CONSTITUTIONAL AMENDMENTS AFFECTING THE PRESIDENT, SENATORS AND DEPUTIES
(Defend Haiti) - By Samuel Maxime
PORT-AU-PRINCE - Anyone who is not Haitian and not born in Haiti cannot be a Deputy, Senator or President, and this is reaffirmed in the Constitution of 2011. Also, the terms of all three of these posts remain the same and with more strict language, even to shortening the term of President Michel Martelly. The process was initiated by former President Rene Preval. This amendment was proposed by the 48th Legislature and accepted by the 49th Legislature.
The changes to ARTICLE 90.1 bind deputies to the terms of their mandate. Deputies often have their terms extended as elections permit. This change makes it imperative to hold timely elections or risk losing legislative functionality in the commune.
This is ARTICLE 90.1 in 1987:
Deputies are elected by an absolute majority of votes cast in the Primary Assemblies, according to the conditions and in the manner prescribed by the Electoral Law.
Today ARTICLE 90.1 reads:
The election of a Deputy is the last Sunday of the month of October in the fourth year of his mandate. He is elected by an absolute majority of the votes cast in electoral assemblies through valid votes in accordance with the election law.
Although multiple nationalities are allowed in this Constitution, it is not acceptable for one aspiring to be a Senator or Deputy.
ARTICLE 91-1 which once read:
To be elected as a member of the House of Deputies, a person must:
1. Be a native Haitian and have never renounced his nationality;
ARTICLE 91-1 now says:
To be elected a member of the House of Deputies, a person must:
1) Be of Haitian origin, has never renounced Haitian nationality and not holding any other nationality at the time of registration
Same thing for Senators but now the time spent in a particular department is decreased by a year.
ARTICLE 96-1, 96-4 which once read:
To be elected to the Senate, a person must:
1. Be a native-born Haitian and never have renounced his nationality;
2. Have resided in the Department he will represent, at least four (4) consecutive years prior to the date of the elections;
ARTICLE 96-1, 96-4 now says:
To be elected senator, you must:
1) Be of Haitian origin, never renounced Haitian nationality and do hold any other nationality the time of registration;
2) Have resided in the department to represent at least three (3) consecutive years preceding the date of elections;
The terms of Deputies and Senators have not changed, and neither has their eligibility for reelection.
ARTICLES 92 and 95 read and have always read:
ARTICLE 92:
Deputies are elected for four (4) years and are re-elected indefinitely.
ARTICLE 95:
Senators are elected for six (6) years and indefinitely re-elected.
CHANGES FOR THE PRESIDENT
The changes made to ARTICLE 134 sections 134.1 and 134.2 sets the day of inauguration as February 7. It has always been February 7, because it was February 7th, 1986 that Duvalier fled from Haiti.
It had been changed to May 14 because of the presidential election of 2005 when former President Rene Preval and candidate Charles Henri Baker challenged the vote count for 5 months into May 2006, when it was finally resolved and he, Preval, was inaugurated.
The language in this Constitution aims to not allow the inauguration date to be moved and it explicitly states February 7 throughout the sections. A new president of Haiti should be inaugurated on February 7, 2016.
ARTICLES 134-1, 134-2 which once read:
ARTICLE 134-1:
The term of the President is five (5) years. This term begins and ends on February 7 following the date of the elections.
ARTICLE 134-2:
The Presidential election shall take place the last Sunday of November in the fifth year of the President's term.
ARTICLES 134-1, 134-2 now say:
Article 134.1:
The term of office for President is five (5) years. This period begins and ends on 7 February following the election date.
Article 134.2:
The presidential election is held on the last Sunday of October in the fifth year of Presidential office. The President elect shall depend on February 7 following the date of his election. If the poll takes place before February 7, the President-elect takes office immediately after the validation of election and his term is supposed to have started on February 7 of the Year the election.
As for the Deputies and Senators, the aspiring President can not hold multiple nationalities.
ARTICLE 135-a: before:
To be elected President of the Republic of Haiti, a candidate must:
a. Be a native-born Haitian and never have renounced Haitian nationality;
ARTICLE 135-a: after:
To be elected President of the Republic of Haiti, a candidate must:
a. Be a native-born Haitian, never have renounced Haitian nationality and not hold any other nationality at the time of registration;
Proving how out dated the Constitution of 1987 was, ARTICLE 285 is finally removed in 2011.
ARTICLE 285:
The National Council of Government shall remain in operation up to February 7,1988, the date of the investiture of the President of the Republic elected under this Constitution, in accordance with the electoral timetable.
ARTICLE 285-1:
The National Council of Government is authorized to issue in the Council of Ministers, pursuant to the Constitution, decrees having the force of law until the Deputies and Senators elected under this Constitution take up their duties.
No comments:
Post a Comment