Louis Marie Montfort Saintil
Ambassador of the Republic of Haiti in Spain
The Republic of Haiti was one of the first countries in Latin America to proclaim its independence on 1 January 1804. It was the second country on the continent and the first to accede to it following a unique revolutionary process of abolitionist nature, after an armed struggle, which was not easy against France, the colonising power since the end of the 17th century.
Since its independence, political instability, lack of social cohesion and institutional weakness have been some of the elements that have chronically hindered the country’s development. Continuous coups d’état and a 30-year hereditary dictatorship ruled by François Duvalier, known as ¨Papa , followed by his son Jean-Claude Duvalier’s death ¨Baby , have hampered the development of a real democratic system and the guarantee of the rights of the country’s citizens.
In the quest to find a way for the country to move forward, the current executive, whose president, Jovenel Moïse, has focused on reforming the constitution, which causes much of the institutional dysfunction due to the imprecise nature of the text and its distance from Haitian reality. There is a widespread opinion on the need for agreement on constitutional reform, which has become more than an obligation; it is a vital need for the country. It is necessary to move towards a new Magna Carta that guarantees our well-being and our common future as a nation. Haiti’s current Constitution was adopted on 29 March 1987, after the fall of the Duvalier regime, and establishes a semi-presidential system, with a president elected by direct universal suffrage every five years, with a two-round majority, not being eligible for consecutive re-election for a second term and unable to stand for a third one. Under the Magna Carta, the president appoints a prime minister who must gain the confidence of both houses of the National Assembly, the Chamber of Deputies and the Senate, by ratification.
The 1987 Constitution has shown signs of exhaustion and the need for a constitutional text designed to last over time is vital, so it is a Constitution with a vocation of permanence, not of a transitory nature like the current constitutional text. The new text must promote a capitalisation and dynamisation of economic and human agents that develops the real economy, makes it productive and develops a labour market that guarantees the rights, future and progress of each citizen.
Among the actions carried out by the current government is the creation of a consultative commission on the reform of the constitution, which is presided over by the former president during the transition (29 February 2004-14 May 2006), Boniface Alexandre, a lawyer and professor, who is well aware of and a witness to all the political setbacks caused by the current constitution, which according to the majority is not adapted to our reality and has not been able to promote a common and stable project either.
The results of the first public opinion poll on the reform of the Haitian Constitution conducted by the Office of Research in Information Technology and Economic and Social Development from 27 November to 8 December 2020, showed that nearly 72 per cent of those polled voted in favour of a unicameral parliamentary system.
Conducted on a sample of 14,000 people aged 18 and over, this survey highlights the population’s desire to change the Haitian parliament from a bicameral system to a single chamber.
When asked about the option of whether or not to remove the Prime Minister from office under the new maternal law, 72.3% of respondents were in favour of the possibility of a motion. As well as 74.2% of people responded positively to the introduction of a vice-presidential position in the fundamental charter. After several days of fieldwork, the study concluded that 87.4 per cent of Haitians are in favour of the idea of giving the country a new constitution, one that would allow institutions to be strengthened. The popular clamour in support of the reform indicates that the time has come to adapt the law to reality, for citizens to regain faith in their institutions, and for these to enable the potential of each citizen to be developed in a safe and predictable environment.
There is no doubt that under the protection of a new Maternal Law we will be able to build a better future where the responsibilities derived from the management of each of the State institutions can be efficiently assumed. The Haitian people are already embarking on a new project. Constitutional reform is the decisive path in the search for a coherent and sustainable solution. Guaranteeing the dignity and fundamental rights of a nation must be the cornerstone of any Magna Carta for the 21st century that is intended to be permanent.
Similarly, there is a broad consensus in the international community to recognise that the country’s system is in urgent need of reform. Recently, the president of the Dominican Republic, Luis Abinader, expressed his support for a new constitution for Haiti so that the resulting stability would benefit both countries; this support from our neighbour is highly appreciated. Therefore, in view of the very positive reception this initiative is receiving, members of the international community have been invited to take part in this process, the United Nations, the Organisation of American States, the European Union and other players who will endorse the transparency of the process and contribute their experience.
The New Magna Carta must not only develop an effective and efficient institutional architecture in the political sphere, but must also be translated into a guarantee of citizens’ rights, enabling them to identify with their institutions. On the other hand, it must also be capable of aspiring to the promotion of social and economic development, providing the necessary legal security which gives certainty to productive economic elements. Haiti cannot afford to lose any more time and must aspire to be able to guarantee its own development autonomously and reduce external dependence.
The consultative commission plans to have, by the end of January, a text for the appreciation of the citizenry and the different sectors, and in March 2021 the referendum will be held. As the president said, “2021 would be the year of the constitution, elections and electricity”, and considering that 2021 is an election year, he does not wish to miss the opportunity to hold the next elections in the framework of a renewed and more inclusive constitution, which is expected to give a voice to a greater part of the population that has so far had no say.
In short, Haiti faces a major challenge in the coming months where much is at stake after so many years of political dysfunction. The dynamism of the 21st century and the constant evolution of international policies highlight the need to adapt our Magna Carta to our reality and idiosyncrasies. We therefore ask for the support of our friends in the international community to help realise this common and vital project whose sole objective is to guarantee the well-being of the Haitian people, allowing for social cohesion and socio-economic development. This necessary reform is the first step towards establishing a democratic system that provides for ideological pluralism, political change and guarantees the rights and freedoms of citizens. The aim, I stress, is to move the country forward into an era of democratic quality and prosperity.
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