Draft Constitution Weakens Two Powers, Makes President All-Powerful, According to Critics

The National Conference Steering Committee submitted the draft of the new Constitution of the Republic to the Presidential Transitional Council and the Government last Wednesday, May 21. According to its content, this document aims to refound Haitian institutions based on a more stable and effective state. However, for several critics, the document presented to the executive authorities does not solve any problem; on the contrary, it contains inconsistencies. A Step Backward Former advisor to President Jovenel Moïse, Guichard Doré, who always supported the process, strongly criticizes this draft constitution. For him, there is no evolution; rather, it is regression. It does not take into account the reflections already produced on this subject. “I have read the draft constitution presented by the steering committee to the transitional council. My first observation is that there is no evolution. It is regression,” declared Mr. Doré, while indicating that this project does not carry the true popular demands and does not correspond to reality. To support his statements, he refers to the articles concerning the expansion of the role of the President of the Republic who, from now on, will choose his ministers. Thus, he has also become the head of government. However, the position of Prime Minister is maintained. Guichard Doré believes it should be abolished. The President of the Republic is the Head of State. He is also the Head of Government” (article 143). He “appoints ministers and terminates their functions” (article 144), while “the Prime Minister […] assists him in the coordination of governmental action” (article 145). In case of temporary impediment, “the Council of Ministers under the presidency of the Prime Minister […] exercises executive power as long as the impediment lasts” (article 159). In case of vacancy, “the Prime Minister replaces him and finishes the presidential term” (article 161). On the Judiciary Other anomalies highlighted by Mr. Doré include the trivialization of nationality, the exclusion of the diaspora, and a blatant dictatorship observed in the judiciary. He speaks of the appointment of judges instead of electing them as recommended by the document submitted to the CPT and the government. He suggests abolishing the Superior Council of the Judiciary and replacing it with the “Superior Council of the Magistracy.” For his part, law professor Fatilnor Douyon believes it is an excellent intellectual work carried out by the steering committee. However, he believes that this draft constitution unbalances the powers of the State. Like Mr. Doré, Me Douyon emphasizes that the document consolidates executive power, making it stronger by eliminating the parliament's oversight power. “According to the document, only before the high court of justice can actions be brought against the President of the Republic.” The professor of constitutional law calls instead for a balanced State. “The president's relationship, with regard to the draft, with the judiciary is not balanced,” emphasized Mr. Douyon. Regarding territorial collectivities and administrative divisions, the lawyer believes there have been advances in some cases. According to him, the constitution should give departments the prerogative to draft their own budgets according to their needs instead of the central government. “As long as we don't reach that point, centralism becomes stronger,” he declared. Article 81 states that “each department is administered by a governor elected by universal suffrage for a term of five (5) years. He is indefinitely re-eligible.” The main towns of communes and communal sections now become, by virtue of article 65-1, full-fledged communes. Article 96-1 now sets the number of senators per department at two (2), compared to three previously. The Senate is fully renewed every five (5) years (article 97-3), as is the Chamber of Deputies (article 94-3). On the Electoral Cycle The text revises the eligibility conditions for several positions. According to article 141, “to be elected President of the Republic of Haiti, one must […] be thirty (30) years of age on the day of the elections.” Furthermore, “to be Mayor of the commune, one must: […] be twenty-one (21) years of age” (article 68-1), and “to be elected to the Chamber of Deputies, one must: […] be twenty-one (21) years of age” (article 93). As for the Senate, article 98 specifies: “be twenty-five (25) years of age.” However, the submission of this draft to the executive authorities does not yet mean the process is complete. A vast public awareness and appropriation campaign will be necessary for citizens to understand the outlines, stakes, and innovations of this text. In a country where political uncertainties form an unstable ground, there is no guarantee that this constitutional initiative will not turn into a futile effort.