a1174: Get Rid of That "Haitian Citizens ONLY" policy (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Jean-Marie Florestal <sonice1953@yahoo.com>

Keyword: Neptune

If you follow Poincy’s argument regarding Yvon
Neptune’s eligibility to become Prime Minister, two
"Wrongs" make a "Right." It is wrong that the Haitian
Constitution denies eligibility to the leadership of
the country by Haitians who have dual  nationality.
But it is equally wrong to ask those responsible to
uphold the Constitution to blatantly disregard it.
While it is true in mathematics that two negatives
make a positive, it does not apply in public
administration. What is wrong here is a bad law that
may deny competent and honest Haitians from rescuing
the sinking ship that is our country today. God only
knows how much those competent and honest Haitians are
scarce today.

Most Haitians who left the country to become a
diaspora did it with many reservations. Many of them
left because of political persecutions. And the
majority of the rest left because there were not
enough opportunities available to them in the country.
Most of them wanted to return. But the worsening
conditions of the country make the return always
postponed. And to take advantage of all the
opportunities available to them living outside of
Haiti, they had to adopt the nationality of the host
country. While living outside, they acquired
knowledge, wealth, and new skills that are essential
for Haiti’s future. To deny them the right to
participate in the rebuilding of the country is self
defeating and short-sighted.

While the diaspora should not have been denied
participation in the leadership of Haiti, we cannot
advocate disobedience of the constitution. Such act
would lead to more chaos than already existed in
Haiti. The country has a bad history of its leadership
disregarding its laws. This is the time to ensure that
the rule of laws is the guiding light of the country.
If a lawmaker or an executive can disregard the
constitution because of the potential good of the
country, that same argument can also be used to
justify illegal acts to further his/her political
goals - Francois Duvalier used this argument all the
times to maintain his reign over power. In so doing,
we weaken our laws, our institutions - whatever is
left of them - and the country becomes less manageable
than it is already.
For all the reasons mentioned by Poincy, Antoine and
many others on this list in the past, article 157 –
and I am here referring to Joseph Alfred’s quote – was
badly written. The proviso for excluding those who
"renounced Haitian nationality" should have been
defined in such a way that just having dual
citizenship alone is not a criteria of ineligibility.
It would have to be done in conjunction with other
acts, such as taking arms against Haiti, etc., to be
defined as renouncing Haitian nationality. It is time
to get rid of this poorly written law. Not because it
protects the jobs of those who stayed in Haiti while
things were going bad, but because it is denying to
Haiti what many outside of the country consider its
only chance of survival. That is the access to that
pool of skilled labor and capital that are badly
needed for the rebuilding of the country.
If Mr. Neptune really has an American passport, it is
ironic that he had not used his influence while in the
Senate to get rid of that shortsighted law. Having
said that, I am not giving up on Mr. Neptune’s
nomination if it turns out that he has dual
citizenship. I believe those who want him there should
have two choices. One is to challenge the definition
of "renounced Haitian nationality" all the way to the
Supreme Court, if it is possible. The other is to
muster the political capital and repeal the bad
portion of the law. If those two options are not
possible, then we have no other choice but to obey the
laws. The only problem with my options is that they
take time. The country already had enough problems
waiting for solutions that it cannot afford another
delay. An easier way out is to find another nominee,
and fast. President Clinton did it with Loni Granier.

As strange as it sounds, emotionally I agree with
Poincy on that one. But again, the cost of bypassing
the enacted constitution is too big a price to pay.
The only solution to this problem in the future is to
get rid of that law that many have already proved to
be counterproductive to Haiti’s development.

Jean-Marie


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