FOUNDATION
FOR DEVELOPMENT AND IMPLEMENTATION OF STRATEGIC STUDIES
(FUNDEIMES)
VOTING AS STRENGTHENING MILITARY
AND POLICE STATE LAW TO DOMINICAN REPUBLIC
(SUMMARY FIRST CHAPTER)
AUTHOR:
VICTOR AECIO MERCEDES CEPEDA,
DOMINICAN REPUBLIC ARMY COLONEL (DEM)
MASTER IN DEFENSE AND NATIONAL SECURITY
SANTO
DOMINGO, D. N.
YEAR
2014
CLARIFICATION:[1]
"OPINIONS
CONTAINED IN THIS THESIS SUMMARY ARE THE SOLE RESPONSIBILITY OF THE AUTHOR AND
INSTITUTION NOT NECESSARILY SOLIDARITY WITH CONCEPTS ISSUED".
PREAMBLE
The Licdo. VICTOR AECIO MERCEDES CEPEDA is Army
Col. Dominican Republic (ERD), Diploma of Staff, Master of Defense and Homeland
Security. At present he is doing his thesis entitled "VOTING MILITARY AND POLICE AS STRENGTHENING THE RULE OF LAW IN
DOMINICAN REPUBLIC," to choose his second Masters, this time in
"SECURITY CRISIS AND EMERGENCY", so that official has seen fit to go
presenting our readers gradually chapters summarize it for you without losing
the essence, we briefly illustrate in this sensitive issue, with the primary
purpose of contributing to a culture of safety and hemispheric defense.
HENRY HOLGUIN
SUMMARY
OF THE FIRST CHAPTER
In the Dominican Republic, under the Constitution and
its laws is expressed that the active members of the Armed Forces and the
National Police have no right to exercise universal vote for the democratic
election of officers to administer the state, which undertake legislative
functions nor who guided the councils, for the period that the Constitution
states, that is, for four years without the possibility of continued
re-election, in the case of the Executive and unlimited reelection in other
elective offices.
This is clear in the sole paragraph of Article 208 of
Chapter I Title X of the current Dominican Constitution "They have no
right to vote DLAs members of Armed Forces and the National Police, or those
who have lost citizenship rights have been suspended or in such rights. "
The Constitution itself confirms that ban the right to
vote to the military and police in paragraph 3 of Article 252 of Chapter I
Title XII OF THE ARMED FORCES OF THE NATIONAL POLICE AND SECURITY AND DEFENSE
"are essentially obedient to civilian power, nonpartisan and they have no
right, in any case, to deliberate. "This command is replicated identically
in the Basic Laws of both institutions.
Prohibition to vote that does not originate in this
Constitution, nor the result of the current legislation, is a system to run in
partial terms and aggravated trailing way since the first Substantive Charter
November 6, 1844.
The Dominican Republic Army, mother institution which
other military bodies, including the National Police emerge, has been active in
national politics, alternately being handled according to the historical and
political development as a support to popular demand as a support of autocratic
governments or as an instrument of state stability, as has been the role of the
Armed Forces and the National Police in the democratic life of the country for
the last four years of the decade of the 60s to date.
We have a democratic system path already dating, with
its ups and downs, but continuously, 47 where more than three political parties
with different ideologies or trends have held power, each of three occasions or
more.
The Dominican Republic is a country with an
updated and consistent with the times in terms of the guarantees of fundamental
rights, politicians and citizens, guarantees that are both state interest
compliance, there are specialized courts Constitution, whose rulings cannot be
challenged by other instances besides that its judgments are binding on all
branches of government, such as, for example, the Constitutional Court, who
just sail compliance with the guarantees of fundamental rights of citizens.
In the current Dominican constitution and earlier, is
clearly exposed that prohibits the military and Dominican police voting in all
cases does not exist or is not present the justifying to that decision, leaving
the answer to the conclusion who takes the questioning.
It is the Dominican Republic's oldest in modern and
more stable than the average for Latin America and the Caribbean democracy, if
we consider the countries that have been created over the last forty years, and
that one way or another have lived wars, provoking revolutionary changes; as
well as those countries that have made legal changes subsequent governments to
violent actions with the intention of overthrowing the state administration;
many of these countries as solid and recent sequels despite a visible state of
order, balance, inner peace is very fragile.
The state of peace, development and progress of the
Dominican Republic is based on an updated constitutional order and according to
the most developed countries in the region and perhaps the world, which is held
in the fundamental human rights and justice, where all citizens are equal
before the state administration and institutions, without distinction of race,
color, gender, political persuasion, profession or creed.
World Cup is a tendency, even where they are participating
States where until recently theology had serious influence on the social and
legal life; this trend is to establish or achieve a state of law, where all men
and women are equal in the exercise of their recognized and awarded by the
constitutional privileges, and are or have to be seriously compromised or
limited by the performance of their duties, provided they are citizens
behaviorally attached to the mandates of the Constitution and the legislation
of their respective countries where they do not deny them rights unless
motivated by the embodiment shown without doubt, of punishable actions and
punished according to the courts.
Granting voting rights to all citizens to enjoy full
civil and political rights, without restriction of any kind in their exercise,
as long as they comply with constitutional and legal requirements, would make
the Dominican Republic a country with a more firm and solid in its intention to
achieve full rule of law and guarantee it to position its citizens.
Focus is to demonstrate that our country, with a
history of nearly fifty years of uninterrupted democratic life, with franco
enjoy international recognition for legal certainty and transparency and
arrogate to rely on the defense, addiction and guarantee the rights of citizens,
political, civil and fundamental to all its nationals would be strengthened and
recognized indisputable way, and valued its rule of law, constitutional way to
allow voting rights to members of the Dominican Armed Forces and the national
Police.
We are a member of the leading systems integration,
cooperation and global economic and regional, as we are the United Nations
(UN), the Organization of American States (OAS), the System of Central American
Integration (SICA), the DR-CAFTA, the Community of Latin American and Caribbean
States CELAC and waiting for acceptance as a full member of CARICOM, to mention
examples, so we profiled as a free country towards development and progress,
state it is the goal to be achieved by countries that are in the avenue of
modernity.
It is essential for a democratic country to reach the
unquestionable status developed, that all citizens, regardless of their
profession, have the same rights and privileges as long as in the category of
individuals or entity or class, keep your daily actions attached to the law and
the rules of their society.
All citizens of countries whose social organization
form of democracy, fully understand that they are all free and equal, that
reality is the basis of the strength of democracy, which has sustained over
time and improving the projected into the future.
The right to vote is perhaps the greatest
manifestation of the expressed will of legal and unquestionable manner by a
citizen, no matter their social status, grade level, or their profession or
avocation.
Importantly, among 35 countries of the Americas and
the Caribbean, only in Colombia, Honduras, Dominican Republic and Guatemala's
constitutional prohibition remains the right to military vote.
The intention is to contribute to the study of the
possibility of granting voting rights to military and police in the Dominican
Republic; see how this right can become an incentive of professionalism,
efficiency in the performance of functions and missions as well as
strengthening the voluntary commitment to the country by the military and
police; given how this law can be an element of contribution to the integration
of civil class with the military and police classes; and finally, and perhaps
most important, as this contributes to strengthening the rule of law in the
Dominican Republic.
In the Dominican Republic there is an institution as
old as the state itself, which is the armed forces, linked to the country and
its development, which has accompanied the nation in all its processes, which
has given its effort to sustain and strengthen sovereignty, where his men and
women, as members of any other professional class in the country, meet all
established rules and obligations, however, is prohibited by constitutional
right to vote, which immediately makes them different from other full citizens,
because they are limited in their exercise.
A similar situation happens with the members of the
National Police in the Dominican Republic, which despite its features such as
police, who are solely those of public order, the prosecution of the offense,
crime and crime, our constitution gives the same position as members of the
Armed Forces at the time forbidding them to exercise the vote.
We understand that by recognizing the right to vote
for members of the Dominican Armed Forces and the National Police would be
given a giant step towards social and political maturity, unquestionably
strengthen national consciousness and destroy old concepts, and nonexistent of
indoctrination that maybe were part of the training of military and police that
had as main objective the support of authoritarian regimes, ghosts of the past
are condemned to never again occur at the level of awareness of rights and
education today Dominican people; as well as the level of professionalism,
training and conviction of military and modern, aware that their commitment is
to their society Dominican police that his real regulation is the constitution
and should be the guardian of democracy, the only guarantee of the state of
order, peace, development and progress of our nation. As the granting of the
right to vote, raise and stimulate exponentially this citizen recognized that
right, so all their commitments and duties and intention to honor and fulfill
them seriously take root in the city, making it an efficient server their country.
We take as reference the precepts of
Neoconstitutionalism, current Constitutions understood that countries
contribute substantially to the legal system, being present with the constant
overwhelming the principle of proportionality, with a strong predisposition to
establish an agreement that takes into account the values and principles of the
Constitution.
For neoconstitucionales thinkers true democracy and
its ability to represent the citizens of a given country, is shown at the
moment the majority principle is prepended to majority rule, ie when a society
rights not are privileged or recognized by a situation that identifies a
particular class, taking into account that no matter the reason a class
defined, if it exists, is accepted, owns and is clearly identified by the other
members of that society, so you should enjoy the same rights and the same
duties to respond; in other words coexist on a system and a means to certify
identical securities and privileges without any exclusion for all its citizens.
The current neoconstitutional is highly specific when
explaining that the constitutional rights granted never be repealed, but also
makes it clear that what we do can and in any event is required, is the
granting of new rights, whenever necessary, for the benefit of the
establishment bra and future projection of the rule of law.
To
be continued ...
[1] IMPORTANT NOTICE! This is an
automatic translation GOOGLE written in Spanish and POSSIBLY some parts of
article writing can have faults. For better illustration, we put the link to
the original document in Spanish. http://fundeimes.blogspot.com/2014/07/derecho-al-voto-militar-y-policial-como.html
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