A people with a great history but no memory

Haiti is ours, let’s start acting like we know that. When we fail to address our traumatic past, we are relegated to not finding the solutions that are right before our eyes. 

 

As of 7 February, 2021 Haiti has unambiguously left the democratic system of governance – no parliament, no supreme court, and a de facto president who controls all levers of power. We have quietly entered into a soft dictatorship.  So the simple question for Haitians is, what’s next? The simple and direct answer is, we fight on! 

 

It is not surprising that we have arrived exactly where the de facto President Jovenel Moise, intended to take the country.  He signaled early on that he was a leader who had no respect for protocols, institutions, nor the law.  Even before taking office, he memorably stated “the president has spoken. Period!” (Le président a parlé. Point barre!).  He kept this same energy of  authoritarianism throughout his term of office.  While people tend to be attracted to leaders who demonstrate strengths, and many believe that Haitians need a "strong hand," a leader knows that the people also expect, among other things, that s/he is reliable, trustworthy, and capable.

"A leader knows that the people also expect, among other things, that s/he is reliable, trustworthy, and capable."

 Over the past four years, the president has not demonstrated that he possesses any of those leadership characteristics.  On the contrary, during his tenure, he worked to weaken all the institutions, including the ones that are responsible for anti-corruption.   

He has reduced the oversight authority of the anti-corruption unit (known in French as Unité de Lutte contre la Corruption – ULCC).  He attempted to change the constitutional mandate of the High Court of Auditors and Administrative Disputes (known in French as Cour supérieure des comptes et du contentieux administrative – ULCCA).  Sadly, 35 years after the overthrow of the Duvalier regime, this president has taken the same authoritarian path.

With the implicit support of the international community, President Jovenel like President Duvalier before him, has politicized the police and the army, transformed the agents of the Protected Areas Security Brigade (BSAP, from its French acronym) into a repressive paramilitary unit, established his own secret police unit which harkens back to the feared tonton makout, and federated the gangs.   But the answer to today’s coup is the same as it was prior to 1986.  Back then, the Haitian people decided they wanted something different -- freedom and democracy.  Today, Haitians are still the solution and in response to the current crisis, our generation must live up to the legacy of those who fought and died exactly 35 years ago because they believed in the democratic system and its values.  

Living in the shadow of a super power in a uni-polar world

Whether we like it or not, today, as in the past, the international community and particularly the United States will be deeply involved in how this crisis is resolved.  Indeed, the script is eerily similar. In 1984 when the protests against Duvalier began, the US asked the Duvalier regime to respect human rights and loosen some of the restrictive laws it had enacted to resolve the problem. Today, the US is asking the Moise regime to respect human rights, arrest the former government officials and gang leaders who are involved massacres, and limit its use of decrees that restrict the people’s constitutional rights, to resolve the problem.

 
 

Surely, the international community has its share of responsibility for supporting President Moise very undemocratic rule over the past four years. However, if Haiti is to come out of this crisis, Haitians must learn the lessons of the past.  The most important of which is that it is not up to the international community to build Haiti – it never was and never will be.  

Indeed, even with the best of intentions, the international community and the US in particular, do not do nation-building.  As always, the result of this incapacity is the implementation of policy remedies that can only be palliative.  

"It is not up to the international community to build Haiti – it never was and never will be."

Haitians have to look at this as analogous to a sick body.  The medicine that is provided is to help the body's immune system so the antibodies can fight the disease.  The medicine (policy remedies) is never curative.  If Haitians are to be the solution then the question is how do we (all the little antibodies) come together and massively attack the cancer that is corruption and impunity.  

 

First, we must do the work of organizing ourselves.   This does not mean gaining the agreement of millions of people, but it does mean creating a momentum that brings together a sufficient number of engaged and respected people to lead the way.  For far too long, far too many of us have been sitting in the bleachers and keeping scores.  For some folks, it is indifference. For others, it is fear.  Regardless of the motivation, this regime will only get more irrational and bloodthirsty as we sit idly by waiting for the grinding machine of insecurity to arrive at our doorstep.  

"This regime will only get more irrational and bloodthirsty as we sit idly by waiting for the grinding machine of insecurity to arrive at our doorstep"

Second --and this can be done in parallel -- we must fight for the rule of law.  This starts by fighting for the respect of the constitution even with its imperfection.  For too many –including the president who is self-interested – the time is ripe to engage in a dramatic constitutional reform, especially while there is no parliament.  One can see the attractiveness of engaging in these changes now because if the parliamentarians were around, they would unlikely agree to changes that reduce their power.  However, given Haiti’s sociopolitical history, taking a shortcut on such an important issue will inevitably backfire as it will create a precedent for the next leader. 

 
 

It’s also worth noting that this would mean engaging in a constitutional reform that is based on essentially shredding the constitution of a country that is still in the early learning stages of the democratic experiment.  In this context, the very idea of violating the constitution to save it is paradoxical at best and self-defeating at worst.  

This brings us back to what we have always known, which is that the strong man approach, combined with the belief that "se ak baton pou trete ayisyen" (Haitians can only be ruled by the rod) is a recipe that leads us back to the autocratic practices we left behind 35 years ago.  

"The very idea of violating the constitution to save it is paradoxical at best and self-defeating at worst"

 The international community and many well-meaning citizens appear willing to take the risk of engaging in a constitutional reform with the current regime.  However, events of the past few years but more pointedly in the past few days have clarified the regime's intentions.  The de facto president illegally had a supreme court judge arrested even though like him, these judges are immune from prosecution while in office.  It is yet another illustration of the president applying different rules for the other co-equal branches of government -- similar to what he did with the parliamentarians.  It is one rule for the president and another for all others because he has the guns.  Sadly, this is the attitude of might make right.

 

The president has since removed three members of the supreme court, in yet another unconstitutional decision, which clearly shows that the president has no interest in the rule of law.  It is also clear that President Jovenel is not, for example, a Kagame and Haiti is certainly not Rwanda.  Haiti is also not Russia and president Moise is no Putin.

 

Over the course of those last four years, the president has not worked to unite the nation toward any kind of transformation -- social, economic or political.  Worst, he has not demonstrated that he was working for the greater good nor even attempted to build a national consensus

 

Breaking with our past and overcoming our traumas

Our nation was created out of the traumas of slavery and more recently, after 30 years of a ruthless dictatorship, we have dealt with the traumas of the earthquake, cholera and now the proliferation of gangs and kidnappings.  The country’s political convulsions may be rooted in the phenomenon called “repetition compulsion."   It is explained as the act of repeating a “traumatic event or its circumstances over and over again.”  To quote  Christine Langley-Obaugh: “We repeat what we do not repair.”  She continued to say that “when we don't stand up, we will find that the situation will keep repeating throughout our lives,” and in our nation’s case, through generations.  

 

In 1986, we made the choice of democracy as our system of governance and the time to stand up and reaffirm that choice is now.  The fight for democracy means fighting for the scrupulous respect for the rule of law, even if we have to accept laws with which we disagree -- "The law is hard, but it is the law (Sed lex dura lex).  The fight for the rule of law is the fight for a just society, and an opportunity to overcome our collective traumas and begin the healing our country desperately needs.

      
 "The fight for the rule of law is the fight for a just society"

We also need to remember that the fight for democracy is long and not limited to one administration.  Whether we like or not, we must recognize that the international community will play a role but that their interventions can only palliate the crisis.  Finally, in the geopolitical context, we have to understand that Haiti is a small island living in the shadow of a super power in a unipolar world.

 

We, Haitians, must accept that nation building is our own cross to bear.  Haiti is ours, let’s start acting like we know that.

One option out of Haiti's current political crisis (from 2018)

 On the eve of February 7th, when things in Haiti are about to reach their paroxysm, I cannot believe that I wrote this piece two years. 

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Haiti is currently facing a profound crisis, marked by widespread distrust in its leadership. President Moise's credibility has significantly diminished, and the opposition parties are not viewed as reliable alternatives. Similarly, institutions like the church and various political factions have failed to gain the public's trust. A common sentiment among Haitians is that another foreign occupation would be detrimental to the nation's future.

 

At this critical point, Haiti is in dire need of leaders who prioritize the nation's needs and possess the necessary skills and dedication to guide the country forward. Essentially, what Haiti requires most is a fundamental reset, a fresh start to rebuild. 

 

To solve this crisis, both the opposition and the president need to make sacrifices. Haiti cannot win unless both sides lose.

 

Although I disagree with President Moïse, I believe he should stay in office, but his power must be reduced. Otherwise, this uprising will have been in vain. The opposition also has a role to play, but it should not gain power. Otherwise, it will become acceptable to overthrow presidents in order to ascend to the presidency without a mandate from the people.

 

Haitians, as people of African ancestry, have a number of cultural norms and values, including respect for elders. This could be leveraged to create a negotiated outcome to the current crisis. One option is to establish a council of elders, or "conseil des sages," to help lead the country alongside the president.

 

The council members would be a cadre of professionals who would publicly agree to not seek any office (elected or nominated) for a minimum of 10 years. The president would stay in office while the board defines key policies. 

 

This council would function similarly to how a board supports a CEO, offering guidance and oversight. They would all report periodically to the public on all major decisions. Members of this council would need to fulfill three specific criteria:

1. Integrity and Character: Candidates must be known for their integrity, with emphasis on their character and expertise rather than their age. They should have a strong reputation in the community for fairness, and trustworthiness.
2. Ability to Serve: Candidates must demonstrate that they have the intellectual capacity and physical energy to serve effectively in the role.
3. Proven Public Service: Candidates must have a demonstrated history of effective public service, with evidence of making positive contributions to their community.

 

These selection criteria do not diminish the participation of younger people, but rather recognizes people with a proven track record. Moreover, it requires candidates to be willing to sacrifice their future eligibility to hold other elected office. This level of sacrifice may be easier for people who are more interested in their legacies than in future career opportunities. However, it does not prevent anyone from serving their country.

 

Despite what the opposition might claim, the last few days could never have happened were it not for the energy of young people who have essentially had enough of the status quo.

 

To account for and channel that energy, the council's mandate would last for the remainder of the President's mandate (3 years). It (the mandate) would include the creation of a special court made up of Haitian judges supported by national and international experts to clean up the judicial system. With economic experts within Haiti and from the diaspora, the council would immediately task a group to develop a new socio-economic plan that respond to current needs but more importantly a longer-term social contract.

 

The council could focus on three main objectives as a unified strategy: convening a national conference to facilitate comprehensive dialogue across all sectors of society, undertaking a thorough revision of the constitution to address current gaps and future needs, and organizing new elections for both the presidency and parliament to re-establish legitimacy and trust in the governance system.

 

For Haiti's progress, we should consider a range of solutions, but our final choice must be grounded in several critical principles:

• Trustworthy Leadership: The focus should be on ensuring seamless transitions of presidential power, with an emphasis on integrity and accountability.
• Legitimate Opposition: The opposition needs to function as a robust oversight body for the current government, gaining authority through transparent and fair elections.
• Independent Governance: Our aim should be to establish a governance framework that strongly reduces the risk of future foreign intervention.

 

Above all, it's imperative that whatever path is chosen, it must genuinely reflect the desires and aspirations of the Haitian populace.

Johnny Celestin

 

Published in Nov. 2018 (republishing in 2021)