viernes, 14 de diciembre de 2007

Evo Morales seeks to impose a setback to their fellows, who resist, and not without reason

By Emilio J. Cárdenas

It is evident that Evo Morales, along with his godfathers and ideologists-Álvaro García Linera, Hugo Chávez and Fidel Castro - has been trying to impose on all the Bolivians a new Constitution that, as we will prove, is a really strange collection of what it looks like a series of silly authentic juridical things. Beyond the good intentions that might probably be presumed.
Bringing Bolivia to the very doors of the precipice which results in violence (without hesitating a moment) Morales did approve illegally (that is, without having to agree with most of the two thirds of constituents, which require both the current Constitution, as well as the "Call Act" to the Constituent Assembly), a new draft of the Constitution for his suffering country.It did session abruptly on the inside of a military barracks in the city of Sucre (the worst scenario for a reform of social pact of any country facilitated by military lured openly with the cheques provided by President Chávez), without the presence of constituents of the opposition, and provoking in the vicinity of barracks several cowardly deaths (when in a scuffle against citizens of Sucre who were at the obvious maneuver by misleading, they were repressed, as if they were animals)

Oh, what a surprise! or "hocus-pocus, here is the new Constitution".
What unusual is that-after more than a year long session-nobody knew the full text of the Constitution that President Morales was to impose on the Bolivian population, suddenly, between roosters awaking and midnight, "it appeared" suddenly to be approved-at full speed-by representatives from the MAS (and two alternate members of the opposition which were ostensibly "bribed", this is bribed from power) on tables
The aforementioned ugly episode deserves to be included in the pages of "Guinness Book of Records", as the most shameful constitutional experience of history.

None of real Autonomies.
The result of these (and having also tried to hide the "Autonomies" that seek departments of the "Crescent moon" from the east of the country, the most working and contributing, after a referendum that will confirm in a transparent manner, convened by a proud Mr. Morales, which has now been ignored) is a situation of tension that can lead to disaster and the physical confrontation among brothers.
And I say among brothers, because it was assumed that all citizens are Bolivian, concept that always evoked a society clearly multi-ethnic, in which all together lived until not long ago-in peace, beyond their multiple nationalities. As it happens, without major difficulties in many other places around the world.

But President Morales and his mentor, the Vice-President Álvaro García Linera have been sowing-visible and constantly-hatred and resentment from power, using, unfairly, the machinery of the State.
A genuine "organized chaos", and some "proofs" as samples
They say that "for a sample a proof shows enough". Here are some proofs which contain the proposed new Constitution for Bolivia that propel President Morales, President Chávez and President Castro, in joint operation. They are either for laughing … or crying.

You, reader will judge, with your own approach, if they are, whether or not, "reasonable".

1. Definition of the State:

According to the Article 1 of the proposed new constitution drafted by the "specialist" from MAS (including the Cubans): "Bolivia is a unitary state, social multinational Community law, free, Autonomous Community and decentralized, independent, sovereign, democratic and intercultural education. It is based on the plurality and in the political pluralism, economic, legal, cultural and linguistic, within the process of integration of the country ".

Amazing puzzle, that-among other profound contradictions-suggests that, having legal pluralism, the rules will be different for each "nation", which is presumably the idea, although shine unusual. And chaotic. But, moreover, how can they have a unitary state and with multinational rights at the same time; or unitary, at once, autonomous and decentralized. What is economic pluralism? How will it be applied? And what about the legal? Will the rights of each other be different? Besides, will the rights of each other be different from others? Also, their civil and political freedoms?
What mammoth disaster of drafting and what horrible confusion of notions!

2. Languages:

For the “Article 5 of the proposed new Constitution designed by MAS,” the official languages of the State are Spanish and all the languages of indigenous nations" (which are 35).

Can you imagine? Dear reader, what will the Official Gazette be tomorrow? And the contractual and statutory texts!! Notable. One fate of endless encyclopedia, but daily.

3 Moral and ethical principles:

According to the Article 8 ° of the new proposed Constitution proposed by MAS, "the State assumes as an ethical principle-moral: ama qhilla, ama llulla, ama suwa ", which in Spanish apparently (does not explain in which of the 35 official languages these principles are set out, nor to which of the ethnic groups are, what makes suspect that they are aimaras) want to say: don’t be lazy, don't be aliar, don’t be a thief. Raper, perhaps, it does not matter. Killer, either. Swindler, possibly much less.
Of the Ten Commandments of Mount Sinai, to the three moral and ethical principles proposed, there is a whole abyss. And, let alone, to the human rights recognized in the community of nations, or on civil liberties and policies that are the traditional of modern democracies.
What madness, like any other. But what it is serious is that the aforesaid principles are not limited to the nation to which surely belongs, but that they intend to impose on the other 34 cultures presumed to be different. Against any logical solution, of course, as everything that makes Morales, who believes himself anointed as "authority" undisputed of all, without any limit, and without having to listen to any minority, never and ever.
4. Presidential periods.

Here is the real "mother of species". This is without doubt, the real reason for the unusual reform that Morales and García Linera seek.

Indeed, the draft of the new constitution, in its Article 166, said: "The term of office of the president and the vice-president of the State is five years, and may be re-elected consecutively".

For ever and ever, accordingly. Without any temporary limit. And without recourse to "switch" as it should be the senior level between husband and wife, to conceal the real eternity of mandates.

As it also happened in Venezuela and Ecuador. Once again, it follows the “Bolivarian model. Of the democratic alternation, if you have seen, I do not agree. In contrast, with open totalitarianism.

5. The chaos "indigenous-peasant".

Morales does not feel part of the Judeo-Christian. It is clear. Rather, the hate. He only accepts the British component of football, for which he has a passion.

However, it is not surprising that Articles 199 and 200 allow that "the nations and peasants will exercise their jurisdictional functions and competition through their authorities and apply their principles, cultural values, standards and procedures". to all? Only to them?

This is the chaos, in its more pure legal version. Despite that it also says: "The original indigenous jurisdiction shall respect fundamental rights established in this Constitution" although interpreted inter-culturally (that is, from 35 possible ways).
In addition, it states that "the original indigenous peasant jurisdiction (if it is not peasant, it is presumed that the rules will be different) will decide in final form; its decisions may not be reviewed by the ordinary jurisdiction (this is without revision, or appeal. And if the decisions have to do with subjects of other nations, what the response is?

Go hell then! Referring to the "fundamental rights" that contains the Constitution since its scope would only be granted or interpreted by the original jurisdiction indigenous peasant (with 35 possible different views).

To make things worse, the resolutions of the jurisdictions originating indigenous peasant, will be "executed in directly". Will there be multiple police powers? How will contradictions be settled which obviously will have to appear in the interpretation of the same rules with 35 different cultural profiles?

Or will there only be an original indigenous jurisdiction … of the ethnicity of Morales… to which everyone, in his case, shall undergo?

Dear reader, I imagine that you are as amazed or astounded as I am. What it can be seen in a first analysis of the proposal from MAS, it looks like a recipe for plunge to a country multi-cultural in the deeper in the chaos and in the backlog more irremediable. And in the arbitrariness in the guise of legality. This is serious. At best is what it is intended… But now that the Venezuelans themselves are encouraged to reject similar proposals from Chávez, the scenario has changed… dramatically.

Emilio J. Cárdenas
Former Ambassador of Argentina to the United Nations.

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