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Political

Haiti: Bernard Gousse says Amendments in Effect but Opposes Publishing Constitution

Wednesday, 04 January 2012 12:45

Written by Samuel Maxime

PORT-AU-PRINCE, Haiti (defend.ht) – The former Prime Minister-designate of Michel Martelly, Bernard H. Gousse, believes that the Constitutional amendments are in effect but opposes the publishing of the corrected text in the nation's journal, Le Moniteur, believing a Creole version should have been voted on as well.

Invited to be interviewed on Vision 2000 Radio Wednesday morning, the former Minister of Justice (2004-2006), was asked by Anchorwoman Marie-Lucie Bonhomme his position on publishing the corrected text of the Constitution of Haiti into the nation’s official journal Le Moniteur.

Dr. Gousse believes that the Constitutional amendments are in effect under the Presidency of Michel Martelly, saying:

”…the Constitution says, when you amend the Consitution, when you modify the Constitution, the modifications go into effect with the president that comes after the one who was president when it was voted. Understand?”

”So the person who is president when they voted the modification cannot benefit from the modification it is the president that comes after him that will see the modifications come into effect.”

”This coming into effect, is in ARTICLE 284.2… it doesn’t say which president has to sign off on the Constitution.”

”When a law is voted on in parliament, it must go into effect by the publishing of the law by the President of the Republic. But it is published by the President of the Republic in function, it doesn’t say which president.”

”It simply says, by ARTICLE 284.2 of the Constitution that the amendments cannot go into effect until after the inauguration of the President-elect. In no case the President under the government of which the amendment was held be entitled to its benefits.”

”This means to tell you that the amendments cannot go into effect under President Preval it is under Michel Martelly that these amendments come into effect.”

Anchorwoman Marie Lucie Bonhomme
Former Minister Bernard Gousse
01.04.12 | Vision 2000

Bernard Gousse switch tracks after making the statement and chose to answer the question: “these amendments that the [Parliamentarians] have sent the president, can he publish them?”

Gousse says “no”, the President should not publish the corrected Constitution into the nation’s official journal Le Moniteur. Gousse argues that in 1987, the people of Haiti, through a commission voted on a French text of the Constitution of Haiti and a Creole version of the Constitution of Haiti. Gousse says there were two Constitutions and for this reason, because the 49th Legislature did not vote to amend the Creole version the president should not publish the corrected text of the Constitution voted on May 9th, 2011.

The failed Prime Minister candidate’s argument had been denounced on two grounds by the ranking Senator Steven Benoit (Ouest/Alternative) a week prior. The first denunciation was on the grounds that the Constitution makes no reference to a need of two versions to be voted on. The second was the fact that in 1987, the Creole version was not voted on, only published into Le Monteur as an appendage, issue 36a. The French version that was voted on, was published as 36.

The Constitution of Haiti was proposed to be amended by the 48th Legislature in 2009.

On May 9th, 2011, the 49th Legislature attained quorum and voted to amend the Constitution of Haiti.

Former President Rene Preval published the text given to him by Parliamentarians on May 13th. President Michel Martelly was inaugurated on May 14th.

On June 3rd, President Michel Martelly called for a corrected text of Constitution of Haiti to be published having found that the text published by former President Rene Preval was not in accordance to video tapes of the sessions of May 8th and May 9th when the National Assembly had voted on the amend the Constitution.

Members of the National Assembly say the corrections were made and the presidents of both houses of parliament and secretaries have signed and sent the document to be publish in Le Moniteur.

Haiti is in its 213th day without the Constitution of Haiti published in its official journal.

Constitution of Haiti:

ARTICLE 284.2:
The amendment passed may enter into force until after the next elected President. In no case the President under the government of which the amendment was held not entitled to its benefits.