OPINION. BETWEEN THE SECURITY, DEMOCRACY AND THE RULE OF LAW IN CENTRAL
OPINION regarding the issuance of opinion related to the initiative "TO SUPPORT THE AMERICAN STATES AND THE DOMINICAN REPUBLIC IN THE NEED FOR FOTALECER DEMOCRACIES AND THE RULE OF LAW IN THE REGION" , issued by Deputy RICARDO ALFREDO FLORES ASTURIAS, a member of the Commission Political and party affairs.
I. Analysis of the Initiative:
For starters, the title, a truism, is broad enough to support a wide variety of arguments and justifications for arriving at the same conclusion: support "democracies" and the rule of law in member countries of the System of Central American Integration, SICA, but a statement, in that sense, it is exactly what the public expects, in particular, for democracy to flourish and the rule of law is anchored .
However, the list of problems cited the Explanatory Memorandum which is complemented by the preamble, we do not reach necessarily the best findings in the operative part, or at least, with the inclusion of the fifth operative paragraph leaves us feeling that we are digressing on two issues that can and should be treated separately and differently.
The tendency to confuse the democratic security has to do with the political processes of selection and governance, with public safety issues, which are more of an institutional police and to fight organized crime, which is evident in operative paragraph number four and, in turn, opens the door to fifth operative paragraph, which should be covered by another initiative, the body can be felt throughout the document.
The position adopted by the speaker in the explanatory memorandum in relation to the coup of June 2009 in Honduras, we consider the rationale for the inclusion of the third paragraph of the preamble ("TAKING ...") as our point of view is too simple, and puts aside the real causes that led ultimately to the coup mentioned: the repeated breaking of the constitutional order by the same President of the Republic in its efforts to amend related articles unchangeable as want to see, with the impossibility of reelection or the necessary alternative in the exercise of power.
this point, the necessary respect for the law and democratic principles and legal, is an element that goes without saying, that it proved how dangerous it is, in the case of Honduras, and that same or similar problems could lead to both in Nicaragua, where public domain is the manipulation of the courts and the same Supreme Court and the Electoral Tribunal in an effort to re-elect who has already served, contrary to what the Constitution says, and Guatemala, where some politicians who believe indispensable also ignore of constitutional law in its efforts to conserve, restore or acquire power.
a lyrical statement of the Plenary Assembly, not to mention the ambition that gnaws at bad politicians, destroying the rule of law, institutions, respect for the law and the most elementary principles of democratic coexistence, becomes useless in a statement of our part.
The only mention made, even directly, but overlapping, the issue of respect for the law, is in the final paragraph of the "Therefore", where he speaks, as one of the essentials of democracy of "... all working norms of a society ... ", which is, in our view, insufficient.
On the other hand, the mere mention of the World Bank and the Inter-American Development Bank "to accompany them actively to the organization and development of the International Conference in Support of the Strategy ..." , referring to the Security Strategy Central America and Mexico, is a veiled request for financial support, for reporting purposes, is inelegant, moreover, little could help this pair of institutions, while respecting the aspect of financing for development, the debate that concerns us .
also one element is taken into account to justify the statement is the Special Declaration in support of the Central American Parliament, which supposedly was issued within the Forum XIX (sic) of political parties, when, since it gave the XIX Central American Conference and Caribbean Political Parties, have been denouncing the alleged statements were political parties issued a total manipulation by anyone interested in expressing what had documents that indicated there, of which never left the political parties but were immediately uploaded as such to the website of this Parliament.
initiative is sustained in some misconceptions, such as establishing a local oligarchy is a threat, per se, democracy, or confused, such as corporate and financial mafia, and while we understand the causes of the weakening of the state platform are varied and complex does not serve an ideological debate its causes or the convoluted description of them.
social violence and democratic violence, interspersed in this initiative are two counter-with causes and consequences of different procedures, so we estimate that this should be treated.
II. Analysis of emission Project Review and the Political Affairs Supporters.
We disagree with the proposed issuance of the Commission's view, in addition to the reasons stated above, which are not mentioned in it, but because we believe the issue of it in an extremely dogmatic positions and assuming reflecting such broad concepts such as democracy, not everyone would be in a position to share.
For others it indicates that we share some insights not fanciful to make history because we do not, even, the two hundred years of independence established, and say that democracy was born and died a dozen times, literary freedom the writer can use, but not a Commission that would render an opinion that can speak, in fact, there have been wars, tyranny, but not of "short spring" .
While we agree with some background concepts, there are some mentioned as absolute truths, as the subject of "The freedoms we have today ..." , which are not so in some countries as in others, thus verbigracia, it noted that a society can live in freedom by curtailing their freedom to choose, serve as elected official, as with the opposition in Nicaragua, and to be elected to the limitations of law.
addition, some terms used by the draft opinion, as when he notes "In recognition of the ..." , or where indicated to be incorporated "other addresses" are anti technicians.
Finally, the project suggests to incorporate, understand, another operative paragraph (the "resolved"), which is a type of appropriate language to the preamble, but that does not really solve anything.
III. Conclusion:
Each Member is entitled to propose, in the manner that best suits you and understand, the issues he considers important and to priority for purposes of the vision you have of the integration process of SICA member countries, or as in our case, the positions we take may have, on certain issues, our constituents.
In the case study would be ungrateful on our part, suggest deletions in the documents that have served as the deputy speaker to support its initiative, like the alleged statement of political parties.
also understand that the speaker may have a different perspective regarding the events that gave rise in 2009, the Honduran political upheaval, and can not see how we've been seeing, from Nicaraguan municipal elections in November 2008, a process of contempt for the law and the deteriorating situation of democratic principles and the exercise of political freedoms in this country, so do not claim that, even a simple statement assume, or speaker, or Plenary Assembly, our vision and understanding of what happens in each country and the whole region.
addition, the lack of mention of the crisis in the inter-American democratic system, with the Organization of American States, at the head, more concerned with personal projects for re-election of the Secretary-General, to name one example, not respect the will of the majority of the Honduran people that has almost fifteen months after pronounced in the polls and elect a government that is acting as such, without showing the slightest interest to restore the previous conditions of social and political upheaval in speaking and expelled to the country of such an organization, a circumstance entirely forgotten in the initiative and the proposed issuance of the opinion that we do not forget and we can not ignore.
Therefore, having so varied and so deep differences with the vision and position of deputy speaker, who is also a significant, timely and co-worker the Commission, which is more Of course, for us, is not accompanying the same with our favorable opinion, and calling for his kindness to the views expressed herein with the seriousness, conviction and responsibility that characterize us.
Guatemala City, March 21, 2.011.
Ricardo Alfredo Flores Asturias
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