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 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.
0 comments:
Post a Comment