Following the decision of the Presidential Transitional Council to revoke it, Prime Minister Garry Conille in an open letter to the Nation explains :

Open letter to the Nation from Garry Conille :

"Ladies and Gentlemen, dear compatriots,

It is with a deep sense of responsibility and absolute respect for legal principles that I address you today, following the decision taken on November 7, 2024 by the Presidential Transitional Council (CPT) concerning my functions as Prime Minister. This resolution, taken outside of any legal and constitutional framework, raises serious concerns about its legitimacy and its repercussions on the future of our country.

I would first like to emphasize that this decision directly contravenes both the Constitution and the texts governing the transition period. Article 158 of our Constitution stipulates that the Prime Minister is responsible to Parliament, and that only a resignation or a motion of censure by Parliament can result in the termination of his functions. Under no circumstances can the Presidential Council, even in its transitional functions, replace Parliament or exercise a power that has not been assigned to it.

Furthermore, although the Presidential Council has the prerogative to appoint the Prime Minister, no legal text gives it the power to dismiss him. The Agreement of April 3rd and the Decree of May 27, 2024, which organize the transition, clearly define the governance procedures, but they do not in any way allow the Council to unilaterally terminate the functions of the Prime Minister.

Article 37 of the decree, which governs the organization and operation of the Presidential Transitional Council, is explicit : 'in the event of a governance deficit documented and presented by the Government Action Control Body (OCAG), the Presidential Transitional Council terminates the functions of the Prime Minister by submitting his resignation'. Consequently, the decision of the CPT, taken outside this framework, constitutes an abuse of power and a forfeiture that undermines the fundamental principles of our democracy.

I would like to remind you that it is up to the members of the CPT to approve and set up the OCAG.

We are currently going through a deep and extremely urgent crisis. Haiti faces colossal challenges : gangs that control a large part of our capital, widespread insecurity that affects the population, a food crisis that is hitting the most vulnerable hard, and thousands of displaced families.

I firmly believe that the only way out of the current crisis is to respect the Agreement of April 3rd, 2024, which allowed the establishment of this Transitional Government, and which is based on the principles of dialogue, consultation and shared responsibility. Any attempt at institutional destabilization at this precise moment is nothing more than a maneuver that further weakens our country and seriously compromises our chances of overcoming this crisis.

As Prime Minister, but above all as a Haitian citizen, I choose, out of patriotism, not to respond to this situation with division, but rather with responsibility. I remain attentive to the political and social sectors that, according to the Agreement of April 3rd, hold the legitimacy to guide the transition. With them, I am ready to continue this fight for the stability of our country, to defend legality and to challenge any illegal action motivated by narrow political interests that only add to the suffering of our people.

I remain determined to continue to work constructively for the Peace and stability of our country and to support all efforts aimed at restoring Peace and ensuring democratic, transparent and inclusive governance.

May God bless our country and guide us towards a future of justice, Peace and prosperity.

The Prime Minister

Dr. Garry CONILLE"

In addition to this statement, Conille also wrote on November 10, 2024, to Ronald Saint-Jean, Director General of the National Press, asking him not to publish the CPT resolution. Letter that remained without effect.

"[...]

Considering Article 150 of the Constitution conferring on the President of the Republic only those granted to him by the Constitution and the laws;

Considering Article 2 of the Decree of April 10, 2024, creating the Transitional Presidential Council and Articles 151 and 37 of the Decree of May 23, 2024 on the Organization of the Transitional Presidential Council;

Considering the principle of the legality of administrative acts, an essential principle of the functioning of the rule of law;

Considering that the resolution of the Transitional Presidential Council, taken in defiance of the texts referred to, is clearly tainted with illegality;

Considering that the publication of official acts in the official journal, the Moniteur, are carried out under the responsibility of the Government;

Why, I, Garry Conille, Prime Minister, urge you not to publish the resolution taken by the Presidential Transitional Council to terminate the functions of the Prime Minister [...]

Dr. Garry Conille"

Legal reactions :

Me André Michel, of the Agreement of December 21, reacting to this revocation recalls "The founding texts of the transition (the Jamaica Consensus of March 11, 2024, the agreement of April 3rd, 2024, the decree of April 12, 2024, the decree of May 23, 2024) do not give the Presidential Transitional Council (CPT) the power to dismiss the Prime Minister. [...] exceptionally, Article 37 of the decree of 23 May 2024 stipulates that in the event of serious presumptions of corruption and governance deficit, duly noted by the Government Action Control Body (OCAG) [which still does not exist], the CPT terminates the mission of the Prime Minister by the latter's submission of the Government's resignation. This provision also exists in the agreement of 3rd April 2024 [...] today, there is no possibility for the CPT to dismiss the Prime Minister."

Mr André Michel is not the only lawyer to consider this dismissal illegal. Let us cite among others Me Bernard Gousse who, in addition to qualifying this dismissal as illegal, based on Article 2 of the decree creating the CPT, asserts that the signature of the three Councillors involved in the BNC scandal is invalid.

See also :

https://www.haitilibre.com/en/news-43607-haiti-flash-cpt-appoints-a-new-prime-minister.html

HL/ TB/ HaitiLibre