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Haiti - FLASH : End of the mandate of senators in 2023
04/01/2022 09:30:00

Haiti - FLASH : End of the mandate of senators in 2023
In a very detailed analysis report on the Constitutional Mandates of elected officials from one third of the Senate, the Center for Analysis and Research in Human Rights (CARDH) concluded, in an approach consistent with the Constitution, that the tenure of the 10 Senators in office will expire on the second Monday of January 2023 and not as some say on January 10, 2022.

In its conclusions CARDH writes:

"[...] 29. Renewal, constitutional approach applicable to the current third of the Senate

79. For the ten serving senators, the renewal approach is one that is constitutionally compliant and non-controversial. Indeed, since the adoption of the Constitution, a six-year mandate has been given to the renewed third and to the first third if it is a general election (three-thirds ballots). As such, their constitutional mandate will end on the second Monday in January 2023.

80. With the exception of the biennial and sexennial deadline, the other approaches leave a window of appreciation (subjectivity) and could thus be used for political, revenge and other ends. However, constitutional law is strictly applicable

30. Two extra-constitutional situations can put an end to the tenure of the ten senators

81. The ten senators are currently the only elected officials who consequently hold a gateway to national sovereignty (article 58 and seq. of the Constitution). Two situations can lead to an early end of their mandate. With the country in a reality of institutional dysfunction, senators can negotiate their mandate to facilitate a consensual solution with the objective of restoring institutions and continuing efforts in favor of the rule of law. The second is that the population can rise up against a third of the Senate and act as sovereign within the meaning of article 58 and following of the Constitution.
[...]"


Download the full CARDH report (24 pages in French, PDF) : https://www.haitilibre.com/docs/CARDH-Tiers-du-Senat-Mandat-constitutionnel-des-elus-4-Janv.-2021.pdf

Let's recall that the last remaining third of senators can do nothing other than collect their allowances in a dysfunctional Parliament cut off from the Chamber of Deputies and an elected President...

Remember that a Senator receives : 40,000 US dollars to buy a company car; 250,000 Gourdes each month for patronal feasts; 250,000 Gourdes for a second home, 70,000 Gourdes for fuel costs and 250,000 gourdes per month for the maintenance of his office in his department...

HL/ HaitiLibre

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