The Haitians Diaspora's Deal with the Devil

Over the past few months, there has been a red-hot debate not only about the end of de facto President Moise’s term but his newfound interest in changing the constitution and holding elections. What is being concocted is what I would call a Structural Electoral Theft which has seven components.

1. Control of all levels of government (from the presidency, ministries, mayors, to the ASEK, KASEK)
2. Control of the Provisional Electoral Council (an illegal council who is charged to run an unconstitutional referendum for which they have no mandate)
3. Control of the electoral structure (the Departmental Electoral Office [BED] and Communal Electoral Office [BEC])
4. Control of the vote through ONI (voters with multiple Dermalog cards and opacity of the database)
5. Control of the majority of Political parties (over 250 to date and most of which are fake)
6. Control of major swath of the electorate (strategic partnership with gang leaders to limit voting access)
7. 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. » 

As of 2011 article 11 provides citizenship for « Any person born of a Haitian father or Haitian mother who are themselves native-born Haitians and have never renounced their nationality possesses Haitian nationality at the time of birth. »

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

 

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.