AYITI AN AKSYON   Position paper regarding the ongoing Haitian crisis Ref.: Meeting for Senator Youri latortue with Mrs. Kelly Kraft, Ambassador of the United States (United   Nations) Date: November 20, 2019

AYITI AN AKSYON

Position paper regarding the ongoing Haitian crisis

Ref.: Meeting for Senator Youri latortue with Mrs. Kelly Kraft, Ambassador of the United States (United   Nations)

Date: November 20, 2019

1-Ayiti An Aksyon (AAA) is a political party of “center-right” ideology.  The party has openly confirmed that it is unable to consider any form of “dialogue” that aims at keeping President Jovenel Moise in office.  The party is by no means against dialogue per se; but it is against dialogue as a delaying manipulative tactic.  

2-Numerous failed conciliatory attempts have afforded the party an educated view of the President’s maneuvers, to launch and stretch talks up until January, at which time he hopes to have demonstrated that his “best efforts” weren’t reciprocated by the opposition; thus legitimizing his putting an end to the talks on or around January of 2019.  

3-His timing is anticipated to conveniently coincide with the second Monday of January 2019, when the President may govern by “decree” (on his own) under the pretext that Parliament is officially dysfunctional from his (President Jovenel Moise) failure to hold elections that were to yield the replacement for the body of elected officials due to step down at such time -1/3 rd of the Senate and the entire Lower Chamber.   

4-Meanwhile, instead of showing true commitment to addressing the crisis, President Jovenel Moise, is actively consolidating a completely partisan public servant structure.  Nominations are being issued outside the framework of public law; contracts are being confirmed outside of the legal administrative structures; accelerated disbursements are being ordered through parallel illegitimate channels, to name a few of the ongoing irritants.  (Documented examples may be provided in writing upon request)

5-In short, no credible steps have been taken to improve -or even display goodwill- in reforming public administration and services, to fight corruption, to reduce useless expenses, to reinforce the justice system, to protect citizens from crime and rampant human rights violations.  As a matter of fact, the President has systematically tried to block due process in all corruption scandals such as that of: PETROCARIBE, DERMALOG, SOFIDAI, LA SALINE, ACADEMI, BORDER CONTROL (tax evasion), to name a few.  

6-Under his leadership, opacity in public spending has reach an new level as he has diverted most of the national budget to a program called “the Caravan of change” that he and his close associates control without any kind of accountability, whatsoever.  There is no provision for even keeping records of the expenditures (of the “Caravan of change” that touch all aspects of government, from agriculture, to public works, from national identification to social security.  

7-It is AAA’s position that, as of today, the consequences of incompetent and corrupt management have cornered the President in an exacerbated economic crisis, where he holds no political credibility, neither with his constituents, nor with his past and present political allies.  His refusal to address any the poignant issues plaguing the country (at least from the population’s view point) has festered into irreversible distrust.  

8-It is AAA’s view that President Jovenel Moise has waited far too long to address disturbing claims of corruption and rampant human rights’ violation that, had they been dealt with in a timely fashion, could have been subdued. 

9-His perception of unconditional support from Haiti’s traditional allies, has caused him undue arrogance as he misconstrues support for “rule of law” with blanket license to neglect and even ignore the needs of an increasingly outspoken youth movement.     

While President Jovnel Moise has devoted himself to his tunnel vision management of public affairs, technical objections to his remaining in office are surfacing.  Some of the most concerning are:

1-Indictment of Jovenel Moise by the COUR SUPERIEUR DES COMPTES ET DU CONTENTIEUX ADMINISTRATIF (CSC/CA)

« Cour Superieur des comptes et du Contentieux Administratif » (CSC/CA), the country’s highest administrative court, accused President Jovenel Moise, trhough a few of his companies, of corruption. The documented acts of corruption were performed when the firms where under his management.  He had the option to file for counter reports/audits (by law).  His choosing not to do so, seals the conclusions of the CSC/CA report and require the justice system to intervene. 

(Documentation may be provided, in support of this paragraph.)    

2-Distrust in President Jovenel Moise’s interest and capacity to realize efficient and fair elections.-

Elections should have occurred in October 2019.  President Jovenel Moisefailed to attend to this responsibility.  To make matters worse, it is suspected that this inefficiency was intentional.  No electoral law was ever submitted to parliament nor was it even written.  At the time, the anti-Jovenel Moise was not an issue; there was ample opportunity to attend to this most pressing matter.   The composition of the electoral Council was never formalized and submitted for ratification by the comfortable majority held by President Jovenel Moise’s party (PHTK) in parliament.  

If nothing else, the stalling of the process by design including the replacement of the national Identification system by a new system, while all technical accounts prove that the new system could not be ready in time for “elections” are additional elements that keep the opposition in hyper vigilance.  The plan was to allow the third of elected officials from Parliament and the whole Lower Chamber to step down without replacement, and simply acknowledge the Legislative body as “dyfonctional”.    

As per the Mariott Agreement, dated November 10, 2019, the opposition sector united its voices, to conclude that it will not participate in elections organized by President Jovenel Moise.  This signifies that there will be a need for a transition period to organize credible elections, regardless of the date when President Jovenel Moise leaves office.   

3-Weakening of the police force

The security force of the country, as embodied by the Haitian national police is being undermined by President Jovenel Moise who no longer trusts them; while some specific units, under direct influence of President Jovenel Moise, are seen as gaining widespread uncontrolled leeway.  

This phenomenon is also observed within some gang structures that appear to benefit from state protection.   They are directly contracted by the Ministry of Interior, also responsible for the massacre in many “anti-Jovenel Moise” direly poor neighborhoods.  

Our recommendations therefore stand aligned with the position of the “Alternative” and “Accord of Mariott”.  The terms of these recommendations have been drafted and signed.  A rough translation is provided below for referral.   

« ACCORD DE MARIOTT » 

SUNDAY NOV. 10, 2019

IN-HOUSE URGENT COURTESY TRANSLATION (OFFICE OF SENATOR YOURI LATORTUE)

Dispositions of the agreement of transition….

Considering that it is of essence to determine a formula to replace the President of the Republic that respects the spirit of the laws, customs and traditions…

Art.1.1…Upon the removal of President Jovenel Moise, he will be replaced by a judge of the Supreme Court (Cour the Cassation)  of the republic of Haiti and the Parliament become automatically become “caduc”.   Henceforth, a special Commission in charge of defining criterion for choosing a judge that shall ensure the Presidency of the Republic during the transition will be formed;

This Commission is composed of 7 members, amongst which 5 shall be issued from political entities signatories of this agreement, and 2 emanating from civil society.  The “Passerelle” shall fulfill the role of observer to the works of the commission.

Art.1.2 Regarding the forming of the government in relation to the designation of the Prime Minister and the formation of the government…

The signatory parties convene of the following:

The Commission hereinabove mentioned is in charge of defining the criterion for choosing the Prime Minister and the ministers.  

Art. 1.3 Regarding the structure of control of governmental action

The discussion will follow in the brief delays; amongst the signatories of the present agreement to reach a global agreement that shall enclose the finalizing of the road map that will engage the “transitionary power”.  

The mechanism of choice of the members of the government and the setting of the entity of control of the Executive power of transition shall be formulated by a special commission.

2. Final dispositions

The signatories agree to undertake everything to ensure the respect of the political agreement of transition.  

The political agreement of transition takes full force at its signing by political transitional parties.  

 Sénateur Youri Latortue S