In this decree of 45 articles (pending publication signed by all members of the Presidential Transitional Council (CPT), the Council has given itself all the powers (article 20 to 25 and adding in the Article 28 to exclude nothing "all presidential powers not specified in this decree are exercised by a simple majority by the members of the Presidential Council." suffice to say that this is a question of an almost absolute power...

"The Presidential Council ensures that the Prime Minister and ministers meet the eligibility criteria defined by the Constitution. However, given the exceptional situation of the Transition, and in the spirit of the political agreement reached between the stakeholders, special considerations are made in article 17 paragraphs 1 (being Haitian of origin and not having renounced their nationality); 4 (being an owner in Haiti or practicing a profession there) and 6 (having received discharge from one's management if one has been accountable for public funds) of article 157 of the Constitution."

By this unilateral change in the Constitution, the Presidential Council considers that these requirements may no longer be mandatory.

Adding in the final provisions, to ensure there are no obstacles in the exercise of this transition : "This Decree repeals all laws or provisions of laws, all Decrees or provisions of Decrees, all Decrees-Laws or provisions of Decrees -Loui which are contrary to him [...]"

For all the details :

Download the complete decree (pending publication, PDF in French): https://www.haitilibre.com/docs/projet-decret-08-04-2024.pdf

Download the full text of the signed agreement (pending publication, PDF in French ): https://www.haitilibre.com/docs/accord-politique-pour-une-transition-pacifique-et-ordonnee.pdf

Tuesday April 9, 2024, the political agreement and the draft decree establishing and functioning of the Presidential Council have still not been published in Le Moniteur. The Council of Ministers on Tuesday evening did not allow the Government to decide on the political agreement and the draft decree establishing and functioning of the CPT. The Council of Ministers continues this Wednesday.

Let's remember that according to the decree, the duration of the Council's mandate begins on the day of publication in the official journal.

HL/ HaitiLibre