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Haitian Prime Minister, Paul Evans, argues that the government can not be judge and jury in this matter by granting discharge to personalities who served under the Martelly administration.

Haitian Prime Minister, Paul Evans, has denied rumors of a draft by the Executive to grant discharge certificates to former ministers in order for them to be eligible for candidacies in the upcoming presidential, legislative and local elections.

Asked about the government's behavior in this burning issue of the electoral process, Paul argued that the executive does not intend to assign non-constitutional prerogatives. He argues that the government can not be judge and jury in this matter by granting discharge to personalities who served under the Martelly administration. This would cause an outcry, suggested Paul.

Several former ministers and Prime Ministers have vainly sought a certificate of discharge Parliament in recent years.

The Executive can not intervene in the case of discharge which is a prerogative of the Parliament and of the Superior Court of Auditors and Administrative Disputes (CSCCA), said Mr. Paul.

For former ministers clearance certificate must be issued by the Parliament after the vote in the assemblies separate bedroom.

The clearance certificate is one of the elements of the application of a former accountant of public funds. The Provisional Electoral Council (CEP) analyzes the files of legislative candidates and will soon publish a list of approved candidates for the election on 9 August 2015.

The absence of discharge is the reason for many application challenges. Several politicians have called on electoral advisers to apply the Electoral Decree impartially to ensure the credibility of the elections.


The Haitian constitution does not provide any remedy to this issue, in the absence of Parliament, which is the case right now since parliament have been dismantled due to political gridlock between Martelly and the legislative branch of government.

A certificate of discharge cannot be issued by this government, it would be a clear violation of the Haitian Constitution; these former officials, the likes of former prime Minister Gary Conille, who has already announce his candidacy for president, will have to wait for the next parliament to receive a certificate of discharge for the funds that he has managed during his time as Haiti head of government.

Lately former Prime Minister Gary Conille has been embroiled in a corruption scandal involving gold mining contracts given to Hillary Clinton's Brother-in-law.

An appeal to the Supreme Court can surely be expected, but presumably the Supreme Court cannot assume the role of parliament to issue alone these certificates without being in flagrant violation of the separation of the three branches of government. 

The next assembly will have to amen the constitution to provide a legal provision in the absence of parliament.