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Haiti: Controversy over Electoral Officials Chosen by Judiciary Council

PORT-AU-PRINCE, Haiti (defend.ht) – The Superior Council of the Judicial Power (CSPJ) in Haiti closed its part of the dossier of the Permanent Electoral Council (CEP) and it did not go without incident. The vote, presided by the President of the Cour de Cassation and Chairman of the CSPJ Anel Joseph Alexis, was taken with only four of nine members of the judiciary council present.

Today, Port-au-Prince is up in arms. "The CSPJ voted in its three members to the nine member Permanent Electoral Council without quorum," political actors decry on the airwaves of radio stations nationwide. The decision has no credibility. Or does it?

Although the National Palace, Senators, Deputies and other political actors have all expressed their indignation the five members of the judiciary council, who would be the first disenfranchised, said nothing of the matter. In fact, two members of the CSPJ were intercepted Thursday afternoon as they entered their offices and none were willing to comment to reporters.

All signs point to a walk out if anything. At the meeting there were five of nine council members plus the Chairman, six, present to vote and two walked out, then there were three plus the Chairman, four, left to vote.

They voted names of three Permanent Electoral Councilors that will conduct elections in Haiti for as much as nine years. Fueling controversy, the three election council members handed to the President of the Republic on Tuesday are close associates of the Head of State:

1. Salnave Exantus, a senior official at the National Archives, will be appointed to 3 years on the election council.
2. Yves Benoit Jean Marie, the brother of the Minister of Finance Marie Carmelle Jean Marie, will be appointed to 6 years on the election council.
3. Patrick Metellus, a judge at the Court of Appeals in Port-au-Prince will be appointed to 9 years on the council.

And the dossier of three councilors chosen by the Judiciary is closed.

Walkouts and a Functioning State

Scorched earth politics is how it’s played in Haiti. Honorable Parliamentarians will corrupt and alter the sacred minutes of a vote to amend the Constitution and Senators will arbitrarily decide to not show up for a meeting if the matter of electing the legislative’s members to the Permanent Electoral Council is on the agenda; a threat to a fragile quorum.

The Permanent Electoral Council must be established at all costs in order to ensure the proper functioning of the Haitian government. The Senate in Haiti only has 20 members today because 10 Senators had their terms end in May. There are more than 100 mayors and town commissioners who are still working although their terms ended in December 201l. There were no reelection campaigns, no campaigns at all, because there were no elections in November 2011.

The Judiciary had to submit names to the electoral council even in the face of a walkout. If they don’t, the President of the Republic is forced to make the decision for them. As well, the Haitian Parliament has not submit its names for the CEP despite being given an 8 day due date. So if the Legislature fails to submit its names to the electoral council, the President of the Republic may decide on all three of its members as well. And these members chosen by the President will be on the Permanent Electoral Council.

Some are calling to have a provisional electoral council with members selected by arbitrary means of consensus. This is the way things have been done for 25 years and badly. Every election season has brought violence and fraud. The Constitution requires a Permanent Electoral Council and that is the first step to ending the fraud and violence.

Back to the CSPJ's actions. The CSPJ must be allowed to exercise its judicial independence. Whatever form it takes, if this body decides to take a direction it must be allowed to do so and internally deal with its own matters. Therefore, any controversy over the electoral officials chosen by the CSPJ is fine talk but no action can be taken against it. The case is closed.