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Haiti - Politic : Mirlande Manigat in favor of Privert until 2017 21/06/2016 09:41:24
A silent hardly understandable by more than one observer, especially that the evolution of the conjoncture confirms the analyzes published last year by Mirlande Manigat, Secretary General of the RDNP particularly in two written "What I believe" https://www.haitilibre.com/en/news-14809-haiti-elections-mirlande-manigat-outraged-and-disgusted-by-the-electoral-masquerade.html and "What I believe again" https://www.haitilibre.com/en/news-13798-haiti-flash-presidential-mirlande-manigat-throws-in-the-towel.html In a note dated Sunday, June 19, Mirlande Manigat explains that her party "waiting for the passage of certain announced steps before pronouncing" such as : the report of the CIEVE, the discussions surrounding the end of the term of President Privert, the first decisions of the CEP and the policy practiced by both Houses of Parliament. "[...] On these various issues, the RDNP would like to make public the conclusions it reached after internal discussions. 1. Report of the CIEVE is technically well built, on the basis of convincing statistical methods and in application of standards used by polling institutes, particularly the design effectiveness of sampling. It has been widely accepted, but the work was doomed to be politically inadequate because there was no prior agreement on what was expected of the Commission. If serious shortcomings have been revealed about the elections last year, we were entitled to expect that the extent of fraud should normally lead, on behalf of public morality, to the revelation of the identity of the fraudsters and punishment against them required in such cases. Therefore, the report is insufficient not by default of serious or because of the bad faith of the authors, but for lack of audacity. 2. The question of the end of the term of President Privert. The election of Senator Privert refers to two texts: on one side the Tripartite Agreement of February 5 that is policy and without constitutional and legal basis, but it has been widely accepted as a kind of desperate lifeline in confusion and concerns of the time, and without a necessary prospective examination of its implications; its exegesis, especially the famous grammatical expression if appropriate, currently feeds comments and extrapolations. The second is the second paragraph of Article 149 of the 1987 amended Constitution. The hazard of the legal drafting made that both mention the 120 days that could be the basis of reference, but it should be emphasized that our constitutional and legal traditions manipulate time and they often include not references but formal dates that are rarely observed as they stumble, usually on the tyranny of the news. Such is what transpires in the current debate. We believe that the mandate of the President Privert has no a legal acceptable term and instead buttress on a date, we should consider the content of the mandate, namely, overseeing the elections announced. Also, there is no need to wait for a decision of the National Assembly : if it was an authority of nomination constitutionally prescribed in the second paragraph of Article 149 of the amended Constitution, it is not necessarily a body required to determine the term of a mandate it has granted. It would be desirable that it abounds in the sense of reason and realism : the country can not live the complication that would normally arise if the mandate of the Provisional President should be challenged because there is no constitutionally acceptable formula of replacement. The amendment occurred in 2011 finally confirmed the lapse of recourse to the Court of Cassation, a formula inaugurated in 1950 to replace another used since 1806, which entrusted the Secretaries of State the care to exercise executive authority in case presidential vacancy. It is good, moreover, to emphasize that the first paragraph of the new Article 149, which deals with this precise four formal case of replacement by the Council of Ministers chaired by the Prime Minister : the resignation, removal, death and permanent physical or mental incapacity duly established. Thus, the law which in the circumstances is strictly applied, the logic, common sense and concern for public stability led to wish that President Privert remains at his post, oversees the organization of the elections until the deadline of February 7, 2017. 3. The announced elections. The RDNP had not participated in the elections in 2015 because the CEP of the time and the political conditions do not augured regular consultations. The new CEP, the 18th since the publication of the 1987 Constitution (as it must be stressed, a single Provisional Electoral Council was planned according to Article 289 of the transitional provisions), has pledged to hold elections technically and politically satisfactory. It is permissible to doubt it manages to restructure the machine in four months, but until proven otherwise, it is not naive or foolish to award it some benefit. The RDNP will not participate in the presidential elections but will decide at the appropriate time, to provide support to one of the registered candidates. But the party will be registered with the CEP to participate in the elections of third of the Senate and it will be done in the coming days [...]" HL/ HaitiLibre
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