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Decisions of the meeting between the ADP and environmental organizations to present the Dominican School Responds to Climate Change Program, Tuesday, September 26, 2017

Santo Domingo,

Thursday Sept 28

Last Tuesday, September 26th, representatives of the environmental movement of the country met with the Dominican Association of Teachers (ADP), at its national headquarters in the city of Santo Domingo, D. N., in order to meet and exchange about the Dominican School Responds to Climate Change Program. This proposal was prepared by the ADP, under the guidance of 2009 Nobel Peace Prize laureate Rajendra K. Pachauri, and with input from environmental organizations. The Autonomous University of Santo Domingo (UASD), also participated in this meeting, which is in the process of formalizing its participation in the Program through a framework agreement signed with the ADP.

From the exchange on the Program, the following conclusions and commitments were reached:

  1. Make all general, sectoral and bilateral preparations and agreements during the remaining months of 2017, in order to start with the Program beginning January 1st of next year, 2018. The Program will be launched before the end of 2017, if possible with the participation of Dr. Pachauri.
  1. The UASD makes its resources, its virtual, institutional and physical platform, available to the Program. Also resources for hosting and publishing materials. At the end of the first year of the Program, a publication should be published containing the contents and progress of the Program, especially its diploma.
  1. The environmental movement undertook to provide specialized teachers for the diploma to participate in it, and select the place where it will interact with the program in order to accompany the schools and contribute to the development of small initiatives and projects on climate change or intervention in the climatic vulnerability of the area where the schools are located. In this sense, in the next two weeks, the organizations will have to send the personal data and CVs of potential teachers who will give classes in the diploma, indicating the specific topic of the program. The UASD will provide the profile of these teachers after it is reviewed by Dr. Pachauri
  1. Ask Dr. Pachauri to manage highly recognized international teachers in the field of climate change to participate in the diploma, both remotely and virtually as well as in face-to-face visits to DR.
  1. Environmental organizations are in the best position to sign any agreements that may be necessary to launch and set up the Program.

The meeting also discussed three other topics: a) The program of activities of Dr. Pachauri’s stay in DR; b) Post-ratification actions of the Paris Agreement on Climate Change; and c) The verdict of the TC supporting the non-admission of the Superior Administrative Tribunal of preventive environmental protection against the construction of the Punta Catalina coal plants. On these aspects, it was decided:

(a) Program of Dr. Rajendra K. Pacharuri’s stay:

– The celebration of four master lectures in Santiago de los Caballeros, Barahona, Baní and San Pedro de Macorís.

– Do everything possible to ensure that Dr. Pachauri is invested with a doctorate Honoris Causa that will most likely be approved by the Cláustro Menor of the UASD on October 28, during his next stay in DR. Master lecture given after his investiture, in the UASD with the support of the ADP and the Dominican environmental movement.

– Celebration of a major launch event for the Dominican School Responds to Climate Change program, chaired by Dr. Pachauri.

The date and other details of these activities will be decided at a later date when we have the date of Dr. Rajendra and Dr. Aachauri’s arrival in the country, possibly between late November and early December of this year.

  1. b) On post-Ratification activities of the Paris Accord on Climate Change:

Subscription of joint declaration requesting President Danilo Medina, the National Congress and the Dominican Corporation of State Electric Companies (CDEEE) to convert the Punta Catalina coal plants to natural gas. Organizations will seek the endorsement of this statement from other organizations with which they have a close relationship.

Press conference to make the joint statement public.

At a special meeting, discuss a program of actions to strengthen compliance with the country’s commitment to reduce the country’s total emissions by 25% by 2030. The date and place of this meeting will be announced.

  1. c) About the TC ruling:

A panel on this sentence in light of the principle of prevention or precaution, preferably to be held at the Academy of Science of the Dominican Republic, with the participation of renowned lawyers and environmentalists.

To contact international entities so that they can react to this ruling and consider the possibility of acceding to international instances and jurisdictions so that they may judge or give their opinion on the jurisprudence of this ruling, which denies access to the constitutional process of protection to the defense of environmental law and restricts it to administrative and other ordinary contentious proceedings. Explore the possibility of opening proceedings before the Inter-American Court of Rights on this sentence.

We would like to take this opportunity to inform you that on Thursday, Thursday, 28th, the ADP met with INAFOCAM to present the Program. INAFOCAM agrees to participate in the Program, especially under the auspices of the Diploma. For tomorrow, the President of the ADP, Eduardo Hidalgo, will hold a meeting with the Vice-Minister of Education, Fran Cáceres and other officials from the portfolio, to present the Program. Also on Thursday, October 5, a delegation from the ADP, chaired by Professor Hidalgo, will also meet with the director of the National Climate Change Council and the Clean Development Mechanism, Ernesto Reyna Alcántara, for the same purpose.

Tomorrow, Friday, September 28, ADP President Eduardo Hidalgo will hold a meeting with Vice Minister of Education Fran Cáceres and other portfolio officials to present the Program.

Also on Thursday, October 5, a delegation of the ADP, chaired by Professor Hidalgo, will also meet with the director of the National Climate Change Council and the Clean Development Mechanism, Ernesto Reyna Alcántara, with the same purpose

Enrique de León

ADP-26-09-17-02 ADP-26-09-17-03 ADP-26-09-17-04 ADP-26-09-17-01

(Español) ASEGURAN QUE TC IGNORO PRINCIPIO DE PREVENCION DEL DERECHO AMBIENTAL EN SENTENCIA QUE EMITIO RECHAZANDO AMPARO EN CONTRA DE PUNTA CATALINA

Sorry, this entry is only available in European Spanish.

IMMEDIATE EXPULSION OF OBDEBRECHT OF THE COUNTRY AND NEW TENDER OF PUNTA CATALINA BASED ON NATURAL GAS

Response to Odebrecht consortium’s demand for an additional 700 million dollars to complete the Punta Catalina coal plants that are two years behind.
Public Statement,
Monday, August 28,2017,
Santo Domingo, D. N.
The only option the government has before Odebrecht after it confessed last December that it bribed public officials in the Dominican Republic with $92 million dollars between 2001 and 2014 is the application of Law 340-06 on Public Contracting.
Articles 11,14,36,65 and 66 of this law provide for the termination of contracts of companies that commit acts of corruption or are related thereto, and the lifelong disqualification of their status as contractors or bidders of the Dominican State,”without liability to the contracting entity” (Article 66.4).
If Odebrecht has had the audacity to demand an additional 700 million dollars from the government of Danilo Medina to complete the construction of the Punta Catalina coal plants now with a two-year delay, it is because the country is being held hostage by this transnational company and victim of its own corruption, a participant and accomplice in the corruption of this company that turned the country into an international money laundering center and a brothel for national and foreign officials.
It is impossible to believe in the government’s refusal to comply with Odebrecht’s demand and not to think that this refusal will be nothing more than feeble bargaining for the consumption of advertising of an unavoidable payment that will come from the citizen’s ribs.
The government, instead of applying the Public Contracts Law, concluded an approved agreement between the Attorney General’s Office and Odebrecht, with the purpose of protecting it from criminal prosecution of its crime of corruption, maintained the contracts of this company, especially Punta Catalina, and has continued to give it millions of dollars for this work, as if nothing had happened.
Danilo Medina preferred to lose around 300 million dollars pending disbursement of the European bank pool loan and to issue 500 million sovereign bonds, before abandoning his relations with Odebrecht, whose corrupt practice in the Punta Catalina project is the cause of the decision of these banks.
The complicity story with Odebrecht in Punta Catalina began with a fixed bidding process to favor it and sending a contract that violated the terms of reference of this bidding process to to the National Congress, diluting the turnkey nature of this contract, incorporating a cost escalation clause, No. 9.1. and assigning an exemption of all types of taxes through clause 12.1.3.
This pairing between the government and Odebrecht continued when this company was unable to meet its contractual commitments because of its corrupt behavior.
Danilo Medina and his government, instead of denouncing and annulling the contract for breach, covered the lack of financing from the National Bank for Economic and Social Development of Brazil (BNDES), with domestic resources.
They did not care about violating the Constitution of the Republic and the national budget law to allocate a large part of the savings from the Oil Tax for the construction of Punta Catalina and seriously endanger the stability of the Bano de Reservas with loans that did not comply with any legal requirement, in order to settle commitments with local contractors and suppliers of this work.
If Dominican workers’ pension funds were spared from this predatory attack to raise funds to be invested in Punta Catalina, it was due to opposition from European banks, especially the shareholders’ meeting of the French bank Société Genérale, who threatened to withdraw their financing in the event that the government spent $600 million of these funds on this project. In Europe, it is forbidden for pension funds to be used in the construction of coal plants and other investments related to this fossil fuels.
Odebrecht’s demand for more money, in addition to dramatically exposing the government’s vulnerability to this company to the public, has confirmed the denunciations that the final cost of this project would far exceed the contract price and has denied that Punta Catalina’s construction is at a level of 70% of its schedule.
These two additional disclosures, the additional cost overrun on the contract price and the delay in the work schedule, leave no arguments to those who oppose an independent audit of this project and a new tender on the basis of natural gas.
The overvaluation of Punta Catalina is not limited to these new additional 700 million dollars claimed by Odebrecht. An audit is necessary to accurately quantify the overvaluation existing to date for the construction of Punta Catalina, in order to demand its reimbursement and to prosecute the culprits and beneficiaries of this overvaluation.
If the government implements the Public Contracts Law, it would not have to comply with Odebrecht’s demand for an additional 700 million dollars in payment and could open a new bidding process based on natural gas to conclude Punta Catalina before 2020 and at a lower cost than the total cost stipulated by Odebrecht for these coal plants.
The great benefit of converting Punta Catalina’s natural gas is to avoid the very serious contamination from coal and a considerable amount of carbon dioxide emissions into the atmosphere.
The National Committee to Combat Climate Change, CNLCC, reiterates once again the application of Law 340-06 on Public Contracting to Odebrecht, for which reason this company must be immediately expelled from the country.
Likewise, an independent audit of the overvaluation of Punta Catalina and the call for a new bidding process based on natural gas to complete the construction of this project.
It is a demand that we made with the knowledge that the authorities’ complicity with Odebrecht’s corruption prevents it from being satisfied, not because it is impossible, but because of the permanence in power of a government as guilty as this company, of the corruption committed in Punta Catalina.
NATIONAL COMMITTEE TO COMBAT CLIMATE CHANGE, CNLCC
EXPULSION INMEDIATA DE OBDEBRECHT DEL PAIS Y NUEVA LICITACION DE PUNTA CATALINA EN BASE A GAS NATURAL

LEADERS OF THE ITALIAN ORGANIZATION SAY AT A WORLD LEVEL THE FIGHT AGAINST CORRUPTION IS ASSOCIATED WITH THE DEFENSE OF THE ENVIRONMENT

Press release,
Friday, August 25, 1017,
Santo Domingo, D.N.

 

The leaders of the Italian organization Re: COMMON visiting the country said that at the global level the fight against corruption is associated with the defense of the environment.

 

During the meeting held with the main activists of Marcha Verde, on Wednesday 23, at the Faculty of Juridical and Political Sciences of the Autonomous University of Santo Domingo, UASD, explained that the corruption that occurs in the construction of large Infrastructures and extractive projects, is related to strong impacts on natural resources and the environment.

 

“The surpluses in these projects or works are generally obtained at the expense of the budgets intended to prevent or mitigate the contamination of the same,” they said.

 

They also pointed out that as fossil fuels lose competitiveness against renewable energies, they ensure their continuity in the markets with corrupt practices, such as bribes.

 

The Italian leaders Luca Manes and Antonio Tricárico considered that corruption is structural with the conversion of nature into negotiable financial goods in the capital markets through great infrastructure or mining works, propitiated by the great world financial capital.

 

At the meeting, the leaders of Re: COMMON were presented by Enrique de León of the National Committee to Combat Climate Change, CNLCC, an entity that invited them to visit the country.

 

The leaders of the Italian civil society exemplified Punta Catalina in which corruption is closely linked to coal and its inherent and exclusive pollution.

 

They observed that the further the opposition to corruption deepens, the social movement becomes greener, that is, more environmentalist.

 

“For that reason, the manifesto that was read at the end of the Caravan Concentration at Punta Catalina last Sunday, claimed along with with the cancellation of the Odebrecht contract, the conversion of these plants to natural gas,” they said.

 

They said that social movements similar to the Green March in other parts of the world, have in common; a massive, civic and peaceful character.

 

“In Europe and North Africa, these movements occupied public spaces like squares, while here the Green Movement has taken to the streets of major cities through mass demonstrations,” they commented.

 

They argued that another common feature of these movements is the questioning of existing institutions that directly or indirectly guarantee impunity for corruption and corrupt rulers.

 

“Many of these movements have been forced to radicalize to the degree of posturing for the departure of corrupt governments and in many cases authoritarian and very repressive,” they reported.
They also analyzed that these movements similar to the Green March have questioned and invalidated the traditional leadership of the political parties and created a new leadership that is fresher, closer to society and alternative.

 

“In Italy the” Clean Hands “movement, although it sent to jail more than 4 thousand officials, opened the door to Silvio Berlusconi that ended up effecting an administration even more corrupt than the previous ones”, they clarified.

 

“In Spain the movement of the outraged has evolved into “Podemos” (We Can) wich is a movement that aims to reach the government at national level after having achieved great success in municipalities and regions,” they added.

 

They suggested that Marcha Verde should expand its social base, better structure its local organization and adopt approaches to replace existing institutions that are not exempt from complications with corruption.

 

They described the Green March as paradigmatic, both because of its massive character and because of its desire for a profound change in Dominican society with aim towards the end of impunity and corruption.

 

“From the analysis of all the social movements of this type since the 1990s to date, from Italy, Greece, Egypt, Spain and Guatemala, it can be assured that their presence has generated a new correlation of forces and in some cases have given way to new regimes of different signs, “they concluded.

 

They asserted that the success and depth of the change generated by these movements has depended on the extent of their social composition and the program they have carried out.

 

They pointed out that Marcha Verde is still a young movement that in a very short time is evolving towards new demands, especially environmental ones such as the replacement of coal by natural gas at Punta Catalina, and formulating proposals for institutional reforms linked to the original slogan of the end to the Impunity and corruption.

 

From the intervention of the leaders of Re: COMMON, a round of questions and interventions took place on the part of the activists of Green March present in the encounter.

 

COMITÉ NACIONAL DE LUCHA CONTRA EL CAMBIO CLIMATICO, CNLCC

RE Common 01

Meeting Re: COMMON and MV 3: From left to right, Enrique de León of the National Committee to Combat Climate Change, CNLCC, and leaders of the Italian organization Re: COMMON, Antonio Tricárico and Luca Manes.

RE Common 02

Meeting Re: COMMON and MV 4: Partial view of the participants in the exchange meeting between Re: COMMON and the main activists of the Green March.

RELATED – Watch video interview with RE: Common directors (Spanish – 57 min)
Carbon Plants What is their impact on the environment?

Interview by Acento TV, Show: “A partir de ahora” with Gustavo Olivo Peña

Conversion to natural gas of Punta Catalina is possible and necessary – Presentations and debates of experts

This publication contains a transcript of the presentations and debates that took place in the Video Conference and Panel of Experts on the Technical and Economic Feasibility of Conversion to Natural Gas of Punta Catalina – 7 Dec 2016 – Pedro Mir Library – UASD

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Le invitamos también a ver la Vídeo Conferencia entera

de 45 minutos:

WARNED THAT DAMAGES CAUSED BY CARBON ASHES IN ARROYO BARRIL AND PUERTO RICO SHALL ALSO BE PRODUCED IN PUNTA CATALINA

Press release,

May 6, 2017,

Santo Domingo, D.N.

In the lectures he gave at the Pedro Mir Library of the Autonomous University of Santo Domingo (UASD) and in Baní, last Thursday and Friday, the National Journalism Prize winner in Puerto Rico, 2016, Omar Alfonso, warned that serious Damage caused by coal ash deposited in Arroyo Barril, Samaná, and Puerto Rico, will be repeated in the province of Peravia, with the start of operations of the Punta Catalina coal plants.

The renowned communicator revealed that as a consequence of the impact of coal ash deposited in Arroyo Barril, Samaná, between 2003 and 2004, there were abortions in this community, a high increase in respiratory diseases, heart attack and death due to that cause, and genetic malformations in fetuses and newborns.

These cases were documented before the court of Delaware, USA, and to avoid going to trial, the Puerto Rico AES corporation responsible for depositing the ashes in that location caused the Dominican State to pay, on April 4 of last year, $ 37 million to the lawyers of 41 residents of Arroyo Barril.

Journalist Alfonso explained that the Dominican government paid this compensation as a result of the agreement signed with AES in 2007 when this company gave $ 6 million to the national authorities as compensation for the ash deposit brought from Puerto Rico.

This contract stipulated that in return for receiving compensation, the Dominican government would assume any future claim in lieu of AES.

He pointed out that the case of Arroyo Barril has a transcendental importance because it has been possible to concretely establish the causal links between the contamination of the ashes and the damages to the health of the people, particularly of mothers and infants.

“The National Journalism Prize I received last year for these reports was largely due to the shame felt by the Puerto Rican society because of the serious damage that had resulted in bringing such waste to a paradise like Arroyo Barril from Puerto Rico,” said Alfonso.

He claimed that what was important in what happened in Arroyo Barril, as well as in Manzanillo, Montecristi, where coal ash was also deposited during those years, is that it has proved that this material is toxic and seriously damages the health of the people who expose themselves to it.

According to the communicator, these ashes contain heavy metals and other toxic substances in a proportion up to 9 thousand times more than the level allowed by environmental standards.

“That is the case of arsenic, chromium, mercury, thallium, calcium oxide, sulfur trioxide, lead, and zinc, all harmful to the human organism,” he said.

He explained that in Puerto Rico a very important movement has been generated to reject these ashes and their impacts, obtaining that the agenda of the current legislature of the Senate a motion to ban the deposit of this waste and its use on the island.

He said that since 2004, as a result of AES being unable to continue exporting coal ash to the Dominican Republic, until 2011, two million tons of ash were deposited on virgin land in three municipalities of Puerto Rico.

He said that the company keeps exposed to the air more than 450 thousand tons of ash of coal that is known as “the AES mountain range”, that every day grows with new deposits.

He noted that Article 6.2 of the AES contract of Puerto Rico states that there would never be ashes deposited in the territory of Puerto Rico and that they would be transferred to the place of origin of the coal that in this case is Colombia.

“However, the company violated this contractual commitment without the authorities having sanctioned this breach, provoking the indignation of the population,” he said.

The conferences of the laureate journalist were offered within the framework of the launch of the publication containing the papers and debates of the international video conference and panel of experts on the conversion to natural gas of Punta Catalina held last December 7 last Under the auspices of the Institute of Lawyers for the Protection of the Environment (INSAPROMA) and the National Committee to Combat Climate Change (CNLCC).

During these events, spoke to the audience; in addition to Omar Alfonso, the communication and environmentalist Ingrid Paulino, who was in charge of the presentation of the publication, Dr. Carlos Sánchez of the Faculty of Health Sciences of the UASD, lawyer Euren Cuevas, Executive director of the Institute of Lawyers for the Protection of the Environment (INSAPROMA) and Enrique de León, leader of the National Committee to Combat Climate Change (CNLCC).

A large audience participated in these events, made up of academics, electrical engineers, economists, businessmen, trade union leaders and civil society, environmentalists and community leaders.

In the activity held at the UASD, experts on the subject came and took part in the debate; José Luis Moreno San Juan, Juan R. Cid, Eduardo Sagredo, Pedro Silverio, Juan Cid, Conrado Depratt, Franklin Reyes, Luis Carvajal, Ángel Moreta, among others.

NATIONAL COMMITTEE ON COMBATING CLIMATE CHANGE, CNLCC

ADVIERTE QUE LOS DANOS CAUSADOS POR CENIZAS DE CARBON EN ARROYO BARRIL Y PUERTO RICO SE PRODUCIRAN EN PUNTA CATALINA-0045
Journalist Omar Alfonso, National Journalism Prize of Puerto Rico, 2016, while presenting his lecture at the UASD.

ADVIERTE QUE LOS DANOS CAUSADOS POR CENIZAS DE CARBON EN ARROYO BARRIL Y PUERTO RICO SE PRODUCIRAN EN PUNTA CATALINA-0057

Public that attended the circulation of the publication “Conversion to natural gas of Punta Catalina is possible and necessary”, last Thursday in the Pedro Mir Library of the UASD.

ADVIERTE QUE LOS DANOS CAUSADOS POR CENIZAS DE CARBON EN ARROYO BARRIL Y PUERTO RICO SE PRODUCIRAN EN PUNTA CATALINA-0045-2

The Puerto Rican journalist, Omar Alfonso while exposing to the public that he met in the municipal square Joaquín Sergio Incháustegui, Baní

ADVIERTE QUE LOS DANOS CAUSADOS POR CENIZAS DE CARBON EN ARROYO BARRIL Y PUERTO RICO SE PRODUCIRAN EN PUNTA CATALINA-0078

The main table of the launch act of the publication and the conference on the effects of coal ash in the Dominican Republic and Puerto Rico held last Friday. From left to right, Ingrid Paulino, Euren Cuevas, Omar Alfonso, Enrique de León and Héctor Turbí.

Request that the Constitutional Tribunal (TC) apply a provisional suspension of all the activities of the commission created by decree 6-17 on Punta Catalina

Press release,

Monday, April 24, 2017,

Santo Domingo, D.N.

This morning, the lawyers of the National Committee to Combat Climate Change, CNLCC, asked the plenarium of the Constitutional Court for the provisional and immediate suspension of all current activities of the commission created by Decree No. 6-17, including citations, interrogations and any other diligence to be considered as subverting the constitutional order of the Dominican Republic.

Also lawyers Dario Coronado and Euren Cuevas, in their statement before the Constitutional Court, requested that Decree 6-17 and its commission be declared non-compliant with the Constitution, as well as any action arising from it.

They linked the unconstitutionality of Decree 6-17 and the commission of notables formed under this provision, to the unconstitutionality of the use of coal to generate electricity.

They pointed out that article 67-3 of the Constitution establishes as a duty of the State to promote the use of non-polluting alternative energy and technology in the public and private sectors, and in article 67-5, prevention and control of environmental deterioration factors.

“It has been proven scientifically and to the point of satiety that coal as fuel is the most polluting and harmful to the environment and that it affects the health of plants, animals and humans. Of all the possible fuels, the State and CDEEE chose the worst of all: Coal, “they said.

They observed that other options with the same capacity were possible, for less than half the price, and with much cleaner fuel, but coal was chosen, despite the international commitments adopted by the Dominican Republic to reduce pollution and carbon dioxide emissions.

They ruled out that the commission created by Decree 6-17 had the faculty, capacity and willingness to examine the unconstitutionality of the use of coal and to investigate Odebrecht’s bribes, frauds, overvaluation and other illicit crimes in the construction of The Punta Catalina coal plants.

They defended the right to constitutional protection of citizenship within the framework of articles 68 and 69 of the Constitution on the guarantees of fundamental rights and effective judicial protection.

They argued that citizenship is directly affected by bribes, overvaluations and other crimes perpetrated in the construction of Punta Catalina coal plants that deplete state resources to provide quality basic services to the population.

They also mentioned that the violation of the separation and independence of the public powers weakens the guarantees of an effective Rule of Law.

Both lawyers stated that Decree 6-17 violates Article 4 of the Constitution that establishes the division and independence of public powers.

They pointed out that the commission of notables created by Decree 6-17 replaces and abrogates the functions of the Public Prosecutor’s Office, which is the body of the justice system that directs the criminal investigation and exercises public action on behalf of society, according to Article 169 Of the Constitution.

They explained that this decree and the commission created by it stems from the fact that Odebrecht confessed on December 21 to judicial authorities in the US, Brazil and Switzerland that he had paid $ 92 million to Dominican officials to obtain the works Awarded between 2001 and 2014.

They affirmed that it is an investigation of a criminal act typified and punished by Law 448-06 on bribery in the commerce and in the investment, and therefore this investigation beholds a criminal character that is  inherent to the Public Ministry.

They said that article 128 of the Constitution that is cited by the decree to justify the appointment of this commission, does not include the attribution of creating this type of commission or delegate to other bodies or figures investigative powers and control or control, own and to The jurisdictions already exist, including as constitutional bodies and other branches of government.

“The nullity of any law, decree, resolution, regulation or act contrary to the Constitution and those that alter or subvert the constitutional order are very clearly stated in articles 6 and 73 of the Constitution,” they clarified.

“Can we hope to obtain the recognition of a right in the last and highest tribunal of the Republic, the Constitutional Court, or are we alone at the mercy of the strength of our arms? Will we only have the resource to seek justice in the streets? “Asked Coronado and Cuevas.

The request for review of unconstitutionality is signed by Rafael Enrique de León Piña, Domingo A. Acevedo, David Montes De Oca, Carlos L. Sánchez Solimán, Dolores Paulino, Demetrio Turbí Ortíz, among others, all belonging to the National Committee to Combat Climate Change, CNLCC.

In addition to Coronado and Cuevas, lawyers Yovanny Díaz and Miguel Ferreras.formed part of the bar of the CNLCC.

Read the defense document before the Constitutional Court (Spanish only):

Download

 

NATIONAL COMMITTEE ON COMBATING CLIMATE CHANGE, CNLCC

Solicitan al TC la suspensión provisional de todas las actividades de la comisión creada por el decreto 6-17 sobre Punta Catalina-DSC_0014

Enrique de Leon, spokesman for the National Committee to Combat Climate Change, CNLCC said that the direct action of unconstitutionality against the Punta Catalina commission, the body interposed on behalf of the thousands of people who are mobilizing in the Marchas Verdes (Green Walks) for the end of impunity.

 

Solicitan al TC la suspensión provisional de todas las actividades de la comisión creada por el decreto 6-17 sobre Punta Catalina-DSC_0034
The lawyer Euren Cuevas explains that Decree 6-17, with the creation of the commission of Punta Catalina, supplants the Public Ministry that is part of another independent power of the State, which is in violation of the Constitution of the Republic.

“The president of the republic can not collide with the investigations that the prosecutor of the Republic is doing, because constitutionally criminal acts are investigated by the prosecutor in function of article 169 of the constitution of the Republic”

Press release

April 24, 2017

Interview with the executive director of INSAPROMA Mr. Euren Cuevas Medina at the conclusion of the hearing today in the Constitutional Court on Monday and left in state of judgment the appeal against the presidential decree that created a commission to evaluate the bidding process of Punta Catalina.

The direct action of unconstitutionality submitted by the members of the National Committee to Combat Climate Change against Decree 6-17 of the Executive Power:

See interview

See full article in Diario Libre

CONSTITUTIONAL COURT WILL HEAR NEXT MONDAY ACTION OF UNCONSTITUTIONALITY AGAINST PUNTA CATALINA COMMISSION

Press release,
Saturday, April 22, 2017,
Santo Domingo, D.N.
The plenary of the Constitutional Court will hear, on Monday, April 24, the direct action of extreme urgency of unconstitutionality filed by the National Committee to Combat Climate Change, CNLCC, against Decree 6-17 that formed the commission of notables investigating the tender and award of the contract of Punta Catalina to Odebrecht.
The hearing will be held from 9 am this coming Monday, in the Augusta Chamber of the Supreme Court of Justice, located in the Center of Heroes of this city of Santo Domingo, as ordered by Hearing Order number 15-2017 of April 8 last, signed by the magistrates Milton Ray Guevara and Julio Rojas Báez, respectively president and secretary of the Constitutional Court.
The group invited the citizens to attend this hearing to be held “precisely on the day that commemorates the Constitutionalist Revolution of 1965, so that we defend the citizenship tutelage on the Constitution and the division and independence of the Public Powers, base of our Constitutional regime. “
On February 21, the CNLCC deposited this unconstitutional action before the Constitutional Court, requesting that Decree 6-17 be declared non-compliant with the Constitution and invalidating the commission that constituted it.
The entity bases its direct action on unconstitutionality in articles 36 and 37 of Organic Law 137-11 of the Constitutional Court and of the Constitutional Procedures of June 13, 2011, which establishes that this action may be filed, at the request of the President of The Republic, a third of the members of the Senate or the Chamber of Deputies and any person with a legitimate and legally protected interest.
It considers that the Executive has abrogated an attribution that Article 93.2 of the Constitution grants the National Congress to establish commissions with criteria of auditing and control.
It affirmed that the President of the Republic can not be above the institutionality and overlook the division and independence of the public powers.
“Only the Trujillista Culture prevailing still within Law Professionals, can accept that the President is invested of all the powers and therefore can act like a monarch above the law and of the other public powers”.
It stated that in article 128 of the Constitution of the Republic cited by Decree 6-17, does not confer on the President of the Republic the prerogative to appoint these types of commissions or delegate to other bodies or figures powers of investigation and auditing or control , and for which there are already jurisdictions of this nature of constitutional bodies and other powers of the State.
It cited Article 6 of the Constitution which states that “all persons and bodies exercising public powers are subject to the Constitution, supreme and fundamental rule of the legal system of the State. Any law, decree, resolution, regulation or act contrary to this Constitution shall be null and void. “
It described this decree, its commission and its actions, attacks on the rule of law, good administration, good justice, division of powers and all logic of criminal investigation in complex cases.
It put forward in the appeal of unconstitutionality that the commission that makes up Decree 6-17 is parallel and conflicts with State institutions that have been created by law such as the Office of the Attorney General, the Chamber of Accounts and the General Directorate Of Public Contracts.
It pointed out that a power can not audit itself, creating a commission to its measure and conformed by members with manifest and irreducible conflicts of interest with the object of the investigation.
It also rejected that a commission created by the President of the Republic has the power to handle issues that are jurisdictional, from a constitutional body such as the Public Ministry.
It informed that the lawyers who will present before the full Constitutional Court by the entity will be Darío Coronado, Euren Cuevas, Yovanny Diaz, and Miguel Ferreras, among others.
The request for review of unconstitutionality is signed by Rafael Enrique de León Piña, Domingo A. Acevedo, David Montes De Oca, Carlos L. Sánchez Solimán, Dolores Paulino, Demetrio Turbí Ortíz, among others, all belonging to the National Committee to Combat Climate Change, CNLCC.
NATIONAL COMMITTEE ON COMBATING CLIMATE CHANGE, CNLCC
Annex: Unconstitutionality Act of Extreme Urgency of Decree 6-17, filed before the Constitutional Court by the National Committee to Combat Climate Change, CNLCC, February 21, 2017.
Constitutional Action in Nullity of Decree Vf.1
(SPANISH)
Caption: Delegation of the National Committee to Combat Climate Change, CNLCC, handed over on February 21, an unconstitutionality action of Decree 6-17 to an official of the Constitutional Court.

THE NATIONAL CONGRESS IS ORDERED TO REJECT LAND LEASE CONTRACT WHERE PUNTA CATALINA COAL PLANTS ARE BEING BUILT

Public Statement,
Tuesday, April 4, 2017,
Santo Domingo, D.N.

 

The National Committee to Combat Climate Change, CNLCC, has called on the National Congress to reject immediately the lease agreement signed between the Dominican Corporation of State Electric Companies (CDEEE) and the Explotaciones Industriales, SA, owned by the Vicini family, on the land on which the Punta Catalina coal plants are being built.

 

It stated that under this contract, the State is abandoning its prerogative set forth in Article 51.1 of the Constitution of the Republic to declare these lands to be of public or social interest, for the exclusive purpose of favoring the owners of these lands in a damaging manner against the public interest of the Nation.

 

The group reported that on March 15, the first executive vice president of the CDEEE, Rubén Jiménez Bichara gave it a copy of this contract and its annexes, responding to the request made by the group on 21 February.

 

It pointed out that with the delivery of these documents, the struggle for the society to gain access to them was successfully culminated on November 14, 2014 with the deposit of an injunction petition for the fulfillment of the right to free access to public information, Of the Superior Administrative Court.

 

On 15 February this year, the Constitutional Court overturned the judgment of the High Administrative Court that rejected the appeal initiated by the National Committee to Combat Climate Change (CNLCC) and other organizations, recognizing the right of these entities to obtain these documents As soon as they existed.

 

“We are distributing this contract and its annexes to the media and to interested entities and organizations to study them, draw their own conclusions and make their pronouncements,” it said.
It explained that the logical and normal thing is for a public work or an investment of social interest be carried out on public lands, especially if the amounts involved, as in the case of this construction, exceed two billion dollars, which represents a considerable part of public revenues.

 

“Instead of a purchase of land, the government opted for a long-term lease of the land, which is a much less stable legal solution and much more dangerous for the security of the huge public investment made in this project,” it said.

 

It was affirmed that “given the excessive economic importance of public investment that will be sown in these areas, whose security will depend directly on the terms of the contract, and this contract is an act that compromises public revenues, and is also an instrument that provides for and compromises In the future, the possibility of transferring ownership of power generation plants to the owner of the land, if they so wish, is clearly a contractual instrument that must be submitted to the approval of the National Congress for its validity, and it has not been. “

 

Abusive clauses

 

It stated that in addition to subordinating public interests to the property rights of an individual that would suffice to desist from contractual means, this contract contains abusive clauses against the State that threaten the public character of the project being built in those areas.

 

It observed that the contract is practically in perpetuity, because it establishes a duration of 50 years, extendable by periods of 20 years, without fixing a clear and definitive term.

 

It stated that under this contract, the State will pay a lease for 8 million 676 thousand 464 square meters when it will only occupy one million 356 thousand 645 square meters, in the event that the lease value of the leftover portion be deducted in contract addendum after other occupants in favor the interests of the owner of the land would enter to occupy unused part of the land.

 

It pointed out that the lease contract is carried out even though a conventional mortgage in the first range of $ 7 million exists in favor of Banco del Progreso, also owned by the Vicini family, without any commitment in the contract to liquidate this mortgage of the owners of the land. “The logical thing is that prior to the signing of the contract this mortgage would be liquidated .”

 

It explained that the contract establishes a dark and complicated levys for the payment of the lease that will amount to several times the value of the land over the course of the 50 years of the contract.

 

It indicated that the payment of this levy is in dollars that can be settled in pesos but at the rate of the day, just as the annual adjustment for inflation will be made in relation to the US inflation rate.

 

“These clauses clash with the Monetary and Financial Law that establishes in its article 24 that the peso is the currency of legal course and more so being that this contracting realized between the Dominican State and a local company in the national territory,” It said.

 

The collective also denounced that this contract imposes the capitalization of arrears, which is manifestly contrary to the law.
Compensation for damages form the coal is established for the sugarcane cultures of the Vicini’s.

 

It revealed that the contract imposes an indemnity to be paid by the State in the event that the waste from the coal plants causes damages to the organic sugarcane in the Vicini’s property, consisting of US $36,375 per hectare that will be payable in a term of 60 days or less.

 

“This clause is a strong admission that coal plants will damage agriculture and people in neighboring communities, but at the same time it is an outrage to provide compensation exclusively for the goods of the Vicini’s and not for the goods of others, especially in terms of damage to the health of people who are worth much more than cane, “it said.

 

It alleged that the contract has three clauses that threaten the public interests of the Punta Catalina project:
The first of these clauses is that it grants the owner of the land unilateral power to terminate the contract after three years in case of breach of payment of the lease.

 

“The second clause that undermines the public nature of the project is that the owner of the land will have the possibility to participate, if he wishes or agrees, in the reactivation of the work and the development of the project, in case the works be paralyzed for more than five years. The design already adopted, the intention converted into an obligation, to assure the owner of the land the faculty and vocation to become the owner of the plants, is evident. Two plants are being built for free, for the Vicini’s “it added.

 

It also stated that at the end of the contract the owner of the land is entitled to the improvements and / or construction made, although this right will not operate automatically, but through a negotiation mechanism, but in any case the owner will be have the first option in the acquisition of the land improvements.

 

Contract proves the illegality of the Punta Catalina environmental license

 

It argued that with the publication of this contract, the illegality of the environmental license granted to this project is confirmed, because the lease of the land was signed on August 31, 2015, while the environmental license was granted on August 26 2014, a year earlier.

 

“Article 5, paragraph 1. of the regulation governing the granting of environmental permits and licenses provides that incomplete files will not be received from the applicants for these permits and licenses, so it was not possible to grant an environmental license to Punta Catalina without the project not previously having the documents which justified the relationship of the applicant for the license with the land where the project is to be built, “it said.

 

It clarified that still today this file is incomplete and therefore the environmental license of Punta Catalina is illegal, although this contract exists, because even this one is not definitive until the National Congress ratifies it.

 

“Unfortunately, a project called to provide the country with much needed electricity is plagued with scandalous obscurity everywhere,” It said.

 

NATIONAL COMMITTEE ON COMBATING CLIMATE CHANGE, CNLCC

 

– Enfiteusis Contract in Plots No. 136 and 137, of Cadastral District No. 2, Baní, Provincia Peravia, Dominican Republic, No. 108/15, dated August 31, 2015 and its annexes.
Spanish

Download

 

– Letter from Executive Vice President of the Dominican Corporation of State Electric Companies (CDEEE), Rubén Jiménez Bichara, to the National Committee to Combat Climate Change (CNLCC), dated March 15, 2017.
Spanish

Download

 

 

Familia Vicini[5927]

Photo of the Vicini Family.

 casas-historicas-Casa-Vicini-4[5928]

Photo of the traditional headquarters of the Vicini Family, in the Colonial City of Santo Domingo, D.N.