By The Haitian Pulse Editorial Team
May 24, 2025
In the latest twist of Haiti’s deepening political labyrinth, leading constitutional lawyer and Port-au-Prince Bar Association President, Me Patrick Pierre-Louis, has issued a bold and sobering assessment: the current constitutional process being championed by the transitional authorities could ignite a legal and democratic breakdown.
The submission of a constitutional draft to the transitional executive just days ago might appear to many as a step toward institutional stability. But for legal purists like Me Pierre-Louis, it’s quite the opposite.
“A Constitution cannot be born in ambiguity or improvisation. If its roots are legally shaky, its fruits will be unstable,” he told Magik 9 in an urgent public interview.
Is This Really a Constitution—or a Proposal Pretending to Be One?
At the center of the controversy is the Comité de pilotage de la Conférence nationale. Acting without an electoral mandate, this body has drafted a text labeled as an “avant-projet de Constitution” (preliminary draft). But Me Pierre-Louis sharply rejects the legitimacy of that label, suggesting the group lacks any of the legal authority necessary to initiate a constitutional rewrite.
He contends that the document should more appropriately be called a “proposition d’avant-projet”—a suggestion for discussion, not a legally sanctioned draft.
“It’s a matter of competence,” he emphasized. “The Comité de pilotage is not, and cannot become, a constituent assembly. Nor does the transitional presidential council (CPT) have the authority to call a constitutional referendum. None of these actors possess the mandate of the people.”
Legal Continuity or Institutional Collapse?
Adding fuel to the debate is the fact that the April 3 Agreement—the political accord behind the current transitional framework—does not authorize or call for the creation of a new constitution. Instead, it presumes the continued legal relevance of the 1987 Constitution and its procedures.
From a legal standpoint, Me Pierre-Louis argues that Haiti is still functioning under the 1987 constitutional order. That order, however flawed, outlines how amendments are to be made. Replacing it wholesale without observing those steps, he warns, is a dangerous breach of the rule of law.
“This isn’t reform—it’s rupture. And an unjustified one at that,” he warned.
The Real Risk: A Constitutional “Double Usurpation”
One of the most powerful concepts Me Pierre-Louis put forward is that of a “double usurpation.” First, the transitional authorities risk claiming the will of the people—something only the population can express through democratic means. Second, they risk bypassing majoritarian will, traditionally expressed via a legitimate Parliament.
“The people never chose this committee, and no Parliament empowered it,” he said. “To proceed under these conditions is to stage a coup disguised as reform.”
What's at Stake: A Nation’s Legal Soul
For The Haitian Pulse, the message is crystal clear: Haiti stands at a dangerous crossroads, not just politically, but legally. If the process of changing the Constitution is not trusted or understood by the population, then the resulting document will lack legitimacy—no matter how well-written it may be.
“Every Constitution is born from context. The one in 1987 was born of rupture, revolution, and broad consensus. Today, we are in a moment of transition—but not transformation,” Me Pierre-Louis observed.
He emphasized that what’s needed isn’t a new document rushed by a temporary council, but rather a national conversation about why a new Constitution is needed—and when the people are ready to write it.
A Call for Collective Vigilance
Me Pierre-Louis left the public with two stark choices: pause this process and re-engage the nation in structured, inclusive dialogue—or barrel forward toward what he described as a “constitutional coup d’État.”
If Haiti chooses the latter, he warned, it may add a constitutional crisis to its already fragile political state—creating not just legal uncertainty, but societal fragmentation.
At this moment in history, Haiti does not need another improvised fix or elite-led rewrite. It needs a constitution born from clarity, unity, and unambiguous legitimacy.
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