Freedom of Expression: Fondasyon Je Klere Denounces the Government's Freedom-Restricting Decree

Fondasyon Je Klere (FJKL), a citizen human rights organization, expresses deep concern over the decree on freedom of expression adopted on December 18, 2025, by the Transitional Presidential Council (CPT) and published on December 31 in Le Moniteur. In a report released on January 15, 2026, the Foundation describes this text as a serious threat to Haitian democracy and demands its immediate withdrawal.

According to the FJKL, the CPT overstepped its prerogatives by legislating by decree on a matter falling under the legislative power, in violation of the Constitution. The organization also believes that several provisions of the text are contrary to the 1987 Constitution and Haiti's international commitments, particularly the Inter-American Convention on Human Rights.

The Foundation particularly criticizes the use of vague notions such as « public order » and « national security » in articles 4 and 5. These imprecise formulations would open the way to arbitrary interpretations likely to be used to restrict freedom of expression and silence critical voices, particularly those of the political opposition and the independent press.

Although the decree claims to protect journalists, the FJKL believes it exposes them further. The text would facilitate their arrest in cases of flagrante delicto or based on a simple complaint, without sufficient judicial guarantees. The very broad definition of defamation is also denounced, as it would severely limit journalistic criticism while preventing media professionals from proving the veracity of reported facts to ensure their defense.

The sanctions regime provided by the decree is deemed disproportionate. Penalties of up to three years imprisonment for defamation are foreseen, while certain offenses related to the symbols of the Republic can be punished with forced labor for up to twenty years. The extension of the statute of limitations to five years is perceived as an additional means of pressure on journalists and civil society actors.

Article 18 of the decree finally raises particular concern. It requires digital platforms to retain and transmit identification data of authors of content deemed illicit, a provision that the FJKL considers a blatant violation of Article 28-2 of the Constitution guaranteeing source confidentiality.

For Fondasyon Je Klere, this decree constitutes a real tool for political repression, recalling the darkest periods of Haiti's history. The organization calls on the transitional authorities to abandon this text and to favor an approach respectful of fundamental freedoms and democratic principles.

Gesly Sinvilier/ Le Relief