EDITORIAL

• Enough is enough with Jovenel Moïse, he has crossed the threshold of tolerance of the Haitian people!

For some time now, Jovenel Moïse has been making decisions that call into question his mental equilibrium. But the order that was taken in the Council of Ministers, then published on February 12, 2020, in the official gazette Le Moniteur, exceeds the limits of tolerance of the Haitian people. In so doing, he breaks the locks put in place by the Constitution to control the actions and decisions of the presidency, thus granting himself full powers to decide what he wants, whenever he wants and how he wants it. These are the powers of a dictator who has used the presidency under false pretense. Now that he has revealed his true colors, the active forces of the country must mobilize effectively to end his presidency.

Almost every week there’s been talk of the need to remove Mr. Moïse from the National Palace. For cause, there’s the highlighting of a list of misdeeds attributed to him. He has arrogated to himself the right to block the prosecution of senior State officials, including himself, accused of money laundering and embezzlement of public funds, such as the heist of the PetroCaribe Fund; consider the private contracts he’s granted in return for juicy bribes for himself and his wife; without forgetting the scandalous loans from the Central Bank to his private companies. Moreover, his entourage comprises parliamentarians involved in illicit trafficking. On top of these, there are the State massacres perpetrated in La Saline, Carrefour-Feuilles, Bel-Air and other shantytowns in the capital. And to him the blame for creating the conditions conducive to the generalized insecurity, particularly the wave of kidnappings for ransom, which has been gaining ground over the past three months.

After committing all these crimes, Jovenel Moïse is sinking even deeper into reprehensible acts and decisions that are illegal or contrary to the Constitution. He seems committed to follow this tortuous path. Indeed, he has no reason to change. On the contrary, his dictatorial excesses have piled up in recent weeks. As proof, take his illegal and unilateral decision to shorten the term of nine senators elected for six years. Also, the decision to declare the residence of the El Saieh family public domain, paying no attention to the norms laid down in the Constitution to undertake such action. In a crescendo of deviations, there’s the decree published February 12.

 Vehemently denounced by Senator Youri Latortue and other political figures, this document is duly condemned by lawyer André Michel, spokesperson for the Democratic and Popular sector. With Attorney Michel’s permission, we present his damning analysis on the subject as a supplement to the current editorial:

“The Nation is in danger! The decree issued by the Council of Ministers and published on February 12, 2020 in the official gazette Le Moniteur offers a boulevard to President Jovenel Moïse and his de facto government. Through this decree, Jovenel Moïse and his government have granted themselves full powers at the expense of the Constitution, the laws of the Republic, and the principles governing the separation of powers. Also, against financial transparency, the fight against corruption, the permanent control of the High Court of Auditors Superior and Administrative Disputes, and the awarding of public contracts and sound management of State affairs.

“In article 2 of the said decree, the executive considers public electricity contracts, research and development activities between States; and contracts designed by mutual agreement, within the framework of the implementation of a memorandum of understanding or agreement signed between the Haitian State and another State; or between the Haitian State and a public or private institution under the authority of another State. As well as markets in areas that contribute to the stability and development of the Nation and its founding values or to the general well-being of the population. Such as approved by the Council of Ministers, these are areas relating to national security. To speak in such broad terms and in vague considerations, Article 2 of this decree considers all matters of national life as pertaining to national defense or security. What aberration! However, the most important thing is that, with this decree, Jovenel Moïse can award juicy electricity contracts to his friends. It is now that we begin to understand why SOGENER had to be annihilated.

“With this decree, Jovenel Moïse can easily sign contracts with foreign companies for the exploitation of our mines and subsoil. [Said in Creole]: (Jovenel Moïse wants to sell the underground wealth of Haiti.) With this decree, Jovenel Moïse can award contracts of great financial importance to his friends in all areas of national life, as long as the Council of Ministers considers it a matter of national security. Moreover, it should be pointed out that article 6 of the decree of February 12, 2020 completely removes the scope and room for maneuver by the High Court of Auditors and Administrative Disputes.

“According to the sixth paragraph of article 6, it is sufficient for the legal person responsible for the Contract to obtain the opinion of the High Court of Auditors and Administrative Disputes on all draft contracts. The Court of Auditors only intervenes on the draft contract but not on the contract itself. According to the spirit of this article, the contract itself does not need to be validated by the Court. The Court does not intervene during the execution of the contract. Nor does it intervene after the performance of the contract. In short, the decree of February 12, 2020 represents a real State scandal.

“This decree is a pretext for squandering what remains of our meager resources. I call on the citizens to assume their responsibilities. The citizen Johnson Colin, assisted by his lawyer André Michel, will formally oppose the execution of the decree of February 12, 2020, before attacking it in front of the High Court of Auditors and Administrative Disputes. “André Michel, Esq., Sunday, February 16, 2020”.

Even before the last anti-Jovenel mobilization which lasted several weeks, the majority of Haitian citizens already had reason enough to demand his “immediate and unconditional” resignation. Added to these, are his recent decisions against the senators and against the offspring of the famous maestro Issa El Saïeh, victims of the February 12 decree. Therefore, it is time for the people to cross the Rubicon.

Cet article est publié par l’hebdomadaire Haïti-Observateur, édition du 19 février 2020 VOL.L, No.7, New York, et se trouve en P. 11 à : http://haiti-observateur.ca/wp-content/uploads/2020/02/H-O-19-february-2020-1.pdf