Chapter II. - Haitian Parliament and its Payments
As we saw in the first chapter, the Parliament made against
weight with the Executive power and represents a fundamental pillar in the
establishment of the principle of the separation of the capacities. In this
second chapter we will approach the various structures of the parliamentary
Assemblies in Haiti and then we will present some elements of the internal
organization of these assemblies.
Section 1 - Parliamentary Structures in
Haiti.
The existence of any Parliament answers a fundamental
question : one needs a single room or a bicameral Parliament ? A
return to the various constitutions of the Republic of Haiti will enable us to
release the essential elements which marked the monocameralism and the
bicameral system.
A. the organization of the Parliament in the
Past
Haiti knew two types of parliamentary assemblies in her
history : monocameralism and bicameral system.
a) Monocameralism in Haiti
The monocameralism it is the exercise of the legislative power
by a single room. Before 1806 one could not speak about the monocameralism,
because the constitution of 1805 did not comprise any provision relating to the
Parliament. Moreover, articles 19 to 37 of this constitution legalized the
concentration of all the executive powers and legislature between the hands of
Dessalines. And the Council of State made up of all the generals did not have
a definite function. It functioned according to the needs for the Head of the
State.
1. Organization of the legislative power in the
Haitian monocameralism.
The Republic of Haiti had only two parliamentary Assemblies
monocamérales : The Senate under the presidency of Pétion
and the House of Commons under the mode of Duvalier.
1.1. The Senate of 1806 to 1816.
The Constitution of 1806 had creates a new institution like a
counterweight with the executive power : Parliament. This Parliament was
monocaméral. Indeed the legislative power was exerted by a single
room : The Senate. The Senate was composed of 24 members for a nine years
renewable mandate per third every three years. The Senators were named by the
Constituent Assembly and exerted the legislative power in all independence.
Omnipotent, all the capacities of the president of the Republic were
transferred to him. Article 42 of the constitution made Senate the central
body of the government, agent of all the capacities and person in charge for
the management of the State. In testifies the provisions of this article of
the constitution of 1806 :
«The Senate exclusively has the right to fix
the public expenditure, to establish the public contributions, to determine of
it nature, the share, the duration, the mode of perception. To rule on the
Administration - to order, when it considers it suitable, the alienation of the
national fields...»
1.2.- The House of Commons of 1964 to 1986.
Between 1964 to 1986, the Haitian Parliament took again its
statute monocaméral. Indeed, President François Duvalier
divorced the bicameral system while making vote the removal of the Senate of
the Republic. The legislative power was exerted by a single room : The
House of Commons, which remained until the inversion of Duvalier. This Room
made up of 67 Deputies took the name of Legislative Body.
2. Relationship between the Legislature and the
Executive.
The relationship between the Legislature and the Executive
appeared generally conflict in Haiti. Under the Republic of Pétion the
Parliament in made the expenses not its dissolution and the establishment of a
personal capacity to the Head of the State ; Under the mode of Duvalier
the legislative power merged with that of the executive under the exclusive
dictation of the President of the Republic.
2.1. Reports/ratios in the Republic of Pétion.
From the Constitutional point of view, the Senate was
privileged in the relationship with the Executive. It had immense capacities
so much so that the Chief of the Executive becomes only one political figure.
However, very early a conflict burst between the large body and President
Pétion. When the Parliament wanted to fill its constitutional
prerogatives by recalling President Pétion to the order, this last
threatened it to dissolve it and the Senate ceased sitting until 1811 to
transfer all its capacity to Pétion.
In front of the contempt of Pétion with regard to the
constitutional recommendations of the Senate, and in front of its ambition to
usurp all the prerogatives of the legislative power, the Senators wrote a text
entitled : « Remonstrances of the Senate to the Head
of the State », where one can read:
« ... The Constitution was not measured
with the character of such or such individual ; it was made with the
measurement of the principles ; it is calculated so as to cover public
freedom ; and if the attributions given to the Executive power are not
more extensive, it must you remember it, President d' Haïti, you yourself
restricted them by your judicious observations. «(1)
2.2. Reports/ratios under the mode of Duvalier.
From 1964 to 1986, the Haitian legislative power formed a unit
with the Executive. Indeed, the pressures exerted against the Parliament by
Duvalier make of this last a rampart to legalize the acts of the Executive.
The removal of the Senate instituted and consolidated the dictatorial capacity
of Duvalier. This return to the monocameralism reduced the parliamentary
institution to a simple office of legislative officials appointed by the Head
of the State to endorse his acts and its intentions.
The members of the ministerial Cabinet were certainly
responsible in front of the Room. However article 117 of the constitution of
1983 recognizes with the President of the Republic the right to defer the
sessions of the legislative room. Moreover article 79 allowed him to dissolve
the Parliament in the event of conflict with the executive power.
_______________
1. CLAUDE, Brace: Constitutions and fights of being
able in Haiti, T. 1, imp. the Native one, PAP, 1997, p 41-42
b) Haitian Bicameral system
The Constitution of 1816 founded the presidential mode in
Haiti. It delegated the exercise of the legislative function to two
Rooms : The Room of the representatives of the Communes and the Senate.
It is the birth of the Bicameral system in Haiti. This one was installed
definitively in Haiti with the publication of the Constitution of 1843 and its
structures were maintained by all the following Constitutions until that of
1950.
1. Bicameral Legislative power
As we mentioned, the legislative power was exerted by two
independent Rooms : The Senate of the Republic and the House of Commons.
Each one of these Rooms was main of its organization. However to each
Constitutionnelle revision, certain modifications were made as for the fields
of competence Parliament that to its statute as being able of the State.
1.1. Composition
The Parliament is Composé of the Room of the
representatives of the communes and the Senate.
1.2. Elections and Mandates
The Room is elected by the direct vote for all in the primary
assemblies for one five years duration. The Senate is elected by the room
under the presentation of a list of candidates by the President of the
Republic.
1.3. Attributions and operation
The Parliament exerted the legislative function in
collaboration with the Executive. However, no law could be voted without the
initiative of the President of the Republic. (art 55 of the Constitution of
1816).
The legislative power was shared in an unequal way between the
Senate and the House of Commons : Indeed, article 125 of the constitution
of 1816 stipulates that:
« The laws voted by the Room of the
representatives must be issued by the Senate which has moreover the privilege
to elect the President of Haiti, To sanction the trade or alliance, peace
treaties with the foreign powers and to approve the declarations of war.
«
With the revision of the Constitution in 1843, the legislative
power was thus reinforced and the Parliament shared with the Executive the
initiative of the laws on all the objects of law and order. Thus the Executive
is put under the permanent control of the legislature. The Ministers or
Secretaries of State were responsible before the Parliament and the idea of a
Prime Minister Chief of the Government appeared, because it is expected that
the ministerial Cabinet is directed by a minister carrying the title of
President of the Council of the Secretaries of State.
2. Relations between the Parliament and the
Governments
The various constitutional revisions were generally a way of
directing the any power of the authority of the State towards the legislative
power with the detriment of the Chief of the Executive or towards the chief of
the Executive to control the Parliament. Thus certain constitutions made of
the President of the Republic a true omnipotent chief having the initiative of
the law, the right of veto, the right to dissolve the Parliament..., others
reinforced the parliamentary authority by the control of the executive power,
the responsibility for the Secretaries of State or ministers in front of the
Parliament, the election indirect of the Head of the State by the Room and
nonthe dissolution of This one.
2.1. Legislative power with the profit of the Executive.
The authority of the President of the Republic in the
exclusive initiative of the law, its right of veto and that to dissolve the
Room were devoted in various constitutions of the Republic. The election of the
Senate by the House of Commons on a list of candidates introduced by the
President of the Republic makes of this last a potentate within the legislative
power. Thus the Head of the State could make failure with the Room by the
means of the Senate which shared with it the legislative power. One finds in
the constitutions of 1816 and 1874 an article which grants the
Législative power at the same time to the Executive and with the
Legislative Body. By the Senate the President controlled the capacity, it
could make failure at the Parliament by issuing the strike of the bills. (1)
________
1. CLAUDE, Brace: COp, city, p 75
B Parliament in Comparison with the Constitution of
1987.
After twenty two years of monocameralism in Haiti, the
revolutionary movements which led at the beginning of the mode of Duvalier
carried our components to adopt a new political system which recommends the
return to the bicameral system. In this part we will approach the legislative
power and its fields of competence in the constitution of March 29, 1987.
a) Haitian Legislative power
The Constitution of 1987 gives rise to a bicameral Parliament
composed of and the Senate House of Commons of the Republic.
1. House of Commons.
The House of Commons is composed of the representatives of the
people elected by the direct suffrage by the citizens in each electoral
district and performs with the Senate of the Republic the functions of the
Legislative power.
1.1. Elections and Mandates
Each deputy is elected in the majority absolute of the votes
cast in the primary assemblies. The term of the office of the deputy is four
years renewable. The mandate of the Room constitutes a Legislature.
1.2. Conditions D `eligibility
Article 91 of the Constitution of 1987 stipulates
that :
« To be member of the House of Commons
it is necessary :
1. - To be Haitian of origin and not to have never
given up its Nationality ;
2. - To be twenty five (25) years old
accomplished ;
3. - To enjoy its Civil laws and Political and not
to be never condemned to an afflictive or defamatory sorrow for a crime of
common right.
4. - To have resided at least two (2) years
consecutive preceding the date by the elections in the electoral district to
represent.
5. - To be Owner of a building at least in the
district or to follow an occupation or an Industry
there ;
6. - To have received discharge, if necessary, as
manager of public funds. »
2. Senate of the Republic.
The Senate is composed of the representatives of the
departments of the Republic. The members of the Senate are elected by the vote
for all in the majority absolute in the primary Assemblies.
2.1. Elections and Mandates
The Senators exert the legislative function with the Deputies.
They are elected for six years and are indefinitely re-eligible. The renewal
of the Senate is done per third every two years.
2.2. Conditions of eligibility.
Article 96 of the Constitution of 1987 shows article 91 of
this same Constitution with light modifications relating to the age and the
years of residence of the Senator. Thus, the Senator must be thirty years old
accomplished. He must reside in the Department to represent at least four (4)
Consécutives years preceding the date by the elections.
b) Exercise of the Legislative power.
The constitution of 1987 devotes the principle of the
separation of the capacities. The legislative power is exerted by the
Parliament : The House of Commons and the Senate. Each Room is
independent and shares following attributions :
1) the vote of the Law (art 111, 120)
2) The interpretation of the Law (art 128)
3) Interpellation of the Government (art 129-2, 129-3,
172)
However, the Constitution establishes a certain exclusive
field with regard to respective attributions of the French National Assembly
and Senate, House of Commons.
1. House of Commons
Article 90 stipulates that :
«The House of Commons, in addition to
Attributions which are reserved for him by the Constitution as a branch of the
Legislative power, has the privilege to put in charge the Head of the State,
the Prime Minister, the Ministers and the Secretaries of State by front High
the Court of Justice, by a majority of the 2/3 of its members... »
(cf art 186)
2. Senate of the Republic.
Article 97 stipulates that :
«The Senate proposes with the Executive the
list judges of the Supreme court of appeal according to regulations' of the
Constitution and can set up into High the Court of
Justice...»
The Senate gives its approval to the choice of the
Commander-in-chief of the Police force, with that of the ambassadors, Consul
generals and boards of directors of the autonomous organizations (art 141,142).
The Senate elects the members of the Higher Court of the Accounts and the
Administrative Dispute (art-6), while it subjects the Candidature of those of
the Supreme court of appeal on the list of three (3) people per Siège
for the President of the Republic (art)
3. Of the French National Assembly
The French National Assembly it is the meeting of the two
branches of the legislative power in only one Parliament. She has as exclusive
attributions :
1) To receive the Constitutional Oath of the
President of the Republic ;
2) To ratify any decision, to declare the war
when all the attempts at Conciliation failed ;
3) To approve or reject the treaties and
International Conventions ;
4) To amend the constitution according to the
procedure which is indicated there
5) To ratify the decision of the executive, to
move the seat of the Government in the cases determined by the article first of
this Constitution ;
6) To rule itself on the appropriateness of the
state of siege, to stop with the Executive the Constitutional guarantees
suspending and to come to a conclusion about any request for renewal of this
measurement.
7) To contribute itself to the training of the
Permanent Electoral Council in accordance with article 192 of the
Constitution.
8) To receive with the opening of each Session,
the Assessment of the activities of the Government. (art-3)
Section II - Rules of procedure of the Parliament
since 1987.
Since the new Constitution of 1987, the country is with its
third Legislature. The establishment of the interior rules to the organization
and the operation of the Parliament remains a unsolved problem. In this
section we will review the payments which followed one another since, and will
present the framework of reference of the operation of the 46ème
Législature.
A- First Payments.
The innovations brought in the legislative function by the
Constitution of 1987 led our members of Parliament to adopt new payments to
fulfill the requirements of the new bicameral mode. Each room is independent
and main of its payments. Thus, the various legislatures adopted general rules
relating to the operation and the organization of any Parliament and tried to
observe their own rules voted by the assembly.
a) Payments of the Senate
Since the re-establishment of the Upper House by the
Constitution of 1987, the Senate forever have its own payments. However the
Senate organizes its work by provisions drawn from the former payments, habit
and parliamentary jurisprudence.
1. The framework of reference of the Senate of the
Republic.
The internal organization of the Senate of the Republic is
based on texts regulating the former senatorial assemblies and the House of
Commons. The Senate adopts general theories for the formation of its internal
bodies and the behavior of the Meetings.
2. Practices of the Senatorial Parliament.
The rules of procedures are the fundamental element of the
legislative process. To mitigate the inexistence of these rules, the Senate of
the Republic applies parliamentary jurisprudence and the doctrines of the
parliamentary right. Admittedly, one is pilot of a certain negligence and
inconsistency in work, but the Senators could vote laws, adopt resolutions,
ratify the Prime Minister, exert a control on the government and contribute to
the formation of other institutions envisaged by the constitution such
as : the Court Superior of the Accounts and the Administrative Dispute,
the Provisional Electoral Council, supreme court of appeal etc
In addition, the Senate finally adopted its first rules of
procedure in June 1996. However for lack of rules of procedure and its
inadequacy to the standards in force the Senators agreed not to apply them. We
will bring from there some precise details in our next subdivision.
b) Payments of the House of Commons
Contrary to the Senate of the Republic, the House of Commons
adopted its rules of procedure. Indeed, its payments were conceived by the
44ème Législature which unfortunately was dissolved in June 1988
after five months of operation. 45ème A took again its payments and
brought certain amendments.
1. Tally of reference of the rules of procedure of the
House of Commons
The 44ème Législature had not had time to apply
its rules of procedure. Moreover, the vote of the final document had not taken
place yet and the Room was dissolved.
February 5, 1988 the Room had modified some Articles of the
Regulations of 1953 and had thus established its framework of reference for its
organization and its operating mode. This payment had took again the same
titles as that of 1951 and there were no rules of procedure. The Deputies of
the 44ème Législature adopted the general principles of right
parliamentary and created new bodies of working procedure required by the
Constitution.
2. The Payment of the Deputies of the 45ème
Legislature
June 11, 1991 the House of Commons voted the first rules of
procedure of the 45ème Législature. This payment comprises new
titles or chapters which were ignored up to now in our parliamentary culture
such as: like those creating the parliamentary groups or the conference of the
presidents.
Article 41 stipulates that:
«The Deputies can gather by political
affinities. No group can include/understand less than ten Deputies. The groups
are constituted while giving to the president of the Room a signed political
declaration their members, accompanied by the list of those. These documents
are published in the Monitor.
A Deputy can form part only of one political
group. The deputies who do not belong to any group can adhere to the group of
their choice with the approval of the office of this group. They count for the
distribution of the seats in the commissions «.
The participation of the political groups is determining in
the work of the Parliament, thus article 45 stipulates that:
«Once per week, per hour and the day
envisaged by the office of the room, the secretariat convenes the chairmen of
the political groups to the conference of the presidents which is taken place
under the direction of the president of the office, also the presidents of the
commissions with advisory voice take part in it».
Article 45-1 rules on the voting rights to the conference of
the presidents. Thus, only the chairmen of the political groups or their duly
elected possible substitutes have voting rights proportional to the manpower of
their group.
These provisions devote political pluralism definitively and
make place with the emergence of a constructive parliamentary opposition.
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