News-Multinational Forces/Correspondence: As the deployment of the MMSS in Haiti approaches, Guy Philippe writes to the Kenyan high court of justice

Originally published in French on

letoutauplurielmag.com

From: Sir Guy PHILIPPE
Former Senator of the Republic of Haiti.
To: President of the Kenya High Court of Justice.
PO Box 30041-0010 Nairobi, Kenya.
In its offices,
Subject: Refusal to deploy Kenyan forces in Haiti,
At the request of Sieur Guy Philippe, owner, residing and domiciled in Haiti, identified under the number 003-178-825-5; with Lawyers Mes. Louicher Jean Joseph, Renan Etienne, Ossiny Ferjuste, Jusnel Jean, Aris Katjana Dorceus, Jean Darick, Bulost Dorime, Ernest Marion, Gabin d’Haiti, Étienne Roody, Wilbert Soliman, Hugo Fabien, respectively
of the bars of Port-au-Prince , Fort-Liberté, Aquinas and Petit-Goave, as identified: 005-565-926-3: 003-464-045-4 005-356-699-7: 005-626-606-9: 007-545-076 -3:
007-754-360-3: 004-715-813-8: 004-435-580-4: 004-463-295-1: 004-460-942-6: 005-622-453-2 , for this tax year with election of domicile in the train, sieves on Jastrame Street, number 7, Delmas 91.
In the honor of explaining: if he regrets to express his serious concern about the deployment of Kenyan military or police forces in Haiti, and ask you to stop this illegal action, which violates Haitian sovereignty under the legal and constitutional provisions of Haiti, without delay.
That the unilateral decision of President William Ruto without the assistance of justice
Kenya, sending troops to Haiti is suspicious, as it is likely to be supported in exchange for material profit from all sides and, for its benefit, to protect the interests of Haitian and Western oligarchs. This was amply demonstrated during President Ruto’s last visit to Washington, DC, where
Many projects and promises to the Kenyan Government had been made by the United States to the detriment of the Haitian people.
That, under the Haitian Constitution, the Haitian people ask you to stop this practice of the President and to chorus from any dishonest action condemned by international treaties and agreements, that would cause more chaos in the country.
That it is urgent, to this end, to stress the strong water for your government,
President of the High Court, certain texts drawn from the Haitian Constitution, the Charter of the Organization of American States, the Charter of the United Nations and even a summary of Kenya’s constitutional and legal considerations, which is only guarantee the inviolability of the territory of Haiti by foreign forces but also under the law that is one for all.
Constitutional protections against the foreign military presence in Haiti Article 263-1: Prohibition of Foreign Armed Bodies: Article 263-1 of the Haitian Constitution other prohibits foreign bodies in Haitian territory.
This article protects the sovereignty and territorial integrity of the country by preventing any
prolonged presence or foreign military installation. The provision is aimed at preventing military occupation or foreign influence through bases, ass. By prohibiting these bases, the article shall safeguard national independence and territorial security against any form of foreign, unauthorized military presence.
The Montevideo Convention of 1933 According to the Montevideo Convention on the Rights and Duties of States, Haiti has the right to self-defense to defend interests its, and to protect its citizens from foreign and national threats and no other State has the right to another State to protect.
Article 3 of the Convention states that the political existence of the State is independent of recognition by other States. Even before recognition, the State has the right to defend its integrity and independence, to ensure its preservation and
prosperity, therefore and to organize as it sees fit, to rick on one’s interests, to administer one’s services and to define the jurisdiction and jurisdiction of its courts.
The exercise of these rights has no limitation other than the exercise of the rights of other States in accordance with international law.
In addition, article 4 of the Convention stipulates that States are legally equal, enjoy the same rights and have the same capacity to exercise to. Everyone’s rights do not depend on the power he has to exercise them, but on the mother fact that he exists as a person under international law. This Convention is also a constant reminder that no State has the right to intervene in the internal or external affairs of another State (art. 8).
Article 276: Ratifications and legal status of treaties, agreements and conventions Article 276 of the Haitian Constitution regulates the procedures for the ratification and implementation of international treaties and agreements signed by Haiti. It is that international treaties and agreements must be punished and agreed in accordance with constitutional procedures in order to become applicable in Haiti. Once ratified, they take precedence non-neglecting national laws. In order for the provisions of the treaties to become effective, they must be implemented by specific laws in Haiti.
In accordance with article 276 of the Haitian Constitution in force, any treaty, convention or international agreement signed in conflict with the Haitian Constitution is illegal, invalid and automatically invalid. All activities aimed at sending Kenyan troops, as well as all equipment already sent to Haiti for the use of these foreign troops, are contrary to the Haitian Constitution.
The fundamental rights of states are not subject to intolerance.
In addition, the actions undertaken by President William Ruto, in collaboration with the
United States of America, Canada and France are deeply illegal and Kenya’s Constitution. In reality, Western countries are Haiti’s depriving its legislative rights; there is currently no chamber of deputies, no Senate, and almost all the terms of the judges of the highest court of Haiti have come to an end. For the time, being the Constitution becomes the only legal authority in Haiti and as always. Indeed, the Haitian people do not allow any country to trample on it.
The Constitution grants the Haitian people the right to restore their country and protect it from any interference from anywhere. Artificial insecurity constantly promoted
by the West could end in a few days, or even months, without too much violence after the establishment of a transitional government approved by the Haitian people.
An investigation is already under way by the Haitian people’s proxies to determine whether or not the President of Kenya is involved, directly or indirectly, in the acceleration of chaos in Haiti just to satisfy his appetite for glutton by facilitating the deployment of his military mercenary troops.
Summary of the Constitutional and Legal Considerations of Kenya.
President William Ruto must be deposed for his illegal participation and violation of Kenya’s Constitution. The Kenya National Police Service (NPS) derives its mandate from Kenya’s 2010 Constitution within the framework of Chapter 14 National Security. The Constitution, in its article 240, lists the functions and mandates of Kenya’s national security. Specifically, the Constitutions distinguishes the National Police Service of the Defense Forces of Kenya (the Army), and restricts the use of the NPS in the jurisdiction of Kenya.
Previous judicial
The High Court of Kenya, in Petition No. HCCHRPET/E389/2023, issued an prohibiting order of the deployment of the NPS in any other State, except in strict compliance with the provisions of Chapter 14 and sections 107 and 108 of the National Police Service Act. Taking into account its facts and writings, the mission proposed by President Ruto to Haiti represents a significant overshoot that hinders the Kenyan judicial authority.
Violation of Sovereignty and Territorial Integrity.
1. Article 2(4) of the Charter of the United Nations: This Article orders all Member States to chorus from the threat or use of force against territorial integrity or independence of any State. The deployment of Kenyan forces in Haiti
without a legitimate legitimate and authorized would request constitute a violation of this principle, undermining the sovereignty and territorial integrity of Haiti.
2. Article 2(7) of the Charter of the United Nations: This Article protects the internal jurisdiction of the Member States against any external intervention. The deployment of Kenyan troops, in the absence of a clear and legal mandate from the authorities recognized by Haiti or the United Nations Security Council, would be contrary to this principle of non-interference.
3. 3. 3. 3. Article 19 of the OAS Charter specifically stipulates that no State or group
of States shall have the right to intervene directly or indirectly, for any whatsoever reason, in the internal or external affairs of another State. The previous principle excludes the use not only of armed force, but also of any other of interference or tendency violate that are the personality of the State and the political, economic and cultural elements that constitute it.
Absence of legitimate consent Peace-keeping operations require the consent of the main parties
usually the host country. The current government, led by the administration of the
Transitional Presidential Council/Garry Conille, does not have the legitimate authority to request foreign intervention, invalidating any consent to the deployment of Kenyan troops.
No mandate of the United Nations Security Council Any international military deployment requires a clear mandate from the United Nations Security Council. The absence of such a mandate for the deployment of Kenyan troops in Haiti makes the proposed intervention without legal support and potentially to Haiti’s internal affairs.
Respect for human rights and self-determination According to international law, in particular the principles enshrined in the Charter of the United Nations, all peoples have the right to self-determination. By virtue of this right, they freely determine their political status and freely pursue their economic, social and cultural development. The unilateral deployment of foreign troops undermines this fundamental right, when especially it is not supported by the legitimate government or the Haitian people.
With all these recitals, President William Ruto must put an end to this absurdity even with the support of the United States, Canada and France, and must understand that Haiti has not approved to approve the deployment of its troops and that any deployment of foreign troops, whether legal or illegal, cannot be justified.
May he remind you of Mr President, that the doctrine of the castle as well
called the Castle Law is a legal doctrine that are the domicile of a person or any place legally occupied as a place where the owner or occupier enjoys the right to use force to the death to defend oneself against an educational institution, without being able to incur proceedings legal; and that the Haitian population refuses any violation of its
sovereignty, rejects any foreign military intervention on Haitian soil; you guarantee that every citizen Haitian will invoke his rights to self-defense, individually or collectively against any mercenary invaders.

Good hearer of salvation.

Signed: Guy Philippe;
Former Senator of the Republic of Haiti.

The Editor of Le Tout au Pluriel Magazine.

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