Legislative

Haiti: Senator Benoit Urges End to 200-Day Constitutional Void

PORT-AU-PRINCE, Haiti (defend.ht) – Senator of the Republic, Steven Benoit (Ouest/Alternative) is the latest government official to call on President Michel Martelly to end a running 200 days that Haiti has been operating under a no longer legitimate Constitution.

President Michel Martelly left Haiti in a Constitutional crisis three (3) weeks into his term in office when by presidential decree declared the Constitution of Haiti, recently amended before he took office, marred with errors, declaring that the nation would observe operate under the previous, illegitimate, document.

Senator Benoit says President Martelly established a special commission to confirm the text of the newly amended Constitution, to ensure the document is as voted on by parliamentarians, but the senator laments that having presented the document to the president, its publication is being withheld for reasons unknown:

”The president of the republic established a mixed commission; parliamentarians, civil society, journalists, National Palace executives, so they could work on the recorded video and the minutes of the amendment session and that work has been done, the report has been submitted to the presidents, I’m speaking of Jacinthe (President of the Chamber of Deputies), Joazile (President of the Senate) and Martelly – they all have the document in their hands and the RNDDH (National Network for the Defense of Human Rights) went even further to release a comprehensive document that it distributed to all senators, all minister, all secretaries of state, president, prime minister, deputies, and both offices of both houses (of parliament) and it says exactly the same thing that the report of the mixed commission says and it has been out for almost 6 months in the press...”

Senator Steven Benoit
12.19.11 | Vision2000

”There is no reason why the president has not published the amendments.”

The Senator of the Ouest Department explained also the major problems of governing that are alleviated with the publishing of the Constitution.

”The good news is, if the amendments are published the problems with the elections will be resolved because we will have an electoral council that is permanent, the Diaspora that has been fighting for 40 years for multi-nationality … a many series of innovations that the population has been asking for for a long time, such as a constitutional council I’m sure one of the much better gifts President Martelly can give the population is if he publishes the constitutional amendments.”

The National Network for the Defense of Human Rights (RNDDH) published a comprehensive report to the public presenting the previous constitution, proposed amendments and amendments accepted by parliamentarians in sessions held on May 8th and 9th. Like many other actors in the public and private sector, the RNDDH recommended that the president publish the constitutional amendments as soon as possible.

Notable Constitutional Amendments
ARTICLE 12 - 15: Every Haitian is subject to all rights, duties and obiligations attached to their nationality. Multiple nationality is acceptable with the amendment to these articles.
ARTICLE 17.1 and 31.1.1: The amendments to these articles aim to increase the participation of women in government. They hold the government to have at least 30% of its seats held by women.
ARTICLE 184.2: The establishment of the Supreme Judiciary Council in the Magistrates to exercise a right of supervision and discipline.
ARTICLE 190: The establishment of the Constitutional Council composed of nine (9) members. Responsible for ensuring the constitutionality of laws. It is therefore necessary to regulatory authorities may prevent the abuse of power, adoption and enforcement of laws unconstitutional and arbitrary measures public authorities.
ARTICLE 253.1: Involves the state and its institutions in the recovery ecological and environmental balance.
ARTICLE 285: Installation of the Permanent Electoral Council (CEP) and the Higher Council of the Judiciary (CSPJ) three (3) months after the return in force of the amended Constitution.

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