Urgent appeal: A call for constitutional clarity in Haiti’s crisis
Mr. President Joe Biden,
With great enthusiasm, I take this opportunity to welcome your administration’s long-awaited statement in favor of mutualizing Haiti’s indigenous armed forces, according to a holistic approach to national security. Haitian observers are grateful for General Russel Honoré’s timely support, dedicated to the suffering Haitian population: a true American spirit. Of course, Haiti’s military (Forces Armées d’Haiti (FAdH)) must be an essential part of the equation, as armed gangs are likely to mutate and resurge without warning—a phenomenon I have dedicated over a quarter-century of research and concrete actions to, as an interplanetary defense and security scientist.
With vocal cords imbued with Haitian blood spilled on battlefields alongside U.S. soldiers, I demand respect for the laws of our land: Haiti, Mr. President. I have documented a pattern of law-breaking activities leading to the current humanitarian crisis in Haiti. Above all, the CARICOM-imposed Transitional Presidential Council (TPC) has been offensive enough to ignite a dormant revolutionary movement: for a « Grenadier, » no sacrifice is too great to defend the territorial integrity of this piece of land, with the support of over 1.6 billion people (African Union and its diaspora). We expect a new or abrogated UN resolution, with AOS support without Leon Charles, not Kenya, Sir.
Therefore, I respectfully invite you, Mr. President, to consult with the best constitutional scholars on the issue before committing U.S. assets to this shady TPC, for the following reasons:
• Haitian authorities, in addition to coercing several U.S. officials, have not been candid with you regarding: (a) Haiti’s undisturbed 1987 Constitution (Art.149); (b) abusive use of « Conseil des Ministres » to deceive for personal gain (Art. 154/Const.; Art. 29/Decree versus 159/Const.); (c) bogus constitutional crisis claim (Art.5; 40; & 284.4). But, as a trained lawyer, Mr. President:
• You know, as State Department, White House, and Justice Department officials are in a position to confirm, that previous attempts to amend Haiti’s 1987 Constitution had failed, and current claims of constitutional crisis are fueled by competing interest groups;
• You know, as State Department, White House, and Justice Department officials are in a position to confirm, that Article 149 of the Haitian Constitution clearly and explicitly bestows presidential powers to Haiti’s equivalent of the U.S. Supreme Court (« La Cour de Cassation »), as opposed to seven (7) warring political parties, with a majority linked to ferocious armed gangs;
• You know, as State Department, White House, and Justice Department officials are in a position to confirm, that Articles 154 (Const.) and 29 (Decree Special no.6, May 20, 2005) confirm the expiration of the powerful « Conseil des Ministres » institution upon President Jovenel Moise’s death, thereby rendering all government decrees and « Arrêtés » deceitfully claiming broad executive powers null and void, ipso facto;
• You know, as State Department, White House, and Justice Department officials are in a position to confirm, that the formal complaint, filed and signed by all wishful TPC members, rightfully points to instances of « denaturation » and « alteration of material facts » attributed to Decree no.14 (failing to establish said Council); and
• You know, based on the foregoing material facts as well as stated legal references, that Decree no. 14, Arrêté no. 14-A, and Arrêté no. 15 are in effect: legally, politically, and diplomatically, making the creation, promotion, and installation of the formally rejected TPC an illegal act under Haitian, U.S., and related international laws or conventions.
As a remedy, it is still reasonable, legal, and constitutionally sound, Mr. President, for Lt.-General Jodel LESAGE to consult with his defense and security counterparts, in the hope to apply Article 149’s remedy to this dire Haitian crisis, as duly vetted members of the defunct TPC are allowed to play a role on the impending special presidential advisory board, following a newly issued decree, which is no longer stained by the abusive and deceitful use of « Conseil des Ministres /Council of the Ministers » powers, as a scheme to deceive the international community, the American people, and the Haitian population: a win-win scenario. Where the letter of the law might appear gray, the spirit of Article 149 remains sky high, awaiting to be captured, Mr. President.
It was deeply offensive for by CARICOM negotiators to impose UN Resolution 2699 as sine qua non condition to the Haitian people, while claiming « absence » of foreign interference in Haiti’s internal affairs, given what we know today. We should not expect the installation of this ill-conceived TPC, for the latter is loaded with seeds of elections frauds and foreign interference.
For the records, Mr. President, I have been compelled to remind all concerned parties, at home and abroad, that I have served U.S. and NATO interests for over a quarter-century, as part of a three-generation commitment (see Turnbull & French-Saudi dispute files). As a result, I publicly challenge institutions as well as individuals involved in targeting Haitian, French and Saudi scientists to cover-up institutional failures, in the wrong name of national security to stop, Mr. President.
I honored my commitments and I owe the ultimate sacrifice to my country: Haiti. Henceforth, I will do for Haiti what I have done for U.S. and allies in the last 25 years. I need to serve my country without any threats from anyone. I will not be intimidated.
Respectfully submitted [in the spirit of Article 149],
Berg P. Hyacinthe, Ph.D.
