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REFLEXIONS OF CONCERNED CITIZENS

4-622-9863 • 3-120- 7970 • 3-676-9408 • 3- 130-3111

Pétion Ville, February 1, 2016

A memorandum for the OAS to facilitate its understanding of the Haitian political imbroglio

The Haitian nation is facing today a crucial period in its history. It must overcome a political transition marred with controversy widely published in which the sorting president cannot transfer power to an incoming president as prescribed in the 1987 Constitution.

This situation is due to the fact that the last Legislative elections, that were held on August 9 and October 25, 2015 by all accounts, are filled with frauds and irregularities. These elections are contested by a large part of the population, political party leaders, professional organizations, popular organizations etc. As such their conclusion could not be achieved by the CEP in an orderly fashion to determine the true winners of the balloting process . As a consequence, the CEP rushed to publish a rou gh and ready result of the legislative elections to assure the installation of a Parliament with its contested newly fraudulently elected members taking office illegally on Sunday January 10, 2016, one day prior the Constitution prescribed date of January 11 (Second Monday of the month of January).

As far as the Presidential elections held on October 25, 2015, more frauds were reported, causing again heated reactions from the population and political party leaders along with different political and civil groups of the society.

The 1987 Haitian Constitution as well as the contested 1987 Amended Constitution prescribed a date certain, February 7 th of each fifth year following a presidential swearing in for the transfer of power from one president to another. However during the five years of the presidency of Michel Martelly several Legislative and Mayoral elections did not take place aggravating further the political imbroglio.

Haiti has a reputation of winner take all since its creation, the culture of mediation and negotiation did not take root to facilitate a win/win solution. The international organizations: the United Nations, the OAS as well as the CARICOM have a low credibility gap in Haiti because of poor performance by the former or/ and meddling that frustrate the dignity of the citizens of the First Black republic in the Hemisphere . OAS invitation by President Michel Martelly to facilitate a resolution of the political imbroglio is stained with controversy, the leaders on the opposition side have no faith in the negotiator nor will the sorting president in finding a solution that satisf ies the desiderata of the Haitian population. Today however, the signers of this memorandum believe that together with a just grasp of the situation we can change this perception. The success of the negotiation team as we see it should result in convincing the opposition leaders as well as the Haitian population that we are dealing this time with another OAS currently led by its chairman, Sir Ronald Sanders that has the integrity and the love at heart for the true interests of the nation. Mr. Sanders and the OAS team must understand that we are dealing with a quasi revolutionary period in Haiti where the majority of the leaders along with the population believe that there must be a radical change in the way business is conducted in Haiti.

leaders along with the population believe that there must be a radical change in the way
leaders along with the population believe that there must be a radical change in the way

The government in place along with the international group believes it is only a matter of election for which the process must find finality. Here is the chasm between the two entities. Is it possible to have a OAS convincing the international community that Haiti de facto apartheid country can and must usher into a democratic nation where the needs in sane institutions and adequate infrastructures is spread for most?

These are the following issues:

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This Transition must lead to a government that sets Haiti in the right orbit of development. To do so the negotiating team must inspire from the Constitution of 1987 in its ar ticle 149 that reads as follows: In case of vacancy of the Presidency of the Republic for any reason whatsoever, the President of the Court of Cassation of the Republic or, in his absence, the Vice -President of the Court or, failing this, the judge the oldest and so on in order of seniority, is invested temporarily with the office of President of the Republic by the National Assembly duly convened by the Prime Minister. The ballot for the election of a new President for a new term of five (5) years has held forty-five (45) days and ninety (90) days after the opening of the vacancy, in accordance with the Constitution and the Electoral Law.”

Article 149 basically calls for the President of the Court of Cassation to be invested in the office of the Presidency in case there is a vacuum of executive power. It is true however that the Amended Constitution of 1987 (amended in 2011) called for the President of the Parliament to assume the office of the presidency in case by February 7 th an elected President has not been chosen. But the amended Constitution in Article 284.2 clearly states: “The amendment passed may enter into force only after the installation of the next elected President. In no case the President under the Government that the amendment has taken place cannot enjoy the benefits that result from it”. Consequently at this time the Constitution of 1987 still holds the President of the Court of Cassation must assume power in case of absence of an elected president but still raises the issues

of a National Assembly that should be convened by the Prime Minister.

Again another imbroglio

to resolve if not to scrap it all and start from scratch with the President of the Court of Cassation

who is the only individual representing the only Institution which is closer to the Constitution of

1987.

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The second issue is how to convince all the stakeholders in regards to se veral proposals that have been put on the table that called for one headed Transition Government led by the President of the Court of Cassation or for a Counsel of Government made of the President of the Court of Cassation, the President of the Parliament and a designated member of all the political candidates (one who will accept not to present him or herself in the next election). This proposition has the advantage of respecting the concept of the three powers balancing each other for the benefit of democracy and the population.

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The third issue is how long the political transition will last. The sorting government and the

international community call for a short transition while the opposition would prefer a long transition of at least 24 months to put in place structural mechanisms to construct a nation that has

been a failed one at least for the past sixty (60) years.

guaranteeing a time frame long enough that will assure a template of real changes.

The choice in any case should be one

Where the OAS will stand? Will it facilitate the incubation of a legal, just and friendly transitional government for the Haitian population? Or will it facilitate the same template of more things change the more they remain the same?

for the Haitian population? Or will it facilitate the same template of more things change the
for the Haitian population? Or will it facilitate the same template of more things change the

Haiti has been for a long time the Waterloo of not only great powers but as well of great institutions and great leaders, commencing with Napoleon Bonaparte. For the OAS and the Chairman Mr. Ronald Sanders of the negotiating team to apprehend the whole situation and succeed the Haitian political imbroglio they must use the wisdom of Solomon that hear profoundly the voice of 9 million Haitian people (out of 10 million) that vegetate in complete desuetude amongst the indolence and the insouciance of a ruling government allied with a well off class that believes the mass can live indefinitely in misery without revolt or a revolution.

We the signers of this memorandum on behalf of those we represent remind the Chair and the OAS that their mission even seen as controversial is the last chance for this institution to facilitate the re birthing of a vibrant Haiti before it is too late!

Dr. Jean Théagène

2015 Presidential Candidate

Member G-30

Dr. Paul Edouard Eddy Delaleu

2015 Presidential Candidate

FORCE DÉMOCRATIQUE HAITIEN INTÉGRÉ

Me. Jean Hervé Charles

2015 Presidential Candidate

Member G-30

M. Saintfard C. Charles

Affaires Politiques FORCE DÉMOCRATIQUE HAITIEN INTÉGRÉ

2015 Presidential Candidate Member G-30 M. Saintfard C. Charles Affaires Politiques FORCE DÉMOCRATIQUE HAITIEN INTÉGRÉ
2015 Presidential Candidate Member G-30 M. Saintfard C. Charles Affaires Politiques FORCE DÉMOCRATIQUE HAITIEN INTÉGRÉ
2015 Presidential Candidate Member G-30 M. Saintfard C. Charles Affaires Politiques FORCE DÉMOCRATIQUE HAITIEN INTÉGRÉ
2015 Presidential Candidate Member G-30 M. Saintfard C. Charles Affaires Politiques FORCE DÉMOCRATIQUE HAITIEN INTÉGRÉ
2015 Presidential Candidate Member G-30 M. Saintfard C. Charles Affaires Politiques FORCE DÉMOCRATIQUE HAITIEN INTÉGRÉ