The right is violated to popular consultation

National

SCJN restricts the citizens in the taking of excellent decisions: Miguel Concha

The right is violated to popular consultation

By: Carlos Damian                                          April 21, 2015

SCJN restricts the citizens in the taking of excellent decisions: Miguel Concha

México. -   Diverse social organizations went before the Interamerican Commission of Human Rights Watch (CIDH) to denounce that the Mexican State violated the basic guarantees from the citizens when not recognizing the constitutionality of the exercise of popular consultation on the reformation energy -petroleum, gas and electricity - and they requested to the organism precautionary measures to avoid the modification to the Great Letter to go into effect. Miguel Concha, executive of the Center of Human Rights Fray Francisco of Vittoria, underlined that the negative of the Supreme Court of Justice of the Nation (SCJN, for their initials in Spanish) to recognize the legality of the consultation it represented a clear violation to this right, although the initiative was supported for more than 4 million people. "There were all the conditions to make effective the popular consultation as a real mechanism of civic participation in the taking of excellent decisions. Contrary to it, the SCJN restricted and the right disappeared of facto with arguments that ignore the obligations of the Mexican State as regards civil rights and political."  Some weeks ago the participant communities in the initiative sent an application to the CIDH so that this recommends to the Mexican authorities the realization of the popular consultation; they asked that while it is solved that petition, grant precautionary measures to impede any derived artificial action of the energy reformation, until the citizens have expressed their opinion on the topic. Concha emphasized that there are already some communities that have already interposed help to stop economic mega-planed related with the approval of the reformation, in a series of resistance actions whose purpose is that they extend for the whole country. Jorge Fernandez, member of the organization of human rights Indignation, he asserted that the consultation is a fundamental exercise of political participation beyond the elections, which is more necessary to be a matter that affects all the Mexicans; he underlined that the precautionary measures should brake the application of the reformation to avoid irreparable damages.    It doesn't allow to solve officials' scandals  The constitutional reformation that generates the Anti-corruption National System (SNA) it will be voted in the Senate in the session of next Tuesday (21/04/15). Although senators of PRD and PAN pointed out that the new norm has deficiencies -no it plays the jurisdiction of the public, included servants the President of the Republic -, the document was approved by 38 votes to favor and one in against for the members of the commissions of Constitutional Points, Government, Anti-corruption and Legislatives Studies. The advance was due to the agreement between the coordinators of both Chambers so that the document coming from San Lazaro building it passed in its terms, without modifications as well as the deputies approved the Law of Transparency. The session of commissions began an hour and a half after those programmed, since the PRI and PVEM had given it goes behind in the agreement of including in the exhibition of reasons what would not motivate to return the document - 13 topics, among them to eliminate the presidential jurisdiction that they will be approached, via a new constitutional reformation and the secondary legislation. PRD’s men threatened not to attend that meeting, at the end they made it, but they only achieved that the topics were enunciated in the exhibition of reasons.     Senators Cristina Diaz and Pablo Escudero, Commissions presidents of Government and versus corruption, they sustained that the reformation contains important advances, among them to give full abilities to the Superior Audit of the Federation (ASF, for their initials in Spanish) to investigate the use of the public resources “of all the Mexicans” and to create a new Tribunal of Administrative Justice, with full autonomy to dictate shortcomings.  During the meeting, senator Alejandro Encinas, of the petit committee of the PRD stood out that there are advances, but “maybe the weakness and the most important inadequacy that it has this document are that he stays an exception régime to the federal Executive, the jurisdiction that prevents the President of the federal Republic to be sanction object before the eventual commission of a crime or some act of corruption". Ríos Píter of the same political line stood out that this SNA won't allow solving the scandals for corruption that now wrap to all the parties, as that of the ‘White House’ of EPN, the bribes of legislators of the PAN and the Iguala case that it wraps the PRD.     Authoritarian gale  Mexico is going by an authoritarian gale generated by a government that doesn't have effective solutions for the problems that the country lives, and whose answer before the critics and people's reclaims is to limit the freedom of speech spaces, and of social organization, journalist Carmen Aristegui affirmed.  The conductor pointed out that her recent dismissed of MVS Radio, in the one that supposedly was discharged to have incorporated to her work team to the platform Mexicoleaks, without warning previously to the company; this it is a case of several more than they illustrate the shake dinosaur of the current administration. Before an auditory in the conference organized by the School of Mexico (Colmex) the journalist emphasized in the first place that the cases of Tlatlaya, Ayotzinapa, and multiple abuses against the undocumented migrants are phenomenon that demonstrates the capacity of the State to investigate supposed cases of corruption and conflict of interests. "Ayotzinapa today is the great slope of the Mexican State, they tear us to be the poorest and we have left sensation that they will never solve it, that everything will be in a dead end alley. The exit of the PGR cannot take as the historical truth, because they have insufficient and serious manipulations", she underlined.     “We lack to wonder about our organization capacities or endplay to recognize that we already gave ourselves for conquered and we are observing without participating to modify the national reality", she said. With regard to the topic of their dismissed, the journalist celebrated that the federal judge Fernando Silva has accepted a help resource to reject the termination of his contract in a unilateral way on the part of MVS. "More than the return to the air is the moral obligation and professional that an authoritarian blow with these characteristics doesn't waste away. It is a stone to the Moon and I think that at least we already touch a cloud. The fact that a judge has admitted the resource that a help is important. Almost she would say that even if we lose, we already win", with this unpublished situation, it stood out. However, a fight “will win this way never it in solitary" who said delighted and optimist for people's participation in the collective help, where they claim that the concessionaires of the space broadcasting of the nation cannot only take out of the air a journalistic emission to have a critical character.  In this context, it celebrated that the judge calls to both parts and to dialogue in the facilities of MVS to reach an agreement. The trial can be “as long as the life” that distracts it of its journalistic work.   The judicial file 672/2015 point out that the first of January of 2009 the mercantile society FM Globe of Juarez SA of CV and Maria del Carmen Aristegui Flores celebrated a contract mark of benefit of services with duration of one year and renewable automatically for annual periods, except for negative of anyone of the parts. "In these moments the priority is to avoid that it wastes away this authoritarian blow", and on the other hand historian Lorenzo Meyer asserted that the work of Aristegui is valuable because it documents that the government's institutions “are atrophied or they never worked", and he remembered that the journalist has already been white in previous censorship occasions, to approach uncomfortable topics for the authorities. (La Jornada, politica, p.p. 4-9,   April 17, 2015).