At this decisive moment for Haiti, we are taking a clear stand against agreements that bypass the will of the Haitian people. Under the Treaty of 1940 and Articles 21 and 21.1 of the Haitian Constitution, no contract can override the sovereign right of the nation or impose a provisional regime against the people’s choice. For this reason, we have formally petitioned the OAS Secretary-General to declare this contract null and void in order to protect Indigenous interests, uphold national sovereignty, and open the path toward a definitive regime shaped by the Haitian people themselves.

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To:

H.E. Luis AlmagroSecretary-GeneralOrganization of American States (OAS)17th Street & Constitution Ave. NWWashington, DC 20006-4499, USA

CC:

1. Secretariat for Legal Affairs – Department of Legal Services
2. Permanent Mission of Haiti to the OAS
3. Secretariat for Access to Rights and Equity

Excellency Secretary-General,

I write to you pursuant to Articles 109 and 113 of the OAS Charter, and in accordance with Executive Order 08-01 Rev. 9, which grants you authority as legal representative of the General Secretariat and guardian of its institutional obligations

executive_order_08-01_Rev9_eng

.

This letter invokes the Treaty of 1940 and its foundational principles of hemispheric cooperation, national sovereignty, and the right of peoples to self-determination. It further invokes Articles 21 and 21.1 of the Constitution of the Republic of Haiti, which affirm that Haiti’s sovereignty is inalienable and cannot be ceded or compromised except in accordance with constitutional procedure and popular consent.

Grounds for Nullity

The undersigned Indigenous Party contends that the contract in question:

1. Violates National Sovereignty: Its execution imposes measures contrary to Articles 21 & 21.1 of the Haitian Constitution, effectively bypassing the sovereign consent of the Haitian people.
2. Contradicts the OAS Mandate: It undermines the OAS Charter’s commitment to democracy, equality of states, and respect for self-determination.
3. Endangers Institutional Integrity: The agreement risks setting precedent for externally imposed measures incompatible with Haiti’s definitive regime aspirations, as recognized under the Inter-American system.

In light of these breaches, we argue that the contract is void ab initio — without legal effect — and must be formally recognized as null to protect the integrity of the Inter-American system and the rights of the Haitian Indigenous nation.

Request

We respectfully request that you, in your capacity as Secretary-General:

1. Review the legal validity of the contract under the OAS Charter, General Standards, and 1940 Treaty principles.
2. Declare the contract null and void on the grounds that it is unconstitutional under Haitian law and contrary to the OAS mandate.
3. Recognize the Indigenous Party’s standing as a stakeholder in matters affecting Haiti’s definitive regime and sovereign self-determination.
4. Ensure this matter is recorded before the Permanent Council for transparency and institutional accountability.

Supporting Documentation

Attached herewith are:

1. Certified copies of the relevant constitutional provisions (Articles 21 & 21.1).
2. References to the 1940 Treaty provisions and OAS Charter Articles 109 & 113.
3. Evidence of the contract’s provisions and their impact on Haitian sovereignty.

Fenner Pierre-GillesCEO Consulting, Funding, Compliance & Diplomatic Haytian Indigenous Voice: From Transition to Definitive Governance.

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