Kou Siperyè Dè Kont deklare Fon Edikasyon Mateli an Ilegal

PORT-AU-PRINCE, Haiti (sentinel.ht) - The Superior Court of Auditors and Administrative Disputes declared that the National Fund for Education (FNE), despite all its social legitimacy, is illegal and use of the funds are outside of the law. This ruling by the nation's justices on finances who work to root out corruption may be the basis that bring about international corruption cases on some of Haiti's largest foreign investors and be a stake into the ambitions of a presidential hopeful.

The CSCCA report says, in short, the FNE was illegally set up, a law had not passed for the tax. It is illegally managed, not being passed through the Treasury. It is illegally withdrawn from and used for not being part of the Budget Law. This is on top of a Senate investigation that found more than 40% of the funds had been used for office purchases at Haiti's telecom regulator, Conatel.

For former Prime Minister Jean-Max Bellerive who is desperate to be a candidate for Haiti's highest office, the CSCCA determinations are dimming that light. Bellerive was prime minister when the fund was established and as prime minister institutionalized it - outside of the law. The court said it had not begun to examine specific accounts but on this matter, it will likely drag out for the former PM.

In the case of a telecommunication company that has been assessing a tax of 5 cents per minute on international calls for the fund, disgruntled consumers could seek a lawsuit against a company such as Digicel for failing to prevent corruption according to the UK Bribery Act of 2010 which makes corruption very broad. Many others likely fall under the U.S. Foreign Corrupt Practices Act.

An article by Louis-Joseph Olivier of Le Nouvelliste:

In its report on the country's financial situation and the effectiveness of public finances, the Superior Court of Auditors criticized the illegal use of the National Fund for Education (FNE). No legal framework for the fund has been set up since President Martelly came to power in 2011. This has not prevented the president and his government from using it.

"Despite the social legitimacy of this action, the fact remains that this fund withdrawals are made outside the law, in violation of the 1987 Constitution and the 2005 decree on the preparation and execution of finance laws," reads the report that thoroughly analyzes the use of public funds by policy makers.

In Article 1 of the 2005 decree it states: "All state resources are right budgetary resources, even if they would not have been included in the general budget. These resources must be established by laws, conventions, court decisions or other requirements approved by competent authorities. Unless legal exception, they are paid to the account of the Treasury. A provision which incorporates Article 218 of the Constitution which provides: 'No tax for the benefit of the state can only be established by law...' "

The Superior Court of Auditors and Administrative Disputes therefore stresses that unlike the Road Maintenance Fund (RMF), which was created by the law of December 18, 2002 and is an important source of revenue for the state, the National Fund of Education still has no legal existence.

"This is an undocumented among others, all of which need to be corrected to facilitate the emergence of the rule of law giver of peace and justice, values ​​that would make the country attractive to capital abroad, "experts say the Court of Auditors.

According to the report of the CSC / CA, the National Education Fund's mission is, in principle, to mobilize resources to finance free education projects for the country. In this respect, samples are taken on a regular basis for several years and this fund is included in the Finance Bill 2013-2014 as a source of revenue for the Treasury.

The operation of the National Education Fund, among other issues, addressed by the report of the Superior Court of Auditors and Administrative Disputes. This report, which sanctions the operation of the Martelly-Lamothe administration, reports some irregularities that affected the proper implementation of the Finance Act of the 2013-2014 financial year.

Next to the FNE, the Court criticizes the illegal increase in the number of ministries and state secretariats. The proliferation of these organizations is made without taking into account budgetary constraints little capacity of the Haitian state.

"The Court noted that in response to cyclical political needs, these departments are trained with little regard to the requirements of the mother law. This non-compliance has naturally resulted in resource allocations made to non-compliant instances that are created and disappear according to political circumstances, reports the Court of Auditors, noting that it is an alarming situation should call the main state officials. "

"Institutions that operate outside the law, illegally resource projections included in the budget law are a set of situations incompatible with the rule of law which, however, characterizes the countries moving under the umbrella of a Constitution sovereign passed, "says the report on the financial situation and the effectiveness of public spending in the country.

For the Court of Auditors, a "this situation should be corrected to standardize and finalize the legal and institutional framework required to drive financial and administrative action of the State." The current authorities, the Council of the CSC / CA wished to recall that "to acquire an organic law, legalize instances that mobilize public resources are an essential prerequisite to be considered a member and / or an affiliate part of the administrative apparatus of the State and authorized (e) to manage public resources. "

For this report, "the Court wishes to remind the attention of public resource managers that the Finance Bill is the true compass that guides economic agents on the economic and financial direction of the country. In a state of law, this legal instrument can not in any way sweat illegality. And therefore, the return to legality requires public authorities as part of their action such as support standards, including the provisions of the Basic Charter ".

Se MOUN sa yo ki vle ekstrade ansyen SENATRIS LIBERUS yo wi.

Nou gen 2 NEG ki ap jwe ou dwe jwe pou pa gen yon GOUVENMAN LAVALAS se PIERRE ESPERANCE ak SIKSESE L GUYLER DELVA.

Menm si PRES lan ta rete GNBis pou yon TAN ;Mwen kwe ke gen POSYON lan PRES PWOGRESIS ENTENASYONAL lan ki ap mande pou mesye sa yo rann KONT!

Pou ki sa se jis a la fen manda Sweet Mickey ke neg kou siperyè restavek saa di kob martelly ap pran sou apel e transfè nan men diaspora illegal.?  martelly pa janm ran kont konbyen lajan ki rantre e kombyen ki soti ? eske presidan ayisyen se li ki tresorye peyi ya.pou ki sa yo pat di martelly ou pa gen dwa pran lajan sou oken moun san pa gen lwa ki vote pou ba w dwa sa?pou ki sa Palmantè yo pat mande martelly de ki prevyen. Yo di yon pep gen gouvenman li merite. se vre.

pep la pa dwe vote pou youn nan moun ki te fè pati Palman saa. Yo tout se yon bann korompi ki konplis nan koruptyon ki eksiste nan gouvenman Martelly/Lamothe la.

Wozo,
Palman an mande ekzekitif lan dekiprevyen.
Mateli ak Lamòt konnen yo ta p fè yon tranzaksyon ilegal.
Men Ayiti se peyi gwo ponyèt.

Konseye Mateli yo rele Youri Latòti ak K Lanbè. 2 magouyè premyè klas.
Se pou nou veye paske 2 nèg sayo gen pati politik ki agreye lan lis KEP an.
Ou wè lan kisa nou tonbe?

Sassaye

Mon chè an nou onet ak tet nou nanpwen palman an ayiti.Se yon sel pouvwa ki gen an ayiti neg ki gen gwo ponyet la e ki tresorye national la.

Se yon sitiyasyon bandi k ap drible bandi. Tout se iznogoud!

Gade sa poun wè

http://www.hougansydney.com/actualites-en-francais/haiti-corruption-voiture-de-luxe-maserati-avec-plaque-du-consulat-d-haiti-dans-les-rues-de-miami