A little respect on the death of a former president
I end up taking the census and just sit in front of me the computer to check email and social networking at about 10 am, I learned of the passing of Nestor. I still do not go to the amazement of his untimely death, a very active and involved in matters of the country and the region. Surely the political and social scene and not be beaten.
It seems important to clarify that I always tried to maintain a critical distance from government and its policies, not to enter the zero-sum game and to oppose for the sake of doing so. No doubt his style and politics has left an imprint on the history of our country.
But I would point out are some of the different reactions of society that I have seen at this news. I could identify four reactions, two are acceptable, the other, negligible. The first is represented mainly by followers of his ideas and policies which manifests a deep pain, shock and sadness at the loss of their leader. Then there are those sectors shown with respect to the loss of a former constitutional president beyond communion or not some of his political views, personally I enlisted in this space.
with great fear, however there are two sectors that outlines expressions of "clamor for his death" , and finally to those who made a religious speculations as "punishment of God" or something similar . The two I think are reprehensible, because, first of all has been a human. The loss of life in general is a call for reflection on the value and fragility of it. Celebrating death as something longed for and desired, shows the high degree of dehumanization and lack of sensitivity in this particular case.
Finally, for distances beyond the policies that may be is a moment of respect, which involves a sense of solidarity and civic engagement with the institutional investment that coated and ex-President's Office, as Deputy Secretary of UNASUR and PJ.
In this section I will make a brief personal summary of the initiative and the project itself. Be analyzed: (i) A fundamental debate: operation of the constitutional demands. (ii) The Paradigm and paradigms. (iii) When the formal equality is inequality real. (Iv) The Executive is present.
(i) A fundamental debate: operation of the constitutional demands.
First, beyond the points of agreement and divergence that may have on the draft submitted by Hector Recalde, serves as a trigger for a much deeper debate. Because the scene is placed the issue of realizing the operation of the constitutional demands. In this particular case the provision of Article 14 bis is clear and convincing to wield "Work in its different forms shall enjoy the protection of the laws which guarantee workers ... participation in the profits of enterprises, with control of production and collaboration in management. "
To comply with constitutional provisions and in particular this is referred to above all be loyal to the pact with society. Given that the "individual rights are mechanisms by which society promotes its most cherished ideals." This means that society, in its legal axiological scale, the issue of work and the participation of profits, control and collaboration in management are widely valued and thus are recognized and awarded as rights. This situation has once again been confirmed in the latest constitutional reform of 1994 which ratified the provision and renewed the covenant.
On the other hand there is the urgent question of operationalizing the provisions of the constitutional text as one of the qualities of the ontology of a right is likely to be enforceable, otherwise it is against an expression of good wishes, grandiloquent expressions which serve merely to decorate the Constitution. And to be performed include intended as a gracious gift and not as what it is: a right. It is for this reason that we recover the initiative positively, I repeat, beyond whether or not you agree with the particular project, and comply with this constitutional provision, it becomes a reaffirmation and strengthening the rule of law .
(ii) The Paradigm and paradigms.
Some argue that this project presents a conflict between Article 14a and property rights protected in Article 17 of the Constitution, because by imposing a 10% share of the profits on the basis of taxable income of income tax and corporate-phased implementation of certain conditions, it is affecting the property rights of entrepreneurs. The main point is far in some of the critical part of a reading of these provisions, and especially the social cut, from a modern constitutional paradigm of the nineteenth century, where one of the main axes are hermeneutical triad-individualism, formal equality free trade. From this perspective, the company is treated as one-dimensional manner to the budgets of property rights, where it is reduced to the status of "thing." In such scheme is a step preferably in the legal systems of the modern individualistic court where the property right is absolute, and where these provisions and the project is perceived as a blatant attack on property rights.
But today there is no doubt the role of business and its importance in the social whole, in which can not be reduced to the status of absolute private property simply because it goes beyond that characterization because of gravitation has on the economy, the cultural and social stability is an important pivot for the development of society in general. For these reasons and others, provisions enroll 14a of what has been called Social Constitutionalism and that in view of the importance of the company as a social institution must be given recognition and participation of major stakeholders of the company, and they are together with the entrepreneurs: workers, the state and society in general. So that from this paradigm shift the profit-sharing, control and collaboration in the management of enterprises is not attack on property rights.
(iii) When the formal equality is real inequality.
Some of the criticism is in affecting the principle of equal receptive article 16 of the Constitution. Because workers participate in the profits and not the loss as do employers. This assessment is biased because it ignores the situation of disadvantaged and vulnerable time of the sector worker. The view from formal equality and social issues unique axis is not wise because it is rooted in reality and history of social and political struggle of the workers in our country. This vision of the modern paradigm described in the preceding paragraphs. That's why from a multidimensional perspective, fulfilling occurrence and equal Structural workers should not bear the loss, but if there is no gain, did not participate.
(iv) The Executive is present.
A project of the points that caught my attention is the strong presence of the Executive Branch when making appointments to the presidency and representatives of the tripartite. Because the bill provides that the president be elected by the Executive of integrating the presentation of the Ministry of Labour, Employment and Social Security, the rest of the members proposed by the institutions PEN also designate the excessive role may undermine the reason for this being triparito as enforcement authority and opportunity for dialogue to be a functional entity to the government's interests.
CUFA INTERNATIONAL: Chilean Committee CUFA VISIT RIO DE JANEIRO IN THE COMPLEX OF THE CITY OF GOD. CUFA
little turned 2 years of international activities, shows it is a solid organization and generates exchanges in all sectors of vital importance for social inclusion of the disadvantaged.
Last week a Chilean Committee, comprising representatives of public security of that country, visited in institutional complex "carioca" of CUFA RJ, recognized in the "favela" City of God (CDD). The visit was aimed to better understand the activities that CUFA, in this and other communities Rio de Janeiro, in relation to public safety and social inclusion.
CUFA Brazil many years ago carries out activities related to the suburban culture, involving the 5 elements of Hip Hop (Break Dance, Graffiti, Skate, Rap and Street Basket).
Chilean authorities are considering the work done by CUFA in Brazil and in the near future want to implement similar activities in their country.
This is one of the many actions that may be developing International CUFA in other Latin American countries including Bolivia, as there is already a series of contacts made between Bolivia and CUFA CUFA Brazil, for some kind of socio-cultural exchange. Cesar
What is the "law of Glaciers" or rather the Minimum Budget Scheme for the Preservation of Glaciers and Periglacial environment? Another possible
Humanity is part of a vast evolving universe. Earth, our home, is alive with a unique community of life. The forces of nature make existence a demanding and uncertain adventure, but Earth has provided the conditions essential for the evolution of life. The resilience of the community of life and well being of humanity depend upon preserving of a healthy biosphere with all its ecological systems, a rich variety of plants and animals, fertile soils, pure waters and clean air. The global environment with its finite resources is a common concern
for all peoples. The protection of the vitality,
diversity and beauty of the earth is a sacred duty.
The Earth Charter
In this paper identifies the main characteristics of this new law, it is worth remembering that there is still regulation by the National Executive itself. It has identified five items that were developed along the text. These are considered central to a thorough understanding of the Minimum Budget Scheme for the Preservation of Glaciers and Periglacial environment. (Hereinafter RPMPGP).
first be referred to the constitutional issue in the sense of environmental protection mandate. Was also pointed out the issue of inventory what it is, who and when made. The third point is the issue of activities which ones are banned, how are the evaluation procedures for exercising those permitted. Then indicate what the law provides penalties for violations thereof. Finally will be mentioned with regard to the authorities, whether competition and implementation and about the role of the latter. As an appendix will be incorporated into the text of the law.
I. The constitutional mandate
The issue of environmental law is no longer simply a residual right of Article 33 of the Constitution Nacional (hereinafter CN). Because since the last constitutional reform has incorporated expressly in the Constitution. Undoubtedly items such as 41 and 43, and the incorporation of international treaties by Article 75, paragraph 22, makes clear the constitutional roots of the right and the duty to protect the environment.
RPMPGP Thus landmark to be in compliance with the constitutional demand of environmental protection down the article. 41 second and third paragraph of the Constitution. In which states: "The authorities shall provide the protection of this right, the rational use of natural resources, preservation of cultural and natural heritage and biodiversity, and environmental information and education. The Nation promulgate rules containing minimum protection, and the provinces those necessary to reinforce them, without altering their local jurisdictions. "
One item should be combined with the General Environmental Law (No. 25,675) and that Article 41 is violated, because in that delineate the "minimum to achieve a sustainable and appropriate management of the environment, preservation and protection of biodiversity and the implementation of sustainable development "(Art. 1).
Under this constitutional duty RPMPGP budgets is to establish minimum standards for the protection of the glaciers and periglacial environment, to which they are constituted as public goods. The glacier is defined as "a stable perennial ice mass or flowing slowly, with or without pore water, formed by recrystallization of snow, located in different ecosystems, whatever their shape, size and status conservation. They are part of each rock glacier detritus and internal courses and surface water. (Art. 2).
For the latter states that "the term periglacial environment in the mountains, the area with frozen soil acts as a regulator of water resources. In the middle and lower mountain area that operates as a regulator of soil saturated with water ice. "(Art. 2)
The objectives of the protection and preservation of glaciers and the environment periglacial are four: first, as strategic reserves of water resources for human consumption and agriculture. This is a critical step in regard to the protection of freshwater reserves the right to water. The second objective is to preserve as water providers either for recharging watersheds and biodiversity. As a source of scientific information. And finally as a tourist attraction.
This law, the law RPMPGP with integrated waste management industry and services (No. 25,612), the management of PCB's (No. 25,670), General Law Environment (No. 25,675), la de Gestión de Agua (n° 25.688), la de Información Ambiental (n° 25.831), la de Residuos domiciliarios (n° 25.916), etcétera. Pasa a integrar ese bloque normativo en desarrollo hacia una tutela más efectiva del medio ambiente y de la reglamentación de las actividades vinculadas.
II. EL INVENTARIO
Una de la novedades de la presente ley es la institución del Inventario Nacional de Glaciares (de ahora en adelante I.N.G.) el cual persigue the identification of glacial and periglacial environment in order to achieve appropriate protection, control and monitoring. For a better understanding of ING in the following paragraphs are subdivided into the following issues: (i) the who inventory. (Ii) how the inventory. (Iii) when the inventory.
(i) The inventory who
According to the rule responsible for the inventory will be at the head of the Argentine Institute of Snow Research, Glaciology and Environmental Sciences (IANIGLA) with coordinating the national implementation of this law. And if it ever does a case of border slope of the international boundary, prior to the inventory, you have to give action to the Ministry of Foreign Affairs, International Trade and Worship. (Art. 5)
(ii) what the inventory.
With respect to the contents of the inventory, this should cover the identification of glacial and periglacial environments. The information must be recorded on the basis of four categories fixing the RPMPGP (Art. 4). Namely it is:
For watershed.
For the location.
For the surface.
by the morphology of glaciers and periglacial environment.
(iii) when the inventory.
The beginning. According to a transitional provision (Ar. 15) when enacted into law the IANIGLA has a period of 60 days to submit an implementation schedule inventory to the enforcement authority. This timetable must take priority to those areas in which activities are developed. Where the inventory should be performed in a period not longer than one hundred eighty days.
updating. It has to be updated at intervals not exceeding five years. And we must take into account the changes before they can take, either in advance or retreat as well as factors influencing their conservation, on the surface of glaciers and periglacial environment (Art. 4)
III. ACTIVITIES
The regulation of activities in this regime can be divided between groups. (I) Prohibited activities. (Ii) subject to evaluation activities. (Iii) activities in implementation. (Iv) The exempt activities.
(i) Prohibited Activities:
This grouping of prohibited activities can be distinguished on the one hand it sets a standard, a principle prohibitive; and other specific prohibitions set. In principle, setting the general prohibition of any activity that violates the purpose of the Act, namely the protection and preservation of glaciers and periglacial environments, and involving the destruction, removal or interfere with the advancing glaciers.
As to the specific prohibitions refefiere the text of the law (art. 4) is listed at:
Pollutants: release, dispersal or disposal of substances or contaminants, chemicals or waste of any kind or size. Extends to the periglacial environment.
Construction: prohibiting the construction of architecture or infrastructure except those required for scientific research and risk prevention.
Mining and hydrocarbons exploration and mining and hidrocraburifera; is also extended to preriglacial environment.
Industry: Installation of development or construction industries or industrial activities.
(ii) Activities subject to evaluation
Those activities are not prohibited must make a twofold process of assessment, prior to the authorization and execution thereof. First environmental impact assessment. The second is a strategic environmental assessment.
Finally, depending on the scale of intervention guarantees for citizens' participation, especially through hearings, according to the Law 25,675, Article 21 specifically states that "citizen participation should be ensured, mainly in procedures for environmental impact assessment and plans and programs of environmental planning, particularly in the planning and evaluation of results. "
(iii) Activities implemented
Where that prohibited activities are running, should have a environmental audit that identifies and quantifies the potential environmental impacts generated. In a period not exceeding one hundred eighty days. Verifying that impact is relevant authorities provide appropriate measures to ensure compliance with this law, may order the cessation or relocation of the activity and protective measures, cleaning and restoration apply. (Art. 15)
(iv) Exempt activities
The activities to be exempted from this evaluation process (Art. 7) activities:
Rescue, emergency arising
Scientific, made on foot or on skis, with any sampling, do not leave debris in glaciers and periglacial environment
Sports, including mountaineering, rock climbing and non-motorized sports, without disturbing the environment.
III. PENALTIES
Violations and penalties are set out in principle by establishing in each of the jurisdictions, because of its police power. Which should not be less than the minimum established in RPMPGP However, in the alternative, in case of missing a penalty system in the relevant jurisdiction Article 11 states that additionally the following penalties apply under the national jurisdiction:
Warning. Fine
hundred (100) to one hundred thousand (100,000) base salary of entry level national public administration.
Suspension or revocation of licenses. The suspension of the activity may be thirty (30) days to one (1) year, as appropriate and considering the circumstances.
Termination of the activity.
Where recidivism (Art. 12) - the law is that which states that within a period of five (5) years preceding the date of commission of the offense is punished for any offense of environmental cause-fines and suspension / revocation minimums and maximums may triple. As regards the legal text outlining responsibility in the event that a legal person outside the offending those who are in charge of the direction or management are jointly responsible sanctions. As for the fate of what is perceived as a fine will focus on environmental protection and restoration of glaciers affected.
V. AUTHORITIES
The authorities will be determined by each jurisidicción, and in the case of the areas covered by the National Parks Act (Law 22,351) competition will be in charge of Administration National Parks. Regarding the A uthority Implementation is expected to be the senior national body with responsibility to environmental-determined in the regulation of the rules, still unrealized. It states that its functions will be to (Art. 10):
formulate actions for the conservation and protection of glaciers and periglacial environment, in coordination with the competent authorities provinces, within the Federal Council on the Environment (COFEMA), and the ministries of the national executive in the scope of their powers.
Contribute to the formulation of policy relating to climate change according to the objective of preservation of glaciers and periglacial environment, both in the national orbit, as in the framework of international agreements on climate change.
Coordinate the preparation and updating of the National Inventory of Glaciers, by the Argentine Institute of Snow Research, Glaciology and Environmental Sciences (IANIGLA).
regular reporting on the state of glaciers and periglacial environment existing in the Argentine territory and the projects or activities that occur on glaciers and periglacial environment or their areas of influence, which will be referred to National Congress.
advice and support to jurisdictions local monitoring programs, monitoring and protection of glaciers.
Create promotional programs and incentives for research.
Develop education campaigns and environmental information according to the objectives of this law.
Include the main results of the National Inventory of Glaciers and updates on national communications designed to inform the United Nations Framework Convention on Climate Change.
Theology: An interview with theologian Nicholas Panotto.
We must prioritize major biblical themes such as justice, equality and, above all, the importance that the idea of \u200b\u200bhuman fulfillment to the Judeo-Christian tradition. And from there, as did the prophets and prophetess, demand for and support any initiative that seeks to build a more just society. Nicholas Panotto
A continuing concern has been the subject of theological discourse and influence the way issues public, social and economic relevance. Many of those unfortunately are characterized by rancid aroma, whose maxims are anchored in an attempt to preserve the status quo and to legitimate social structures of injustice. This is where I wonder where is the "gospel", where the "good news" that praxis transforming the relationship between human-human and human-in-the-world.
is in this quest for a "gospel" that really have something to say to new scenarios of the century, I present to Mr. Nicholas Panotto, partner at the time of study, who from early age was characterized by an important insight, critical thinking and a deep sense of social and dialogic. It currently has numerous publications and conferences to his credit. He is also author of the blog http://nomadismocontingente.blogspot.com/. Undoubtedly represents a breath of air to the current theological task. Without further words, here is the interview:
What kind of relationship the churches have had with the State throughout history? What kind of theology is legitimate?
This relationship has been rocking along ever. Beyond the "State" is a modern political party, we can go back to the dynamics of Christian communities face different political power plants. We have the first Christian communities and their practices cuestionantes supportive of the logic of the Roman Empire, then the union of the imperial structure and church hierarchy in the Middle Ages, and then the upheavals in modern times with the impact of the reform and decentralization ecclesial structure (although we know that the Lutheran Reformation did not mean a sharp break in the church-state until the arrival of the Anabaptist movement, we must also know that reform was possible thanks to a particular socio-political context that has already brought with it a strong resistance to the place of the Pope on matters of pubic part of the local kings and lords).
Beyond that we can not deny that this break in modern times came to a dramatic change in Western society regarding the place of the church, she, in both a social institution, continued to have a central place and even decisive in the public and political issues of society. The church has standing of various political and economic systems, from the role of Christian missions in the expansion of the European government market and conquered lands to the blessing of Latin American military dictatorships and decisive action in the U.S. presidential election. The church, even today, represents a reservoir of human symbolic and legitimating, either from their institutions and from his speech, moralistic, for certain special interests, whether of class, morality, ethics, etc.
In other words, beyond the absence of a formal separation (although that is still not as well as there are laws that give priority to the Roman Catholic Church in several countries), symbolic, social and political-institutional church remains central to the definition of public space and political institutions. And this goes not only to the Catholic Church but also to the Gospel. We have seen in recent times with the marches and documents issued by the issuance of different types of laws and the staging of various social problems. The union did not create the many theological discussions it has the support and defense of moralizing in the public!
What is called "prophetic voice"? Do you think that is possible?
"prophetic voice" is a theological concept that different trends are developing in our continent for decades. Depart from a reading of the prophetic books, placing emphasis on the social place of the prophets and their constant complaints about the oppression of the political, legal and religious. Hence, they, far from diviners or soothsayers of a coming time, are men and women inspired by the Spirit to go beyond the circumstances, recognize the root causes and evidence on behalf of justice that God intends for all people, the need to transform society.
is interesting to note how certain evangelical groups that traditionally has repelled these theologies, now claim the use and propagation of the theological idea as a great discovery for the relevance of the church in our time.
Of course I believe that is possible, and even healthy for the church today. We must prioritize major biblical themes such as justice, equality and, above all, the importance that the idea of \u200b\u200bhuman fulfillment for the Judeo-Christian tradition. And from there, as did the prophets and prophetess, demand for and support any initiative that seeks to build a more just society. The church lost that status when all he seeks is not to lose those discourses and practices that keep their bases intact. The priority is in its capacity as an institution and not in the fullness of life.
liberation theologies have been identified in the past for its revolutionary character. Do you currently have reinvented? What kept and has innovated? What do they have to say to the present socio-political economy of Latin America and especially Argentina?
theologies of liberation in Latin America were the major contribution to the world of theology. As a friend, "who seriously wants to do theology today can not not go through them." But like all theology, was a particular historical moment, with precise and theoretical problems responding to such circumstances. The place of dependency theory, neo-Marxist readings and socio-political utopias were magazine of the revolutionary '60s and '70s, which directly impacted the theological development of the continent at the time, but now have many limitations to a relevant proposal.
Obviously the circumstances are very different today. We live in a globalized, postmodern, neoliberal and very complex, which has led many of these approaches have fallen short when a theoretical analysis. This same narrowness live Latin American liberation theologies. A bipolar view of the world, centralization in the "subject poor" reading class and the primacy socio-economic elements as the only framework of analysis, which is reflected in terms such as liberation, the poor, oppression, etc .- are some of the elements that have become obsolete, at least as unidirectional point to analyze our situation and build a theological proposal.
There are several currently rethinking. First, the emergence of "new subjects" (women, homosexuals, indigenous, Afro-Americans) have challenged the theological development in Latin America to travel on other routes and thus enlarge their analytical framework. Second, there are several proposals such as school Ecumenical Research Department (DEI), who have made significant contributions to the rethinking of these theologies from the preponderance of the place of the subject and new interpretations of socio-economic world. Lastly, poststructuralist and postmodern proposals, but have not yet heard loud on our continent, have posed a profound criticism of these theologies and many of its discursive and epistemological naiveté.
As I said in the beginning, I think the liberation theologies propose an undeniable contribution, but require a thorough re-reading. Many of its approaches, such recognition of historical contingency all theological discourse, the centrality of a "theological subject" in the construction of a religious worldview, the danger of the church, institution and address legitimate economic, social, moral and political, among several others, are issues central to development of all theology. What we do is proceed with such construction from the also new questions to new circumstances in which we live. What is it doing theology in a postmodern globalized world? Can we speak of a single theological subject compared to the number of identities that represent our context? What do we say when we speak of "poor" Latin America built a generation excluded from the workplace (so-called "structural poverty")? What or who want "free" today when the figures of social, political and economic will blur in the complexity of "micro-powers" (Foucault)? How does it affect the budgets of the liberation theologies deconstruction of the great modern absolute in his speech which has supported traditional 1 ?
1. I invite you to join www.ftlbuenosaires.blogspot.com where you will find the presentation by Dr. Nestor Miguez and two reactions to it, set out in the last event of the LATF on "Latin American Theologies: new scenarios, new subjects, new discourses" on September 25, 2010.
