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Haiti - Politic : Reduction of terms of senators ?
24/01/2013 11:17:01

Already mentioned last December, the possibility of a reduction in the term of senators was discussed again at a meeting at beginning of the week between the Head of State and several parliamentarians, whose the Senator Simon Dieuseul Desras, President of the Senate. This reduction would have for consequence, the departure of 10 senators that took office in September 2009 in January 2014 instead of the second Monday of January 2015.

Following this meeting, the Senator Desras declared "[...] I'll take a minute to explain [...] in 2008 there is an electoral law, which was passed, section 231 of that Act, which refers to Article 85 said that at the next election, Senators elected will continue in office, in accordance with Article 85, until the second Monday of January 2014. At that time, At that time when the law was passed, he thought the elections would be held in November 2008, but they were not made in 2008. If they were made in 2008 we would have 2008 + 6 years = 2014, because Article 85 states that the Senators are elected for 6 years.

Senators were not elected in 2008, and the elections were held in 2009 and elected senators were sworn in on September 4, 2009. As section 231 was a transitional provision, this provision no longer exists, even if you see it written in the law, it no longer has the force of law.

So now we have to talk about 2009 + 6 years = 2015. But there appears to be a willingness on the side of the Executive to implement the 2008 law, even if it does not work constitutionally. I spoke with the President and I told him that it was a bad road. If he has advisers who tell him that he can enforce this law, I challenge themto tell me that I am not right, because when we talk about transitional provision, it is something that is limited in time and that time is spent.

I told the President that I did not wish he insists in this way [...] if we put in question the mandates of elected, it is necessary to challenge the terms of all elected officials, and we could arrive at a general election [...]"

The Senator Wencesslas Lambert, avorable to the Government Martelly-Lamothe, expressed his disagreement with this possibility, noting that the Constitution, requires the respect of mandate of six years of senators. Although he is convinced that the remarks of President Martelly do not reflect the official position of the Government, he warned him against any attempt to reduce the mandates of Senators, predicting a new and serious political crisis.

S/ HaitiLibre