The Federation of Bar of Haiti (FBH) takes note of the political agreement, dated February 6, 2016, between the two branches of Parliament and the Executive https://www.haitilibre.com/en/news-16533-haiti-politic-the-details-of-the-agreement-from-a-to-z.html in order to avoid an institutional vacuum, but also notes that, contrary to Article 59 of the Constitution, the judiciary is not involved, as one of three custodians powers of national sovereignty.

FBH invites to rectify this approach to prevent a worsening of the political crisis, stressing that any attempt to confiscation of national sovereignty by one of the powers of the state and the lack of consensus with the players involved in the crisis can not in any way promote sustainable solution of stability and serenity.

In another vein, the FBH draws attention to the dangers of the call for candidates of the bicameral Commission Special of Parliament for the position of interim President of the Republic https://www.haitilibre.com/en/news-16565-haiti-flash-call-for-candidacy-for-the-position-of-president-of-the-republic-ai.html in that it comprises at least 5 violations :

1- Violation of the deadline:

The agreement of 6 February 2016 provides for a period of 5 calendar days for the application submission while the call for applicants document made public in the evening of 9 February 2016, reduces the time to about 48 hours, including Wednesday, February 10, 2016 declared public holiday and due to expire Friday, February 12, 2016 at 11 a.m.;

2. Violation of the principle of exclusivity of the process:

The conditions set pur a side of potential candidates who do not have time to gather the required documents;

3. Violation of the principle of freedom of association:

By formulating that any candidate must be endorsed by a political party or grouping having at least one elected Parliament, freedom of association is transformed into duty of association and excludes from the political life the independent;

4. Violation of the principle of equal opportunities and non-cumulation of mandate:

Possible candidates members of the National Assembly will be favored since voters are their peers and if elected of one of them the result would be to a confusion of executive and legislative powers;

5. Violation of the principle of legality contributions and taxes:

Requiring an amount of 500,000 gourdes for the admissibility of applications without a law provides it, the National Assembly can not claim to replace the CEP, much less justify the imposition of that amount waving the 2015 electoral decree which is not applicable. And such amount convert the universal suffrage into census suffrage ; what constitutes a restoration of an anti-democratic electoral system.

Once again, the Federation calls to draw inspiration from the Constitution and the general principles of law for a solution that will contribute to a return to legality.

HL/ HaitiLibre