Haiti – Open Letter to President: Businessman Announces Lawsuit against Government

Friday, 07 September 2012 01:13

Written by Michel André Apaid Jr.

André Apaid Jr.

PORT-AU-PRINCE, Haiti (defend.ht) – André Apaid Jr, the businessman abased on Monday at the Toussaint Louverture International Airport, being prohibited from traveling abroad, over allegations of unpaid taxes, released a critical open letter to President Michel Martelly ultimately announcing intentions to sue the government.

Along with the letter that references his father’s time imprisoned in the brutal Fort Dimanche during the days of Duvalier, Apaid called for a press conference Friday morning. Subsequently the General Directorate of Taxes (DGI) scheduled for a press conference following Apaid’s.

The letter to President Martelly is below.

Mr. President,
Firstly I apologize for the tone of this letter that I believe justified. At each of the few meetings we had I’ve always done my best to tell you frankly and constructively things. This time, for obvious reasons, I find myself obliged to send you an open letter.

Four days after I had publicly expressed my concern of seeing our country move towards a political crisis due to the erosion of confidence in the electoral process, I was surprised to find myself stuck at the airport on the way to an important business trip.

Indeed, Aug. 30, at the Karibe [Hotel], I took my courage to tell you that the perception of the involvement of the executive in the CSPJ (Superior Council of the Judiciary) crisis would be the basis of a deterioration of the moral authority of your government and I invited you to rectify what is now obvious to everyone. I spoke for 6 minutes, you took almost 20 minutes to respond and express your strong and passionate disagreement with me.

Because I have no doubt that the Government Commissioner acting on your behalf and for many political reasons, I will allow both for the reputation of my family, love for the motherland and the people of Haiti, who are suffering and waiting for real solutions to their problems, to invite you to another approach, if possible.

My father is known to have been a very polite man but very brave. He suffered the Fort Dimanche prison and an exile which lasted two years, while two of his children were held hostage in Haiti in 1962.

He suffered exile because of his courage to bring to Senator Thomas Desulme, then in exile in Jamaica, his two youngest children and his wife because his two elder had been killed by members of the VSN (Militia of National Security Volunteers or Tonton Macoutes) .

Subsequently, Mr. Duvalier apologized to my father’s estate, saying that his exile was due to an error of the men in khaki. But the damage was done. During these two years of exile and the years that followed this period, while the world was opening around us, democratized and modernized, I observed the fear that held the poorest, middle class, the economic and intellectual elites of our country.

I found with just how many men and women of character, after many years of suffering, were brought or forced to leave the country or to compromise their beliefs and dreams to do well to contribute to a Haiti that is good for all children.

I am writing this so that you understand that without necessarily being reckless, I always asked God to help me overcome my fear because this observation I mentioned earlier made mes confused and disgusted. I am convinced that as long as we will not overcome this fear, and as those who govern us do not understand that they should not use it, you will not have democracy, or creativity, or freedom, or confidence to bring the level of investment needed to change the situation of the Haitian people .

I was young but I saw and understood how Mr. François Duvalier and his government, needing money, had to stop and tie their belts with pants, many young fathers traders today, many of them Levantine origin or of mixed blood like me. They were forced to walk through the market of Croix des Bossales barefoot in humiliation, to establish fear and get the funds to feed the system of corruption.

I confirmed myself that a power that intimidates and scares its private sector does not facilitate investments but often prepares the submission of some members of the industry to go through the back doors of the palace to make ends meet. With all models and recent past events we have proven that this approach will not bring democracy, nor creativity, nor freedom nor the confidence to lead the level of investment necessary to change the situation of the Haitian people.

In January this year, I was already indisagreement with your government on some changes and after visiting one of your friends and advisers in my office asking me to drop this support for Mr. Conille, I saw my name written on the walls of Bourdon in Port-au-Prince, calling me a thief and telling me to “let President Martelly work.” It was clear, therefore, that I was on a special list, especially since other more serious false accusations from your office was provided to me by several official sources.

Unfortunately, Mr. Speaker, what I told you already timidly, I feel compelled to say publicly and clearly, we do not come out if you feel satisfaction or your emotions continue to be for you more important. Those who know you respect your bravery and recklessness. Today it is your wisdom and your insight that I make a last public call.

With you we can do much. Without you we will lose before getting there. 72 days ago, when you returned from Brazil, I found a family member on the phone to ask for a meeting at which I wanted to express how a small group of progressives in the private sector would want to share a plan to create 150,000 jobs over 6-8 years that may bring 1.5 Billion U.S. dollars annual export to our Haiti.

I insisted and waited for you to present to your dreams and set up the machine, conditioned by your policy to meet this challenge. I was confident in the moment and the opportunity. I must tell you, Mr. President, when I feel the fear that is settling over my colleagues, they are not put at ease to play their part, fear and flattery begin to install so rampant in other areas, I am confident that everything will go wrong and unfortunately we are still going back to the misfortune of the country and our brothers and sisters.

By this way, you will not bring them the level of investment required to change the lives of the Haitian people, especially if fear is “institutionalized.” In contrast, our country will win when you inspire confidence and possibly admiration. As in the formation of the government team in some acts and some approaches, it seemed to me, at any given time, can hope…

It is quite normal for your government to take measures to ensure that taxpayers meet their obligations and pay their taxes so that it is fairly redistributed the wealth that is created. Read the draft Social Contract that we helped to write after so many consultations and you will understand that I am sincere when I say it. Approach, however, the Director of the DGI as well as the Government Commissioner are arbitrary and are against all your intentions to bring the massive investment needed to create wealth and change to the living conditions of our Haitian brothers and sisters.

The words of the Government Commissioner on the airwaves, the output of the list of malicious traders and industrialists, oral transmission and prohibited migration, I confirm that there are ulterior motives.

As for the success of the DGI or Customs to get more money, it must occur properly or it can be considered as a ransom. The strengthening of the state and the proper use of its coercive apparatus are necessary but they must not be by abuse targeted to bring widespread fear.

It is very noble that you create a foundation for social purposes. However, Mr. Speaker, with the fear that settled in the country, as well intentioned as you may be, it also develops a perception that if next month, the foundation or your new party would simply call individuals to contribute funds to these institutions, to fulfill cash faster than the DGI or Customs. I’m sure you have no interest in strengthening this perception.

For my part, I will soon make arrangements to build the public on the facts and the consequences of this case. Unfortunately for me, my name on the walls or to spend the end of your term in prison have the same effect on me, for a long time, I resigned myself to make any sacrifice to help our country out of its situation.

I do not ask you to make me look for you on the back which caused my name to be put on the no-fly list to start. I ask you to preferably find a way to correct the missteps that have made ​​over 60 business men and women on a no-fly list starting so indiscriminately, and in a hasty unprecedented.

In the meantime, I asked my advice of counsel to prepare a lawsuit against the government. The gesture at the airport has serious consequences both for the future of some of our businesses on the ability of our families to continue to create jobs in such a context.

Despite my anxiety for the country, receive, Sir, Yours in the Fatherland.

Michel André Apaid

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