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CONSTITUTIONAL CORRUPTION IN LATIN AMERICA

The "Rule of Law" is being questioned by those who propose, in its replacement, "Constitutional Rights Rules".


The difference is not trivial. The trap can be deadly.




The Black Jack Trap (and its 21 points)



The logic and the catch is as follows:


0. They demand rights

1. They create constitutions

2. They assign public roles

3. They nationalize public roles

4. They capture state entities

5. They privatize the government

6. They settle in the state elite

7. They decide to use government savings

8. They deliver rights

9. They decide to use idle private resources

10. They receive all powers

11. They give more rights

12. They go into debt to grant more rights

13. On the way from points 1 to 12 they become corrupt to protect themselves

14. They corrupt key politicians, media, academia, chambers, society, and the armed forces

15. Year after year they reach 15 years of power under this strategy

16. They destroy the economy and run away, leaving strategic pieces to return to power

17. They judge themselves with benevolence from their key pieces functional to them

18. Those who cannot or do not want to flee go to prison and the others flee or go into exile

19. They destroy the government that succeeds them, be it of the right, left, or center

20. They return to power when everything is judged, and when the people beg their return.

21. They Go for a new Zero-Sum Game again...



Some conclusions about the rational expectation of politicians as mediators:


- They'll never stop stealing.

- The assumption of honesty is not fulfilled because there is a system that operates

- The system is global and enjoys good health.

- There is a union of those in power and everything is linked at all levels.

- Without a decentralized pact, at the highest territorial level, change is impossible.

- A local pact is not a national revolution

- Nor is it a continental current

- Much less a global movement



An analytical ABC to Generate 3 Proposals


A. The world and history prove that giving power back to communities is required (but denied) from the private and public sectors. When communes are replaced by national elites, things always turn out worse, not only in Latin America but in almost all developing countries.


B. The same happens with international organizations: when they replace national states and generate continental or global elites, they only increase the chaos.



C. In terms of time: this has been the case not only in recent decades but historically, throughout the world. For this reason, initiatives have been developed for the harmonization and alignment of international organizations towards the countries, and for decentralization, autonomy, and devolution of power from the national to the local, increasing axes of community participation as a formula to have a counterweight to the public and traditionally pre-articulated private groups.



Proposal 1: The community as the center



Effective developing countries have used communities as mechanisms for linking the real economy with the real interest of households and micro-enterprises, generating capacities and local operations to access the global market.



The investment agreements that manage to articulate the above have lower risk, are more sustainable, increase their productivity, and give countries greater competitiveness. Successful cases in this regard are those of South Korea, the Netherlands, the Nordic countries, Oceania, several African countries, and of course the more traditional cases of the United States and Western Europe.



In all the previous cases, there is literature that shows the key role of the community as a center for effective mediation of private and public interests, and of large corporations of civil society, as well as of the armed forces and even international organizations, not only for indigenous issues or cultural identities, but for pragmatic reasons of access to markets, resources, production, and smooth operation in economic and financial terms.



Proposal 2. Public-Private-Community Local-Global Partnerships


The processes of change that work and are sustained are those that occur after revolutions, or instead of revolutions.


The real opportunity to change lies in assuming leadership roles and thrive for dialogue among groups of interests, at the highest level, not from a technical point of view, but from a political point of service, calling for convergence, and for the construction of a better system, that better aligns interests of all sectors.


A pact can build a clear roadmap, having the community and the local as the center of the public sector, with a view to homes and businesses as the center of the private sector.


That is what we are walking on as a planet, and this does not imply making apart the system that works, but working to reform it via decentralization of power and via public-private-community alliances for investment, making a pact for impact investment.



Proposal 3. Organic Laws vs Constitutions: The first generates Impact Investment


A serious analysis of the constitutions prior to reform processes of constitutional states of rights vs. social states of rights shows that, instead of managing to solve the ABC, one falls into the Black Jack trap.


The way to solve the ABC without falling into the game of 21, is to rather promote Organic Laws, reform, via dialogue pacts, in order to create Public-Private-Community Alliances, articulating the local with the global, via convergence and work from inside with the actual structures of real actors, politically leading said proposal, and not looking only technocratically from an advocacy leadership, but better from a vocational leadership.



Conclusion



To avoid a fight for constitutional rights is required. Latin American societies should focus on reforming secondary rules, creating liberty to create alliances that allow playing public responsibilities that can be assumed organically via teams of cross-sector partnerships.



Recommendations


1. There is no place for a change in constitutions

2. There is no place to fall into the trap of 21 points

3. Yes, there is a place to work with the real actors

4. There is all the place to discuss true interests

5. There is a leadership mandate to create real local convergence tables

6. It is a must to organize a strategy in a way that creates a functional balance

7. This achieves high growth and effective development.


With love and patience, but with clarity of the libertarian and dialoguing option that characterizes free and well-organized humanity, you can reach heaven.


The Santa Cruz Network is walking towards investors´ portfolios that are heading alongside ADN@+ Politics´Pub efforts to create conscience and leadership.


Let's move forward, rejecting the constitutional options of rights and reforming with organic laws of public-private-community alliances, decentralized, local, and global.


There is a world of opportunity!



Roberto F. Salazar-Córdova,

Santiago de Chile

DNA @ + / RED SANTA CRUZ




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