On Wednesday January 28, Prime Minister Ariel Henry chaired his first Council of Ministers around the Government's overall vision for the interim period, the situation of public finances and the urgent measures to be adopted.

However, in wanting to revoke the decree creating the National Intelligence Agency (ANI) to distinguish itself from the late President Moïse, appearing in item 7 of the agenda, he encountered opposition from Rénald Lubérice Secretary General of the Council of Ministers as well as that of several ministers.

Note that Rénald Lubérice was not present at this Council having explained his absence related to item 7 of the agenda in a correspondence addressed to Henry.

Excerpt from correspondence :

"Mr. Prime Minister,

Item 7 of the draft agenda of the Council of Ministers scheduled for this Wednesday, July 28, 2021 at 10:00 a.m. is a flagrant violation of article 159 of the Constitution.

[...]

Consequently, and for the respect of the memory of the President of the Republic, His Excellency Mr. Jovenel Moise [...] I see myself in the obligation to be absent from the meeting this morning. I therefore wish you a very good Council of Government [...]"

Recall that Article 159 of the amended 1987 Constitution states : "The Prime Minister enforces the laws. In the event of the President of the Republic's absence or temporary incapacity or at his request, the Prime Minister chairs the Council of Ministers. He has the regulatory power, but he can never suspend or interpret laws, acts and decrees, nor dispense with executing them. Its regulatory power is exercised by Order of the Prime Minister."

After more than 30 minutes of heated discussions, at the risk of seeing the Council of Ministers canceled, Ariel Henry backed down and item 7 was finally withdrawn from the agenda.

TB/ HaitiLibre