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Setting up the Presidential Council in Haiti: considerable progress, but still uncertain

Emmanuel Paul
Emmanuel Paul - Journalist/ Storyteller

Bargaining, negotiations, corruption: these are the hallmarks of the process to set up the Collège Présidentiel, which the private business sector is desperate to take control of.

It is in this tense political climate in Haiti, marked by uncertainty and instability, that a glimmer of hope emerges as the members of the Presidential College finally manage to agree on a framework document for the establishment of a transitional government.

This significant breakthrough comes after several weeks of arduous negotiations and tensions between the different factions of the presidential college, paving the way for the establishment of essential structures to ensure the continuity of executive power during the interim period.

The document has been forwarded to the resigning government’s Council of Ministers, which is expected to publish it in the official newspaper Le Moniteur, Caribbean Television Network has learned.

Correspondence has also been sent to the resigning de facto Prime Minister Ariel Henry by CARICOM, the organization responsible for facilitating the establishment of a new government in Haiti.

Since the tragic assassination of President Jovenel Moïse in July 2021, Haiti has been plunged into a deep political crisis, characterized by violent demonstrations, clashes between armed gangs and widespread political deadlock. The lack of clear leadership of the government put in place by a tweet from the Core Groupe and rivalry between the various political factions have hampered efforts to set up a transitional government and organize elections to restore democratic stability in the country.

In the framework document adopted by the members of the college , we can list the following main points:

Agreement on a Framework Document

After months of talks and mediation, the members of the presidential college, representing various political, economic and social forces in Haiti, finally reached agreement on a framework document defining the fundamental principles of governance during the transition period.

This document lays the legal and institutional foundations for the establishment of an interim government and the holding of free and fair elections in the near future.

Organization of the Transitional Government

According to the framework document, transitional executive power will be exercised jointly by the Presidential Council and the Transitional Government.

The Presidential Council, made up of nine members representing different political and social entities, will preside over the transition and ensure compliance with the “Constitution and laws of the Republic”. The Prime Minister will head the Transition Government, charged with managing the day-to-day affairs of the State, according to the document adopted by the members of the Presidential College.

Selection procedure for the President of the Presidential Council

After the failure of an initial attempt to choose the President of the Presidential College, the members of this structure have at least reached agreement on the selection procedure. In this framework document, particular attention is paid to the procedure for selecting the President of the Presidential Council, a crucial position in Haiti’s political transition. The members of the Council will elect him or her after their installation, according to strict criteria, including a minimum age of thirty-five, Haitian nationality of origin, and absence of conviction for common crimes, among others.

Duties and responsibilities

The framework document also details the powers and responsibilities of the Presidential Council, which will ensure the stability of the institutions and the continuity of the State during the transition period. Its functions include appointing the Head of Government, declaring war, and negotiating and signing international treaties, among others.

Control of Government Action

The Organe de Contrôle de l’Action Gouvernementale (OCAG) will be responsible for monitoring the actions of the executive during this interim period, in accordance with the provisions of the framework document. Its mission will be to guarantee the transparency, integrity and legality of decisions taken by the transitional government.

Term of office and remuneration

The term of office of the Presidential Council is set at between eighteen and twenty-four months, with no possibility of extension, and its members may not stand for any elective office during this period. In addition, the document provides for a monthly allowance for members of the Presidential Council, paid by the Treasury, to guarantee their financial independence and commitment to democratic transition.

Future prospects

This breakthrough in the establishment of a transitional government in Haiti is a crucial step towards political stabilization and the restoration of democracy in the country. As the members of the presidential college work to finalize the logistical and operational details of the transition, attention is now turning to the effective implementation of agreed measures and preparing the ground for the holding of elections before the end of the transition period.

What’s important to remember?

Well-defined criteria, but they don’t solve the problem itself. The unknown part of the equation remains unresolved. Who will chair the board?

For the moment, three main candidates are in the running. They are Fritz Alphonse Jean of the Montana Accord and Louis Gérald Gilles of the December 21 Accord. This is the same group behind the second version of Ariel Henry’s government and the establishment of the High Transitional Council chaired by former Senator Mirlande Hyppolite Manigat.

The OPL coordinator representing the January 31st Collective is also a candidate for the presidency of the Collège. Negotiations are underway among the sectors represented to choose the President of the Collège.

Elements of the private sector, sanctioned by the international community, are reportedly trying to impose their choice at all costs.

Thousands of dollars have reportedly been distributed by the private sector to facilitate the presidency of the representative of the December 21 Accord, Dr. Louis Gérald Gilles, CTN has learned.

More comfortable with the Court of Cassation, the majority of whose members were appointed by the PHTK government and Prime Minister Ariel Henry, the resigning government is also said to be seeking to sabotage the presidential council in favor of the choice of a Court of Cassation judge.

Although the document has been adopted by the members of the Presidential Council, certain sectors are reportedly ready to withdraw from this institution if their candidate is not selected. These include Fanmi Lavalas and Accord Montana, represented respectively by architect Leslie Voltaire and economist Fritz Jean.