- Control of all levels of government (from the presidency, ministries, mayors, to the ASEK, KASEK)
- Control of the Provisional Electoral Council (an illegal council who is charged to run an unconstitutional referendum for which they have no mandate)
- Control of the electoral structure (the Departmental Electoral Office [BED] and Communal Electoral Office [BEC])
- Control of the vote through ONI (voters with multiple Dermalog cards and opacity of the database)
- Control of the majority of Political parties (over 250 to date and most of which are fake)
- Control of major swath of the electorate (strategic partnership with gang leaders to limit voting access)
- Control of the Police (politicization of the police that leads to the force's inability to guarantee the security of voters)
An objective analysis will conclude that Haiti has fallen into an
autocracy, which the Oxford English dictionary explains as a system of government by
one person with absolute power. If it is said that even a broken clock can be right twice a day, then Senator Joe Lambert, president of the senate, got it right this time. The senator made clear in a recent interview that de facto President Moise is moving toward a dictatorship. And as president of the senate, he is not just against the so-called reform but has also asked the population to abstain from voting in this charade.
De facto President hit got it right when he boasted at a community meeting that « they will never be able to take the power away from us. » One does not need to be a super strategist to understand that truth of this statement. Indeed, the president has achieved total control over all institutions, and in this truthful moment, he was not being boastful or arrogant but instead h inadvertently provided a small window into his intention. The only missing piece to solidify his party's Structural Electoral Theft was legitimacy. The response was to launch a propaganda machine to gain the Haitian diaspora's support. This diabolical strategy has offered a Faustian bargain to the diaspora and serve as the final nail in the coffin of Haiti's democratic experiment.
The Moise regime, which is renown for its incompetency, has been able to organize a convincing propaganda campaign that targets the Haitian diaspora community, especially those in the United States. It (the regime) has spared no expenses to present slick presentations, hold full press courts, and even laid out the red carpet, including paying all expenses for Haitian-Americans to attend a Constitutional Congress in Haiti to get their input on a constitution that was already written. During that debate which was supposed to be on the constitution, it was sad to hear these diaspora representatives making the case for diaspora investments, and asking for roads, and programs to support the women merchants known as Madan Sara.
In its pitch, the regime an its agents have been making three key arguments. They claim that:
- the « proposed constitutional amendments would allow members of the country's diaspora to run for the presidency and other high-ranking offices.[1] »
- in a democratic system, an « elected leaders have to hand power to another elected leader, and we're going to do everything that we can to organize the election, and give that power to the people with the ballot.[2] »
- the president « needs to accumulate enough power to take on an oligarchy he says has paralyzed Haiti to profit off a government too weak to regulate or tax their businesses.[3] »
After four years in office, and even at the end of his term, de facto President Moise never showed any interest in advancing voting rights for the diaspora. Indeed, the amendments to the 1987 constitution had already struck down article 13, which stated that « Haitian nationality is lost through naturalization acquired abroad » and article 15 « Dual Haitian and foreign nationality is not allowed under any circumstances. »
To confirm this fact, in a recent Haitian Times interview, « Herwil Gaspard, consul general at the Haitian consulate in Orlando, Florida. Citing Haiti’s 1987 constitution, he said that any person born to at least one Haitian parent may be eligible to vote.[4] »
The article goes on to note that « On June 27 and beyond, people can vote at any consulate, embassy or diplomatic mission. While officials are also looking at setting up satellite voting locations or vote-by-mail options, those details have not been finalized, consular officials in New York and Florida said. »
« The
Moise regime is asking the diaspora to help it violate the constitution »
In sum, the Moise regime is asking the diaspora to help it violate the constitution so it – the diaspora – can obtain rights it already has. It is truly the height of cynicism to play on the diaspora's interest in being active members of the Haitian family and attempt to trick them onto signing on a project that spits on the constitution and the rule of law. The regime also understands the blind ambition of many influential members of the diaspora to run for office. To that end, it has sold them on the idea they too can run for president. Yet, despite the promises, the diaspora would not be able to use those rights since the requirements that limited their access in the past are still in the proposed new constitution. For example, Article 137.- To be elected President of the Republic of Haiti, the following conditions must be met:
- enjoy Haitian nationality and not hold any other nationality at the time of registration for the application;
- be at least thirty-five (35) years of age at the time of registration;
- enjoy his or her civil and political rights and have never been sentenced to an afflictive or infamous prison sentence;
- be in good standing with the tax authorities, honor his tax obligations in time;
- own at least one building or practice a profession or trade in the riding;
- be in good standing with the tax authorities, honor his tax obligations in time;
- have his habitual residence in Haiti.
Unfortunately, many Haitians in the diaspora believe that they will simply be able to fly to Haiti a few months before an election and run for office. As a result, they now embark in providing support to and cover for a president who openly admit « that he has the confidence of only a small sliver of his people. »
Following the discussions that are taking place online, one can note that many of the commenters support the referendum often without knowing what is in it nor fully understanding the
implication that such changes on the country's governance. They certainly miss the historical context of a country that has been experimenting the democratic system for 35 short years. Moreover, they seem clueless about the power the referendum will give to the president over the other branches, the immunity it will extend to this current president even after he served his mandate, the new opportunity to serve a consecutive term and the
precedent that will be created for future presidents.
In collaboration with the Ministry of Haitian Living Abroad known by its acronym MHAVE, a few organizations participated on behalf of the diaspora in the « Constitutional Congress of the Haitian Diaspora held over a 3-day period (January 14 -16, 2021). » As of this writing, no one knows the process that led to these organizations' participation in the congress, what contribution they made and what if any changes were made as a result of their participation. Certainly, we have not seen any report published neither by the de facto regime nor the organizations that participated in the Constitutional Congress.
De facto President Moise admits that « he has the confidence of only a small sliver of his people. »
However, we know two basic facts. One, de facto President Moise is not only illegitimate, he is unpopular, a fact he openly admitted to a NYTimes reporter to whom he said that « he has the confidence of only a small sliver of his people.[5] » Second, just a few days prior, in an interview with CNN, Mathias Pierre, the minister in charge of elections, admitted that the regime would be « content with around 1 million votes cast. »
« The regime would be content with around 1 million votes cast. » Haiti's election minister, Mathias Pierre
Here are a few questions that I hope some of the participants might be able to answer
- can shredding the current constitution lead to the respect of the next one?
- has this administration demonstrated a respect for the rule of law?
- is there a threshold to approve the new constitution (e.g., at least 51% of the ~7 million eligible voters)?
- Have they received any guarantee that all Haitians who are living abroad will have the opportunity to vote on the referendum and the upcoming elections?
- Is there an ongoing mobilization to provide all eligible voters in the diaspora with an electoral card?
One has to question the rationale for supporting such major changes to the foundational document of the country with such limited civil society consultation.
Ayibopost has also provided an incisive and relevant analysis of this process.
In this video, historian George Michel gave a succinct explanation of why a referendum is anti-constitutional. He also showed the historical legacy of the ways in which wanna be dictators often use constitutional referendums as the pathway to strengthen their grips on the country.The basic argument from various analysts from left to right is simple. The Moise regime is illegitimate and unrepresentative, and its mandate ended last February. Moreover, the so-called reform is unconstitutional and the push by de facto President Moise to push ahead is a power grab that will yield Haiti's Somalization where gangs control different parts of the country converging with its Nigeriazation where kidnappings are normalized.
As the Haitian proverb says, pito w mize nan wout ou pote pote bon nouvèl which loosely translates to better to take time on your way but bring good news. As a diaspora community, we have consistently been on the forefront for the respect of the rule. We all understand that the basic functioning of society rely on a fair justice system that is anchored by the constitution -- even when we disagree with specific laws. We should not set aside our values for a fair and just Haiti on the promise of being able to run for office.
We already have dual nationality. We already have the right to vote as demonstrated by the regime's offer to register Haitians abroad to vote in the referendum. It is our responsibility to use that right to influence changes in Haiti. We are and have always been Haiti's children. The regime's offer to give us back something we've always had in our heart and currently have in the 1987 amended constitution is not a deal worth making. The price to pay is the soul of the nation.
[1] https://www.usnews.com/news/best-states/florida/articles/2021-02-01/haiti-leader-speaks-of-more-power-for-diaspora-amid-strife
[2] https://www.cnn.com/2021/03/23/americas/haiti-elections-minister-intl-latam/index.html
[3] https://www.nytimes.com/2021/03/25/world/americas/haiti-jovenel-moise-constitution.html?smid=tw-share
[4] https://haitiantimes.com/2021/03/26/diaspora-can-now-vote-in-haiti-elections-from-abroad-but-some-hesitate/
[5] [5] https://www.nytimes.com/2021/03/25/world/americas/haiti-jovenel-moise-constitution.html?smid=tw-share
