suspension of elections, what behind?
The President could fall into a disciplinary and an overshoot to cancel the elections atypical January 23, 2011, which would be chosen to replace Juan Carlos Abbey in the Government's department of Valle.
By Alberto Ramos G. (*)
A President can only suspend the rules that are contrary to decisions taken to address the crisis, to suspend elections in the Valle del Cauca have to make a legal juggling in drafting the legislative decree within the state of emergency because of the cold wave has no direct relationship with the turnout. In a state of emergency can not alter the enjoyment of human rights and the right to participation is a human right: that is enshrined in Article 40 of the Constitution. States of emergency are transient and regulates the Constitution to not break the rule of law, and to prevent rule by decree for avoid constitutional dictatorship. A state of emergency may suspend other infra rules necessary to run in order to remedy the factors of the crisis, in this case the environmental catastrophe, but can not cancel or repeal existing rules and elections could be suspended, but will have to do.
Legislative decree can not say that no election. So far it has gone this decree, only the announcement came. One thing that stands out is that the Constitution is very different to suspend cancel. I guess then that will delay everything. How? Suspending for another date which will then be impossible. A state of emergency as the emergency economic, social and ecological can only be ordered for 30 days, renewable twice more until you reach 90. The 90-day meet on March 30, by then reactivate the election becomes unviable due to the short time remaining term and the crossing of the other logistics for another election, October 2011.
Leaving this decree can not say that the elections are canceled, because no president in Colombia, after 1991, can repeal the existing provisions in a state of emergency, only could be suspended for possible and applicable measures to try to avert the emergency.
All measures taken within the state of emergency should adopt, implement and develop only within the duration of the emergency period declared by the national government. Measures during the time of the emergency, it is the appearance of an exceptional law and transitional.
The president could fall into a disciplinary and an overshoot to cancel the elections, could suspend the elections for the remaining period of the time decreed in the emergency, but given that the measure was enacted on December 8 for 30 days, and elections are scheduled for Jan. 23, when they would not force the measure, then it is safe, would first extend the economic emergency, social and ecological for another 30 days in a new decree that would allow him to suspend the elections until a date close to the February 8, 2011.
But from January 23 to February 8, there are only 15 days, and there he runs the second extension of 30 days within the constitutional emergency, so would be looking to go to the third extension that will allow the article 215 of the Constitution and the Law 137 of 1994, to reach up to March 8, 2011.
This procedure would be impossible because the extensions are staggered as conditions of adversity and disaster continue. They may not be fanciful or imaginary or futuristic. The Constitutional Court in the automatic control of the state of emergency does not endorse or agree to an extension without proportionality and necessity with respect to those facts.
(*) Master in Political Science, Universidad Javeriana.
sexual slavery
By Luis Carlos Lozano O. (*)
The human species has not escaped or escape from slavery in its various expressions, just change the style of enslaving, names of masters, slaves, space and time. Statistics show that sexual slavery is among the highest peak in the world today. This tragedy is shared by many people fooled by gangsters and sex merchants that submit daily to thousands of them, in different parts of the hemisphere to the cruel drama of sexual slavery, shared by 390,000 million people worldwide.
journalist Lydia Cacho in his book states that this illegal business left to corrupt some 16,000 million dollars a year worldwide. This behavior is also called prostitution illegal enforced, which unfortunately is often directed to immigrants from Western countries, Asian, African and Latin Americans as the most prominent in this evil business.
commercial sexual exploitation is a matter not of pleasure but of money taken by networks of criminals with international links, where some groups "specialize" in caption, legalization of documents transportation, transfer, lodging, destinations which people are tricked by some criminals who are offered jobs as models, actresses, dancers, caretakers of children and the elderly with attempts sums of money as payment. Are merely a mechanism to catch them in their clutches.
Once the have in their possession and domination become victims of threat or the use of force, intimidation, abduction, fraud, abuse of power or a position of vulnerability. They even provide force-feeding with drugs to control their victims.
These traffickers arrange travel and job placements. The women are escorted to their destinations and delivered to employers, all with the purpose of earning large sums of money through the exploitation of women naive. They may lose their lives or their families before any attempt to escape, it is difficult and dangerous.
The merchants of these people often confiscate passports and / or money to make them completely dependent. This practice, also known as sex trafficking, human trafficking or "white slavery is illegal in most countries, but the market is in effect and long boom.
His control was out of the hands of the authorities, because they have the appropriate prevention and because many officials are complicit in this nefarious business.
(*) Colombian lawyer and writer, a correspondent in Spain.
0 comments:
Post a Comment