Haiti - Politic : The publication in Le Moniteur of the PM's agreement is illegal - HaitiLibre.com : Haiti news 7/7





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Haiti - Politic : The publication in Le Moniteur of the PM's agreement is illegal
23/09/2021 11:24:27

Haiti - Politic : The publication in Le Moniteur of the PM's agreement is illegal
The publication in the official journal Le Moniteur (special issue 46) of the Prime Minister's agreement "Political agreement for peaceful and effective governance of the interim period" https://www.haitilibre.com/en/news-34802-haiti-flash-the-political-agreement-of-the-pm-published-in-the-official-journal-full-text.html is "illegal and contrary to administrative procedures relating to publications that may be recorded in Le Moniteur" affirms Lyonel Valbrun, the Secretary General of the Presidency.

In a correspondence addressed to the Prime Minister ai Ariel Henry he recalls that "[...] that only the decisions taken in the Council of Ministers and thus binding the Government of the Republic can be the object of publication in the Official Journal apart from the legal publications usual.

This outrageous publication is illegal and abusive because it does not fall within the scope of the constitutional powers governed by article 158 of the Constitution."

Stressing in another correspondence sent to Jean Emmanuel Jacquet, the Minister of Communication "[...] This publication therefore constitutes a serious fault and engages the personal responsibility of the Director of the National Press."

Ronald SAINT-JEAN, the Director General of the National Press, who also received a letter reminding him that "[...] the General Secretariat is the only body authorized to transmit any document to the National Press for publication, otherwise this constitutes a fault which results in its consequences."

Letter addressed to the Prime Minister :

"Port-au-Prince, September 22, 2021

Mr Ariel HENRY
Prime Minister
Primature

Mr. Prime Minister,

I have taken note of the publication in the official journal of the Monitor no. 46 of September 17, 2021 of a document entitled 'Political Agreement for Peaceful and Efficient Governance of the Interim Period'. I would like to point out to your attention that only decisions taken at the Council of Ministers and thus binding the Government of the Republic can be published in the Official Journal, apart from the usual legal publications.

This outrageous publication is illegal and abusive because it does not fall within the scope of the constitutional powers governed by article 158 of the constitution. In addition, it seems necessary to remind you that the services of the General Secretariat of the Presidency provided for in article 24 of decree 9 of February 1, 2016 are placed under the responsibility of a Secretary General who reports directly to the President of the Republic and on which it depends exclusively.

I would then like to emphasize to your attention that in your capacity as the interim Prime Minister, your first mission under article 149 of the constitution of the Republic is to organize elections to ensure the legitimate governance of the country.

Receive, Mr. Prime Minister, my best regards.

Lyonel Valbrun
Secretary General"


Letter addressed to the Minister of Communication:
"Port-au-Prince, September 22, 2021

Mr Jean Emmanuel JACQUET
Minister of Culture and Communication
In its offices

Minister,

I took note of a Le Moniteur N°46 of Friday, September 17, 2021 publishing a text entitled "Political Agreement for peaceful and effective governance of the Interim period". I would like to draw your attention to the fact that this publication in the official journal is illegal and contrary to the administrative procedures relating to the publications which may be recorded in Le Moniteur.

At present, apart from the usual legal publications, only the Council of Ministers is empowered to take political decisions which may have a legal character. In addition, the decisions taken during the Council of Ministers must be transmitted to the General Secretariat of the Presidency of the Republic with a view to their publication in the Official Journal Le Moniteur. This publication therefore constitutes a serious fault and engages the personal responsibility of the Director of the National Press.

Hoping that the necessary follow-up will be given to this unspeakable failure, I ask you to receive, Mr. Minister, my best regards.

Lyonel Valbrun
Secretary Generalé


Letter addressed to the Director General of the National Press :
"Port-au-Prince, September 17, 2021

Mr Ronald SAINT-JEAN
Director General of the National Press
In its offices

Mr. Director General

Following the publication of Special Monitor No 46, the Secretary General of the Presidency reminds you of the provisions of article 7 of the Presidential Decree of February 1, 1016 as stipulated in the powers of the Secretary General : "The Secretary General receives the deposit from all texts of an official or legal nature and ensures, where applicable, their publication in the Official Journal of the Republic." (sic).

Thus, the Secretary General would like to point out for your attention, if it were necessary, that the General Secretariat is the only body authorized to transmit any document to the National Press for publication, otherwise this constitutes a fault which carries its consequences. He urges you to keep this produced observation clearly so that it can do the right thing with it.

The Secretary General of the Presidency takes the opportunity to renew to you, My Sir the Director General, his best regards.

Lyonel Valbrun
Secretary General"


HL/ HaitiLibre

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