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Constitution: Balance of rights and citizen participation and popular consultation

Reflections on rights and citizen participation: the Constitution of Montecristi.

Mideros Andrés Mora

important meeting made clear from the beginning that this is not a law review article or a scientific or philosophical. Recommended for those wishing to explore the topic, the texts of the series "Justice and human rights" in particular that bears the title "Neoconstitutionalism and Society", whose editor is Santamaría Ramiro Davila. I hope this way will not create false expectations and reduce disappointment. This reflection is given, based on the rights enshrined in the Constitution, from the perspective of a citizen that seeks to understand the guarantee of rights and their relation to the mechanisms of direct democracy and deliberative.

reflection is motivated by the Constitution was adopted by referendum (direct democracy) to 64% of votes (28% of the votes were contrary), but under the assumption that few people have read and reflected on the Constitution. Thus, I seek to answer three questions: what is the general framework of the Constitution?, What rights speak? and how to participate?, as a necessary introduction to reflect on the rights enshrined in the Constitution and civic participation, focusing on the deliberative process, the request for consultation, the use of the recall referendum and paraphrasing sentences and systematized in "This government 'totalitarian' does not give space for dialogue and participation" and "as citizens 'common' can not do anything."

Why depart from the Constitution?

The fundamental principles of the Constitution Montecristi (2008) raises (Article 1) that "Ecuador is a State constitutional rights and justice, social, democratic, sovereign, independent, unitary, intercultural, multi-ethnic and secular. It is organized as a republic and is governed in a decentralized manner. Sovereignty resides in the people, whose will is the foundation of authority, and exercised through public bodies and forms of direct participation [...]. " Then established between the duties of the State (Article 3): "(1) without any discrimination, the effective enjoyment of rights [...]. (5) to eradicate poverty [...] access to good living. (7) Protect the natural and cultural heritage. (8) Ensuring the right to a culture of peace [...]. "

can not continue without having clear that "the Constitution is the supreme and prevails over any other legal system" (Article 424), and that rights are guaranteed (Article 10) for people communities, peoples, nations and groups, as well as for nature. They are also constitutional principles (Article 11) that the exercise, promotion and enforcement of rights is given individually or collectively, and not be restricted by any rule of law. interpretation (when in doubt) should be given in the manner most favorable to the exercise of the rights , and set as "the highest duty of the State to respect and enforce the rights guaranteed in the Constitution."

can not differentiate the Constitution of Montecristi, not to mention the issue of "good life" . The Constitution provides (Article 275) that "the good life requires that individuals, communities, peoples and nations effectively enjoy their rights , and exercise responsibility in the context of intercultural , while respecting the diversity , and harmonious coexistence with nature , "plus the" good life "seeks economic and social development based on principles of solidarity and reciprocity , corresponding to individuals and communities (Article 278) participate in governance and planning, implementation and monitoring of development and producing, exchanging and consuming goods and services with social and environmental responsibility .

Thus establishing the economic system (Article 283) as "social and supportive, (it) recognizes the human being as subject and end [...] and aims [...] the material and immaterial conditions that make possible the good life. " Finally, the regime of "good living" (Articles 340 to 415) includes: the integrated social inclusion and equity, biodiversity and natural resources. To further explore the concept of "good living", I recommend the article "The good life: an opportunity to build" by Alberto Acosta, and the book "The good life. One way to development "and Esperanza Martínez Alberto Acosta.

What are the rights?

The Title II of the Constitution includes rights in nine chapters: i) the principles, ii) the good life , including: access to safe water and food, a healthy environment and healthy access to information and communication, cultural identity (although "no culture can be invoked when jeopardizes the rights recognized in the Constitution" as stipulated in Article 21), recreation and leisure, education, safe and healthy habitat, adequate and decent housing, health, labor and social security; iii) priority attention to: adults and older adults, youth, human mobility (emigrants, immigrants, displaced, asylum seekers and refugees), pregnant women, children and teenage girls, people with disabilities, people with catastrophic illnesses, persons deprived of freedom and users and consumers; iv) communities, peoples and nations v) the participation from representative democracy, direct and deliberative vi) the freedom , including: the sanctity of life people, personal integrity, equality and non-discrimination, freedom of thought, freedom decisions, the right to conscientious objection (when not infringe other rights, or damage to people or nature), the right to privacy, among others, vii) the nature is entitled either to be respect for their existence and life cycles, to encourage their protection and will not promote respect for all elements of an ecosystem, restoration, to which people benefit from it for the good life (in harmony with nature); and viii) protection from access to justice.

How does participation?
The second title in the last chapter (ix) outlines the responsibilities of Ecuadorians, among which include: obey the Constitution, law and authority, to respect human rights and the nature, promote the common good, unity and equality, participation in political, civic and community, among others. the protection and promotion of rights, arises from the Ombudsman's Office (Articles 214 to 216) whose function is "the protection and protection of human rights, through: sponsorship (among other cases, poor quality or inadequate provision of public or private), issuance of mandatory measures for the protection of rights, and oversight of due process. In addition, the Constitutional Court (Article 429 to 440) is the body control, interpretation and administration of constitutional justice. Citizens and citizens' constitutional actions may have individually or collectively.

The deliberative democracy, viewed from citizen participation, arises from different mechanisms and public policy (Article 85) states that this must be ensured in the formulation, implementation, evaluation and control. Citizen participation is established (Article 95) for "decision-making, planning and management of public affairs, and popular control of state institutions and society [...]. Citizen participation in all matters of public interest is a right . " In addition, civic action (Article 99) to "exercise [...] when there is violation of a right or the threat of their involvement." At various levels of government (articles 100 to 102), the Constitution states: the creation of instances of participation, public meetings and the "empty chair" to be occupied by a citizen or a citizen according to the topics under discussion.

For its part the National Councils for Equality (Article 156) should ensure the existence and exercise of rights, and should include representatives of civil society. Role of Transparency and Social Control (Articles 204 to 210) promotes the control of institutions and agencies, and private as it is for the public interest must also encourage citizen participation by: deliberative processes, citizenship training and accountability mechanisms. Finally, development planning is established (Article 279) from the "national decentralized participatory planning, which includes citizens councils as forums for discussion and generation of long-term guidelines.

The direct democracy (Articles 103 to 107), is set from: i) the popular initiative to propose, amend or repeal rules of law (requires 0.25% of those registered on the electoral register in the jurisdiction, or 1% for reforms the Constitution), which guarantees the participation in the discussion of the project and given a period of 180 days to be processed (otherwise become effective), or one year in case of constitutional reform (in which case referendum will be called), ii) referendum as requested by the President of the Republic, the autonomous governments (including the decision of ¾ of its members) or citizenship (with the endorsement of At least 10% of those registered on the electoral register, from 5% if a national or foreign special district, or 12% if it is to convene a Constituent Assembly) in all cases require a Constitutional Court ruling iii) the revocation of the mandate , that may arise after the first but before last year in office (with the support of at least 10% of those registered on the electoral register, or 15% if the President of the Republic)

... reflection

was a need for answers within the Constitution to to conduct an adequate, while attempting to make available a summary (not specialized) of some relevant aspects rights and participation, without further opinion, for everyone to draw their own conclusions. However, the reading of the Constitution is something suitable for everyone, and in my opinion a requirement for citizen action in a democracy. It is important to understand the process in the country, and too long period of transition, as citizens to demand the strengthening and independence of the institutions necessary for the proper implementation of constitutional democracy.

Participation citizen is conceived as a right and a responsibility, and explicitly sets different democratic mechanisms to bring participation into practice. Representative democracy is familiar to everyone in Ecuador, as a compulsory exercise our vote, but a long road of civic education is necessary for its completion and to judge (reward or punish) the democratic exercised the When choosing authorities. Now facing new mechanisms to increase participation, but unfortunately the lack of institution building left in debt to the current authorities of the executive, legislative and Council Involvement And Social Control, to implement the mechanisms established under the Constitution.

But other debtors and other debtors, because instead of requiring the consolidation of the Constitution, passivity of those in opposition to the government keeps strengthening, to raise (and sometimes invent) problems rather than providing solutions, leading to the violation of the Constitution by both the opposition and the government that the pushed. On the other hand, the public soon been done to demand the implementation of participatory mechanisms and has been in extreme positions that discourage and destroy any effort of dialogue.

Looking ahead, seeking to encourage democratic use of these mechanisms is important to think about it the public interest because it raises the right to participate. The public, as an adjective, "is what belonging or related to all the people." In this way you can include a number of topics including as regards the public sector, but also include rights, values \u200b\u200band social principles. Hence there is a major point of debate, since the rights, values \u200b\u200band social principles are not affected (positively or negatively) only by the actions of the public sector, but also for what it does or omits the private sector, as an individual, collective or institution.

difficult task for an authority or a group of officers, conduct social choice directly and they will be criticized for totalitarian, corporatist or dictatorial. Important to establish that doing nothing or maintaining the status quo is also a decision. It is then understood as a right to participation, but also as a way to achieve democratic social choice, in other words decide on behalf of all and everyone. Dialogue and participation, within the framework of the Constitution of Montecristi, not something that should be asked or expected from the authorities (though desirable), but should be required and practice. There is a government that gives space for dialogue, these spaces are defined as a right in the Constitution, therefore it should require. Changing governance processes, to include networks, movements, citizens in the organization of state and society, depends on the pressure that these actors put the government. But understand pressure, to a process for dialogue and not as blockade and destabilization.

Doing nothing is also a decision of the citizens and the citizens, and saying you can not do anything, it's an excuse, not a reality. Social movements in Ecuador have shown that much can be done, the result is in the Constitution of Montecristi. Important call to return to reading and reflection, citizenship training to implement the achievements and participation rights, because if they become "dead" the blame will of each and all; An important question is, what have I done?. However, many and many think it's best to act each in its place, from home, from work, from his intimate group, which is understandable and respectable, but the decision leaves it to others and others who decide on behalf of all and all, then choose with awareness and responsibility.

A great victory for participation is the Constitution of Montecristi, but its evaluation is negative for institutional and civic inaction. But it valuable efforts emphasize participatory (deliberative) given by the National Assembly in some laws, such as Cooter, the increase in retirement pensions and the production code (although the mechanisms have not been formal participation has not been massive, and there is excess technocracy), also in the discussion of the National Plan for Good Living (with extensive discussion, but limited in Excess decision technocracy and communication failures.)

In direct democracy, the three mechanisms established only one is active. The revocation of the mandate, possibly with abuse rather than use as a measure of opposition and expression the lack of arguments. In late August this year, 116 applications were registered (President, 24 mayors, 71 councilors and 16 members of parish councils) in December is being queried for reversal of two mayors and a president of Vestry. Beyond the potential for abuse to be determined based on: how many of the orders come to consultation (3 of 116, for the moment) and how many of the consultations the mandate is revoked, the use is important to polish (regulation) and to to know the mechanism.

For its part, the referendum is a mechanism known, but the difference is that the request from the public is something new and there experiences. That leave some doubt, from the collection of signatures, to the discussion and definition of the question to be consulted. On this subject the example of bullfighting ( http://andresmiderosmora.blogspot.com/2010/11/consulta-popular-y-corridas-de-toros.html ) provides an interesting reflection as evidence several factors (some even in limits, not defined) on the rights, participation and decision making, and also raises the question: why was the request to the Metropolitan Council instead of collecting signatures directly?. Finally, the popular initiative leaves a large debt from the public (at large) and have not been submitted or has heard of bills or amendments, important to note the existence of this option to movements that want to move criticism of the action, or to generate vambios in democracy and institutional respect.

state and society, in Ecuador, have an outstanding debt of participation and thus democracy. The Constitution creates a Montecristi important framework for guaranteeing rights and opportunities for citizen participation, but little progress was made. Let's wait and take sides for the process of revolution (from citizenship and from the government) to fulfill its purpose and to strengthen the Constitution that led, and why 64% of Ecuadorians voted YES.

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Bullfighting

Reflections on the popular consultation and the bullfights in Quito.

Mideros Andrés Mora

Last September (2010), submitted an application the Metropolitan District of Quito, to call a referendum to decide (the request is to prohibit, but do not know the proposal of question) about bullfighting. As history have so-called "anti-bullfighting movement, which includes individuals, groups and social movements, which for several years have protested against this practice. The strength of this movement and the feel of a significant proportion of the population is evidenced not only by the actions of protest, which increasingly call for a greater number of people, but also from the information in a Cedatos-Gallup poll of November 2008 to Quito where the results indicate that 74% of the population does not like bullfights, 86% did not go to the bullfights, and 61% want them banned. Importantly, this study was released in 2008, but there is not an official version that allows to go into detail on the content of the survey. Another antecedent of importance is the ban on bullfighting approved by Parliament of Catalonia (Spain), which shall enter into force in January 2012.

Meanwhile, in November 2009 the Ombudsman's Office issued a resolution prohibiting the entry of persons under 12 years of bullfighting. Unfortunately, this resolution has not been fulfilled by the institutions organizing these events, or controlled by the Municipality and the National Police. Important to see what happens this year. It is worth remembering that this resolution is given in defense of the rights of children and adolescents under the principle of "best interests" (Constitution, Article 44). Since August of this year, protests against bullfights have intensified and have achieved a meeting of "anti-bullfighting movement" in the referendum request. Response those who love bullfighting, mostly linked to the organization of these events has been calling for respect for the right to maintain a "cultural tradition", where "those who do not like, they can not attend." Demonstrations for the bullfights have been given a lesser amount, and include statements in favor of some learners council of the Metropolitan District of Quito (eg, Marco Ponce and Macarena Valarezo). It should be understood that behind the bullfight and a cultural perspective, there are significant economic interests.

A third sector of the population is indifferent to the question, saying phrases like "until I bother to do whatever they want." Thus, there are three major groups: one that feels a benefit for the bullfights, another who is indifferent, and one that feels injury. Besides the difficulty of aggregating preferences and set the net social benefit, it is clear limitation to raise awareness and understand that another living being is also part of this practice, and can hardly be said to have a benefit. Clarify that the death of the bull in the ring seems to "benefit" some people "culturally," but can not be said to satisfy some basic need. In addition, it asked if as a society can accept that torture and death of an animal can be considered as a "cultural benefits", in my opinion the answer is no, and the answer is not only legal but also by values, given the nature rights enshrined in the Constitution.

responses from the Municipality of Quito has been made in two ways. The first is the remarkable openness of the Mayor (Augusto Barrera) to receive the request for consultation, discussion and bring it to the Metropolitan Council (which require the affirmative vote of ¾ to be approved). The second, left the News Agency of MDMQ Public, enabling an online forum to discuss the issue. This initiative was welcomed at first, but the lack of participation of the Municipality and moderating the debate generated a space that in the end it was useless. It is noteworthy that the spaces of deliberation must be built, but should ensure the presence of institutions and arrangements highlight the dialogue, otherwise you lose confidence and participation in institutions.

Outstanding debt of the Municipality, in terms of generation of deliberative democracy. Meanwhile demonstrations for and against will placing extreme positions, lack of dialogue, seeking to discredit those who think differently and to impose a criterion. The request for consultations was submitted to the Municipality of Quito (instead of searching the collection of signatures, as a first option) showing signs of confidence from the citizenry that the City Council can make decisions against this order. The Mayor has complied with its offer and the request will be discussed at the Metropolitan Council, and has space for representatives of the people involved in the debate, although it is known that the staff position (not representative) of some council members and some council members will hardly be voting for 75% of the Council (12 16 members, 15 councilors and the Mayor).

The decision is not easy for the Metropolitan Council, and should not be, as it is put into debate different topics: culture, freedom, life, rights of nature and culture of peace . In addition, it is unclear whether the Metropolitan Council has the capacity and legitimacy to rule on the issue. Recall that the councilors and council members are representatives of the general interest. But social values \u200b\u200brepresent?. If the decision is to deny the request for consultation, it would be imposing the criterion of a group (probably minority) in Quito and Quito, which is attenting the Like a ban bullfighting from the Council, in favor of the approach of another group (the majority view.) Complicated, but no answers.

Vale analyze because a private show, where access is restricted to those who buy a ticket (inclusive), and where a limited number of tickets (rival), becomes a public issue. This four considerations: i) several people have expressed their disagreement for several years, ii) based on the above, the completion of the event affects social values \u200b\u200band thus reduces the welfare, thus necessitating government intervention to regulate; iii) bullfights, in his defense as critical links in their rights and the state must protect and media; and iv) determine the general welfare (add preferences) requires deliberation process and social choice.

As is clear rights to the security culture and its expressions, how it is also clear that this (the culture) can not be justification to affect other rights. Bullfighting present violence, which is reflected in the injury and death of a living, this led to the decision of the Ombudsman's Office to ensure the right of children not to be exposed / as to such acts . Violence, as part of a cultural event, against a living violates the rights of nature, culture of peace and life. Importantly, this is set in the Constitution, and therefore state entities have an obligation to act.

what to do with tradition?. Traditions and cultural expressions, as part of tangible and intangible, must respect and promote human rights and harmony with nature. It is not discussing whether the bullfights or not part of the traditions of Quito and Quito, and that at least some and some it is. Then you can think of "bullfighting" without violating rights (without violence, without torture, and respect for life), is it possible?, if it is, there's a way to reform. If not possible then we have the story to save it. It should be understood that in a State Constitutional Rights are the rights that take precedence, and culture can not go against them. Culture must adapt to social values, which change over time, and they change the traditions, cultural expressions, and culture itself.

The theme is public domain, and debated in different spaces. Curious, but understandable, that the position of those who defend bullfighting is to "let sleeping dogs lie" (hold the status quo), which is very easy politically, but it is authoritative (as mentioned). While the position of those who are against bullfighting is to go to a democratic process (not requested a ban on authoritarian). The referendum is the only way to add social preferences in a democracy, as the opinion of every person is "worth" the same (a vote), ie meet the criterion of all and everyone. In my opinion, there can be consultation without a prior process of discussion for understanding the arguments and information for each person to make a decision. In addition, important to establish clearly the proposals.

great responsibility has Metropolitan Council of Quito on this issue. Some people have tried to minimize the request, saying that "there are other more important issues." No doubt there are many issues, but who gets priority? or do not do anything until we solve it?. We'll see how far the councilors and councilors of the Metropolitan Council are consistent with the rights of nature, the right to citizen participation and the deepening of democracy, and if they are sensitive to the level of legitimacy they have to decide on certain issues and give way to other people's sovereignty.

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Day 5 a car ran over my father when he had crossed more than half of the street at the pedestrian crossing, a few meters from his house, when my mother expected to eat.

There are brake marks, the blow must be so strong that it launched more than 9 meters backwards and diagonally.

is a two-way street, a straight, good visibility, speed limit of 50 km per hour.

My mind and body in very good condition, missing 5 days to achieve 91 years, continued to work at their own pace in his workshop, carving his woods.

But someone was going too fast, seeing as he accelerated away, ended his life.

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After September 30, 2010

Reflections on the institutions, democracy, trust and participation.

Mideros Andrés Mora

find no other way to start than the mourning for the lives lost in the unreasonableness of the September 30, and the embrace of solidarity to the relatives and friends of people who lost their lives and those who were injured. Besides rejecting a day of horror that should not be repeated, but at the same time emphasizing the value of reporters who risked their life to report. One day they showed once again the institutional weakness and the abuse of these institutions to promote private interests (in this case for labor claims and / or to generate destabilization). Unfortunate result, beyond the facts, is the loss of trust and cohesion. A time for reflection and dialogue urgency is the only way forward after the experience.

cohesion is essential based on social tolerance to different opinions. The catharsis of what happened, through open dialogue and information you see, is needed to have an opinion and generate proposals, but mostly to regain confidence in society. The social division extreme positions is the worst case scenario. Let's start by raising common criteria such as peace, equality, democracy, security, tolerance, dialogue and participation.

Democracy is a model, and final option for organizing a society within a State. With their strengths and limitations, I think there is no discussion about wanting everyone to strengthen democracy. There are several mechanisms of democracy, representation (where we choose to vote by authorities), is just one of them, but demand respect for elected officials and the accountability to voters and the division of powers.

is urgent to pass the transition period of the new Constitution and strengthen institutions. It is clear that the executive is bound, but the Legislature has been able to do little to control and legislation with limitations in a complex political scenario, where the opposition does not contribute and just hangs. The judiciary does not stop to get stronger and be independent, the Constitutional Court is still in transition, and the Office and other agencies. The Ombudsman's Office has strengthened its mechanisms to influence but remain limited in practice. The National Electoral Council is also in transition, and the weak Social Control Board and Citizenship does not have a defined horizon.

The executive branch must operate according to what the Constitution mandates, but it is urgent that the other branches are formed definitely and independently so that the power to find a balance and functioning democracy. National Police and Armed Forces are institutions of the State should guarantee public order and national security. Further, as stipulated in the Constitution should protect the rights, freedoms and guarantees of citizens and the citizens, being obedient and not deliberative, strictly subject to civilian authority and the Constitution.

Beyond labor protests that any official in the public sector, individually or group has the right to raise, under no circumstances can justify the use of instruments and the image of a State institution. Worse when dealing with the armed forces and / or the National Police as to break its subordination to civilian authority, break the entire State structure and eliminate all fees for the use of force. On Thursday showed the institutional weakness and the chain of command, when a group of police officers rebelled against the government and undermines citizens.

is essential to distinguish between people of the institutions. It is necessary to decide in accordance with the law those responsible of these facts, and it is essential to restructure the National Police and strengthen public confidence in this institution, vital to security. Distrust of the National Police to the crime only strengthens. Dialogue is important in the chain of command of the Armed Forces, National Police and the Executive (Presidency) to restore confidence and order.

The Government should make clear the channels of dialogue for officials and public sector officials, as well as any citizen or group may raise their protest and demand their rights. Guarantees Institutions rights (Constitutional Court, Comptroller, Attorney and Public Defender) must be independent and act if a law is being, can be or has been violated and as citizens we must go to them and protest peacefully when necessary. No violence.

is no time for blame, or to generate intolerance, less than losing trust and faith in society and the state (or their institutions). It's time to admit mistakes and change. To create spaces for dialogue, where you collect the views of all and all, to change attitudes and let pride. It's time to build proposals and stop searching for the slightest defect or minor error to attack and criticize without having properly informed. This is not to win but to build.

is not the government, neither this nor any, that guarantees democracy and good living, but the society to participate actively in community problems and also on domestic issues. As citizens we must inform and require the separation of powers by strengthening the institutions in transition, and monitoring their independence. We use the mechanisms of direct democracy and deliberative decision-making and policy formulation, encouraging cohesion, to know and enforce the Constitution. And the state through its institutions: executive (President), legislative (National Assembly), and others should support and ensure this process, that is its historic mission of revolution.

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