It allows the president to appoint the prime minister after merely “consulting” the heads of the two chambers of Parliament instead of requiring Parliamentary ratification. In cases of “presidential vacancy,” the new amendments make the prime minister the provisional president, so presidents can resign, appoint the prime minister to succeed them, and thereby maintain perpetual control.
New amendments provide that a “general budget” and a “general expenditures report” can replace line item annual budgets, thus limiting parliamentary oversight of the budget.
New amendments return Duvalier era and other retrograde laws, including:
- A 1935 law on “superstitious beliefs,” which would ban Vodun once again.
- A 1977 law establishing the Court of State Security to increase state surveillance and repression.
- A 1969 law that condemns all “imported doctrines,” thereby attacking freedom of thought and freedom of association. Violation of this new law can result in the DEATH PENALTY. The 1987 Haitian Constitution had eliminated the death penalty.
5. Restoring the army: In one of the most popular moves of his administration, President Aristide disbanded the hated Haitian army in 1995. Since the coup that overthrew Aristide for the second time in 2004, U.N. troops and police, currently numbering 8,754 uniformed personnel, have occupied Haiti. One of Martelly’s campaign promises was to restore the Haitian Army, and now new Haitian troops are being trained by Ecuador and Brazil. In addition, well-armed former military and paramilitary personnel have occupied militia camps since early 2012, supported by Martelly.
6. Return of the death squads: Martelly has issued pink identity cards with a photo for $30 to selected supporters, promising many benefits to those who hold them, like jobs and impunity from prosecution. During the Duvalier period, every Tonton Macoute received a card that provided many privileges, like free merchandise from any store entered, entitlement to coerced sex, and fear and respect from people in general.
Sen. John Joel Joseph has identified senators that he claims are marked for assassination. He identified the people who have been paying the “hit squads” on behalf of Martelly. He denounced one of the men as an escaped criminal who had been caught red handed with a “near death” victim behind his vehicle. Said victim sent the police to a house where two more victims could be found.
Sen. Joseph identified the leader of the death squad and his vehicle, denouncing the group as the one which recently assassinated a grassroots militant. He accused the president and his wife of pressuring the chief of police to remove the senators’ security detail, in order to facilitate their assassinations. He denounced a previous instance when Martelly tried to pressure former police chief Mario Andresol to integrate a hit-man into the police to assassinate Sen. Moise Jean Charles.
7. Death of a judge: Martelly set up his wife and son as head of governmental projects, but with no parliamentary oversight. A Haitian citizen, Enold Florestal, filed suit with attorney Andre Michel before Judge Jean Serge Joseph, maintaining that the Martellys were siphoning off large amounts of state monies, which the Haitian Senate has no jurisdiction over.
Judge Joseph moved the case to the next judicial level, which required depositions from the Martellys and various governmental ministers. Enraged, Martelly and Prime Minister Lamothe called two meetings with the judge – which they deny took place – to demand he kill the case, the second on July 11. The judge drank a beverage offered him at that meeting.
On July 12 Judge Joseph became violently ill and died on July 13. Haitian police arrested Florestal on Aug. 16 after viciously beating him, and Haitian authorities have issued a warrant for the arrest of attorney Michel, who has gone into hiding. A commission of the Haitian Parliament is now calling for the impeachment of Martelly based on illegal meetings with the judge, interference in legal matters and threats to those involved in the case.
Since then, Enold Florestal and his brother, who’s completely uninvolved with the case, have been arrested and remain in jail. On Oct. 22, police stopped attorney Andre Michel and demanded to search his car. He refused without a judge present to prevent tampering or planting of evidence. The action quickly turned into a standoff between police forces and a large crowd that was gathered to defend Michel. Michel was eventually summoned to appear in court the next day.
In court, the prosecutor told the judge he did not have charges to file, but for Michel to not leave the courtroom. Several deputies and senators who were present whisked Michel out of the courtroom and took him to an unknown location, where he remains at the time of this report.
8. Corrupting the judiciary and Parliament: The Martelly regime is working to establish executive control over the judicial system through the use of “controlled” prosecutors and judges. In violation of the Constitution, he appointed as Supreme Court chief justice, Anel Alexis Joseph, who is 72. Haitian law says a judge must be 65 or under to be named to this position.
The chief justice also leads the commission that regulates the entire judicial system, so Judge Anel Alexis Joseph is using his power to block an investigation into the death of Judge Jean Serge Joseph and to protect Martelly and his henchmen from all legal challenges, thereby granting impunity.
Martelly has also corrupted the legislative branch that could bring charges against members of the executive. He ordered the arrest of Deputy Arnel Belizaire in spite of parliamentary immunity and his legal counsel’s advice.
He has so far failed to call elections for 10 senate seats in January and is trying to force the 10 senators whose terms he says are up – they say in 2015, not 2014 – to leave office. Since elections have still not been held for 10 additional seats, if these new 10 seats are vacated, it would leave the 30 member Senate without a quorum, allowing Martelly to dissolve the Parliament and rule by decree.
9. Reactionary economic policy: Martelly enforces the Clinton-Bush plan for economic “development” of Haiti through sweatshops, tourism, and the selling of oil and mining rights to transnational corporations. Under this plan, money donated for earthquake relief has been used to build a duty free export manufacturing zone in the north of Haiti, which was not affected by the earthquake, and several luxury hotels in Port-au-Prince. The Clinton-Bush Haiti Fund made a $2 million equity investment in a hotel called the Royal Oasis to give foreign tourists and investors an “oasis” to escape the miserable conditions under which the majority of Haitians live.
At the same time, the Martelly regime viciously represses the economic activities of the poor super majority. The phone and money transfer taxes cut into their incomes. Taxes have been arbitrarily increased on imports, affecting small merchants. Thugs wearing masks have burnt markets in different cities, causing merchants to lose capital they had been accumulating for years, forcing them to raise new capital through usury loans. Street vendors are harassed and removed forcefully, then, after hours, their stands are looted.
10. Duvalierism returns to Haiti: Martelly warmly welcomed the January 2011 return to Haiti of Jean Claude “Baby Doc” Duvalier, one of the most brutal dictators of the 20th century, after his decades of luxurious exile in France. Duvalier still has many supporters in Haiti, some of whom are armed and have a history of killing political opponents.
Martelly’s government is filled with Duvalierists: Hardline former Haitian army officer David Bazile is now interior minister. Magalie Racine, daughter of notorious former Tonton Macoute militia chief Madame Max Adolphe, is Martelly’s youth and sports minister. Public Works Secretary of State Philippe Cinéas is the son of longtime Duvalierist figure Alix Cinéas, who was a member of the original neo-Duvalierist National Council of Government (CNG), which succeeded Duvalier after his fall in 1986. In addition, Duvalier’s son, Francois Nicolas Jean Claude Duvalier, is a close advisor to Martelly.
Conclusion: A major objective of the Duvalier dynasty was to institutionalize dictatorship through death squad brutality, supported by the United States, France and other powers. Martelly is an example of their policies having come to fruition. He’s restoring a government of impunity per the Duvalier era, building an administration of right wing ideologues who believe in dictatorship and who collaborate to sidestep all legislative and judicial controls.
His goal is to implement extreme neo-liberal economic policies on behalf of Haiti’s less than 1 percent with control over all natural resources. The people will be at their mercy for factory work and other “subservient” positions, under the boot of a U.N. occupation force of 8,754 army and police personnel, the beginnings of a restored army, paramilitary training camps, death squads, gangs and mafias that use the cover of the corrupted executive and judicial systems to operate.
The Haitian majority does not accept this return to the bad old days, however, and has been actively and massively protesting this repression for the past year. They deserve the support and solidarity of freedom loving people everywhere.
By: Charlie Hinton