[CORBETTLIST] 43692: leiderman: haitian governance: text of presidential crisis commission report
- From: "Moderator" <moderator@xxxxxxxxxxxxxxxx>
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- Date: Thu, 11 Dec 2014 16:03:52 -0700
Subject: leiderman: haitian governance: text of presidential crisis
commission report
From: leiderman@xxxxxxxxxxxxxx
Stuart Leiderman leiderman@xxxxxxxxxxxxxx
Subject: leiderman: haitian governance: text of presidential crisis
commission report
Below, Google-translation of the French-language text of the presidential
crisis commission, as posted at
http://www.haitilibre.com/docs/Rapport-Final-de-La-Commission-Consultative-Presidentielle.pdf
and summarized at
http://www.haitilibre.com/en/news-12697-haiti-politic-the-commission-gives-8-days-to-the-prime-minister-to-resign.html
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http://www.haitilibre.com/en/news-12697-haiti-politic-the-commission-gives-8-days-to-the-prime-minister-to-resign.html
Haiti - Politic : The Commission gives 8 days to the Prime Minister to
resign 10/12/2014 09:21:20
Tuesday, President Michel Martelly, in the presence of some members of the
Government and the international community has officially received the
report of the Presidential Consultative Commission. The Commissioners
Réginald Boulos, Ogé Beauvoir, Evans Paul, Patrick Aris and Chavannes
Jeune have in turn explained the Commission's procedures who proposed to
the Head of State a roadmap.
For his part, while welcoming the efforts of Commissioners during these 8
days, the Head of State acknowledged receipt of the document and promised
to react within at most 72 hours "Certainly, I can not promise anything
for that specific minute, but by Friday, I will have a message to the
Nation."
Reacting to the report Jacques Stevenson Thimoléon, President of the Lower
Chamber recalls that the Presidential Consultative Commission enjoys no
Republican legitimacy and that its recommendations can not linked in any
way the great powers of the state. In this Commission can not replace the
parliament nor the Superior Council of the Judiciary (CSPJ) or the Prime
Minister.
For his part, Senator Jean Baptiste Bien-Aimé (North East) member of G6,
while acknowledging that the Commission has taken into account some of the
demands, regrets that the resignation of the head of state is not in the
Commission solution.
But beyond the views of each other, for or against this solution, the
implementation schedule of this possible solution proposed by the
Commission, is all the more surprising if not utopian within the proposed
schedule.
We leave you to judge by yourself:
Extract of the implementation schedule of the solution :
11 -17 December 2014 :
The Commission hand its report to the President of the Republic ;
Resignation of the Prime Minister and the President of the CSPJ ;
Consultation on the establishment of a new CEP ; Consultation
with the President of the Republic with the two presidents of
Chambers on the appointment of a new Prime Minister ; Meeting of
the President of the Republic with political parties represented
in Parliament ; Start of negotiations between the President of
the Republic and the political components ; Appointment of a new
Prime Minister ; Convening of the Chamber of Deputies to the
extraordinary ;
17-24 December 2014 :
Signature of consensus pact between the President and political
parties ; Resignation of the CEP ; Consultation on the
establishment of a new CEP ; Vote of Confidence of the general
policy ; Installation of ministers of the consensus government ;
Vote on amendments to the electoral law by the Senate and
transmission to the lower house ; Ratification of Ambassadors by
the Senate ; Adoption and publication of the electoral law ;
Appointment of the Provisional Electoral Council.
Download the full report of the Commission (PDF) (French) :
http://www.haitilibre.com/docs/Rapport-Final-de-La-Commission-Consultative-Presidentielle.pdf
HL/ HaitiLibre
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RECOMMENDATIONS OF THE ADVISORY BOARD 8 December 2014 2 | P a g e Summary
A. Background B. The findings crisis resolution framework 1. Nature of the
crisis and the solution 2. General Objective 3. Specific objectives 4.
Implementation Period C. 1. The proposed solution measures appeasement 2.
The economic measures 3. structural measures 4. patriotic sacrifices 5.
Implementation schedule 3 | P a g e INTRODUCTION The following four
elements constitute the scope of this document:
ThePresidential Order dated 28 November 2014 establishing the "Advisory
Board".
mission and mandate to the Advisory Committee are: "to identify the most
credible The results of thesolution in the eyes of the nation, for a
crisis."
consultations conducted by the President of the Republic with the various
sectors of national life between September 22 and November 24, 2014 is the
main basis for work The work of the Commission between 1st and 8th
December 2014.of the Commission.
A. FINDINGS OF THE COMMISSION 1. The non-renewal of political staff of the
legislature and local authorities in a timely manner by the constitution
led to operation lame of state institutions over the past two years. 2.
The postponement of the elections originally scheduled for October 2014
raised the specter of a malfunction of Parliament with effect from 12
January 2015. 3. The loss of legitimacy and credibility of the Superior
Council of the Judicial Branch (Supreme Council) following challenges to
the procedure for appointment of some judges to the Supreme Court,
including the Chairman. 4. The denunciation by political opposition
parties and human rights organizations of arbitrary detention of many
citizens treated as "political prisoners". 5. The deterioration of living
conditions of disadvantaged intensified in recent days by a depreciation
of the domestic currency. 6. The intensification and amplification of
street protests reflect a growing discontent among the population. 7. In
the opinion of several sectors interested in the electoral issue,
non-holding of elections in October 2014 leads to the lapse of the current
CEP. 8. The establishment of cartels interim executive officers and
appointment of judges supporters are treated as the executive control over
the judiciary and local authorities in view of the forthcoming elections.
9. The perception of politicization of the Haitian National Police (HNP)
creates distrust and doubts about the possibility of holding the country
for democratic elections, free, fair and inclusive. 4 | P a g e 10. The
Prime Minister expressed to the Commission its willingness to contribute
to the resolution of the current pre-electoral crisis by resigning from
his post at the express request of the Head of State. 11.La current
pre-electoral crisis has connotations of both cyclical and structural. A
solution to be sustainable must touch simultaneously cyclical aspects and
structural aspects. B. FRAMEWORK RESOLUTION OF THE CRISIS 1. Nature of the
crisis and nature of the solution, the country is facing an economic and
structural crisis. Each group tends to favor the solution (cyclical or
structural) according to their particular interests. The practice of
non-compliance with the word given by each other for decades has helped to
create a climate of distrust almost generalized in the population and the
political forces. What makes arduous and difficult to find consensus on
the general interest. To have the best chance of success, the proposed
solution must be rational, effective and acceptable to the different areas
of the country, taking into account the necessary collaboration between
the three (3) branches of government. "The most credible solution to the
nation's eyes" should be one that gives stability to the three (3)
branches of government to ensure social peace and serve the people of
Haiti General Objective 2. In light of the above findings, the Commission
believes that to avoid a worsening of the current situation, "the most
credible solution to the crisis" should allow a return, within a
reasonable time, to constitutional normalcy and functioning democratic and
republican institutions. 3. Specific objectives The specific objectives of
the solution proposed by the Committee are to: a) Establish a permanent
dialogue between the three (3) branches of government, especially between
the executive and the legislature. b) Allow a historic compromise between
political forces that favor the elections as a means of gaining power. 5 |
P a g e c) To form a consensus government with the political, especially
those represented in parliament. d) Create a climate for holding inclusive
elections, credible and sincere. e) Restoring public confidence in the
judiciary and the police force. 4. Implementation period of the proposed
solution degradation politico-social environment requires several calming
measures and recovery before Christmas. It is therefore imperative to find
a political compromise before the date of January 12, 2015. C. THE
PROPOSED SOLUTION With all these considerations, the Commission has
identified a solution as "the most credible in the eyes of the nation." It
is based on this principle emanated from our culture and our wisdom
"boukannen tanned bouyi". The solution comes in the form of the following
terms and schedule and focuses on calming measures of economic measures,
structural measures and patriotic sacrifices. These four (4) elements
constitute a whole. 1. Measures calming calming measures are intended to
demonstrate the will of three (3) powers of the state to reduce tensions
which now divide the nation. They include: a) immediate release, across
the country, "political prisoners" who have not been to date brought
before a judge and a decree pardoning all those who are already engaged in
a legal proceedings; b) The resignation of the Prime Minister and his
government. The resignation opens the way to the President of the Republic
to start negotiations for the designation as quickly, a new Prime Minister
and the formation of a government of consensus; c) The resignation of the
President of the Superior Council of the Judiciary (Supreme Council); d)
The resignation of members of the Provisional Electoral Council (CEP).
This patriotic gesture should allow the formation of a new CEP. 6 | P a g
e e) The adoption of a truce by the various political, thus creating the
climate of dialogue. f) The organization of a meeting between the
President of the Republic and the Presidents of the two bedrooms in the
context of the assessment and the implementation of this solution. 2.
Measures cyclical economic measures are intended to provide for the
recovery of the proper functioning of state powers. They include: a. The
appointment of the Prime Minister and the formation of consensus
government, from negotiations between the President of the Republic and
the political, including those of the opposition; b. The convening of the
Chamber of Deputies in extraordinary session on a specific agenda,
including among others: the vote of the amendments to the Electoral Act
2013 and the adoption of the policy statement of the new government. c. A
political agreement to achieve good inclusive elections and harmonize the
electoral time the constitutional time; d. The establishment of the
Provisional Electoral Council (CEP) in the spirit of Article 289 of the
Constitution of 1987, whose mission is to hold early parliamentary
elections and local government, and presidential elections, the last
Sunday of the month of October 2015. This approach aims to restore the
functioning of democratic institutions. 3. Structural Measures: Structural
measures are designed to break down the barriers that are for more than
twenty-five (25) years an obstacle to stability and governability of the
country. They will be conducted by the Government of Consensus. They
include: a) The convocation of the States General of the Nation to
establish a National Pact Patriotic which should include: i) A protocol of
good governance on the rationalization of public management and
moralization of the functioning of public institutions. ii) A protocol for
growth and competitiveness in order to create sustainable jobs, promotion
and protection of domestic production and reducing poverty; 7 | P a g e
iii) A Constitutional revision protocol that will define the framework
within which to operate if the amendments of the constitution. In any
case, the Chairman will benefit from these possible amendments. b) The
necessary reforms in the judiciary to restore the confidence of all
citizens in the system. These reforms must pass through the reconstitution
of the Supreme Council and the establishment of an evaluation process
nonpartisan judges of the judicial system. c) Strengthening the Superior
Court of Auditors in its mission of monitoring and auditing of public
institutions. Structural measures can not be implemented until after the
implementation of economic measures. 4. patriotic sacrifices Applying this
solution requires all actors sacrifices for a win-win result. There should
be no winners or losers, but rather a commitment to all citizens. The
President of the Republic: Acknowledge that the country is experiencing a
serious situation that requires an act of patriotic greatness even
inviting his political opponents to join the executive and formally
committing to take no decree, except those that would related to elections
during the parliamentary vacuum period. Prime Minister: Understanding
today his resignation is an essential element in the search for peace.
Senators and Deputies: Vote the amended Electoral Act 2013 as well as the
policy statement of the Government of Consensus, from political
negotiations as soon convene a special session. The Chairman of the
Supreme Council: Make a patriotic gesture by offering his resignation to
the President of the Republic to facilitate the resolution of the crisis.
The Electoral Advisors: Despite their good will participate in the
resolution of the crisis by offering their resignation. Of Leaders of
Political Parties: Respect the constitutional legitimacy of the President
of the Republic; Commit to accept this solution at the invitation of the
President of the Republic for negotiation in the 8 | P a g e serenity and
mutual respect and without preconditions or additional conditions other
than those contained in this document. The Haitian people: Recognize that
the situation is serious and that everyone should contribute to building a
more just and equitable society; Recognize that the freedom of passes each
respect for others; Accept only a solution resulting dialogue by Haitians
for Haitians and Haitian bring poverty reduction in the respect of
individual liberties already gained enormous Thesacrifice. 5.
Implementation Schedule for the solution 11 -17 December 2014
Resignation ofCommission shall submit its report to the President of the
Republic
Consultation of thePrime Minister and the President of the Supreme Council
President of the Republic with the two Presidents of Chambers on the
appointment of Meeting of the President of the Republic with the
politicala new Prime Minister
Start of negotiations between the President ofparties represented in
Parliament.
Appointment of a new Prime Minister the Republic and the political
components
Convocation of the Chamber of Deputies to the extraordinary 17-24
December 2014
political ResignationSignature consensus pact between the President and
parties
general policy Vote of Consultation on the establishment of a new CEP
of CEP
Vote amendments to the Installation consensus government ministers
Confidence
Ratification ofelectoral law by the Senate and transmission in the lower
house
Adoption and publication of the electoral law Ambassadors by the Senate
Statement of theAppointment of Provisional Electoral Council January 12,
2015
Head of State on the need to organize the States General of the Nation. 9
| P a g e Organize a church service under the auspices of Religions for
Peace Haiti. Setting in motion of the States General of the Nation by
theFebruary 7, 2015
government of consensus. Done at Port au Prince, December 8, 2015
Odette Roy Fombrun
Mr. Gerard Gourgue
Bishop Patrick Aris Bishop Oge Beauvoir
Pastor Chavannes Jeune
Paul Loulou Chery
Charles Suffrard
Gabriel Fortune Rony Mondestin
Evans Paul
Reginald Boulos
FIN DU TEXTE
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leiderman@xxxxxxxxxxxxxx
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