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Haiti - Politic : Electoral Council Permanent or Provisional ?
A Provisional or Permanent Council, the issue still divides senators. The Senator Jocelerme Privert has indicated that the amended Constitution provided that in case of impossibility of forming a Permanent Electoral Council, it was possible to form a Provisional Council on the basis of Article 289 [Article which has not been amended]. "You can fall back on Article 289 to set up a Provisional Electoral Council," said the Senator, who, however, recognizes that the amended Constitution, paving the way to the rapid formation of a permanent Council.
An opinion not shared by the President of the Lower House, who considers the approach unconstitutional, even more this Provisional Council, mentioned by several Senators, would be constituted, in terms of representation on the same rules that the Permanent Council, which is contrary to Article 289. He urged his colleagues in the Upper House, to overflow and to show compromise, in order to appoint as soon as the 3 representatives of the legislative body.
Article 289 (Constitution of 1987 amended) :
"Pending the establishment of the Permanent Electoral Council provided in this Constitution, the Provisional Electoral Council of nine (9) members, chargedof the execution and elaboration of the Electoral Law to govern the next elections is designated as follows :
1) One by the Executive, not servant ;
2) One by the Episcopal Conference ;
3) One by the Consultative Council ;
5) One by the organisms of Defense of Human Rights not participating in the elections;
6) One by the University Council ;
7) One by the Association of Journalists ;
8) One by the 'Cultes Réformés' ;
9) One by the National Council of Cooperatives."
Furthermore, Mr. Mariano Fernández Amunátegui, the Special Representative of UN Secretary General in a note, stated yesterday "[...] The reform of mode of selection of members of the CEP, adopted by the National Assembly during the process of constitutional amendment in May 2011, represents an important step in the process of stabilization and of democratic development and of the rule of law in Haiti. Indeed, the complexity of the old system of selection, based on the departmental assemblies, which have never been created, had so far prevented the establishment of the Permanent Council and had forced the country to organize the elections through Provisional Electoral Councils. The latter, based on political agreements, quickly saw their impartiality challenged, plunging the country into post electoral political crises repeatedly.
The fact that Haiti, since 1987, has not had the opportunity to develop an electoral institution stable, credible and independent is one of the causes of political instability. Now that the establishment of such an institution is possible, Haiti is faced with a historic opportunity. The three branches of government can collectively choose to give the country of an institution that has the credibility to organize the elections that will contribute to the emergence of a calm political climate rather than divide the Haitians. The emergence of such a political climate will thus enable the State to focus on the Economic and Social Affairs, which are very important for the future of the nation.
[...] It is not given to all leaders to make decisions that offer the chance to sustainably transform the politics of a state; the representatives of powers : Executive, Legislative and Judicial now have this opportunity and the istory will record their choice. I am confident they will choose nine exemplary citizens who will organize free and democratic elections, and the results will be recognized as legitimate and transparent."
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