REFLEXIONS OF CONCERNED CITIZENS

eddydel al eu@hotmail.co m saintchaz1@hotmail .com jeanhcharl es@ aol.com jeanlt212@yahoo.com

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Ption 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 rough 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 7th 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 satisfies 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.

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:
1- 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 article 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 7th 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.
2- The second issue is how to convince all the stakeholders in regards to several 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.
3- 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. The choice in any case should be one
guaranteeing a time frame long enough that will assure a template of real changes.
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?

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 rebirthing of a
vibrant Haiti before it is too late!

Dr. Jean Thagne

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2015 Presidential Candidate

Member G-30

Dr. Paul Edouard Eddy Delaleu

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2015 Presidential Candidate

FORCE DMOCRATIQUE HAITIEN INTGR

Me. Jean Herv Charles

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2015 Presidential Candidate

Member G-30

M. Saintfard C. Charles
Affaires Politiques
FORCE DMOCRATIQUE HAITIEN INTGR

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