Draft law creating the Energy Regulatory Authority (ARE)
- The bill would have created the energy regulator by statute; the regulator exists instead as ANARSE, created by decree.
- The preamble runs from the 1986 decree creating the BME through the 1996 law on modernising public enterprises.
- It cites constitutional articles 232, 236 and 250 on public enterprises and state monopolies.
- A regulator created by law is harder to alter later than one created by decree.
A draft law creating, organising and setting the functioning of an Autorité de Régulation de l'Énergie, signed by Jovenel Moïse.
The preamble places the ARE in the line that runs from the decree of 1 August 1986 creating the Bureau des Mines et de l'Énergie, through the law of 26 September 1996 on the modernisation of public enterprises, to the 2005 decrees on the central administration and the public service statute. The constitutional articles cited include 232, 236 and 250, the provisions on public enterprises and state monopolies.
Haiti's electricity sector has one vertically integrated public operator, a set of independent power producers selling to it, and a persistent transfer from the budget. Whether the regulator is created by law or by decree determines how hard it is to alter its mandate later, which is why the corpus holds the draft beside the decree that created ANARSE. The corpus holds the ANARSE instruments and the sector diagnostics; this is the road not taken.
How to cite
Presidency of the Republic of Haiti (PRH), 2017, Draft law creating the Energy Regulatory Authority (ARE), https://www.sgcm.gouv.ht/
- Rights holder
- Government of Haiti