The New Constitution: - Page 2

mountainannie · #11 10-06-2009, 07:23 PM

re point 7

what does this mean? The public only has the right to information which the State deems is true?

Please explain this one, someone!

domilinguist · #12 10-06-2009, 07:31 PM

Translation of text posted by Mr. Lu:-

CHANGES IN THE CONSTITUTION THREATEN THE RIGHTS OF DOMINICAN CITIZENS

Below - a list of setbacks that will be put into place if the Constitution is changed. These are just some of the points taken from information in the press and from Participación Ciudadana, although there are surely more.

1. Many collective rights will be suppressed including in the original reform project, such as the defence of common heritage, the right to enjoy property that belongs to the state, the right to peace, to development, to an honest and transparent public administration, to the use of scientific and technological advances, the right to have access to and freedom of expression in cyberspace, among others.

2, Citizens will no longer have the right to sue any law or legal ruling for unconstitutionality.

3. Neither will we have the constitutional right to be compensated or receive payment for damages or injury caused by property or services that are of bad quality.

4. The fact that public servants choose to give preference to their associates, family members, allies, friends or relations will no longer be punished.

5. Public servants will no longer, as is the case at the moment, have to present a sworn declaration of property owned.

6. The declaration in which senators and deputies are free or independent from decision-making and the fact that they should act according to their sacred duty to represent the public that elect them will now be eliminated. This means that they must now follow the guidelines of their parties, whose interests will be taken over those of the common man.

7. Access to public information will be conditioned as to what the state considers to be "truthful" and according to their own interests.

8. The most well-known point: that women with a high risk of pregnancy should be open to the possibility that they may die as a pregnancy will not be terminated under any circumstance...doing so would run the risk of being charged for a crime against the constitution.

9. The president will have increased power to get the nation into more debt without approval from the National Congress, and will be able to instate all the Vice Ministers that he wishes without any kind of limitation and to plan the national budget as he sees fit.

10. The Justice Department will lose its independence and will be taken down a rank to an executive role. Therefore the president will have more power to choose the appeal court attorneys and public prosecutors. This means that it will be more difficult to monitor corruption within the court.

11. A non-consecutive and non-defined re-election (the first and main reason for this bill) will not contribute to a surge in new leaders or a healthy turnover of power what it will do is maintain the same dinosaurs in power for decades. Can you imagine 30 years of Hipólito or Leonel?

12. It will not be possible to sue a legislator without the approval of the Chamber he/she belongs to, for whatever reason. If a legislator hands over a cheque with no funds to someone, that person will not be able to sue over it.

13. The number of representatives will be increased to 190 (more money from the state for them, more positions to give out during the elections).

14. No-one will be able to accept a job on Dominican territory from a foreign government without the authorisation from the Executive Power. This affects hundreds of Dominicans who work in embassies in foreign countries.

15. The original reform in the proposal would have prohibited the reduction in protected areas but this has been changed so that two thirds of the Chamber approves it.

16. The Judicial Power Advisory will be able to move judges when they wish. This is a concept from the time of Trujillo which threatens the main principle regarding the immobility of judges and that has in the past meant that this could happen as a sanction without notification. In other words, it will be difficult to bring powerful people to justice.

17. A number of articles go against international human rights agreements such as nationality, sexuality, the right to religious freedom, etc.

18. And to end with a magic touch: it will be more difficult to modify the new constitution as the mechanisms established for this will be more demanding than the current ones in place.

CONCLUSION: Political parties are creating legal conditions for a modern dictatorship. They are looking to create a state that does not serve the citizen but that benefits from a population that is submissive and exploited.

We still have time: The Supreme Court of Justice should recognise the unconstitutionality claim highlighted by Participación Ciudadana. The sentencing should annul the legal validity of the constitution project that at present certain people are attempting to approve.

Help to make these points known to raise awareness about what is happening and to construct a citizens' movement to denounce the modification of the constitution.

NO TO PARTY DICTATORSHIP. NO TO A CHANGE IN THE CONSTITUTION.

pedrochemical · #13 10-06-2009, 08:21 PM

Is all this constitution changing a recent phenomenon?
It seems to be a hot topic at the moment.
Is that because there is a new sustained attempt to amend it or are people finally getting fed up of progressive change over the years?

The points above are obviously somebody's personal take on each change but even so, it does look like the stage is being set for some less than democratic actions.

Again, is this happening more rapaciously these days?

domilinguist · #14 10-06-2009, 08:44 PM

The take is from Participacion Ciudadana. I took the liberty of translating it but the points are all still valid and have all been proposed in the new constitution for congress. What all this implies, ladies and gentlemen, is EXTREMELY worrying.

Hillbilly · #15 10-06-2009, 09:02 PM

There is now a group forming on Facebook: No al cambio a la Constitución.

This is a real cluster %^*&

HB

domilinguist · #16 10-06-2009, 09:23 PM

The best comment I heard was on Huchi Lora's show on Monday. Basically as the current new law now stands in order to be recognised as a Dominican citizen you need to PROVE that your parents (if foreign) lived legally in the country. If I am to understand correctly, that means you must produce an original birth certificate of both parents PLUS all documentation to show they were legal residents. This now means that they would have to post-homously declare Peña Gómez, one of the most prominent Dominican political figures of the 20th century, as a non-Dominican as he does not fit this criteria! What an absolute circus of events.

Mr. Lu · #17 10-06-2009, 11:01 PM

And we take another step backwards....

Mr. Lu

mountainannie · #18 10-06-2009, 11:15 PM

Quote:

Originally Posted by domilinguist

The best comment I heard was on Huchi Lora's show on Monday. Basically as the current new law now stands in order to be recognised as a Dominican citizen you need to PROVE that your parents (if foreign) lived legally in the country. If I am to understand correctly, that means you must produce an original birth certificate of both parents PLUS all documentation to show they were legal residents. This now means that they would have to post-homously declare Peña Gómez, one of the most prominent Dominican political figures of the 20th century, as a non-Dominican as he does not fit this criteria! What an absolute circus of events.

This is the proposed change to the Constitution? Can you post the wording?
I have not heard any outcries on this from the "Dominicano Haitiano" constituents.

Does anyone know exactly where they are in the process? I know that Article 30 has had two readings and passed. What about the other proposed changes?

Chirimoya · #19 10-07-2009, 08:59 AM

Quote:

Originally Posted by domilinguist

The best comment I heard was on Huchi Lora's show on Monday. Basically as the current new law now stands in order to be recognised as a Dominican citizen you need to PROVE that your parents (if foreign) lived legally in the country. If I am to understand correctly, that means you must produce an original birth certificate of both parents PLUS all documentation to show they were legal residents. This now means that they would have to post-homously declare Peña Gómez, one of the most prominent Dominican political figures of the 20th century, as a non-Dominican as he does not fit this criteria! What an absolute circus of events.

But a lot of people did anyway - he was always having to deal with disparaging remarks about him not really being Dominican.

mountainannie · #20 10-07-2009, 10:37 AM

Ciudades y Playas sin ?chopos? :: CLAVE digital móvil

In this particular commentary, Tahira Vargas states that the new Constitution does indeed allow privatization all the beaches, and rivers. She mentions that Baguate Falls is now "owned" by a German who charges $10 for entry... is this true? I thought that the Kennedy peace corps volunteer was working with the local guides up there to help the community?