Constitution loses in Haiti election fight: analysts

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DPean

Constitution loses in Haiti election fight: analysts

Post by DPean » Wed Dec 28, 2005 8:31 am

Constitution loses in Haiti election fight: analysts
Tue Dec 27, 2005 11:52 AM ET



By Jim Loney

MIAMI (Reuters) - Haiti's constitution is being violated by both the U.S.-backed interim government and by the candidacy of a Haitian American millionaire running strongly in the polls in a long delayed election, analysts say.

"The government has not been paying much attention to the constitution," said Brian Concannon, a U.S. lawyer who worked in Haiti and helped prosecute military leaders accused of a peasant massacre.

The first round of voting in the troubled Caribbean nation is scheduled for January 8 with a run-off, if needed, on February 15. But elections officials have said another delay seems likely.

Dumarsais Simeus, the Haiti-born founder of a Texas food company, has been running second to former President Rene Preval, but the Provisional Electo
ral Council, which organizes elections, has twice said Simeus cannot run because he is an American citizen.

Haiti's 1987 constitution, a point of pride when it was written in an impoverished nation struggling to recover from decades of dictatorship, requires presidential candidates to be Haitian citizens. It also says citizenship is lost by "naturalization in a foreign country."

Yet Haiti's Supreme Court has twice ruled that Simeus should be put on the ballot.

On December 9, the day after the Supreme Court's latest ruling on Simeus, Prime Minister Gerard Latortue fired five high court justices. Latortue was chosen by a council of elders after elected President Jean-Bertrand Aristide was forced into exile 22 months ago.

"It's a little ironic that he (Latortue) is saying Simeus isn't legitimate. To be a prime minister or president you should have to have five years residency (in Haiti)," said Concannon. Latortue lived in Florida before taking office.

Asked about the contr
oversy, Simeus said tersely in a recent interview: "I don't want to debate the constitution. The Supreme Court reviewed the case."

"I have Haitian nationality of origin. My grandparents and parents were descendants of slaves. This Haitian nationality cannot be lost," he added, describing Latortue's interim government as one of "total anarchy, total lawlessness, total dictatorship."

WIDER CONSTITUTIONAL ISSUES

The machinations over Simeus' candidacy and the jailing without charges of hundreds of Aristide supporters, widely criticized by human rights groups, are symptoms of disrespect for institutions of democracy that have been slow to take root in the former slave colony, analysts say.

Jean-Germain Gros, a Haitian-born assistant professor of political science at the University of Missouri, said Haitians seem to believe the constitution is only "suggestive."

"The clauses of the constitution are suggestions only. They are not things that are binding," he said.

"Haiti
is a failed state and when you have a failed state, nothing else works. Not the constitution, not the economy," Gros added. "The real issue in Haiti is the absence of a state."

Analysts say Latortue's interim government has already violated a key provision of the constitution by failing to hold elections within 90 days of Aristide's ouster in February 2004, and seems destined to violate another by failing to inaugurate an elected president by February 7.

"The rule of law is thin in Haiti," said Harvard University professor Robert Rotberg, who has written extensively on Haiti. "I think if you asked a cross section of a lot of Haitians if they had a constitution, they would not know how to answer you."

Gelin_

Re: Constitution loses in Haiti election fight: analysts

Post by Gelin_ » Wed Dec 28, 2005 10:41 am

[quote]...Analysts say Latortue's interim government has already violated a key provision of the constitution by failing to hold elections within 90 days</B> of Aristide's ouster in February 2004, and seems destined to violate another by failing to inaugurate an elected president by February 7....[/quote]

Now, it's time for Osner Févry and Friends (OFAF ??...:-) to wake up again from their sweet and peaceful sleep. It's time again to remember that once upon a time in Haiti there was something called the Constitution:

[quote]...Selon une déclaration remise à la presse les 10 partis membres du Conaced estiment que le gouvernement du Premier ministre Gérard Latortue a échoué dans sa tache d'organiser des élections crédibles.

En conséquence, ces partis ont demandé le départ d'ici au 31 décembre du gouvernement actuel et
la formation d'un gouvernement controlé par les partis politiques.

Selon le porte-parole du Conaced, l'avocat Osner Févry, le nouveau gouvernement (d'union nationale) devra organiser des élections dans un délai de 90 jours comme l'exige la constitution</B>...

Source: http://www.haitipressnetwork.com/news.c ... cleID=7112 [/quote]

If I remember well, that was the position of Gérard Pierre-Charles: Let's violate it now, and right after that let's defend it again. How convenient! How sad!

gelin

Leonel JB

Post by Leonel JB » Thu Dec 29, 2005 1:29 pm

Gifrants, I don't know who to blame? The Americans or the Haitians?

I believe that we spent our Lifetime blaming others for Haiti's misery. I am not saying that they are not part of the problem. But we need to do a self-analysis and be frank about it.

We put ourselves in a position to support the White Supremacist's mentality. Accepting the fact that it is easy to manipulate the Black Man.

We have to accept at least eighty-five percent of our problems. We have a lot of inadequate so-called Politicians who have two things beside keeping Power: Money and Grimel (light skins, mulattoes or whites).

I resent the fact that one can say none of these guys was capable of fixing the situation.

NOu gen on pakEt politisyen ki pa menm ka manage on bank bOlEt. But yet, they were Presidents or Prime ministers or else.
You can ask either of them, They do not have a PLAN. -How do you fix Health Care, Education, Securi
ty, Infrastructure, and the biggy (Tax) ?

I am sick and tired of people accepting the fact that one can come and build a couple of LekOl diswa without touching Education in general. The Public Schools for everyone to attend. A campus where you can find any sporting arena: from swimming (olympic) or tennis courts etc.

A general Hospital adequately furnished with up to date equipments.

It is a fact that these politicians are nothing but Mediocre. I don't care if it is Estime or Aristide.

None of them knew how to help a country like Haiti. The first Black Republic in the West, and one of the poorest! It is a shame.

We have a lot to do. And Blaming others for my failure is wrong. I need to start with myself and see what went wrong?
We don't have that much time and energy to talk talk and talk. Now is now, and we have to start now. We've been doing it for over two hundred years. We need another equation or solution. For, the previous ones failed tremendously.

Hai
ti needs all of us now. We can do it Together. Enough talking, more actions.

We have so many experts. Which is a problem, by the way. Cause, being expert in a field does not mean that you can't learn from others. On a toujours besoin d'un plus petit que Soi.
2006 is at the door, we can change the attitude which Dr Rosalvo Bobo talked about a Century ago.

L'Union fait la Force,
Leonel jean-Baptiste

Gelin_

Post by Gelin_ » Thu Dec 29, 2005 1:59 pm

[quote]...We have a lot to do...[/quote]
For me, the ONLY thing we need to do is to know, love, and respect the law of the land. If we can do just that, everything else will fall into place. If not, we'll have to spend many more years in the jungle; and the hunters will be there also for the bloody game...

gelin

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Post by admin » Thu Dec 29, 2005 3:26 pm

[quote]the ONLY thing we need to do is to know, love, and respect the law of the land[/quote]
Do we have to love it?

Gelin_

Post by Gelin_ » Thu Dec 29, 2005 3:49 pm

[quote][quote]the ONLY thing we need to do is to know, love, and respect the law of the land[/quote]
Do we have to love it?[/quote]
Well, maybe not. But we need to know it and respect it to avoid diving into the jungle where only the mighty makes the rules. It's easier to descend into lawlessness than to get out of it.

gelin

Gelin_

Re: Yon ti fòlòp

Post by Gelin_ » Fri Dec 30, 2005 10:36 am

[quote]...Klinòp pouki fèt ann Ayiti anwo kòm anba kont pou fè flèv Latibonit debòde tou wouj. Men fòk li fèt vre si pou Ayiti fè yon ti rèspire paske klinòp sa se yonn, rebati peyi Dayiti byen janm ak dèzensitisyon pouki fondasyon egzistans li se de...[/quote]
Gen moun ki panse sa, mem m pa kwè se la solisyon an chita. Poukisa? paske nan desanzan ki sòt pase la a, konn gen klinòp ki fèt jan w pale a. Kisa nou remake? Bagay yo ap vin pimal. Ka gen yo ti repi aprè chak sezon klinòp, men chanjman ki pou ta fèt la pa janm fèt.

Daprè mwen, sèl klinòp ki pou ta fèt pou sove peyi dayiti se yon klinòp anndan kalbas tèt nou. Se pou nou ta ranplase mantalite gwoponyèt la avèk yon respè pou lalwa. Se pou chak moun kap ekri, kap pale, oubyen kap pibliye sou yon fòm kèlkonk ta fè tout lòt moun konnen ke se sèl respè pou lalwa peyi a ki pou pèmèt nou viv byen youn ak lòt.

"la force es
t sans lendemain"

gelin

Gelin_

Re: Yon ti fòlòp (2)

Post by Gelin_ » Fri Dec 30, 2005 11:39 am

[quote]Gelin, Sou sa mwen pa dakò ake w. Ki klinòp ki janm fèt vre? Chak moun rive sou pouvwa, se tankou "ôte-toi que je m'y mette". Chak moun monte opouvwa ak klik yo, ak klan yo. Yo elimine, asasinen pou asire pouvwa yo.
[/quote]
Peyi a abitye gen gèsivil, destriksyon, briganday. Chaj fwa ke bagay sa yo ap pase, moun kap fè yo a konnen se netwaye yap netwaye (klinòp) yon fason pou peyi a ka avanse.


[quote]Premyèman--fè genyen yon plan ou ankò yon manifèsto pouki etabli vizyon pou peyi Dayiti.

Dezyèmman--fè genyen yon "Kredo." Kredo sa ap sonde solidarite pèp Ayisyen apati de rèspè e onè pou tè Dayiti e lavi chak ak tout Ayisyen.[/quote]
Eske sa se pa wòl konstitisyon an? Tout sa wap di la yo deja chita anndan konstitisyon an, men antanke pèp nou poko janm ka rive respekte l nèt alkole. Nou pa bezwen ni manifesto, ni kredo, ni kontras
osyal paske nou gen yon konstitisyon deja.

[quote]Twazyèmman--Detèminasyon, konviksyon e sèman pou defann libète nou ak lavi nou.[/quote]
Sa ka soti nan chanjman mantalite a. Li ka difisil men san li nou pap rive pyès kote. Nap kontinye voltije de koudeta an koudeta, de dezòd an dezòd, de klinòp an klinòp...

gelin

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