a1175: (a1171): Yvon Neptune and the Constitution: Chamberlain comments (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Greg Chamberlain <GregChamberlain@compuserve.com>

>  Dominique Cousineau writes:

>  the consitution that is "supposed" to prevent Haiti from being run like
> a dictatorship. ... Beyond the issue of Mr. Neptune's nomination, the
> problem in bending the constitution is that it sets a precedent that
> could lead to many other issues where right and wrong will not be clear
at all.

> Who could the state then appoint to decide what is right or wrong? Of
> course the judicial system, which should be obliged to respect the
> constitution when taking a decision.

> It is possible and even likely that the evolution of the country will be
> slowed down by the fact that constitutional change are hard to make
> but it will also be partly protected against arbitrairy and partisan
decisions.

____________

The Constitution is only one attempt to guarantee against dictatorship,
not _the_ certain guarantee.

Nowhere in the Constitution does it say:

-- Judges shall administer justice impartially and expeditiously.
-- Persons appointed to jobs in the fonction publique (government service)
shall possess qualifications for their position instead of being appointed
almost solely on the basis of corruption and influence-peddling.

So ignoring such obvious requirements is not technically an "offence."
They are however fundamental to the quality of governance.  Yet we seem to
be bidden to devote a great deal of energy to the question of Neptune's
citizenship.  I suggest people in general are inclined to do this simply
because the Neptune issue is infinitely easier and likely to produce quick
results (and a warm glow of satisfaction), whereas the other two points
require enormous effort from idle people in shiny suits and luxury jeeps
and do not promise satisfaction in the near future.  Even though these
issues cannot be avoided if Haiti is to move forward (unless we accept the
Poincian dream that a dictator will always be benevolent, even in a context
of very rotten political habits).

In a situation where resources are scarce, those involved surely have to
make choices.  Justice and the quality of government employees stands
little chance of improving if everyone spends their energy on Neptune's
passport.  Any more than on past cynically-manipulated irrelevancies such
as the territorial claim to the uninhabited Ile de la Navase.


        Greg Chamberlain