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Michel Martelly signs end of term accord

Samuel Maxime


PORT-AU-PRINCE, Haiti (sentinel.ht) – On Saturday, February 6, 2016, President Michel Martelly and the President of the Senate and Chamber of Deputies, Jocelerme Privert and Cholzer Chancy, respectively, signed an accord to give the president and honorable exit. In return, the 50th Legislature, brought by the very elections as the center of the crisis, would receive some semblance of legitimacy.

The Tet Kale power was brought to its end without a successor and the opposition produced many propositions for resolving the crisis. Rather than supporting a forum towards bringing a unified vision for Haiti, the U.S. Ambassador supported dialogue the outgoing president was having that did not bring the political actors necessary to resolving the crisis to the table.

The accord signed Saturday was one held with the presidents Jocelerme Privert and Cholzer Chancy. The two presided over the Parliament that was the product of Pierre Louis Opont, the former President of the Provisional Electoral Council (CEP), and President Michel Martelly’s 2015 elections. 92% of tally sheets were found to have consisted of irregularities suggesting a massive fraud operation. The confidence that the declared victors of these elections could, with the embattled president, Michel Martelly, pull Haiti out of the crisis diminished long ago..

The Opont-Martelly parliament has a majority that are party, partisan and ally to Michel Martelly and it is with this group, not opposition or moderates, that President Martelly dialogued with and then signed an accord with. He did this at the National Palace on the eve of his last day in office.

The Opont-Martelly parliament would elect a provisional president to replace Michel Martelly when his mandate ends. This provisional president would undertake steps towards “continuing” the elections. The accord requires the inauguration of a newly elected president on May 14, 2016.

The text of the agreement:

“Political agreement for institutional continuity at the end of the mandate of President of the Republic in the absence of an elected president and for the furthering of the electoral process begun in 2015”

Having regard to Articles 92, 92-1, 95, 95-1, 98, 98-3, 118, 134-1, 134-2, 134-3, 149, 149-1 of the Constitution amended in 1987;

Having regard to Article 134-1 of the 1987 amended Constitution enshrining the end of the five-year President of the Republic on February 7 of the 5th year of its mandate;

Having regard to Article 134-3 of the 1987 amended Constitution with the President of the Republic can not benefit from any term extension;

Considering the commitment of all stakeholders in the process to find a Haitian solution along the lines of the higher interests of the Haitian people, preservation of acquired democratic and consolidation of national cohesion;

Considering the urgency to reassure and inspire more confidence to all stakeholders involved in the electoral process;

Considering the failure of the provisional electoral Council (CEP) and the need to reinvigorate it in to continue the electoral process Considering the end of the mandate of the President of the Republic February 7, 2016;

Considering the requirement for two (2) state powers, co-depositors of national sovereignty, to find a Haitian solution to ensure continuity of the State on the basis of constitutional provisions by seeking a broad consensus of all forces of the nation, taking into account the exceptional situation;

Considering that it is imperative to reach agreement between state political powers to create conditions of stability and social peace; Considering the inauguration of parliamentarians of the 50th legislature;

Considering that instead of setting up a government with confidence Parliament After consultation initiated by the president with the presidents of two (2) rooms, REPRESENTATIVES OF TWO (2) POLITICAL POWERS, CO-TRUSTEES OF NATIONAL SOVEREIGNTY, HAVE COMMITTED TO BE IMPLEMENTED AS FOLLOWS:

I. The departure of the President on February 7, 2016

  • 1. The President of the Republic, in front of the National Assembly made ​​an address to the nation regarding the end of his term and his departure from power on February 7, 2016. It inform Parliament, as co-custodian of national sovereignty, the vacuum caused by the situation in the executive branch.
  • 2. The President of the National Assembly, by a responsive message said note of the message of the President of the Republic and observed the presidential vacuum causing the malfunction of the executive power.
  • 3. The vacuum once found, the President of the National Assembly support the Prime Minister in office of the management of current affairs and announces the election by the National Assembly of a Provisional President.
  • 4. The President of the National Assembly took the opportunity to inform the holding within a period not exceeding five (5) calendar days of the presidential election by the National Assembly to fill the void.
  • 5. A bicameral committee is immediately created to define and trace the procedure for the realization of these electoral contests that have to be honest and transparent inclusive.
  • 6. The election of the interim president will take place 48 hours after the close of registration.
  • 7. The mandate of the temporary President is up to 120 days from the date of installation. Where appropriate the National Assembly shall take the necessary arrangements.

II. The Provisional President of the Republic

  • 1. To enter into consultation with the main political parties represented in Parliament, non-political groups represented in Parliament and civil society to gather personalities name proposals with the skills and qualities to the office of Prime Minister.
  • 2. To consult with the Presidents of the two (2) Houses of Parliament over the choice of a prime minister to designer.

III. Of Parliament

  • 1. To confirm eligibility of Prime Minister designated consensus.
  • 2. To invite the Prime Minister, accompanied by members of his government to stand by before the two (2) rooms in plenary session in order to receive the vote of confidence in his policy statement. Once obtained the vote of confidence, the Prime Minister is immediately installed in his functions.

IV. The revitalization of the Provisional Electoral Council (CEP)

  • 1. Convening at the initiative of the temporary President of the sectors that have sent representatives to the previous Provisional Electoral Council (CEP) in order to confirm or appoint new members to the resumption of activities at CEP within n ‘exceeding 72 hours.
  • 2. Publication of the Presidential decree of appointment of new members of the CEP.

V. The continuation of the electoral process initiated in 2015

  • 1. Relaunch by the CEP of the electoral process after evaluation of steps already taken:
    • a) Implementation of the technical recommendations of the Independent Commission electoral assessment.
    • b) Completion and announcement of the results of the municipal elections. elections
  • 2. Organization of the second round of the presidential election, by-elections and local elections (April 24, 2016).
  • 3. Announcement of final results (6 May 2016).
  • 4. Installation of the elected President of the Republic (14 May 2016).

Done in good faith to Port-au-Prince, February 5, 2016, three (3) originals. The President of the Republic Michel Joseph Martelly President of the Senate of the Republic Jocelerme Privert the President of the Chamber of Deputies Cholzer Chancy

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About The Author

Samuel Maxime is a Haitian-born citizen living in the United States. He founded The Haiti Sentinel to bring Haitian issues to an English language audience.