a1151: Re: a1137: Re: On the question of Yvon Neptune's Citizenship: Poincy replies to Corbett (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: "[iso-8859-1] Jean Poincy" <caineve@yahoo.fr>

Bob, I have no quarrel with the essence of your
position. I, myself, am for the strict observance of
the law. However, when looking at the lawlessness
state of Ayiti today, it is evident that the problem
can't be fixed by sticking to the law.

Observing the law to the letter would cause more harm
than not doing so. The simple reason is that Ayitians
do not know what law is all about. Look at the
situation today: Ayiti is in this mess because the
challengers want those holding power to go by the
book, when they would not do any better themselves. By
just the way they behave on the opposition bench, one
can tell how they would do if their role was inversed.

The difficulty began since Aristide had picked Rene
Preval as his prime minister, in 1991. Although
approved against the strong will of some, he had a
hard time to conduct his duties. The opponents felt
then that Aristide had breached the constitution by
not consulting the legislative branch. We can go on.
Today's stalement is a product of such.

Because each party feels that its position is
constitutionally correct, they fail to comprehend the
give and take concept to never cooperate not once on a
critical issue. Consequently, the country came to a
full stop. If there were no such laws to follow, I bet
you the process would be fluidic. One or a group would
bring forth ways of doing things and the rest would
follow.

Do I say that every official should go and do the
contrary to what the constitution prescribes? No!
Whenever, you find a violation of any sort, there is a
reason for it. An attempt to understand the underlying
cause of it is a better approach than trying to force
the prescribed way to work.

We all know that a nation does not get up one day to
decide to live by the law. That has to be injected in
their system drop by drop, until it flows in their
blood stream. Do we ask ourselves the question why
Ayiti in its short existence has that many
constitutions. The simple explaination is that they
were always violated. They were violated because they
were not appropriate to the reality.

Now that Ayiti has a constitution by which everyone is
vowed to live by because it was born from a democratic
trend, we feel that it should be observed fully even
if it has been violated from left and right since its
inception. I am not saying that we should not make an
effort to live by it as close as possible, but
considering the circonstances Ayiti is in today where
basic problems are to be resolved, trying to see how
close the authorities live by the constitution is
irrelevant because there are more pressing issues to
care about, like enabling the country to feed its
people.

Does one mean to tell me if the man had the magic
formula to make things work we would prevent him from
applying it because according to the rules he is unfit
to do so. That would be an aberration. We have basic
human problems to solve and anything as the sole thing
that would solve it should make irrelevant any
obstructing laws.

Laws of societies are not absolute and are man made.
They are made for a reason. The reason of their
existence comes first. For if the former changes there
is no reason to try to bend new conditions to the
latter.

It takes longer to make new laws in response to new
situations than the situations are changing
themselves. In that case do we let a people stranded
because the current laws don't respond to new
situations, or do we just ignore the laws to manage
the new situations, or do we begin to create new laws
to respond to the new situations? Which is it?

If we don't opt for ignoring the laws we sure will let
the people hanging as it is the case today in Ayiti.
Indeed, the people are left hanging dried under the
scorching sun because the political actors are so
sensitive in making the constitution work or to make
things right.


Ayiti has lived, lives and will live
Mozeb





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