On March 25, 2011, includes a news Reporteros24 The National reports the exclusion of some community councils, the note specifically states:
have heard it all: back another day, the papers were lost, made the process incorrectly, you must repeat the elections. These are part of the reasons delaying the process of adaptation that had to take more than 30,000 associations formed throughout the country to adapt to the new Organic Law of Communal Councils, culminating in December 2009. In the offices of Fundacomunal entity which must register these organizations, citizens have seen a bureaucracy, which also has segregated.
Leaders like Manfredo Gonzalez qualify him for political apartheid. Communal councils will be responsible for electing the members of the community board, replacing the parish, in elections of the second degree, according to the recent reform of the law of municipal government. "If you do not register, you can not participate," he said.
addition, communal councils power to choose members of the Councils Estate Planning, whose law was also reformed and forced to adapt those instances where a deadline next week.
legalization Lack of resources limits the procurement executive, in February approved the transfer to the communes of 1.9 million from the Fondemi Bs.
Although Chacao community councils have no record, advance projects such as the controlled parking.
excluded:
Gonzalez is on its hands before managing to get the certificate from the municipal council that belongs, which is located in The Marquis. The complexity of the process, the constant changes in legislation and work to get the record has shocked many community initiatives. But spokesmen for the organization, however, have decided to dispense with national government resources and work jointly with the Municipality of Sucre.
The Fact: The National Front Excluding Community Council has a blog and Twitter account @ ccexcluidos Neighborhood Association The Marquis still survives and through it with RIF and bank account.
"There are community councils that have taken the necessary steps to ensure the registration and still do not. The adequacy of the municipal council to the new law, among other things, depends on signing a document that tells your community council is working for the socialist country and that the creek is not worldwide, "he said.
González is clear in the numbers:
Of the 27 community councils that are in neighborhoods in the municipality of Sucre, only 1 has succeeded in obtaining registration. Barriers to adaptation affected areas where residents are supposed opposition.
The situation is repeated in other towns: in Baruta, 80 formed communal councils, 37 managed to get the record and the majority has period covered. In Chacao, only the neighborhoods of El Pedregal, La Cruz and Pajaritos are legal, the rest of the municipality, articulated in 23 clusters, the process has failed.
discrimination prompted the establishment of the National Front Excluding communal councils, which will make its first big meeting tomorrow at 10:00 am in the Plaza Brion in Chacaíto. The organizers of the activity has come in contact with over 1,000 organizations that consider themselves discriminated against. The meeting will coordinate a network of citizens who require equal conditions for participation. Be installed in place a kind of box office only, which organizations will attend and give advice if necessary, explained Kiome Scovino, a member of the committee organizing the activity.
Rep. William Ojeda, the Bureau of Democratic Unity, the front supports and promotes a bill that seeks to promote the autonomy of the popular "This situation means that anyone with a community initiative is inhibited, frustration. We believe in people power, but without tutelage, without it being an extension of the ruling party. "
SOURCE:
fsinger@el-nacional.com
SINGER COMMUNITY POWER COMMUNITY
News academics from various universities to denounce Venezuelan arising through press reports, forums and prosecutions of systematic rape by the public authorities of the 1999 Constitution, and promote human rights, democracy and social state of law ( http://amnistia.me/profiles/blogs/comunicado-de-profesores-de). This group was founded in December 2010 under the legislative activity in the election fraud of the September 26, 2010 deployed by the outgoing National Assembly. The group of teachers so far published a communiqué signed by about 150 university professors of law and political science, introduced March 1, 2010 an action invalidity of unconstitutionality against the Organic Law of People's Power in the Constitutional Chamber of the Supreme Court. From January 2011 to date there have been talks and forums at universities, Academy of Political and Social Sciences and Institute of Accountants on the impact and scope of the laws enacted in December 2010 by the National Assembly.
2. Background. In December 2010, after parliamentary elections on 26.9.1910 in which the opposition won a third of the charges, the outgoing National Assembly approved a government majority large number of organic and ordinary laws (about 25 laws), including People's Power law (Organic Law People's Power, Communications Authority Act, Organic Law of Social, Economic System Law and Planning Community and Public Law and Popular) to develop part of the constitutional reform was rejected in December 2007. 
3. Facing the open media system of citizen participation freely exercised within the framework of political pluralism guaranteed by the Constitution of 1999, the American Convention on Human Rights (23.1) and the International Covenant on Civil and Political Rights (25th) Organic Law of People's Power (hereinafter LOPP) and other laws of the People established a closed system of citizen participation subject to the guidance of the National Executive and oriented, solely and exclusively to the construction of socialism as the only valid ideology for those who want to participate in public affairs and the attainment of the objectives of the Venezuelan State. 4. The LOPP commit fraud to the Constitution of 1999 and the popular will, as reprinted one of the basic principles of constitutional reform project rejected by pretending 2/12/1907 modify the structure of the Venezuelan State with the creation of a new "People Power" of a "communal state" and a "Communist or Socialist State," to render meaningless the State Constitution, the Constitution 1999 defines as "social democratic, law and justice", which has three levels of government, with clear separation between state and society and between the branches and functions of public power. With that, the viola LOPP international obligations contrary to the concentration of power in one instance, such as those arising from the Inter-American Democratic Charter and the Preamble of the Universal Declaration of Human Rights, and the right to vote, to vote because it disregards a popular decision, sovereign, through acts that defraud the popular will.
5. The LOPP violates the right to participate freely in public affairs protected by the Constitution 1999, the American Convention on Human Rights (23.1) and the International Covenant on Civil and Political Rights (25th), it deprives persons constituting any of the 'instances' of People's Power (community councils, communes, communal cities, etc.). the legitimate autonomy of action and that are prescribed under coercion (sanctions, refusal to supply of resources, etc.) what will be their only targets political, economic and social well integrated into the People, namely: the "construction of socialist society" and the implementation of the "Economic and Social Plan of the Nation." Indeed, the legal status and legitimacy of the authorities People's Power to participate in public affairs and access to state resources to invest in works and services for communities, depends on its registration with the Ministry of Communications Executive Branch, and provide that registration is entirely discretionary is not subject only to the provision of formal requirements. In addition, the LOPP and other laws, require these entities together with government to build the socialist society and implement the Economic and Social Plan of the Nation, which is nothing but the lines for execution by the State of ideological principles and purposes of the United Socialist Party of Venezuela (PSUV). In fact, to exercise social control (sort of para-police supervision of these entities on private companies and NGOs) bodies must act in accordance with socialist principles.
6. The LOPP violates the right to equality and non-discrimination protected by the Constitution of 1999, the American Convention on Human Rights (24) and the International Covenant on Civil and Political Rights (26) as members of the People's Power bodies will the only ones with access to resources managed by the State and making an impact on communities when the 1999 Constitution allows for other means of participation other than those instances, equally legitimate. While LOPP and other laws of the People are not mandatory for anyone enforcement because it is 'optional' the form a Community Council, community, or any other instance of the People to participate, the truth is that these laws give preferential treatment these instances from all other citizens made up outside of them, as foundations and civil associations, as when access to state resources, consultations for the public decision-making and access to foreign exchange (as Venezuela has control changes) of People's Power bodies always have the preference before any other form of organization, irrespective of social emergency.
7. Finally, the LOPP and other laws of the People, especially the Organic Law of Communal Economic System create a communal economic system as the only model which can target instances of the Popular Power (community councils, community, etc..), Thus undermining against economic freedom, understood, individual autonomy, the citizen, to decide in what direction will exercise that freedom, protected by the Constitution of 1999, the American Convention on Human Rights (16) and the International Covenant on Civil and Political Rights ( 22).
8. The Organic Law of People's Power violate the property rights acquired as a result of free enterprise or exercise the right to work, protected by the Constitution of 1999, the American Convention on Human Rights (21.1) and the International Covenant on Economic, Social and Cultural (6 and 7), not just large landowners and businessmen, but also of small owners and workers, in particular, creates serious obstacles for homeowners who are not, they are vulnerable or have a weak economic position because of their status as inhabitants of urban slums, women heads of households, indigenous peoples, homeless people, peasants, etc., since it places the figure of ownership. Social ownership, as the definition contained in paragraph 15 of Article 6 of Law Community Economic System is not a real right other than their own private property or state property, they would have individuals to use, enjoy and dispose of certain types of goods (mass production) state is a special regulation to be subject to certain goods (means of production, agricultural land, urban land, housing, strategic companies, etc.) owned (title to be the essential attributes State alleges the LOPP) and, in the process of replacing the system of social market economy (which is laid down in article 299 of the Constitution of 1999) by the Community Economic System, will be used as an excuse to limit, in the beginning and then permanently delete the private ownership of the means of production of goods and services, to subject them to public ownership so that private goods and services will become, in a coercive, unconstitutional and without applying the guarantees expropriations, state property.
9. In general, economic and social, the purpose of these laws of People's Power in Venezuela to establish and strengthen the communal state, the communal economy and the socialist model of central planning and social ownership of the communal economy, which are fundamentally incompatible with the price system, free enterprise and private property. In instances of People's Power is only appropriate central planning (just decided by the Executive), community economic practices and social ownership, laws justify the alleged 'pass' of the means of production in general (large companies or small businesses family or community) of private property to public ownership-state-for the collective interest prevails over the particular. They are forbidden to enjoy profits for carrying out economic activities despite this being one of the purposes of the exercise of free enterprise and private property.
10. The LOPP and other laws of the People eliminate labor rights regime, which only exists in a social market economy, including trade unions, and replaced by a system of barter, exchange, solidarity, reinvestment of surplus, where such rights (salaries, utilities, vacations, bonuses, etc..) are supplanted by tokens or food rations, clothing and other items for mere survival.
11. In economic terms, these laws provide mechanisms 'legal' to implement the Social Plan 2007-2013 and the Red Book of the PSUV, which posit the abolition of economic freedoms of all people, especially the poorest, contrary to the recommendations of reports such as that developed by the Commission on Legal Empowerment of the Poor Law: the key to inclusive development. "
12. First Question. How can they ensure the laws of People's Power free autonomous participation of citizens in public affairs if they economically and politically dependent on the participation of compliance with the official ideology of socialism in the XXI century and civil society makes a structure more than nation-state?
13. Second question. How to avoid the laws of the People to create discriminatory treatment between citizens with equal rights, if you rely on the participation and access to resources, contracts, consultations, etc., observance of the ideology of the Party of Government?
14. Third question. How to avoid the laws of the People's concentration of power in the hands of the National Executive when they create a parallel state, which replaces the States and Municipalities (local and regional governments in Venezuela under the Constitution of 1999), made by bodies People's Power, who have no income of their own and depend economically on the National Executive?
15. Fourth question. How to respect and ensure the laws of the People's political and economic pluralism characteristic of democratic societies if they impose a single political model and an economic model only those wishing to participate in public affairs and access to public resources to address social problems?
16. Fifth question. How the laws of the People respect the rights of property without establishing safeguards for existing property rights (no guarantees apply to the possible expropriation of private property passes to the social) and do not confer ownership rights housing, agricultural land, urban land, community businesses, indigenous peoples' lands, etc..?
17. Sixth question how respect People's Power law labor rights, building on the principle of social reinvestment of surplus funds generated by any economic action of the socially owned enterprises (whose number is ever-increasing) is not for payment of labor rights and benefits but to be administered by the Government?
18. First recommendation to the State: To recommend to the Venezuelan State to initiate a public consultation process (as there was none before being sanctioned) laws of People's Power, following the recommendations of communities, human rights NGOs, academies and other expressions civil society, new laws in derogation of those, we do guarantee free participation in public affairs.
19. Second recommendation to the State: To ask the Venezuelan state a report that explains whether the laws of the People welcome the recommendations of the Report of the Commission on Legal Empowerment of the Poor on how to achieve inclusion of the poor through, inter alia, the recognition and protection of property rights.
20. Third recommendation to the State. Request a report to the Venezuelan State to explain whether the laws of the People respect and guarantee the labor rights of members of People's Power bodies and those persons who work in those areas where work in attention to principles contrary to those rights and social reinvestment over the abolition of the division of labor and the elimination of trade unions.
Source:
http://www.eluniversal.com/2011/03/24/informe-del-grupo-de-profesores-de-derecho-publico.shtml
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