated by the desire to make every effort to ensure confidence in institutions by ensuring their proper functioning, in order and discipline and respect for the Constitution and laws of the Republic;
Aware that the current political situation has caused repeated delays in the organization of elections for the renewal of mandates come to an end of the elected of local authorities, the Chamber of Deputies and the Senate of the Republic, following the wishes of sections 63, 66, 68, 90.1, 92, 92.1, 92.3, 94.2, 95, 95.3 of the Constitution;
Considering that political actors may use agreements or pacts to out the country from any possible economic crisis;
Taking note of the resignation of Prime Minister and members of the Government;
HAVE ADOPTED IN GOOD FAITH AND AGREED AS FOLLOWS :
1. The Head of State appoints the Prime Minister after consultation with the President of the Senate and of the Chamber of Deputies. A consensus government will be formed with the participation of political opposition sectors, of Haitian personalities known for their patriotism, civic sense, their honesty and integrity, able to inspire confidence in all political actors in general and to those involved in the electoral process in particular;
2. The Head of State, pursuant to Articles 101 and 105 of the Constitution, convenes the Legislative Body to extraordinary for:
2.1. Vote on the amendments to the electoral law before 12 January 2015;
2.2. Ratify the general policy statement of the consensus Government resulting from the negotiations before 12 January 2015;
2.3. Vote all amending budget;
2.4. Ratifying the treaties and international agreements and vote all the bills mentioned in the convening menu, including the bill creating and organizing the National Education Fund;
2.5. Analyze and verify the reports of the Superior Court of Auditors and Administrative Disputes (CSC / CA) of all Great Commis of the State requesting discharge of their management in Parliament;
2.6. Speak and declare the necessity of concur to a constitutional amendment.
3. The Head of State reconstitutes the Provisional Electoral Council on the basis of the spirit of Article 289 of the Constitution in order to organize the upcoming parliamentary and local elections.
4. The periods for the various formalities will be exceptionally reduced in the transitional provisions of the Electoral Act to enable the achievement of the general elections of 2015 at the earliest; the Provisional Electoral Council has to commit to organize these elections in a period not exceeding one hundred and twenty days (120) from the date of installation planned for January 2015.
5. On the second Monday of January two thousand and fifteen (2015), parliamentarians whose terms expire may continue to hold office until complete four (4) years for deputies, or twenty-four (24) April two thousand and fifteen (2015) and six (6) full years for senators or up to nine (9) September 2015, subject to this clause to be enshrined in the electoral law before 12 January 2015. If the election for their replacements take place before the dates thereof, their mandate expires at the inauguration of the newly elected.
6. Once the amendments voted and passed, the Head of State will ensure their publication in accordance with the Constitution, at the latest January 12, 2015.
7. The failure to comply with any provision contained in this Agreement leads its invalidity with all legal consequences. The President of the Republic, Head of State, will ensure the stability of institutions, will ensure the functioning of public authorities and the continuity of the state, according to the Constitution.
This Agreement will be signed, sealed by the parties and published in a special issue of the Official Journal of the Republic Le Moniteur to be run by the signatories, each regarding it.
Done at Port-au-Prince, the twenty-nine (29) of December two thousand fourteen (2014), Year two hundred and eleventh (211th) of Independence."
FOLLOW THE SIGNATURES:
For the Executive Power :
Michel Joseph MARTELLY
For the Legislative Power :
Simon Dieuseul DESRAS
Jacques Stevenson THIMOLÉON
For the Judicial Power :
Anel Alexis JOSEPH
Let's hope that his new agreement where the President has once again ceded to the most opposition demands, do not suffer the same fate that the agreement El Rancho, where only the executive had met its commitments... Regarding to the compliance of this agreement with the requirements of the Constitution it is a another question...
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