A few hours after the assassination of President Jovenel Moïse on the night of July 6-7, 2021 at his private residence, Mr. Claude Joseph, Acting Prime Minister, in an address to the nation declared that the country is in a “state of siege”. What does this really mean?
First of all, a state of siege should not be confused with a state of emergency. It is necessary to establish the difference between these two concepts.
A state of emergency is an exceptional measure that reinforces the powers of the forces of law and order.
Generally speaking, a state of emergency is declared in the event of natural disasters (cyclones, pandemics, earthquakes).
A state of siege, on the other hand, corresponds to a higher degree of emergency, and can be decreed by the President of the Republic for a renewable period of 15 days after its entry into force. According to article 278 et seq. of the 1987 constitution
, the act of the President of the Republic declaring a state of siege may be adopted in two circumstances: firstly, in the event of civil war, and secondly, in the event of invasion by a foreign force.
In her book “Manuel de Droit constitutionnel”, constitutionalist and university professor Mirlande Manigat defines the term “state of siege” as follows: “A situation created in the event of a serious crisis or danger in a country, involving the restriction of civil liberties and the substitution of military power for civil power. It is proclaimed in accordance with the constitution, over the whole territory or only part of it”.
It is important to note that any constitutional guarantees that may be suspended must be agreed by the National Assembly and the Executive.
A number of measures can be taken during a state of siege, such as: replacing the police by the armed forces to ensure public safety, replacing civil courts by military courts, restricting certain freedoms under the rule of law (traffic, demonstrations, etc.), national mobilization, etc.
References: La constitution haïtienne de 1987 amendée, Cours-de-droit.net,le Nouvelliste,Mirlande Manigat: Manuel de droit constitutionnel.
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