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13172: stanley honorat: removal of aristide (fwd)



From: stanley honorat honorat <shonorat@hotmail.com>


It is interesting to note that some people are speaking about establishing a
democracy in haiti, yet they are trying to remove constitutionally
guaranteed rights.  art. 28 (constitution of 1987) guarantees freedom of
expression.
If mr nadal, or anyone else, for that matter, chooses to express his wish to
see aristide go, that is his choice.  he should be free to express that
view.
secondly, some are writing in saying that it is unconstitutional to request
aristide's ouster.  i think that a careful reading of the current
constitution provides for a legal ambiguity and possibly opens a door for
those who are looking for his removal.  art 149 of the constitution states
that "for a presidential vacancy for any cause whatsoever..." and goes on to
stipulate what will happen next.  it is important to note that the phrase
"for any cause whatsoever" does not exclude any form of vacancy.  one can
argue that this an error in language and that art 134 states that a
president must be elected by majority vote in a direct vote (universal
suffrage); but art 149 presents at least one case that is in contradiction
to this article.  if there is a presidential vacancy states that the
president of the supreme court (or a hierarchy if this person is unable)
becomes president for a period of 45-90 days.
furthermore, a law, constitution, or political system is not a suicide pact.
  we, as people, have the right to life and liberty (universal declaration
of human rights) and if a leader jeopardizes those rights, he (gender
neutral) loses his legitimacy and therefore loses his right to lead.  for an
example of this in the international community, carefully listen to mr
bush's speech to the general assembly of the united nations on sep 12, 2002.
now, because of these reasons, and others, i feel that it is my right to
request his removal.




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