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iciHaiti - FLASH : Moïse declares state of emergency
05/07/2017 08:43:19
Nearly a month after the unanimous vote in the Senate (17 senators out of 18) of a resolution asking the executive to declare a state of emergency, President Jovenel Moïse, published in the official newspaper "Le Moniteur" a decree declaring a state of emergency in the departments Nippes, South, Grand'Anse and West (90 days) and the state of environmental emergency nationally for a period of one month. Note that this period of 90 days also corresponds to that of the interventions of the Caravan of Change.
In regard to the bad practices of previous governments, the Senate had demanded that the Executive also publish an operational plan and a budget with this decree, in order to allow the commissions to control the expenses related to the emergency situation. A recommendation that the Executive ignored...
It should be remembered that during the emergency period, and in derogation from the applicable standards, the Government has very wide powers and is empowered, among other things, to release funds in a rapid manner and may even make appeal to the international.
Power of authorities under the 2008 Emergency Act amended in 2010
Article 7. Under the act establishing the State of Emergency, the Government :
- Orders the implementation of the measures envisaged by the National Plan of intervention in case of natural disaster ;
- Applies quick funds release procedures ;
- Make expenditures deemed necessary ;
- Unassigns budget appropriations in order to deal with the situation, with the exception of salaries, allowances and pensions ;
- Pass the contracts it deems necessary according to quick procedures stipulated by the regulations on public procurement ;
- Grants, for the time it deems necessary for the rapid and effective execution of intervention measures, the authorizations or derogations provided by the Act for the performance of an activity or the performance of an act required in the circumstances ;
- Orders the closure of establishments in the areas concerned ;
- Orders where there is no other means of protection, the evacuation of persons from all or part of the areas concerned ;
- Make arrangements for hosting the displaced population and provides, if necessary, their supply ;
- Controls access to traffic lanes in the areas concerned or subjects them to special rules ;
- Takes the decision to implement, for the areas concerned, any financial assistance program deemed necessary in respect of the victims ;
- Orders where there is no other means of protection, the construction or demolition of works and the movement of any property in the area concerned ;
- Puts at the disposal of the institutions responsible for Civil Protection of Public Agents ;
- Requires the assistance of any person able to support the deployed personnel, if the number of Public Agents available is insufficient ;
- Coordinates volunteer recruitment and action ;
- Requisitioning additional means of relief and shelter belonging to private persons, if the logistical facilities available to the public services are insufficient ;
- Establishes and organizes any ad hoc structure with the necessary powers to ensure the effective management of the emergency ;
- Strengthens security arrangements in affected areas ;
- Done broadcast by the broadcasters of programs designed to properly inform the public.
SL/ iciHaiti
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