By Victor G. Atencio Human rights activist
In moments when I feel that we need Patria, Republic and Freedom, and given the Government's call to consult the public on various topics, and comments and discussions on this call; I've been to find the rules and experiences of other countries, in order to get a more or less informed opinion on the matter. So I read
standards of countries like Spain, Mexico, Colombia, Argentina, and see recently, issues such as the transfer of a Moai to France (March 1, 2010), or the payment of compensation to the UK and Holland by the crisis in the banking system (March 6, 2010), were asked to the people of Easter Island in Chile and Iceland respectively, each with negative results.
In this search I also found the Act No. 4 of March 17, 2010, issued by the Parliament of Catalonia, which is about referendums via referendum.
As this is perhaps the most recent standard issued in the world on the subject, I shall briefly disclose some points that I find interesting for the debate in our country is promoted, with the caveat that even this latest standard is had its detractors (on the objections of Deputy dollors Battle may be the next league http://www.intereconomia.com/noticias-gaceta/politica/cataluna-podra-celebrar-referendos-permiso-del-estado ) and that to understand it, must take into account the particular political and legal system of Spain.
The Preamble highlights the objectives of the Government to "encourage participation and increase the quality of democracy to encourage implementation of mechanisms for citizen participation, to next administration and ensure the participation of citizens in making decisions that affect their interests", and later enter define referendum by referendum (art. 3) as "an instrument of direct participation to determine the will of the electorate on policy issues of particular importance to the guarantees of the electoral process."
Within the Law of Catalonia, there are provisions that allow queries can be made on issues covering the powers of the Government or the City Council. However it requires the approval of the English government.
popular consultations via referendum can be, depending on who holds the initiative, institutional or popular initiative (Article 11). Those under the Government a proposal of the President, Parliament a proposal for a fifth of the deputies or two parliamentary groups, or 10% of the municipalities that must represent at least 500 thousand people (art. 15).
popular consultations via referendum on popular initiative may be driven by the citizens of Catalonia, provided they have the support of 3% of population (which in January 2008 amounted to 7,364,078 inhabitants), whose signatures must be collected within six months. The popular initiative inquiries are forbidden to touch or budgetary tax issues, love the general prohibitions of the art. 6 extend to all queries, which states that these can not go against the powers that the Constitution and the Statute of Autonomy recognized institutions of the Government and local authorities, or may be formulated so that a bill affecting or bill that is pending in Parliament.
consultations via referendum on a municipal level, can play songs to the jurisdiction of the municipality and local, with the exception of matters relating to local finance or prohibitions of art. 6. In this area the initiative can also be institutional or popular.
The rule also talks about when queries are binding or advisory, and thus when the Government must act on the results, information campaigns, access to media and public spaces for the dissemination of the campaigns informative, such access free of charge (such as in municipal areas, or in the media state-owned), according to criteria of equal opportunities for the dissemination of each of the positions on consultation issues, among others.
also regulates matters such as absentee ballots, whether from electronic voting, petitions by electronic means, so any sort of arrangements specific to the democracies of the twenty-first century.
So, we recognize that we have not exhausted the contents of the Law on referendum in Catalonia.
only hope to contribute modestly, by this means, the promotion of references, comparative in nature, which serve to nourish the seminal debate on the issue of Panama, because we have the conviction that well-targeted public consultations can be a important tool for improvement of our democracy, especially if we draft a rule to facilitate this mission, and avoid falling into the temptation to submit to referendum, issues that should be forbidden in liberal democracies (can remember my position on the death penalty in visible http://www.laestrella.com.pa/mensual/2010/03/16/contenido/212793.asp ).
wish, so be it.
In moments when I feel that we need Patria, Republic and Freedom, and given the Government's call to consult the public on various topics, and comments and discussions on this call; I've been to find the rules and experiences of other countries, in order to get a more or less informed opinion on the matter. So I read
standards of countries like Spain, Mexico, Colombia, Argentina, and see recently, issues such as the transfer of a Moai to France (March 1, 2010), or the payment of compensation to the UK and Holland by the crisis in the banking system (March 6, 2010), were asked to the people of Easter Island in Chile and Iceland respectively, each with negative results.
In this search I also found the Act No. 4 of March 17, 2010, issued by the Parliament of Catalonia, which is about referendums via referendum.
As this is perhaps the most recent standard issued in the world on the subject, I shall briefly disclose some points that I find interesting for the debate in our country is promoted, with the caveat that even this latest standard is had its detractors (on the objections of Deputy dollors Battle may be the next league http://www.intereconomia.com/noticias-gaceta/politica/cataluna-podra-celebrar-referendos-permiso-del-estado ) and that to understand it, must take into account the particular political and legal system of Spain.
The Preamble highlights the objectives of the Government to "encourage participation and increase the quality of democracy to encourage implementation of mechanisms for citizen participation, to next administration and ensure the participation of citizens in making decisions that affect their interests", and later enter define referendum by referendum (art. 3) as "an instrument of direct participation to determine the will of the electorate on policy issues of particular importance to the guarantees of the electoral process."
Within the Law of Catalonia, there are provisions that allow queries can be made on issues covering the powers of the Government or the City Council. However it requires the approval of the English government.
popular consultations via referendum can be, depending on who holds the initiative, institutional or popular initiative (Article 11). Those under the Government a proposal of the President, Parliament a proposal for a fifth of the deputies or two parliamentary groups, or 10% of the municipalities that must represent at least 500 thousand people (art. 15).
popular consultations via referendum on popular initiative may be driven by the citizens of Catalonia, provided they have the support of 3% of population (which in January 2008 amounted to 7,364,078 inhabitants), whose signatures must be collected within six months. The popular initiative inquiries are forbidden to touch or budgetary tax issues, love the general prohibitions of the art. 6 extend to all queries, which states that these can not go against the powers that the Constitution and the Statute of Autonomy recognized institutions of the Government and local authorities, or may be formulated so that a bill affecting or bill that is pending in Parliament.
consultations via referendum on a municipal level, can play songs to the jurisdiction of the municipality and local, with the exception of matters relating to local finance or prohibitions of art. 6. In this area the initiative can also be institutional or popular.
The rule also talks about when queries are binding or advisory, and thus when the Government must act on the results, information campaigns, access to media and public spaces for the dissemination of the campaigns informative, such access free of charge (such as in municipal areas, or in the media state-owned), according to criteria of equal opportunities for the dissemination of each of the positions on consultation issues, among others.
also regulates matters such as absentee ballots, whether from electronic voting, petitions by electronic means, so any sort of arrangements specific to the democracies of the twenty-first century.
So, we recognize that we have not exhausted the contents of the Law on referendum in Catalonia.
only hope to contribute modestly, by this means, the promotion of references, comparative in nature, which serve to nourish the seminal debate on the issue of Panama, because we have the conviction that well-targeted public consultations can be a important tool for improvement of our democracy, especially if we draft a rule to facilitate this mission, and avoid falling into the temptation to submit to referendum, issues that should be forbidden in liberal democracies (can remember my position on the death penalty in visible http://www.laestrella.com.pa/mensual/2010/03/16/contenido/212793.asp ).
wish, so be it.
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