Haiti: Senator Benoit Open Letter to President Martelly on Electoral Crisis

PORT-AU-PRINCE, Haiti (defend.ht) – Senator Steven Benoit (Ouest/Alternative) wrote to President Michel Martelly a letter to suggest a way out of the electoral crisis facing Haiti since November 2011. Benoit changes his stance and proposes a provisional council to renew the Senate, which will then vote members to a Permanent Electoral Council to hold elections for municipal officials.

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Port-au-Prince, August 9, 2012.

His Excellency
Mr. Joseph Michel Martelly
President of the Republic
National Palace

Excellency,
Once again, I have the honor to address you as you are responsible for the smooth running of the republican institutions of this country, and the proper conduct of its democratic process. So I hope you receive this correspondence as an open dialogue that can facilitate peace and stability that will allow us to pass the crossing of the current situation.

Some history
Let me remind you that in April 1997, just before the elections to allow the renewal of one third of the Senate, the results of the first round were challenged with such virulence that the two (2) of the Senators elected were never able to take the oath. As for the second round it never took place. Results decried, the Provisional Electoral Council decried just as much.

In May 2000, the powers that be had tried to win all the seats in parliament with 81 deputies demonstrated track record in his favor, sitting on 83, and 18 of its candidates elected Senators of 18 seats in ballot. Once again these results were disputed and there followed three years of uninterrupted political unrest, until forced departure of President-elect.

Today we are faced with the challenge of forming an Electoral Council that gives rise to intense controversy and creates friction between the three powers. If we are not careful, the Electoral Council may never see the light and the country could fall into a political crisis.

Indeed, in the reign of the CSPJ a conflict of importance and the conduct of the President of this institution in the nation, that is supposed to place their ultimate trust is very reassuring, and it seems even further to fan dissensions internal (and external). The CSPJ must regroup and regain its dignity and the confidence of the nation, even at great sacrifice.

In the Senate, it is to this day, it can not meet in full with the 20 members currently sitting there. It is even more difficult to obtain the two-thirds majority that would be to designate the three representatives of the National Assembly at the Permanent Electoral Council. Recall that, the Chairman of CSPJ, President of the Senate can vote to decide a deadlocked vote. Now, twelve Senators and thirty-six deputies have already expressed openly their hostility to the formation of the permanent electoral council and demand that it be preferably a Provisional Council of consensus that organizes the next election.

The voice (or channel) of Wisdom
I was personally in favor, and I am still in favor of the establishment of a Permanent Electoral Council. Since a majority of my colleagues had voted on the amendments, whereas the majority of MPs had requested the publication of the amended mother law, I had bent to the will of the majority vote as any good Democrat. Out of respect for the vote and the prescription of the amended constitution, there was no other way for me than going through the decisions and form a permanent electoral council.

However, considering the situation from the reactions of the CSPJ and how it continues to generate, given the looming crisis in Parliament if the various positions expressed can not be reconciled, I can only hope a dialogue between the Executive, Parliament, the CSPJ, political parties and civil society to find a compromise.

This would avoid unnecessary disputes, adverse to the proper functioning of government and the Haitian government in general. Similarly, it would be very wise for you to return the Order appointing a Director General of the Electoral Council, even before it was made. It will be for Councillors themselves to choose a Director General, as is done in other institutions that are independent of the Superior Court of Auditors and Administrative Disputes, State University of Haiti, the Office of ombudsman.
This is the voice and the way of wisdom …

Governance
Once the electoral council is formed, its members will submit as soon as possible to Parliament for ratification, the election law to govern the games that will choose the third of the Senate, the election of Mayors and CASECs. In the meantime there will be plenty to do.

Parliament will vote: the Law on Local Government – the Organic Law of the permanent CEP – Law against Corruption – the Law on Political Parties – the law against tax evasion – the law against flight of electricity. For its part, the Executive should also publish the laws passed by Parliament but not yet printed in the Official Journal as the law on school fees (to show that he supports education) – the Habeas Corpus Act – Law on Preventive detention – Kidnapping, and all other laws passed in Parliament but not yet published in Le Moniteur.

Such a table will only strengthen the balance sheet of President Martelly and his government. During the electoral process, you will have the choice to stay above the fray or to work for the victory of your party’s candidates in elections. The experience of 1997 and 2000 mentioned above clearly indicate that the executive’s interest to let the polls speak freely and to settle the number of seats is has achieved democratically.

Institutional strengthening
After the publication of election results on course must be immediately placed on training the Permanent Electoral Council, the Constitutional Council, and the indirect elections that will enable the country to have the Municipal Assemblies, departmental and interdepartmental Council, whose Members will eventually serve on the Council of Ministers instead of Members that are observing today, which is a great anomaly.

Before closing, I want to remind your Excellency and domestic public opinion that the document called the Haitian Constitution of 1987 as amended does not exist anywhere. Reproduction of amendments to clerical error has occurred, but it remains to publish the 1987 Constitution with all amendments incorporated! In this regard, I draw your attention to the fact that the delay in reproduction for ”clerical error” is the cause of this serious crisis currently being developed. It could have taken place well before the end of the mandate of the ten Senators who had so fiercely rallied the cause of the Executive.

These tips are for you, Excellency, in a patriotic fervor to find in your consciousness as a statesman, a favorable response that will only further ensure the success of your mandate, while ensuring the welfare of this People who expects much from you, from us.

Patriotically,
Steven Irvenson BENOIT
Senator of the Republic

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