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9792: Poincy has questions for the list (fwd)

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

I have a few questions for the list about the
temporary CE (Conseil Electoral provisoire). Please
help and thank you in advance.

During elections period political talks revolve around
forming a temporary CE. However, there is no provision
in the 1987 constitution for such. Indeed, the
constitution talks only of a permanent CE which would
last 9 years (articles: 191 & 192) to organize
elections. This permanent CE would be formed by newly
elected officials.

To begin, elections must be held to have newly elected
officials who would form a permanent CE in return.
Somehow, the first elections must be organized, but
how if there is no permanent CE already in place? The
constitution does not make room for that. It seems
quite logical to have a one time temporary one; hence
the "CE provisoire" around which there are so much
political turmoil.

Unless I miss something in the constitution and please
point it out to me if that's the case. At any rate, if
I am correct, that's a major flaw in the constitution
not to guide the authorities in conducting the first
elections. Nonetheless, the politicians did come up
with a political artifice to every sector's
contentment. Everybody seems happy about the temporary
CE without questionning its legality.

Here come my questions: how did they go about the
decision on forming a temporary CE as a "one time
thing" to organize the first elections? Were there any
legal proceedings for it? I don't know at what point
they thought of it. Was it under Pascal Trouillot (she
organized the elections that brought Aristide to
power) or Henry Namphy (under him elections were
held)? Did those two guys decided that way or else?
Don't we think that the constitution should have made
provisions for the organization of the first elections
to avoid all the commotions?

I would appreciate greatly any reply. Thanks again.

Ayiti has lived, lives and will live

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