The parliamentarians are not responsible for not holding elections to renew parliament, as the Constitution mandates. Assume there are 30 soldiers engaged in a war, 20 of whom have been killed or kidnapped, and a decision must be made in quorum by the remaining ten (10) amid danger to their homeland. To continue the fight or to give up, a vote of 6 is needed. There are ten (10) senators in power representing the ten (10) states of Haiti, which means that each State has one (1) senator. Senators rely on the country's budget until the second Monday of January 2023. Instead of having outsiders dance on our necks, occupy, and exploit us, we would let them destroy the country or restore trust in Haitian politicians.
Suppose we practice jurisprudential analysis instead of selecting a simple citizen who has not passed any election to make laws for us. In that case, our ten (10) senates can represent both congress and the senate. The study goes even further by providing one senator who would remain in power if the other nine died in an accident. A quorum is defined as a majority of "qualified and ability" individuals in an official number. Quorum does not imply a whole number that should be present even though they do not have the quality nor the ability and are absent. If we are looking for a solution, the quorum of the national assembly we are referencing is six (6) out of ten (10) (6/10) senates present.
How would we define national assembly, and what would be a better solution? The Haiti national assemblies exist according to the following equation: 100/100 = 50/50 = 1. Our country is in danger, and that is what we want you to see. Consensus is a term we understand, but we believe our approach is the most legitimate and legal according to our mother-law. When "present," Congress and the Senate form the national assembly. A quorum of 30 senators is 16, and we do not have 30 senators. A quorum of 10 senators equals six according to our constitutional 50%+1 rule. In a legislature of 118 deputies, a quorum of 60 is required for voting, but we do not have any members. According to the proverb, you nurse your grandmother when you don't have a mother. Because senators campaign in the deputies' jurisdictions according to how elections are held in Haiti, they can cover for congress if they lapse on the one hand. On the other hand, the presence of Haiti's ten (10) senators covers the president's jurisdiction, which is the country when added together.
Our analysis suggests that the ten senators in office may vote to elect a provisional president since the national assembly means the representatives of each State meet. However, senators cannot elect themselves or one of the ten for president, as fraud senator Jocelerme Privert did after Joseph Michel Martelly left office. It was illegal because a parliament cannot make a law, then reap the benefits of the same rule. In parallel, it is stated in Article 149 of the Haitian Constitution that the assembly can elect an interim president. Therefore, the Senate must continue to exist and represent the states. If a senator dies or goes to prison, or another judicial action is taken, the remaining senators may make laws until the last one remains. As a recapitulation, article 149 of the amended 1987 Constitution gives Haiti's ten (10) senators the power to elect an interim president. Since a country has no other compass besides the law, Ariel Henry is illegal in his Prime Minister position.
Article 149: [Amended by the Constitutional Law of May 9, 2011 / June 19, 2012]
The Council of Ministers, under the presidency of the Prime Minister, exercises the Executive Power until another President is elected in the event of a vacancy in the Presidency of the Republic, which occurs due to resignation, dismissal, death, or physical or mental permanent incapacity duly declared.
In this case, the ballot for the election of the new President of the Republic for the time that remains to complete the mandate takes place sixty (60) days at least and one hundred twenty (120) days at most after the beginning of the vacancy, following the Constitution and the electoral law.
In the case where the vacancy is produced from the fourth year of the presidential mandate, the National Assembly meets of office within the sixty (60) days which follow the vacancy to elect a new Provisional President of the Republic for the time that remains to complete the mandate.
Wilson Thelimo Louis,
Juris Doctor, MPS Candidate,
Former candidate for deputy in Les Okay and Ilavach, Haiti.