Wednesday, June 27, 2012

ARTICLE - DESIGNATIONS FOR NEW CEP

THE DESIGNATION OF 3 MEMBERS OF PARLIAMENT FOR THE NEW CEP PROMISES TO BE DIFFICULT
(Haiti Libre) -

Levaillant Louis-Jeune, the President of the Lower House, who promotes a consensus, eagerly awaits the installation of the Superior Council of Judicial Power (CSPJ) and the signal of the Executive, to begin the process for the designation of 2 of 3 members of Parliament, to sit on the new Permanent Electoral Council (CEP). For his part, Senator Jean William Jeanty declared that there is no legal or juridicial response to the designation by the Senate of the third member of the CEP, and that he already provides a strong opposition in the Senate to this process.

Concerning the position of President of the Chamber of Deputies, Levaillant Louis-Jeune declared "[...] We expect the signal of the Executive, so that in the best time the CSPJ be installed, because it is the CSPJ who must make the choice of 3 persons to represent the judiciary in the new CEP. Then the Parliament must designate 3 representatives, and the Executive, also 3 [under Article 192 of the Constitution]

Therefore, we expect the signal of the Executive by the installation of the CSPJ and that it make arrangements to invite other powers to designate their 3 representatives each, to compose the Permanent Electoral Council, which will allow us to address the issue of elections, to be held before the end of the year [...] if we want to say that we are democrats, there is a way to make democracy; we proceed by consensus [...] if we put our egos and our personal interests aside, we have a consensus.

In the agreement that was found between the Senate and the Chamber of Deputies, it was agreed that the Senate will designate a person [by a majority vote of two thirds of the senators] and the Chamber of Deputies, will designate two people [by a majority vote of two thirds of members]

There is a difficulty in the Senate, that senators have not created themselves, because elections were not made ​​on time. There are 20 senators who, as 'grand moun', (adults), will have to find a consensus to designate someone who will integrate the Permanent Council.

The advice that I want to send is to reach an agreement in the country on the profile of those who will integrate the CEP; I am all for that. In the Chamber of Deputies, I'll make arrangements, with all of my colleagues, so that we can find people in civil society who have profiles that can ensure transparency and credible elections. We must get away from the scheme where everyone tries to put one of his own [...] it is necessary to put credit to this institution [....] This is why I invite other powers, the Executive and the Judiciary, so they make the choice of credible people, which inspires confidence in the society, so that the first Permanent Electoral Council is not decried..."

Contrary to a certain openness of the President of the Lower House in this process of appointing members of the Permanent Electoral Council, Senator Jean William Jeanty is much less constructive, saying "[...] Elections can not be made ​​with the amended Constitution, because it requires that there are two thirds of each House to choose the members of the CEP representing Parliament, and there are already 11 to 12 senators who said they are against it... [...]

The amendments say that 3 months after the publication, the Permanent Electoral Council, is supposed to come into force [...] the solution must now be a political solution, there is no legal response or juridical to this situation. It is a political solution, a political mobilization of all forces, of all people who believe in democracy and who are against dictatorship, because somewhere, that's what it is, .... and who gave birth to authoritarian power, .... it is a power that can now install any Prime Minister, and we have no power of control over it,.... what kind of power is this? We can not say that we are making a democracy [...]"

Article 192 now reads as follow :
"The Permanent Electoral Council is composed of nine (9) members selected as follows :
1. three (3) are selected by the Executive;
2. three (3) are selected by the Supreme Council of Judicial Power;
3. three (3) are selected by the National Assembly with a majority of two thirds of each House."

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