“The markets relating to the fields which contribute to the stability and development of the nation and the values which found it or to the general well-being of the population, approved by resolution of the Council of Ministers”, such is the point of right derived from this decree published in Le Moniteur spécial of February 12, 2020 subjecting public defense or national security contracts to compliance with the principles of procurement.
In its article 2, paragraph 9, the decree provides that “the OTC contracts within the framework of the implementation of a memorandum of understanding or understanding signed between the Haitian State and another State or between the Haitian State and a public or private institution under a other state “
This decree comes when the 1987 Constitution provides in article 276-2:” Treaties and international agreements, once sanctioned and ratified in the forms provided for by the Const itution, form part of the legislation of the country and repeal all the laws which are contrary to them. ”
This decree of February 12, 2020 was taken, contrary both to Haitian law and to international standards to which Haiti is a party.
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