1. Commission of conciliation
The commission of conciliation is created if there would be a
dissension between the legislative power and the executive power. In its
composition, according to article 206 of the constitution of 1987, it is
necessary to have the president and the vice-president of the Permanent
Electoral Council. The STOCK not being effective, one does not have any means
to form this commission.
The 46ème legislature of the Haitian Parliament
ratified the declaration of general policy of the Government of Rosny
SMARTH, that implies that it would be laid out to support the economic
reforms of the Government as it was a question in the statement of the
political program. However the iron arm opposing the Government to the
Parliament led to the resignation of the Prime Minister. Here is a question
which this commission could have solved thus avoiding with the country a crisis
of gouvernability and all the repercussions harmful that this one
implies.
2. Commission of press and public relations
Article 29-1 of the payments of the House of Commons
stipulates that: «It is created within the Parliament a
standing committee called: Commission of press and public relations of which
the goal is to make known with the public the results of work of the House of
Commons...». With the fact, the Parliament could benefit
from this commission to have an image through the media and to fully play its
part in the Haitian political system.
Arthur Siegel (1) pled in favor of a platform of the
parliamentary press. This one was to be seen like integral part of
parliamentary work and the Parliament should safeguard this service in order to
inform the public about the activities which proceed in its center.
Moreover, the commission of press and public relations is a
body of diffusion of information on the activities at the Parliament. Thus the
citizens would have the knowledge of the procedures and legislative
attributions and could see whether the Parliament fulfills well her functions
with regard to the study, the improvement and the adoption of policies and
legislative measurements according to regulations' of the constitution and the
payments in force (2).
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1. SIEGEL, Arthur: Politics and the media in Canada,
National Parliament, Quebec, 1996, p 206
2. LANDRY, Pierette: Parliament and media of
information, conference on the parliamentary action in democracy, PAP,
1997
B- Problems encountered in the legislative
procedure
The absence of rules of procedures législatrices
handicaps the correct operation of the Parliament. Deputies and Senators
evolve/move in an atmosphere of tension where with each particular situation
they do not have any rule like reference. Also they obliged to plagiarize in
the habits external or jurisprudence of the other Assemblies.
a) Difficulties in the application of the rules of
procedure
All parliamentary work rests on procedural bases. The
procedures of the Parliament are controls by the law, its payment, its rules of
operation and the orders which it adopts.
With the 46ème legislature, the procedures are not the
subject of a law, i.e., are not contained in a reference document. The
procedure is given by taking account of the antecedents and the uses of the
Parliament. Certain times, the members of Parliament do not find the consensus
on the practice of the former Assemblies for lack of collections of
decisions concerning the parliamentary procedures.
It is known that parliamentary work consists in making laws
and to control the Executive. The rules of procedure determine the time between
the stages of the development and the vote of the law as well as the decisions
which the commissions in the exercise of the supervisory powers must make. In
Haiti, in addition to the deficiency of technical experts and materials at the
Parliament, the omission of time in the legislative procedures constitutes a
loss of earnings for all the system. This constraint would have reinforced the
producing capacity of all the Parliament. Thus, the working hours of the
commissions, the regularity of the plenary meetings of the Parliament, in a
word the management of parliamentary work could be improved and the institution
would discharge with much more effectiveness of the mission which was reserved
to him by the laws and the payments in force.
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