Haiti - FLASH : The MODIFIED decree creating the Presidential Council published (official) - HaitiLibre.com : Haiti news 7/7

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Haiti - FLASH : The MODIFIED decree creating the Presidential Council published (official)
13/04/2024 07:26:45

Haiti - FLASH : The MODIFIED decree creating the Presidential Council published (official)
Friday April 12, 2024, the Council of Ministers published in the official journal Le Moniteur special number 14, the decree creating the Presidential Transitional Council (CPT). All members of the resigned Government led by Ariel Henry signed this decree. The Government has made important changes, and numerous modifications, additions, clarifications and deletions in the draft decree sent to it by the future members of the CPT https://www.haitilibre.com/en/news-42081-haiti-flash-the-presidential-transitional-council-has-given-itself-almost-an-absolute-power-decree.html which has now gone from 45 articles to 13 articles in the published version in the official journal.

In the important changes made, among others, in Article 2 on the conditions for being part of the CPT, contrary to the draft decree, the one published by the Council of Ministers requires total compliance with article 135 of the Constitution concerning the obtaining a "discharge for those who have been accountable for public funds".

Have been added in article 2
Paragraph 1 "if it is currently the subject of a criminal charge or prosecution, or if he has been convicted in any jurisdiction;"
Paragraphs 2 "if it is the subject of a sanction by the United Nations"
Paragraph 4 "if it opposes Resolution 2699/2023 of the United Nations Security Council authorizing the deployment of the Multinational Security Support Mission".

Which is also linked to article 8 which stipulates "The members of the Presidential Transitional Council are subject to the formalities of declaration of assets provided for by the Constitution and the Law in this matter." Note that this aspect appeared in the agreement but was omitted in the draft decree.

In article 5 has been added (among others), paragraphs 6 "continue collaboration with all members of the international community for the accelerated deployment of the Multinational Security Support Mission authorized by the United Nations Security Council Resolution 2699/2023."

Article 17.1 of the draft decree allowing, among other things, the CPT to unilaterally modify paragraphs 1, 4 and 6 of article 157 of the Constitution has been removed.

However, if the CPT is now created, the designated members must still wait for the publication of the decree in the official journal to formalize their appointment, for this purpose "the personalities designated by the stakeholders to be part of the Presidential Transitional Council, are invited to submit to the general secretariat of the Council of Ministers the documents required in accordance with article 2 of the decree. The documents must be submitted in a sealed envelope, either to the National Palace or to the Prime Minister's Office, Villa d'Accueil, in Bourdon."specifies a press release from the Government published after the publication of the decree.

Article 12 states that the (resigning) Prime Minister takes the necessary measures for their installation. Remember that Prime Minister Henry will resign, as initially planned, when a new Prime Minister has been appointed.

Download the official decree (PDF in French) : https://www.haitilibre.com/docs/Decret-portant-creation-du-Conseil-presidentiel-de-transition.pdf

Download the draft decree submitted by the members of the Presidential Transitional Council (PDF in French) : https://www.haitilibre.com/docs/projet-decret-08-04-2024.pdf

Download the full text of the signed agreement (pending publication, PDF in French) : https://www.haitilibre.com/docs/accord-politique-pour-une-transition-pacifique-et-ordonnee.pdf

HL/ HaitiLibre

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