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#4916: Re: #4722: Re: #4680: On: memo #4651 and previous (fwd)

From: ROODY BARTHELEMY <kreyolco@hotmail.com>

I have no reason to take personally JAALLEN's comments in response to the 
posting regarding the independence of the CEP.  We may respectfully disagree 
with one another on some details [him, on my assumptions; me, on his 
inclinations].  But while smiling at the amusing word choices I have been 
reading in the news and in the postings, I must thank Jaallen for granting 
me, with much affability on top, some apparent good faith to simplistically 
interpret the assumption(s) of the Electoral law.  I opted though for an 
objective interpretation of the latest electoral situation in Haiti in light 
of the legal canons that were drawn to regulate it. I think if there is a 
"Loi Electorale", electoral law, stating the authority of a council 
(provisory and/or permanent) with its prerogatives and boundaries, why 
should such law be needlessly amended or, worse, overlooked and violated 
without any validated cause or reason? Or much worse, be re-dictated by any 
unauthorized or illegitimate institution?

Before looking at the observations, let's notice that the CEP (under and 
post Leon Manus was infiltrated and corrupted.

Let's observe these points:
I.        <<<If we look at the composition of the CEP, all the members are  
Lavalas or have strong Lavalas leanings.  The dissenting members (three of 
them) have left before the results of the May 21 elections were promulgated. 
  It is to be mentioned that those members were the only ones chosen by the 
so-called opposition, which is no more than factions...>>>

IN REALITY: Until Mr. Manure had exposed his scandalous situation, the 
public had no idea that he, the President of the CEP, was a man of the 
Espace de Concertation (EC).  In addition to the very president of the CEP, 
three other members were also there as infiltrations on behalf of one of the 
political parties, namely the same EC nebulously known as the Opposition.  
Except for Mrs. Irma Rateau who grumbled quite loudly against the ultimatum, 
Mr. Debussy Damier and his other colleague were (formally) asked to leave by 
the same EC which interests they were serving in the CEP.  Therefore, let's 
not write "all the members ARE Lavalas or have strong lavalas leanings.  
Let's not say "dissenting members have left".  The simple thruth is (a) NOT 
ALL the members are Lavalas since Leon Manus, Debussy Damier, Irma Rateau 
&Co were IN there due to the strategic breakthroughs of the EC: infiltrating 
the nominated body to better beat the system.  When Manus left (under 
threats, said he) the others incognito EC members were still in place until 
they were formally "asked" to leave by their party (EC) in the logic of a 
political strategy that was being implemented to make them winners per fas 
et nefas in the process.  We can even remember that Irma Rateau was 
threatened by her own folks from the EC when she became publicly dissenting 
of that strategy of abandon.

II.    <<< You do not think the current CEP is independent.>>>

IN REALITY: I share your opinion on this, and I go a little further with it 
by saying its independence is only contextual. Good enough to make us revise 
the real and true meaning of independence in the case of our CEP in Haiti.  
The idea of an independence of the CEP was evoked in the context of 
electoral impartiality.  Given the conditions imposed by the Constitution, 
the CEP is, by birthright, dependent of the State (not a government). 
Impartiality, neutrality, justice, yes that's how it should be; but I doubt 
a lot the CEP can be independent of its  biological maker and feeding hand.  
And you're right when you wrote you agree that the constitution intended for 
it to be independent...

We can always have an impartial CEP, but not an independent one in the sense 
that some see it as an autonomous body, separated from the state or the 
central government, and with a sort of infaillible authority to elect and 
convict "independently" from the rest of the country, including the present 
governing administration..

When we are all wishing, preaching, promoting that things change for real in 
Haiti; when we all can agree on the urgent necessity of "un Etat de Droit" 
as the remedy to in Haiti, it is necessary for us to keep an objective, 
focused,  and realistic interpretation of the situation.  By the time I am 
writing this to post, the whole matter is already obsolete.

Sincerely, no offense taken.


In Miami too
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