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Haiti - Politic : The new Advisers to the CSC/CA still not installed... 26/10/2013 10:57:14
Following this election, the names had been sent to the Presidency, which was then expressed reservations, saying to be in favor of a vetting on 7 of the 10 new members to the CSC/CA elected by the Senate and called the current advisers to remain in office until replacement. In a letter, the President Martelly had explained its decision "[...] if the two constituent assemblies, which have given birth to the 1987 Constitution and the amendments of 2011, wanted the President of the Republic is categorically excluded from the selection of advisors of the CSC/CA, they would not have decided that it is to him, that it returned to perform the final process of the validity of their appointment by the publication in the official journal Le Moniteur. Call that what you want, the actual appointment takes effect from the act done in Le Moniteur [...]" Following this decision strongly contested by Simon Dieuseul Desras, the President of the Senate, followed a series of correspondence between the Upper House and the executive, whose the last episode, concerns the last letter of the Head of State addressed to the President of the Senate, dated 23 October 2013, to express him its concerns as part of the appointment of judges of the CSC/CA. Letter from the President Michel Martelly : PN/MJM/ygj/846 Port-au-Prince, October 23, 2013 "Mr. President of the Senate Browsing the records of ifferent personalities selected by the Senate for the position of advisers at the Superior Court of Auditors and Administrative Disputes, I would draw your attention to a set of critical points for the least curious : First point. Seven candidates selected from hundred one (101) applicants have direct and privileged relations with Parliament. These links go from the position of former senator, former MP, Chairman of Board and President of Assembly or Head of Cabinet of the President of Assembly, Secretary General to that of Chief of Electoral Campaign of Senator, no name just a few. Is it a coincidence? President, I have the responsibility to ensure balance in government and institutions. Second point. Twenty-five candidates currently officials in the Superior Court of Auditors and Administrative Disputes that submitted their applications for the post of councilors, none of them had the right to a hearing session. Their applications were rejected en bloc. You have in your possession heir protest letter of 8 July 2013, which was sent to you, with a copy to the President of the Republic. They consider that their constitutional rights have been violated. Third point. I would like that was send to me copy of the certificate of discharge of all successful applicants that were accounting of public funds. There are accounting of public funds of law and fact. The list is also indicative and not exhaustive. It is not enough of a subjective assessment or apparent or even notorious for discharging someoneos its responsibilities. A project manager, a director general, a President of the Chamber of Deputies, etc... even when it would never have signed a financial document committing the state, is deemed accountant of right. As someone who has handled state funds without being officiallyin function in a public administration can be called to account. To be discharged, a certificate from the Superior Court of Auditors and Administrative Disputes is necessary... certifying, for example, it has never signed any act of public financial record during its function. In all cases where the discharge is constitutionally required, only the CSC/CA an attest that someone, on the occasion of its management, had - or did not had - to act as Accountant of State. In this sense, the act of discharge or a negative certificate duly issued by the CSC/CA for all applicants accounting of public funds selected and their final tax returns missing to files that you provided to me. I would like be able to obtain copies of those missing documents as soon as possible if that, as I believe, can makes us save the time an audit committee would require. Remember that the advisers of CSC/CA are judges accountable. This requires a rigorous assessment of their records. Relatively to the case of a former employee of the ONA selected among the ten selected advisors, I suggest that the Senate lead at the earliest, an investigation on his passage in this institution. Such an investigation could avoid us an another scandal in the conduct of state affairs. Hoping to be able to rely on your sincere cooperation in this regard, I urge you to accept, Mr President of the Senate, my patriotic greetings." Michel Joseph Martelly Recall for the benefit of our readers that the CSC / CA is responsible for managing the disputes between officials and the state, to ensure that accountants, authorizing officers and employees make a good management of public funds and gives them discharge and formulate in relation to its mission, of proposals in the Senate. Advisers are elected for 10 years. See also : https://www.haitilibre.com/en/news-9381-haiti-economy-appointment-of-10-members-of-the-court-of-auditors.html https://www.haitilibre.com/en/news-9006-haiti-politic-renewal-of-10-members-of-the-csc-ca.html HL/ HaitiLibre
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