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.
VOTING AS STRENGTHENING MILITARY AND POLICE STATE LAW TO DOMINICAN REPUBLIC (SUMMARY FIRST CHAPTER)
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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
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CLARIFICATION:1
"OPINIONS CONTAINED IN THIS THESIS SUMMARY ARE THE
SOLE RESPONSIBILITY OF THE AUTHOR AND INSTITUTION NOT
NECESSARILY SOLIDARITY WITH CONCEPTS ISSUED".
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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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
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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.
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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
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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.
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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.
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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,
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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
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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 ...