August 4, 2021
Haitians never approach a problem in the simplest, most efficient manner.
The Constitutions presents two situations, and solutions to be applied should the Presidency be vacated, for whatever reason.
We are already on track to the quickest and simplest way out of the current crisis.
With elections carried out by Prime Minister Ariel Henry, hopefully in the immediate future, we will have a legitimate President, with a complete new mandate in place, coupled to a new no-Senate Constitution within the shortest period.
The International Community has stressed that the Prime Minister’s key function is successful completion of projected elections!.
We are now seeing a “Smoke and Mirrors” campaign of misdirection, and threats, utilizing Article 149 of the Constitution to justify things.
TO FOLLOW THIS MISDIRECTED PHILOSOPHY, ELECTIONS WILL BE DELAYED, PERHAPS FOR YEARS, DEFEATING THE DESIRES OF BOTH HAITI’S POPULATION, AND THE INTERNATIONAL COMMUNITY.
Let’s look at Article 149 involved.
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
In case of vacancy of the Presidency of the Republic either by resignation, dismissal, death or in case of physical or mental permanent incapacity duly declared, the Council of Ministers, under the presidency of the Prime Minister, exercises the Executive Power until the election of another President.
In this case, the ballot for the election of the new President of the Republic for the time that remains to complete the mandate takes place sixty (60) days at least and one hundred twenty (120) days at most after the beginning of the vacancy, in accordance with the Constitution and the electoral law.
In the case where the vacancy is produced from the fourth year of the presidential mandate, the National Assembly meets of office within the sixty (60) days which follow the vacancy to elect a new Provisional President of the Republic for the tine that remains to complete the mandate.
The bicameral National Assembly of Haiti (Assemblée Nationale) consists of the Chamber of Deputies (Chambre des Députés) and the Senate (Sénat). The Chamber of Deputies has ninety-nine members, who are elected by popular vote for four-year terms.
AT THE MOMENT WE HAVE FEWER THAN 12 LEAVING AN EMPTY TENT!
So, the National Assembly should have something like 129 sitting members. The Chamber of Deputies is effectively non-existent and will be filled with the election now being planned. The Senate doesn’t even have a quorum, with fewer than 50% of its membership still in place.
The unfortunate situation exists because of the undemocratic, and chaotic, disrupting actions of both Chamber of deputies, and Senate as they acted to block President Moise’s effort to hold legally mandated elections.
Now, the surviving Senators hope to use this chaotic situation to inflict one of the Surviving Senators – Senator Joseph Lambert – in the Provisional Presidency, which will only confuse and distrupt this more.
The best, simplest, less expensive and more efficient solution sees the Council of Ministers, under the Prime Minister’s leadership, guiding us through the electoral cycle to install and new President, Chamber of Deputies, and fille empty Senate seats.
If anyone believes they are justified to sit in the President’s chair, let him/her go the the election and win the mandate.
TO USE ANY OTHER APPROACH WILL GUARANTY AN EXPLOSIVE REACTION FROM THE NATION’S IGNORED “TRADITIONAL SOCIETY”- A MAJORITY THAT THREATENS TO SWEEP SOCIETY AWAY WITH A TSUNAMI
PEOPLE IGNORE THE FACT THAT PRESIDENT MOISE WAS VERY, VERY POPULAR WITH HAITI’S VAST MAJORITY.
THEY EXPECT A LEGITIMATE APPROACH TO REPLACE HIM IN THE PALACE.