Me Jean-Henry Cant

PROPOSAL TO RESOLVE THE ACTUAL CRISIS

MADE BY JEAN-HENRY CEANT, POLITICAL LEADER.
-

Considering that the country's actual situation is best characterized as one

of a general state of crisis;

Considering that Parliament is dysfunctional due to the fact that elections

were not held in order to fill unoccupied political offices;

Considering that the Constitution actually in application states the

following:
o art. 60): Each body of power acts independently from each other, and
each body fulfills its duties and obligations separately.
o art. 60-1): "None of such bodies is able to relinquish its duties, as a
whole or partially, without due motives, nor could any one body step
over its boundaries as set by the Constitution or by Law".

Considering that article 111-8.3 of the Constitution reads as follows:

"Under no circumstances, shall the House of Representatives or the Senate
be dissolved or adjourned, nor can the terms of their members be
extended".

Considering that on January 12, 2015, Haiti's Parliament will become

dysfunctional given that it will only hold ten (10) members and, therefore,
will not be able to uphold its "Power of Assembly", in accordance to article
116 of the Constitution";

Considering that the actual Prime Minister as well as all other current
ministers held their legitimacy from the Parliaments vote that had put them
into office, but not from the choice made by the President;

Considering the legal principle that the power given to the attorney-in-fact
becomes extinct if the entity that gave such power no longer exists;

390, Avenue John Brown (Bourdon)
Port-au-Prince, Hati HT6114

jh_ceant@yahoo.com
(509) 28 13 12 99

Considering that the latest Constitutional amendment completely removed

the concept of "Decree" (Dcret) as it was originally understood in the
framework of the old article 285-1 which was removed, and considering
that actually, in all legislations within our legal system, the present
application made of the said concept of "decree" (dcret) is no longer of a
legislative nature.

Considering that the country must not fall into this forthcoming state of
chaos, predictable but of immeasurable magnitude;

Considering that, in such critical circumstances, political awareness

commends the pursuit of an acceptable consensus for a solution that is
inclusive setting general interest above all others, and that holds deep
concerns for the Nation and the well-being of Haitians;

Considering that unrest and chaos only lead to violence, which is a major
pitfall to investments and national development, and also considering that
hasty, radical and bias positions never yielded durable results;

Considering it is the duty of all Haitians, of all leaders preoccupied by the

obligation to protect the country and each Haitian, to foresee and take
preventive measures in the face of unpredictable chaotic outcomes;

Considering that in this critical moment, it is necessary to appeal to the

conscience of all citizens, in particular to the official stakeholders for this
Nation, to the heads of political parties, to all moral personalities and
institutions as well as to civil society at large;

WE, JEAN-HENRY CEANT, POLITICAL LEADER, highly concerned by

this foreseen and eminent national calamity, submit to the Nation, to the official
members of all State bodies of power, the following proposal which aims to deter
said crisis and that can be used as a foundation to this large national consensus that
is always spoken of:
PROPOSAL:
1. The President remains in office for the entire length of his term as stated by
the Constitution.
2. A "State Council" (Conseil d'Etat) is put into place.

390, Avenue John Brown (Bourdon)
Port-au-Prince, Hati HT6114

jh_ceant@yahoo.com
(509) 28 13 12 99

3. A new government body, headed by a Prime Minister "of moderate

position", will take office.
4. General elections will be held on the last Sunday of October 2015 for the
following offices: the Presidency, twenty (20) Senatorial seats, open seats
in the House of Representatives, members of City Councils, all Assembly
members, such as ASEC and CASEC.
FORMATION OF SAID ENTITIES:
1) The "State Council":
The body of the "State Council" will consist of (30) members, selected as
follows:
a. the ten (10) Senators remaining in their seats until the end of their
legal term on the second Monday of January 2017;
b. four (4) members named by the ten (10) Senators leaving office;
c. two (2) members named by the Representatives from the (PSP)
Caucus;
d. two (2) members named by the Representatives from the (PRI)
Caucus;
e. two (2) members named by the Representatives from the (PEP)
Caucus;
f. one (1) member named by the Executive Branch who does not work
for a Public institution;
g. one (1) member named by the Supreme Court (Cour de Cassation);
h. two (2) members named by "Religion for Peace" (Religion pour la
Paix);
i. one (1) member named by the Human Rights organizations;
j. one (1) member named by the "University Council" ( Conseil de
l'Universit) ;
k. one (1) member named by the Journalists associations;
l. one (1) member named by the "National Council of Cooperatives"
(Conseil National des Coopratives);
m. one (1) member named by the Women organizations;
n. one (1) member named by the Handicapped".
2) The Government of Public Welfare:
The body of the Government of Public Welfare will consist of a Prime
Minister "of moderate position" and of Ministers selected by the President and
the "State Council" from the list of names proposed by the political parties.

390, Avenue John Brown (Bourdon)
Port-au-Prince, Hati HT6114

jh_ceant@yahoo.com
(509) 28 13 12 99

DUTIES:
1) The President:
The President will lead the country in accordance to the terms stated by the
Constitution actually in force and in collaboration with the "State Council"
(Conseil d'Etat).
2) The "State Council" (Conseil d'Etat):
The "State Council ( Conseil d'Etat) will undertake legislative attributions with
approval of the Executive, it will exercise the role of control over Public expenses
as well as oversee the whole process leading to the holding of elections. This
Council's term will end when the newly elected Parliament members take office.
The main duties assigned to the "State Council (Conseil d'Etat) are the following:
a) Validate decisions taken by Executive Branch with a legislative nature
likely to be labeled "decree".
b) Exercise the constitutional role assigned to the Parliament for the control of
Public expenses.
c) Make sure that general elections are held for all necessary political offices
such as the Presidency, the twenty (20) vacant Senatorial seats, all open
seats in the House of Representatives, members of City Councils, Assembly
members, such as ASEC and CASEC, as well as making sure that said
elections are held in the last Sunday of October 2015 under general ease
and security conditions.
d) Evaluate and recommend the composition of the actual body of the
"Provisional Electoral Council" (Conseil Electoral Provisoire) to the
Executive Branch.
MAY FORESAID PROPOSAL OPEN THE ROAD LEADING TO THE
RESOLVE OF THIS CRISIS AND A KEEN SENSE FOR UNITY.
MAY GOD PROTECT HAITI.
Port-au-Prince, this Wednesday, the first of October 2014.

390, Avenue John Brown (Bourdon)
Port-au-Prince, Hati HT6114

jh_ceant@yahoo.com
(509) 28 13 12 99