Negotiating Stability: The Formation of Haiti’s Presidential Council
Context for the Formation of Haiti's Presidential Council
On February 29, 2024, de facto Prime Minister Ariel Henry of Haiti undertook a diplomatic trip to Nairobi, Kenya, following his involvement in the 46th Ordinary Meeting of the Caribbean Community (CARICOM) Heads of State and Government in Guyana. In Nairobi, Henry aimed to finalize the Memorandum of Understanding with the Kenyan government that would allow the deployment of at least 1,000 Kenyan police officers to Haiti as part of a multinational, UN-backed security mission led by Kenya, focusing on combating the increasing gang violence in Haiti. This effort was crucial for strengthening Haiti's law enforcement following persistent violence over the past two years. During Henry's diplomatic trip, armed gangs attempted to seize control of Toussaint Louverture International Airport in Port-au-Prince, leading to its temporary closure, and also symbolizing the escalation of gang dominance. In response, the Haitian government declared a state of emergency.
As the crisis intensified with massive prison breaks releasing over 4,000 inmates, Henry found himself stranded in Puerto Rico due to airspace restrictions in Haiti and the Dominican Republic. This period saw escalating demands for Henry's resignation amid the chaos, emphasizing the urgent need for decisive and effective leadership. Amid this turmoil and growing calls for political change, the formation of Haiti's Presidential Council was initiated, marking a critical juncture in efforts to navigate the country’s political and social crises, aiming to restore stability and effective governance considering the prolonged violence and uncertainty.
The Formation of Haiti’s Presidential Council Amid Political Transition
U.S. Secretary of State Antony Blinken's arrival in Jamaica on March 11, 2024, for the CARICOM Summit signaled heightened international concern and involvement about the situation in Haiti. Additionally, the escalating political and humanitarian crisis in Haiti prompted a proactive response from Haitian stakeholders, who called upon the Caribbean Community (CARICOM) to serve as a mediator as they initiated discussions to address the nation's governance vacuum. This move set the stage for a series of negotiations that led to the creation of the council. CARICOM Chairman Dr. Mohamed Irfaan Ali praised the Haitian stakeholders' collaboration and the key role of the importance of the Transitional Presidential Council stressing its diverse member selection.
Following CARICOM's meeting, de facto Haiti's Prime Minister Ariel Henry announced his resignation, stating, “The government that I am leading will resign immediately after the installation of [a transition] council.” A resignation aligned with both Haiti's internal and regional political consensus to address the crisis.
The Presidential Council
To form Haiti's Transitional Presidential Council, Haitian representatives, and CARICOM established several criteria, laying the groundwork for effective governance amid the involvement of various political and economic actors in drug trafficking, crimes, and corruption:
Members should abstain from any form of participation in the upcoming elections.
Potential members should have no prior judicial convictions.
Members should not be under any accusation or indictment in Haiti or internationally.
Members must adhere to the UN resolution 2699 on deploying a Multinational Security Support Mission in Haiti.
The representatives agreed on a council of nine (9) members, including:
Seven (7) voting members.
Two (2) observers from the religious sector and civil society.
The political entities and their representatives:
Current Updates on the Presidential Council Formation
Resigning PM Ariel Henry, on March 29, via a Ministry of Communication note, confirmed the receipt of a list of nine proposed members for the Presidential Council from CARICOM, marking a significant step in its formation. Subsequently, on March 31, the note mentioned that the PM also received a draft decree from CARICOM outlining the council's creation and functions. On April 1, the Council of Ministers received these documents and reviewed them to ensure compliance with Haitian laws, addressing initial legal gaps.
On April 3rd and 4th, efforts ensued to align the Council of Ministry's draft decree on the creation and functioning of the Presidential Council with the broader political agreement created among Haitian stakeholders, making the presidential council. This involved text modification of the draft to reflect consensus on Haiti's transitional governance. The finalized decree would be signed by the Council of Ministry and published in Le Moniteur—Haiti's official government publication for laws and other legal announcements.
In a statement published by the Presidential Council, on April 5th, it established a roadmap for the transitional period of the Presidential Council, alongside the next consensus government. It details the governance model during the transition and its mission, vision, and the principal responsibilities of its institutional structures, and outlines its priority actions:
Restoring public security,
Organizing a National Conference and Constitutional Reform,
Conducting democratic and participatory general elections,
Restoring justice and the rule of law,
and achieving institutional and economic recovery.
The council promised to adhere to values and principles such as inclusion, citizen participation, and the protection of national sovereignty, among other things.
The Functions and Powers of the Presidential Council
The Political Agreement establishes a framework for Haiti’s transitional governance, detailing the functions and powers of the Presidential Council:
Section II (Article 2): Establishes three branches:
The Presidential Council.
The Transitional Government, headed by a Prime Minister.
Branch for Government Oversight - Organe de Controle de l’Action Gouvernementale.
Section III (Articles 3-5): Establishes a nine-member Presidential Council, prohibiting members from election participation to ensure a focused transition.
Section IV (Articles 6–8): Outlines the Prime Minister's selection by the Council to form a non-partisan cabinet, barring them from future elections.
Section V (Articles 9–10): Constitutes a 15-member OCAG emphasizing executive control with a commitment to gender balance and diaspora involvement.
Key missions and responsibilities include:
Section VI (Articles 11–17): Prescribes constitutional adherence and institutional stability, terminating the Council’s mandate on February 7, 2026.
Section VII (Articles 18–21): The government under the Prime Minister prioritizes national security, election integrity, and socioeconomic initiatives.
Section VIII (Articles 22–24): Entrusts OCAG with the oversight of government operations until the legislative body's induction.
Further provisions:
Section IX-XI: Establishes bodies to enhance national security, set constitutional reforms, and prepare for elections with integrity and transparency.
Section XII-XIV: Advocates for judicial improvements, economic recovery, and transparent administrative practices.
Sections XV–XVI: Solidify the accord with sector collaborations, legal compliance, documentation requisites, and an open invitation for additional signatories.
As Haiti looks to shape its future, there are talks of the Presidential Council forming a new governance structure. The political agreement which will define the functions and power of the structure, will act as a building block of the government. The aim is to create a transparent path toward stability and growth, with a focus on upholding democratic values. The potential branches of this structure would work to ensuring the 1987 constitutional adherence, national security, and a transparent electoral process. This approach signifies a proactive step toward institutional resilience, a commitment to democratic principles and inclusive governance.
Haiti Policy House is a not-for-profit institution focusing on Haitian public policy issues. Its research is nonpartisan. Haiti Policy House does not take specific policy positions. Accordingly, all views, positions, and conclusions expressed in this publication should be understood to be solely those of the author(s).
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