Executive

Haiti Gov't Believes Elections Possible in 2012

PORT-AU-PRINCE, Haiti (defend.ht) - President Michel Martelly met with officials from the United Nations peacekeeping force, MINUSTAH, and members of the international diplomatic corps to discuss the organization of legislative and local elections, 8 months past due.

The news of last week's meeting was given by the Minister of the Interior, Thierry Mayard-Paul, on Monday, who believes elections, which were supposed to have been held in November of 2011, will be held before the end of 2012.

Minister Thierry Mayard-Paul
07.09.12 | Radio Kiskeya

"For the elections, we have already set up a committee. We have a report, the Prime Minister has a schedule or regular working sessions with the international community."

"A meeting was held Wednesday, or on Tuesday, at the National Palace with the international community, MINUSTAH, the American ambassador, etc. etc."

"It is something that is very serious, it is an issue that is at the top of the government. The Prime Minister is very serious about this, the Minister of the Interior is very serious about this..."

"Elections will be held!" - Thierry Mayard-Paul, Minister of the Interior

Doubts of Elections in 2012

There are many who doubt that elections, credible elections, can be held in 2012.

Firstly, the Constitution of Haiti, ARTICLE 191, requires that elections be conducted only by the Permanent Electoral Council (CEP), a nine member council of members that are appointed for nine years by the three branches of government and may not be removed from office. As of today, the CEP is without members.

Secondly, even after the members of the CEP are chosen, the work of accepting applications for candidacy for 10 senate seats and over 100 municipal seats - perhaps 1,000 applications - and reviewing the applications and announcing the candidates can take up to two months, at best.

Third, the time for campaigning ranges from 3 months, in emergency circumstances such as in 2010 and 5 months under normal circumstances. This amounts to many months.

For these reasons, it is strongly doubted that elections can be held before the end of 2012, in 5 months.

Constitution of Haiti
ARTICLE 191:
The Permanent Electoral Council is responsible for organizing and controlling with complete independence all electoral procedures throughout the territory of the Republic until the results of the election are announced.

ARTICLE 191-1:
The Council also drafts the Electoral Bill that it submits to the Executive Branch for the necessary purposes.

ARTICLE 191-2:
The Council sees to it that the electoral lists are kept up-to-date.

ARTICLE 192:
The Permanent Electoral Council consists of nine (9) members chosen from a list of three (3) names proposed by each of the Departmental Assemblies:
3 are chosen by the Executive Branch;
3 are chosen by the Supreme Court;
3 are chosen by the National Assembly.
The above-mentioned organs see to it as far as possible that each of the Departments are represented.

ARTICLE 197:
The Permanent Electoral Council shall rule on all disputes arising either in elections or in the enforcement or the violation of the Electoral Law, subject to any legal prosecution undertaken against an offender or offenders before the courts of competent jurisdiction.

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