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AUTONOMIES FOR
UNIT BOLIVIA
(How to avoid the Disintegration of the Country)

Jorge Hurtado Hervas[ 1 ]

Santa Cruz, Bolivia


March, 2006

1
Email: jorgeh_hervas@hotmail.com

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TABLE OF CONTENTS TABLE OF CONTENTS


P.

PROLOGUE: The centralized State model does not fit the profile of our society
2

Frequently asked questions 6

Benefits or advantages of the autonomies 7

Introduction: The unitary centralist regime has proven to be


pernicious for the State 7

Some Conclusions 9

First Part: Identifying the Problem I. 10


Conceptual theoretical framework 10

II Some Experiences of Nationalisms 13

Second part twenty

Exploring Solutions: Decentralization through Regional Autonomies 20

The Deceptive Decentralization Process in Bolivia 25

Third part:
Proposal for a National Model of Regional Autonomies 30

EXHIBIT

The Eleven Tasks of Santa Cruz 38

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Schematic Content
1. About Nationalism

2. Regionalism
1. Theoretical Framework
3. Self determination

4. Separatism

First part:
Identifying the Problem
1. Quebec separatism

2. Bloody fight of
2. Some Northern Ireland Experiences of
Nationalisms
3. Bloody war in the
Balkans

1. Unitary state
1. State Organization 2. Federal

Second part: 3. Autonomous


Exploring Solutions: Decentralize
Cion through the autonomies

1. Concentrated
2. Organization of the Govt. 2. Decentralized 3.
Decentralized 4.
Regionalized autonomous

1. Civic
struggles

1. Deceptive Process. in Decentralization 2. Process


Bolivia decentralized

Third part: 3. the so-called


Proposal: A National Model of decentralized law. administrator
Regional Autonomies

a) justification of the model

2. Bases for a Model b) the 3 levels


Nal. De Autonomías Regio c) final objectives of the model d)
regional development e) Pillars of the model f) Principles

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Prologue: The centralized state model does not fit the


profile of our society

Within the framework of the struggle for autonomy, in January 2005 important events precipitated
in Santa Cruz, which culminated in the massive town hall meeting on the 28th of that month. In
said act, the formation of a pre-autonomous assembly and the holding of a departmental
referendum on autonomous governments were proclaimed. From then on, the issue of autonomies
came to the fore in the national debate. As a result, the demand for information on the subject
increased considerably.

The purpose of this booklet is to disseminate so that the issue of autonomies is understood by
the general public. The main objective is that through the experience of other countries we can
extract lessons. The analysis of various cases has led us to conclude that the current model of a
centralized state does not fit the profile of our multiethnic and multicultural society.

There is a clear global trend, aimed at overcoming the old scheme of the homogeneous Nation-
State and the adoption of Multinational (or multicultural) State models. In this outdated model,
the groups installed in power - based on the idea of popular sovereignty - try to give legitimacy
to the State, arguing that it belongs to the population and that, furthermore, only one people
corresponds to the State. In other words, the national elites have tried to create the illusion that
there is only one community of interests in the territory, from which the idea of homogeneity
arises. The homogeneous State has been challenged, first by indigenous peoples and then by
different communities, who wish to maintain their own institutions and distinctive cultural
features. The national hegemonic groups have used the State to privilege their identity, impose
their language, tell their history and legends; reaching the point of confusing it as the expression
of their nationality.

In the international arena, the nature of conflicts has been transformed. Thus, the current conflicts
no longer arise between one State against another and ideological rivalries ceased to be the
predominant theme in this scenario. Local and regional demands, which previously remained
under the control of the States, emerge and manifest themselves openly. An experience about
the danger that internal conflicts contain is the complex history of Yugoslavia and the
consequences derived from the actions of minority nationalisms. In this area, the personal and
egocentric attitudes of politicians obsessed with power and the manipulation of ethnic differences
for their own petty advantages must be highlighted. This situation was about to be repeated in
Bolivia in the first days of June 2005.

And how can the disintegration coming from radicalized nationalisms in Bolivia be avoided?
Cultivating an attractive national image in such a way that any desire for separation or repudiation
of the State disappears. Only within the framework of a modern state can minority cultures,
languages and sacred institutions be protected, internally and externally. In addition to the fact
that the idea of a better future must be instilled in the youth and that limitations and poverty – an
enemy

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common - must be solved based on work, not blockade and the rational, honest and
intelligent use of our resources.

The growth of minority social groups that defend their right to be accepted as different
has created a situation that generates a demand for greater pluralism in today's society.
A condition for pluralism to be practiced must be mutual respect and tolerance for
diversity. This implies the acceptance and recognition of social groups that defend their
right to be different. It is worth asking then: is it not legitimate to include among the
fundamental rights the recognition of diversity, which protects both the identity of each
individual and the existence of different "collective identities"?

In our country, an important step has been taken in the sense of recognizing the existence
of several nations and ethnic groups within it, since according to our CPE Bolivia, it is
theoretically "free, independent, sovereign, multiethnic and multicultural constituted in
Unitary Republic, adopts for its government the representative and participatory
democratic form, founded on the union and solidarity of all Bolivians. It is a Social and
Democratic State of Law that maintains as superior values of its legal system, freedom,
equality and Justice”. (art. 1 CPE). Read well: it does not say that it is centralized.
However Bolivia is a highly centralized country. The infeasibility of centralism has been
amply demonstrated by the collapse of the Soviet Union as a political entity.
Today, even the most centralist governments are ceding responsibilities to subnational
governments, marking a strong trend towards the constitution of autonomous regional
governments and strengthening existing ones.

What does it mean when people urgently demand to restructure or refound the country?
It simply means that it is necessary to re-examine the relationship between the parts and
the whole, and between them, but this time with complete freedom, on an equal footing
and with the aim of highlighting the advantages of staying together and acting firmly to
remove the obstacles that they oppose a peaceful coexistence. The onslaught of the
demands for regional autonomy makes the issue arise with the utmost urgency. The
growing complexity and heterogeneity of society require that the axes of new solidarities
be traced and the rigid positions of unitary and centralist schemes be made more flexible.

We must make it very clear that in Bolivia any pretense of domination by force over other
peoples is out of place, or trying to design a State to the taste and measure of the
hegemonic groups and even worse if the threat is directed against a united people,
dedicated to work and in frank economic and political ascent. Let it be understood: Santa
Cruz will hardly allow more encroachments, abuses or offenses.

Santa Cruz, March 2006


THE AUTHOR

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Box No.1
FREQUENTLY ASKED QUESTIONS ABOUT AUTONOMY

1.- What is Regional Autonomy?

Regional Autonomy is understood as the growing capacity for regional political self-management,
identification of the population with its region and the capacity to appropriate the economic surplus generated in it.

2.- What benefits or advantages does it offer?

a) Strengthening of citizenship, supporting their participation in national affairs and creating their
own self-government institutions

b) Better use and allocation of departmental financial resources with criteria of efficiency and
opportunity, collecting their taxes. The regional instances, knowing their problems and needs
better, can respond to them with greater success, acting swiftly, avoiding bureaucratic procedures
and thus ending with the costly and inefficient passage through the central administration.

c) Deepening of democracy through the election by popular vote of departmental, provincial and
assembly authorities.

d) Improvement of social control and curbing corruption so that our resources are better managed.
The autonomous regional governments have a greater degree of commitment to the citizens to
respond to their expectations and demands, and citizens will also have the authority to demand,
claim and, where appropriate, revoke their mandate.

e) Strengthening of national unity

3.- What disadvantages does it have?

Very few and all of them


rectifiable: a) initially more bureaucracy
(probable) b) possible increase in cost
c) lack of experience in managing public administration

An autonomous State costs more than a centralist one. In a political autonomy the number of
public employees tends to grow. If the autonomies do the same as the centralist State did, they
will be more expensive, but if they add value, boosting the economy of the territory, it will
contribute to territorial rebalancing within the State, then the autonomies are more profitable in terms of developmen

4.- What is town?

It is the set of objective and subjective elements. It is a natural community composed of language,
culture, ethnicity, traditions, history, symbols, religion, etc.

5.- What is nation?

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A nation can be characterized as a country, or as a part of a country, when it is united by ethnic,


economic, political, or cultural characteristics. It is the great community of men who are united
by various ties, but above all, precisely, by culture.

6.- What is State?

The state is the agent that holds the monopoly of legitimate violence within society

7.- What is government?

It is the collegiate body formed by a President or Prime Minister and some Ministers to whom the
Constitution or the fundamental norm of a State attributes the executive power. The Government
constitutes the center from which political power is exercised over a society.

8.- What is a centralist state?

It is the form of state where political decisions are made in the central government.

9. What is internal or interior colonialism


It is the forced and unjustified submission of one people to another, which seriously violates the
fundamental freedom and equality of all peoples.

10.- What is an autonomous departmental government?

It is a meso or intermediate instance of government that articulates the national with the
municipal, and that is capable of promoting differentiated departmental development strategies.
The powers gradually transferred to the different departments make up a scenario of marked
asymmetries in terms of economic development or institutional consensus to assume them locally.

11.- Are the autonomies a factor of division of a State (split)?

No, on the contrary, it has been shown historically that they reinforce national unity

12.- Which countries or states have an autonomous system?

In Europe: Spain, Italy, Poland, Northern Ireland, Belgium


In Latin America: Colombia, Uruguay, Paraguay

13.- What is required to be an autonomous State and have self-government?

a) have their own government elected by


popular vote b) have their own legislative
body c) have their own resources and patrimony

14.- What would the Autonomies model for Bolivia be like and what are its characteristics?

The autonomy model in Bolivia must be territorial, aimed at filling the existing gap at the middle
level of the State (current departmental prefectures) and must have the following elements:

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a) self-government,
b) council or departmental assembly that dictates some internal regulations and oversees the
governor c) manage own resources based on a budget and a development plan

It must be inclusive and participatory where cultural minorities (ethnic, religious, indigenous peoples, etc.) are
respected.

15.- What is the difference between a federal State and an autonomous one?

The federal state is the association of several states with a central government and governments in each of the
states, while the autonomous state is a unitary state with regional governments and powers transferred by the
central state. The autonomous regions do not have the constitutional prerogatives that the federated states
have.

16.- What is the difference between autonomy and federalism?

The autonomies are an intermediate state between the unitary and federal system. The
fundamental difference is that, in the second, all states would have to become semi-
sovereign, with their own Constitution and Legislative Power. Right now that is exaggerated
for Bolivia, it is too expensive. It makes no sense for departments like Pando, with just over
50,000 inhabitants, to become states. On the other hand, the autonomies do not break with
the unitary system. However, they could be the path to federalism in the future.

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Box No. 2
Benefits or advantages of the autonomies

1.- It allows the exercise of the right that peoples have to decide their destiny and to elect their authorities and
build your development. In this way, self-government institutions are created in the departments.

2.- Strengthening of national unity

3.- Deepening of democracy through the election of departmental, provincial and


assembly members, when exercising the popular vote. It also allows the improvement or expansion of
social participation by offering greater channels of political participation and by being a means of
rapprochement between government and society.

4.- The improvement of social control constitutes a brake on corruption and makes our resources
better managed. The regional governments, because they are democratically elected, have a greater
degree of commitment to the citizens to respond to their expectations and demands, in addition, that
if they do not comply with their proposals, the citizens will have the authority to demand, claim and,
if necessary, revoke their mandate.

5.- Ability to rule, regulate and manage public affairs concerning the region, with a view to
improve the quality of life of its inhabitants and offer better conditions to combat poverty and social
exclusion

6.- The departments will be able to plan their development, manage their own financial resources, create
better job opportunities and provide greater health and education coverage. They will prepare their
budget in relation to the totality of the economic resources of the region, promoting provincial
development and indigenous participation.

7. Better allocation and use of departmental financial resources with criteria of efficiency and
opportunity, collecting their taxes.
In view of the fact that the regional instances know their problems and needs better than the
central one, the answer is with greater success, favoring an agile action, saving red tape and
thus ending cumbersome central bureaucracy.

In short, with the autonomies, democratic quality, national unity, respect for diversity, economic
dynamism, growth would be improved.
They would improve public services, articulation with municipalities and territorial cohesion to
overcome Inter inequalities. -territorial.

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Introduction

The unitary centralist regime has proven to be pernicious for the


State

"Those who prevent peaceful revolutions prepare bloody


revolutions" (John F. Kennedy)

The purpose of this work is to disseminate the subject of the autonomies that the country claims.
Although decentralization is not a panacea for ills, it nevertheless constitutes an important step
for the modernization of the State and a way for regions to solve their problems effectively. It is
our desire to join the construction of a modern, efficient and participatory State, in order to
enter participatory democracy. That is why we propose a National Model, in which we all win,
since the issue is not only of interest to a particular region, but to the State as a whole.

The work has been prepared taking into account the following circumstances:

a) Existence of a unitary centralist regime that has proven to be detrimental to the proper
functioning of the State and that has become detrimental to the regions. Such a system
is characterized by a drying central bureaucracy, which appropriates the productive
effort of other districts and does not produce or contribute anything. b) Existence of an
internal colonialism, fruit of the power that the central bureaucracy has assumed. This
situation is intolerable and becomes explosive. The civic committees have assumed
the defense of their towns, against internal colonialism. c) The radicalization of
peripheral regionalist and nationalist movements demands timely actions. If we do not act
quickly and intelligently, we risk falling into violent situations that will be regrettable.
The beneficiaries of Andean centralism and the holders of power will be responsible
for this.

In order to recover national unity, we propose the bases of a democratizing decentralizing


model, consisting of the adoption of a regime of regional autonomy, with an elected government.
The document is divided into three parts:

In the First - Identifying the Problem - the Theoretical Framework is drawn, in which the analysis
of some conflicts generated by currents of nationalism-separatism will be located, which refer
to the most significant experiences recorded in recent history. The experience of the Quebec
province in Canada is exposed, a paradigmatic experience that has

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served as a source of inspiration for other movements. Then the Irish nationalist movement
is analysed, followed by the war in the Balkans.

The Second Part - Exploring Solutions - refers to the instrumental of concepts to be used in
the central theme of the proposal: territorial autonomy. For this purpose, it defines what is
concentration, deconcentration, decentralization, autonomies, etc.

Then the best experiences regarding the implementation of regional autonomies in Europe
are reviewed. This is how the autonomous governments of Spain are described and
reviewed, since this country is a pioneer in the matter. Italy, one of the most successful
models in Europe, is also analyzed and mention is made of the new model of Belgian
federalism or advanced autonomies.

In the Third Part, - Proposal for a National Model of Regional Autonomies - the proposal is
formulated, which becomes the central axis of the document.

We are convinced that this popular desire to return to the people the decision-making power
to forge their own destiny, sooner or later, will have to become a reality, and we trust that
this will be done peacefully, so as not to fall into the warning that Kennedy does, in the
epigraph of this introductory note.

Some Conclusions

1. It is not mandatory that each nation have a State. Multinational states can be formed

2. Defensive moderate regionalisms are not bad, since they only seek progress and esteem
for their region. These regionalisms are based on feelings, while nationalisms claim rights.
Exacerbated regionalisms lead to fundamentalist nationalisms

3.- Nationalism acts out of convictions, it is presented as an urgent need to restore their
rights to a subjected or subjugated nationality. Peripheral nationalisms are a response to
central nationalisms and/or centralism. They arise as a response to the defense of language,
culture, customs and religion. The demands of peripheral nationalisms take various forms,
depending on the objective they pursue:

autonomists,
Secessionists or independentists,
Sovereignists,
Pactistas or Confederalists

In general, these movements lead to armed conflicts. There are few cases in which a part or
region of a State obtains its independence or sovereignty by peaceful means.

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4.- The right to self-determination of peoples extrapolates the rights to freedom of


individuals, towards a higher plane that is the community, peoples or ethnic groups.
Self-determination means free and sovereign decision to define the internal and external
structure of a people, without this necessarily meaning the creation of an independent
State. The peoples that are part of a State have the right to internal self-determination.

5.- Among the triggering factors of separatism or the disintegration of a State, the
following can be mentioned:

Ethnic, cultural, or religious antagonisms. Exacerbated racial hatred or resentments.


Hegemonic power exercised by some groups: ethnic, economic, due to excessive
centralism, expressed in an excessive centralization of decisions in unitary States, and
unfair distribution or allocation of economic-financial resources, the result of a de facto
situation of internal colonialism . a) Existence of important reserves of natural resources
b) Presence of transnational companies in charge of the exploitation and control of
these resources in disadvantageous conditions c) Persistence of a serious situation
of economic, social and corruption crisis d) Important geopolitical or strategic
location of the State or region e) Interest of a foreign power in dividing the State in
question.

In Bolivia, as an exceptional case, all these factors are present, being therefore a
serious candidate to disintegrate, if the necessary precautions are not adopted in a
timely manner.

In the light of the modern experience of European countries, the debate about the
dilemma of unitarism or federalism has been overcome, and it has come to show that it
is possible to adopt a golden mean, taking advantage of the federal system, through
the autonomies regional, without abandoning the unitary system and without attempting
against national unity, quite the contrary, getting to strengthen that unity.

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Part One: Identifying the Problem

I. Some conceptual clarifications

1.1. Discussing Nationalism

Nationalism is subservient to two terms: State and nation. "The state is the agent
that holds the monopoly of legitimate violence within society." They can only make
use of that force, those to whom this right is delegated. Among the various ways of
having order, force can only be used within society by a disciplined special agent
of the State. A nation can be characterized as a country, or as a part of a country,
when it is united by ethnic, economic, political, or cultural characteristics.

Human Group-----------mob[2 ]

-----------people------nation-----------State

Nationalism is the political and social ideology that makes the concept of nation
correspond to that of the State. Although nationalism has traditionally been called
political thought that postulates national independence for peoples and ethnic
groups, the term also corresponds to the activity of a State.

Others consider that nationalism is the "Principle that affirms that the political and
national unity should be congruent." It is an artificial product created with a
"historical criterion of the importance of certain institutions and culture shared by
the ruling classes and select educated minorities." With the struggle for
decolonization, the expression "revolutionary nationalism" arose to designate processes of nation
Finally we assume by nationalism a certain political option that makes the defense
and development of the identity of a nation the axis of its activities. [John Paul II]

1.2 Kinds of Nationalisms

The first great division that we have is:

• central or state nationalism,


• peripheral, sub-national or minority nationalism (object of concern of this
job)

2
] mob (Gr. keleusma). F. Set of galley slaves. 2 Set of rude people.
3 Amer. Group of Indians without authority, which make up a toldería or camp.
." Microsoft® Encarta® Encyclopedia 2001. © 1993-2000 Microsoft Corporation.
The sociological concept of mob of a disorganized or unstructured group of people. No pejorative
connotation is given to the term here.

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Recently, nationalisms have gained strength in many regions of the planet, with peripheral
nationalisms more intense than central or state ones, confronting brother nations (intra-
territorial conflicts), or uniting social groups that previously fought against each other, or
temporarily allying with some of them.

Within the same nation there may be different nationalist parties or factions.
While some value more the ethnic aspect of the nation, others highlight the economic
aspect, others the political and others the cultural.

1.2.1 Ideal Classes of Nationalism: Ethnic and Civic

According to the works that deal with nationalism, they usually distinguish two ideal and
abstract types, which, as with all theoretical classifications, rarely correspond to the
concrete types, but are useful to explain reality.

Although the names vary, the background is similar. Thus, Michael Keating distinguishes a
civic and an ethnic nationalism, while Andrés de Blas Guerrero does so between cultural
and political. On our part we will adopt the following two types:

to) Ethnic nationalism:

This type of nationalism rests more on the Nation, People or Group, than on individuals.
The nation has its own essence or identity formed by culture, language, values, traditions
or history. The holder of the rights is the People or Nation, the individuals will be nationals
to the extent that they participate in the national essence. The object of this Nationalism is
the Nation itself and the identification of citizens presents a more emotional and affective
profile, than rational and voluntaristic. This type of nationalism, which Larronde calls
Germanic, also receives other names: continental, essentialist, cultural, organicist, etc. It is
also known as ethnonationalism.

b) civic nationalism

This nationalism is not based on essences or pre-existing nations, but on the voluntarism
and decision of the individuals who decide to become a People and a Nation. The Nation is
a project or a collective enterprise that is based on individual acquiescence. This nationalism
is liberal, democratic and open to all, even if they do not belong to the ethnic group.
Decisions and rights correspond to individuals rather than to the Nation.

This model corresponds, in origin, to the French system. It has more rational than affective
nuances and looks more at the conformation of global Societies than at the interests of
ethnic groups. Just as ethnic nationalism was identified more with the principle of
nationalities, as the right of the Nation to become a State (Nation · State), the civic one gave
rise to the principle of self-determination and to the States · Nation.

1.3 On peripheral nationalisms

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From the regional or internal point of view and as a response to state nationalisms and
the subjugation of some minorities through works, peripheral nationalisms have emerged.
The evolution of peripheral nationalisms has promoted the "federal development of Spain
and Europe". In Spain, all the possible options for change emerge, such as: the pro-
independence, the moderate nationalism, and the federal.

In certain cases, peripheral nationalisms demand that the plural State recognize them and
try to build their own political power according to the model of the old State and demand
independence or an almost medieval confederalism.

Nationalism tries to create the conditions to achieve the social, economic and cultural
aspirations of a people. Nationalism is characterized by the feeling of community of a
nation, derived from origins such as religion, language and common interests. Nationalism
is understood as a certain political option that makes the defense and development of the
identity of a people the axis of its activities.

1.4 Regionalism and Nationalism

Now let's define and contrast these two tendencies, the concept of which must be fixed in
order to grasp the essence of the separatism that is falsely attributed to some peoples.
The word "nationalism" has many meanings that make it dangerous. Therefore, it is
necessary to avoid confusion caused by this excess of meanings.

To build the concept of nationalism, the idea of nation has been taken as a basis, in the
same way, to formulate a definition of regionalism, it is based on the concept of region.
Regionalism seeks to foster the potentialities of its area, without adopting unfriendly
positions towards other regions.

The difference between these two concepts is that nationalism acts out of convictions, it
is presented as an urgent need to restore the rights of a mediated nationality. It has, then,
a demanding character, something necessary and pathetic. Regionalism, by contrast, has
a more attenuated concept of personality.

1.5 Autonomism and Nationalism


The question of territorial autonomies is generally posed in terms of:
• separatism (creation of an independent state) or
• decentralization within existing states.

The second theme - Decentralization through Autonomies, which is what we embrace - is


exposed in the Second part of this document.

1.6 The right of self-determination

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This right intends to transfer to the Peoples or ethnic groups the fundamental rights of the individual,
and specifically the right to freedom. But this right, in terms of freedom to choose the desired political
regime, is only connected to Sovereignty, in the sense that is usually given in constitutional texts to
the expression Sovereign People or Constituent Power.

Self-determination means, then, a free and sovereign decision on the internal and external political
structure of a People, but it is not necessarily identified with the creation of an independent State,
since other variants are possible in addition to secession, segregation, as well as aggregation,
federation , etc. Therefore, affirming that all nationalism is a doctrine of self-determination means, at
the very least, that it must aspire to a sovereignty of decision.

II Some Experiences of Nationalisms

This Title studies nationalist experiences that have mostly led to separatist solutions, with a very
high cost in lives. The following cases are analyzed below:

1. The secessionist movement of the French-speaking province of Québec, of high interest,


because it is a federal and rich state like Canada; 2. The much discussed topic is that of
Ireland, with its segregated region Northern Ireland
North, which chose to be annexed to the United Kingdom of Great Britain;
3. The bloody war in the Balkans and the dissolution of Yugoslavia are analyzed
in the third paragraph;

1. Canada: Quebec separatism


1.1. Main data

Canada is the second largest country in the world with an area close to 10 million km2. It has an
extension from east to west of more than 5,500 km. It has a population (2005) of 33,078,819 inhabitants.
Its Capital is Ottawa

The Canadian economy is one of the most prosperous on the planet and is internationally integrated.
Its wealth in natural resources such as oil, gas, minerals, timber and agricultural products is very
large. As a result, Canada has developed a manufacturing industry, such as the paper industry of
which it is the world's leading exporter.

In recent years, the Canadian economy has grown rapidly. Thus, between 1997 and 2003, Canada had
the highest growth of the advanced industrial countries (G7).
Recently that place was replaced by the United States. The Gross Domestic Product had a growth of
67% between 1994 and 2004. The United Nations, year after year, usually names Canada as the
country with the best quality of life, taking into account its level and its

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life expectancy, as well as the schooling of its population. It has a per capita income
of US$. 29,560 per year

1.1.1 Type of State and government

Canada is a constitutional monarchy, a federal state and a parliamentary democracy.


It has ten provinces and three territories. Executive power is exercised by the Prime
Minister and his cabinet. The legislative power is made up of two chambers: the
Upper House or Senate, made up of 105 senators, and the House of Commons, made
up of 308 deputies elected by universal suffrage.

Canada is the most decentralized federal state in the world, if measured in terms of
public spending, since autonomous entities manage 54% of that spending. However,
the Provinces do not have their own judicial power. It is a multicultural country,
characterized by its moderation and tolerance; united within its own diversity. Two
large linguistic communities coexist: English and French. The majority of the French-
speaking population is concentrated in the province of Quebec. Canada recognizes
this linguistic duality and has English and French as its official languages. These two
founding peoples have lived in different social worlds, in which French Canadians
maintained a colonized relationship vis-à-vis English Canadians.

1.2. The separatist Province of Québec

Quebec is a territory of 1 million 357 thousand square meters, being the largest
province in Canada with a population of around 7 million inhabitants. In the early
1960s, a vague feeling of Quebec difference developed into a powerful movement
calling for greater autonomy for Quebec.
It is difficult to understand this nationalist claim, since Quebec is not part of a
repressive federal state, it has broad powers in internal affairs, such as education,
culture, health and natural resources, in addition to belonging to a modern,
democratic, progressive nation that respects human rights. However, a significant
portion of its population wants to become an independent country.
A division of the Liberal Party in 1968 led to the founding of a radical nationalist party,
the Parti Québécois (PQ), which achieved provincial power in 1976 and in 1980
organized a referendum in which it requested authorization from Québécois citizens
to negotiate with the Government of Canada a sovereignty-partnership formula
between equals. The proposal was rejected by 59.56% of voters.
A wide menu of constitutional reforms ended up being accepted by the nine English-
speaking provinces in November 1981, thanks to a series of changes in a pro-
autonomous sense that was more favorable to the Provinces. However, the Quebec
prime minister did not accept the agreement and opposed the 1982 Constitutional
Law because he considered that it violated Quebec's “right of veto”.

In order to integrate Quebec into "the great Canadian family," the federal government
made new proposals. The prime ministers agreed - on two occasions - to

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reform the Constitution: in the Conferences of 1987 and 1992. In 1987 Québec negotiated
an agreement that guaranteed recognition as a distinct society. This proposal, known as
the Meech Lake Agreement, had to be approved by all Canadian provinces, which it did
-, and one,
not. A new attempt at an agreement – that of 1987 took up the spirit of the previous
incorporated a series of additions regarding the rights of indigenous peoples, the
representation of Canadian provinces and territories at the federal level. This agreement
did not materialize either.

1.2.1. Québec Separatist attempts

The 1995 referendum crowned a series of debates that began with the question of the
Canadian Constitution, to which Québec did not adhere. These debates annoyed the
Canadians, since the insistent Quebecois demand that this province be recognized as a
distinct society, made the rest of the inhabitants feel like "second-class citizens", since
guaranteeing "special" attributes to one of the provinces, goes against the spirit of equality
and equity that should prevail in the country. In recent years, regionalism has been
accentuated in certain English-speaking provinces, for example, in Alberta.

The PQ had promised to organize another referendum to achieve sovereignty. Thus, in


1995 the Government of Quebec called a referendum that obtained a negative result by
the narrow margin of 50,000 votes. The referendum was for the people to decide on the
political independence of Quebec. In the event of a positive response, the process leading
to independence was to be initiated after negotiations with Canada on the formal offer of
association.

The narrow margin shown by the referendum was a wake-up call for the federation, since
after having “appeased” with Quebecois separatism, confident that it would never win a
referendum, the federal system was forced to seriously confront the problem.

1.2.2 The unilateral right of secession is not recognized

The Supreme Court of Canada has ruled on the legal basis for a separation from Québec.
The court denied the existence of any conflict between Canadian domestic law and
international law, since "neither recognizes a right of unilateral division." Regarding the
invocations of the sovereignists to international law, the Court was very clear. Québec
cannot claim the unilateral self-determination contemplated in international law because it
does not conform at all to the conditions established in that same law: being a colony, or
suffering a military occupation...

In that pronouncement, two important principles were established.

• "neither the Constitution nor international law grant (Quebec) the right to a
unilateral secession".

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• that secession could be negotiated as long as "a clear majority of the people of
Quebec so decided" and that that decision "respected the rights" of the rest of the
Canadians.

1.2.3. The Quebecois Model: Sovereignty and Association

The Quebec model is based on a combination of sovereignty and association that has
inspired Basque nationalism, summed up in the proposal of a free associated nation.
Quebec society itself and the Canadian central institutions have been firm in maintaining
the unity of the State, and have not leaned towards inflexible nationalism in their postulates.
The opinion of the Supreme Court has become an essential legal precedent to refute the
secessionist theses that are based on the idea that self-determination is an unrestricted
right of peoples, opposable to democratic States

2. The Winding Road to Home Rule for Northern Ireland

2.1 Main data

The island of Ireland, once ruled by Great Britain as a unit, is now made up of two countries:
The Republic of Ireland, which covers 26 of the 32 counties, and Northern Ireland.

The Republic of Ireland is an independent country located in northwestern Europe that is


part of the European Union (EU). Its territory covers approximately 83.33% of the island of
Ireland. The remaining 16.67% belongs to Northern Ireland. The capital of the Republic of
Ireland is Dublin. It has a total area of 70,273 km² and a population of 4,015,676 inhabitants
(2005 est.) Religion: 95% Catholic and 3.4% Protestant. Its GDP per capita is one of the
highest at US$40,003.

2.2 Northern Ireland

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Northern Ireland is an administrative region of the United Kingdom, which is located


northeast of the island of Ireland. It has a total area of 13,843 km² and its population
(2004) is 1,700,000. Its capital and largest city is Belfast. Northern Ireland's most
valuable natural resources are its fertile soils and rich pastures. Hydroelectric power
is abundant. The main mineral reserves are basalt, limestone, sand and gravel, granite,
talc, clay and schist.

2.2.1 Religion

Northern Ireland is a complex entity, divided between two distinct cultural communities,
unionists and Irish nationalists. Both communities are often described based on their
predominant religious connections; Unionists are mostly Protestants (among which
the main faith is Presbyterianism) and second, in terms of number of believers, the
Church of Ireland, while Nationalists are mostly Catholic. However, not all Catholics
support nationalism, and the same rule holds true for Protestants regarding unionism.
His religious profile is like this:

54% Protestants
42% Catholics
4% unrevealed religious minorities

In general, the Northern Irish economy, which is based on agricultural and industrial
activity, is closely related to that of Great Britain, dominated by small farms whose
production is both agricultural and livestock; This last item includes the raising of
cattle, sheep, pigs and poultry. Marine fishing is centered on the eastern coast; The
main species of freshwater fisheries are salmon, trout and eel.

The industry is one of the most important sources of income for the island. The main
industries have traditionally been textiles. Linen is the most important of the raw
materials used in textile workshops; Next in importance are cotton fabrics and others
made of synthetic fibers. The construction of ships and airplanes is also highly
developed; in Belfast there are important shipyards. Other notable industries are textile
machinery, electrical and electronic equipment, food processing, liquor, tobacco
processing, and chemical products. Its per capita GDP is in the order of $20,000 per year.

2.3 Brief History

From 1801 to December 1922 Ireland belonged to the so-called 'United Kingdom of
Great Britain and Ireland'. The fight for the autonomy of Ireland dates back many years.
With the uprising of 1867, led by the Catholic Archbishop of Dublin, a new stage of that
struggle began, after which independence emerged as the final goal. In April 1886, Irish
nationalism presented a bill of autonomy for Ireland to Parliament and in February
1893, it presented another similar bill, which provided for the creation of an Irish
Parliament in Dublin with broad powers in regional and physical politics.

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The failure of these projects paralyzed the autonomic process for several years. But
nationalism was already a considerable force. In 1900 a political movement was created
whose motto was Sinn Fein (us alone), which advocated for an independent Ireland,
united with Great Britain through a sovereignty pact. In 1919, most members of parliament
gave up their seats in the British House of Commons and established an extra-legal Irish
parliament. This parliament issued a declaration of independence in 1919 on behalf of
the proclaimed Republic of Ireland, but it did not gain international recognition. A bitter
war ensued - known as the Irish War of Independence - and then a treaty was negotiated
in 1921 that created a new system
Thus, of legal Irish
the existence self-government,
of two called dominion
states was arranged: status.
one for the six
northern counties and another for the rest, each with its own parliament. That year the
home rule system was approved and the talks bear fruit: [South] Ireland will govern itself
and enter the Commonwealth.

2.3.1 A conflict with two axes

The "freedom" achieved opens again the doors of tragedy. The IRA launches into combat
against the English army, the Protestant paramilitary forces and against that of Dublin.
The war will last until April 1923. It is a conflict that has two axes. One the political and
the other the religious. On one side are the Catholics and on the other are the Protestants.
That in terms of religion. From the political side, there are the Republicans and the
Unionists. Republicans want to break away from Great Britain and join the Republic of
Ireland. While unionists want Northern Ireland to remain a British province.

This civil conflict had its precedent in the Dublin Easter Rising (1916) and a subsequent
guerrilla campaign. Various pro-independence groups promoted an armed insurrection
against British rule. Political violence lasted for thirty years. The six counties of Ulster
decided to maintain ties with Great Britain and became a division of the United Kingdom,
known as Northern Ireland.

The Protestant population of Northern Ireland saw this union with Great Britain as a
guarantee for the maintenance of their religion and their dominant position within Irish
society. For Catholics, however. the creation of Northern Ireland was the latest injustice
committed by the British against the Irish.

2.3.2 IRA fighting and massacre

In August 1971 the Army of Southern Ireland once again began a guerrilla fight against
the British army. The British abolished Parliament and imposed direct rule. Northern
Ireland ratified its union with Great Britain, which led to an escalation of violence.

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A bloody chapter in Ireland was the Derry massacre, which occurred in January 1972,
when thousands of Catholics held a protest march in favor of civil rights, the British
army attacked the crowd. In retaliation, the IRA blew up one of the flags of the unit
responsible for "Bloody Sunday" in Great Britain.

2.3.3 Agreement to end the violence: Good Friday Agreement

In April 1998, an all-party agreement was signed to end the violence. which is known
as the Good Friday Agreement. A referendum was then called, on May 22, to resolve
the dispute over Ulster, which the Republic of Ireland claimed in its Constitution as its
own region. The referendum was held in Ulster, to answer whether its inhabitants want
to belong to the United Kingdom or reunify with the south. The Good Friday agreement
approved by referendum served as the basis for the creation of a democratic body of
self-government in Ulster and leaves the door open for the unification of Ireland by
means of a referendum that could be called every seven years. The Protestant party in
Northern Ireland refuses to share power with the Catholic Sinn Fein, the political arm
of the IRA, until it is fully disarmed.

2.3.4 Solution through political means and delivery of arms

On July 28, 2005, the IRA ordered all its militants to lay down their arms and end the
armed struggle. In addition, it asked its members to increase their efforts to solve the
Ulster problem through political means. Two months after that ceasefire announcement,
the Disarmament Verification Commission announced that the IRA kept its promise
and disarmed completely. This is historic news for a conflict that dates back three
decades.

The destruction of arsenals was a key issue to restore the autonomy of the province,
suspended since October 2002 due to an alleged case of IRA espionage in the offices
of Stormont castle, seat of the Northern Irish assembly. Since that date Northern
Ireland has been under his direct rule.

The Independent Observation Commission must issue a report on the activities of the
IRA at the end of January/2006, after its announcement that it was abandoning the
armed struggle. If the report confirms that the IRA has ceased its activities and handed
over all its weapons, then the Irish and British Prime Ministers, Tony Blair, will begin
talks involving the parties involved. "That will lead with a bit of luck to the restoration
of the Assembly and the Executive," said Bertie Ahern, who considered that the sooner
this happens "the better."

In any case, he said, "the reality is that in Northern Ireland we have gone from a place
where there were daily murders to a more stable place." "This was achieved on the
basis of the Good Friday agreement" which provided for Republicans and Unionists to
share power in a joint Assembly and government. In short, Northern Ireland tries to
ensure shared governance by the two historically warring communities.

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3. The Bloody War in the Balkans:

3.1 The Yugoslav State. Evolution and Transformations

Yugoslavia was formed in 1918 and disappeared in 1992, it underwent several


transformations, starting with the formation of the Kingdom of Serbs, Croats and
Slovenes, passing through the Socialist Federal Republic of Yugoslavia and ending with
the Federal Republic of Yugoslavia. The name of Yugoslavia was definitively abandoned
in 2002. It had an area of 255,803 km2. The capital and largest city was Belgrade, located
in the Republic of Serbia.

The South Slavs constitute one of the five largest ethnic groups on the Balkan Peninsula.
The other peoples are: Serbs, Croats, Slovenes and Montenegrins. The Serb dominance
in the government and its refusal to grant autonomy to other minority groups led to
intense political fighting in the kingdom. Croats fought against the system and the
centralist leadership. The first phase of the struggle ended in June 1928, when a
Montenegrin deputy in the middle of a parliament session killed two Croatian deputies
and left Radic, the most important Croatian politician of the time, mortally wounded.
Then a separatist regime was organized and established in Zagreb (capital of Croatia).
The civil war seemed imminent, but when the validity of the Constitution was suspended
and the dictatorship was established, it was averted.

3.1.1 Socialist Federal Republic of Yugoslavia

At the end of World War II the monarchy was abolished and Marshal Tito proclaimed
the People's Socialist and Federal Republic of Yugoslavia, made up of six republics: 1)
Bosnia and Herzegovina, 2) Croatia, 3) Slovenia, 4) Macedonia, 5) Montenegro and 6)
Serbia with two autonomous provinces within it: Kosovo and Vajvodina.

3.1.2 The Federal Republic of Yugoslavia

Ethnic antagonisms break Yugoslavia and when the Kosovars are stripped of their
autonomy, street violence takes shape until it reaches armed confrontations.
Yugoslavia sends troops and tanks to the conflict zone, and Albanian lawmakers declare
Kosovo an independent province of Serbia, prompting Belgrade to dissolve the Kosovo
assembly and government.

Yugoslavia began to fragment -1991- due to the confrontation between the leaders of
the federated republics and after the fall of the communist regimes of Eastern Europe;
Serbia tried to keep the federation together in order to maintain its dominant position
and protect Serb minorities residing in other republics. In the middle of that year the
civil war broke out, in which Serbia supported the Serbo-Croats and Serbo-Bosnians
who were pursuing the creation of "Greater Serbia". Finally this country and Croatia
signed a ceasefire. This fragile consensus broke down when the USSR dissolved and
after the secession of Slovenia, Macedonia and Croatia. The war with Croatia lasted
seven months and ended in January 1992. As a result, Croatia lost control of more than a third of its terr

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3.2. Intensification of ethnic conflicts and Independence of Croatia

Croatia, which was part of Yugoslavia, declared its independence six months before the
dissolution of the USSR. The civil war then broke out when the Serb ethnic group rose
up in arms against such a decision. It was thus that a violent war began, determining
that at the end of 1991, a part of the Croatian territory was occupied by the Serbs. The
European Community and the UN attempted mediation between Croatia and the three
autonomous Serbian republics, which had united to self-proclaim the Serbian Republic of Krajina.

The armed conflicts resumed in June/92 when the Croats tried to retake the territories
held by the Serbs. Peace negotiations resumed and the Croatia-Serbia agreement was
signed in January 1994, two years after the first agreement.

3.3 Conflicts in Bosnia-Herzegovina

3.3.1 The Causes of Conflicts

A warlike conflict aggravated to the extreme, shows how various causes can concur to
generate a savage war in a country that - until a few years before - was not very different
from other European states. Differentiated from each other for historical, religious and
cultural reasons, Serbs, Muslims and Croats have murdered each other with
unprecedented viciousness.

After the collapse of the Yugoslav State, the triggering cause of the conflict, it
progressively worsened because other reasons were added to the aforementioned reasons:

• Exaggerated perceptions of hate, rivalry and the encouragement of revenge, fueled


by many media outlets;
• Attempt to divide the Bosnian territory between the Croatian and Serbian
republics; • (intentional) political mistakes by the great powers that have allowed or
instigated the triggering and contributing factors to escalate to extremes.

Something else: The identification of the central power with the interests of Serbia ruined
the continuity of the Federation, and determined the emergence of centrifugal or
dissociative tendencies.

3.4 Events in Serbia and Montenegro

3.4.1 Brief information from Serbia and Montenegro

State Union: The state union is made up of two member states, Montenegro and Serbia,
which includes the autonomous provinces of Vojvodina and Kosovo (which is currently
under international administration by the UN Security Council). It is located in south-
eastern Europe, on the Balkan Peninsula with access to the Adriatic Sea.

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Serbia and Montenegro has a territory of 102,173 square kilometers. Serbia covers an
area of 88,361 square kilometers, while Montenegro's area is 13,812 square kilometers.
The capital is Belgrade with a population (2003) of 2 million inhabitants.

Population: Serbia and Montenegro has a population of approximately 11 million


inhabitants: 10.3 million in Serbia and 650 thousand in Montenegro. The great majority
of the population of that Union belongs to the Serb ethnic group and the rest is made
up of members of the Albanian, Bulgarian, Slovak, Gypsy, Greek, Hungarian, Macedonian, Romanian,
etc

Religions: In addition to Orthodox Christianity, which is the most numerous, there are
also Islamic, Catholic, Protestant and Jewish religious communities.

3.4.3 Intensification of ethnic conflicts

In the early 1970s, ethnic conflicts became more acute, especially between Serbs and
Croats, as Croatia filed a lawsuit against the confederate system. The failure of some
negotiations[3 ], in which the European countries and the United States wanted to
impose protectorate conditions on Yugoslavia, opened the doors for war. Presented as
the culprit for not reaching an agreement on that occasion, Yugoslavia was left at the
disposal of NATO and isolated from Russia, its old ally.

NATO began a series of air raids against Yugoslav targets in Serbia, Montenegro, and
the province of Kosovo. The bombardments caused hundreds of deaths between
Kosovars and Serbs. NATO attacks destroyed hundreds of civilian buildings, schools,
and hospitals. The violence unleashed between Serb and Kosovar civilians has
intensified since the beginning of the shelling.

3.4.4 Judgment on war

James Petras (American sociologist) and Steve Vieux, argue that the economic policy
measures that the West - through the World Bank and the IMF - promoted in Yugoslavia
during the 1980s, together with the stimulus that the United States and Europe gave to
the internal and territorial conflicts, contributed to creating the favorable conditions
that triggered the bloody inter-ethnic war in the 1990s.

The war in the former Yugoslavia represented a challenge to the security alliances and
the consolidation of the so-called "new world order". The central concern of the United
States was to guarantee the continuity of its "leadership" in Europe through NATO. The

3
The Contact Group convened peace talks that began to be held in the French town of Rambouillet
on February 6, 1999, but ended on the 23rd of that month without reaching an agreement.
Negotiations resumed from March 15 to 19 in Paris and ended without a pact between the two
sides, although the Kosovar Albanians signed a peace agreement, without the Serb signature,
according to which Kosovo would enjoy a wide autonomy and would see the deployment of multinational forces on

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The achievement of this objective meant that Europe could not resolve the conflict in the
Balkans, which would have allowed it to come closer to the old French idea of having a
European security system independent from the USA, and to the German dream of
reaffirming its economic supremacy in the old continent.

The United States did everything possible to undermine any agreement that excluded its
"leadership", and all it achieved was the prolongation of the war and inter-ethnic atrocities
in the former Yugoslavia. Multinational corporations and US commerce have flourished
under the umbrella of politico-military hegemony. The main arena for trade and investment
is Western Europe; it is also a strategic ally to sustain the capitalist world economy.
Continuing with Petras' opinion, the original security premises on which NATO rested were
questioned after the end of the Cold War, the victory of the West and the collapse of the
communist regimes. Consequently, a central piece of the "informal" empire structure was
severely weakened. Then began the search for a justification for NATO to continue in force.

On the other hand, the rivalry between bureaucratic elites that redirected their discourse
towards nationalism to project themselves as "saviors" of the ethnic group and perpetuate
themselves in power, deepened the confrontations. The homogeneous Nation-State is
mythologized, an objective to which any other demand must be subordinated.

3.5 The Kosovo Tragedy

3.5.1 Outbreak of the riots

Since 1974 the Albanian separatist movement in Kosovo intensified. As a consequence of


the outbreaks of riots (1971) in that autonomous province, many Serbs and Montenegrins
left the region. Between the years of 1981 and 1990, riots broke out in Kosovo, initiated by
university students and seconded by Albanian workers and soldiers who revived the
demand for the transformation of Kosovo into a republic.
Kosovo Serb and Montenegrin emigrants formed a committee, which organized massive
protest actions, joined by retired policemen, right-wing nationalist intellectuals, disillusioned
communists and Orthodox Church fundamentalists.

The crisis escalated when the Serbian president stripped Kosovo of its autonomous status.
Kosovo had a statute of autonomy from 1946 to 1989. Ethnic antagonisms began to break
Yugoslavia, and street violence escalated to armed confrontations. In 1990 Kosovo
proclaimed itself an independent province and Belgrade dissolved the assembly and the
government of that province.

In 1992, an assembly convened by Albanian nationalist leaders based in that province,


proclaimed the foundation of the Republic of Kosovo. Serbia does not recognize the
parliament or the provincial government. The following year the Kosovo Liberation Army
was created and Serbia acted vigorously against nationalist groups.

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3.5.2 Resumption of conflicts and NATO intervention

In 1997, clashes between the federal army and the population of Kosovo escalated.
A referendum was organized in Serbia, on the need or not for foreign mediation in
the conflict, said mediation being rejected by 75% of the voters. After eleven weeks
(06/11/99), the bombardments stopped, when the withdrawal of the Yugoslav troops
from Kosovo was verified. NATO acted militarily without a political mandate that
should emanate from the UN Security Council.

The Kosovar Albanian delegates accept the terms of autonomies proposed by the
West, which will place Yugoslav troops and police in Kosovo under the supervision
of a NATO-led military force. Yugoslavia agrees to grant local autonomy, but refuses
to allow a foreign army to be deployed on its soil. There is a close relationship
between the conditions necessary to keep the peace process in Bosnia alive and
those necessary for stability in Kosovo.

NATO and Serbia reached a peace agreement, as a result of which the US declared
itself victorious, successfully concluding "a ten-week effort to force Mr. Milosevic
to surrender."

In Pristina, the capital of Kosovo, Vieira de Mello assumed the functions of UN Civil
Administrator, to exercise government functions during the transition period. This
province has already officially settled its conflict and is on the path to rehabilitate
itself, but since 1999 the future of Kosovo has been ambiguous and far from stable.

3.5.3 Opinion on the conflict

Noam Chomsky analyzes the scope of the conflict and the Peace agreement, in the
following terms: In June 1999, NATO and Serbia reached a peace agreement. The
US declared itself the winner.

The bombings were presented from the beginning as a matter of paramount


importance, proof of a "new humanism", in which the "enlightened states" would
usher in a new epoch in human history, led by "a new internationalism in the that
the brutal repression of entire ethnic groups will no longer be tolerated" (Tony
Blair). The enlightened states are the United States and its British partner and
perhaps also others who enlist in their crusades for justice, Chomsky clarifies.

Thomas Friedman explained in the New York Times that "Kosovo's problem has
been, from the beginning, how we should react when bad things happen in
unimportant places." He then proceeded to praise enlightened states for insisting
on the moral principle that "once the refugee evictions began, ignoring Kosovo
would have been a mistake (...) furthermore, using a huge air war to attack a limited
goal was the only thing that made sense."

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In Chomsky's view, such concern over "refugee evictions" was less of a problem,
because they could not have been the reason for the "huge air war." It is indisputable
that the "air war" precipitated a radical increase in ethnic cleansing and other atrocities;
a fact that has been proven by the journalists who were in Kosovo and is registered in
the retrospective analyzes in the press. This situation is also reflected in the most
important documents that purported to justify the bombings as a reaction to the human
crisis in Kosovo.

Robert Hayden summarized the effects of the "huge air war" as follows: "Serb civilian
casualties in the first three months of war are higher than all casualties on both sides
in Kosovo during the three months that led to this war, and yet those three months
were supposed to have been a human catastrophe." For our part, we add that in Kosovo
relations between Albanians and Serbs are not based on tolerance and mutual respect,
they are related to ethnic hatred and growing fear, something similar to what happens
in Bolivia.

Second part
Exploring Solutions: Decentralization through the
Regional Autonomies
This part of the document tries to specify the concepts related to the organization of
the State and the forms of government, pointing out that from the point of view of the
form of the State, there are two types of regimes: the unitary State and the federal State.
Regarding the organization of the government, there are 4 forms: Concentrated,
decentralized,
decentralized and regional-autonomous.

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Deconcentration is the way in which the centralized administration provides services or


develops actions in different regions of the country through its own bodies. Its purpose is
twofold: to bring the provision of services closer to the user's place or address, with savings
for the latter, and to decongest the central authority.

Decentralization -for its part- is the form of administrative organization that consists of
entrusting the performance of some activities to entities that have a relationship with the
central administration that is not that of hierarchy. Therefore: "the only character that can be
pointed out as fundamental of the decentralization regime is that the officials and employees
that make it up enjoy organic autonomy and are not subject to hierarchical powers."

There are basically two types of decentralization models. They are:

a) The neoliberal project


and b) The democratizing decentralization project, which is suggested for adoption in
this work.

This type of project places emphasis on the political axis of decentralization in those aspects
that mean a deepening of democratic practice, by promoting effective participation of social
actors in the management of regional affairs. It seeks to broadly promote the participation of
citizens in the discussion and resolution of sectoral and regional problems, increasing
technical knowledge, private interest and attending to the needs of citizens. This approach
is applied in the formulation of our proposal.

1. What is Regional Autonomy?

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Region evokes a certain geographical area, peripheral or distant from the national
decision-making center and delimited in itself. Regionalization is considered as an
element of economic progress in which the regions bear witness to diversity and
contribute to the enrichment of their culture, their economic prosperity and respect
for their traditions and history.

Regional Autonomy is understood as the growing capacity for regional political


self-management, identification of the population with its region and the capacity
to appropriate the economic surplus generated in it.

1.1 Types of Autonomies

There are two main types of autonomous regimes:

a) Territorial autonomies (regional or departmental, or provincial) b)


Cultural autonomies (ethnic, religious, linguistic)

Among the first we can mention the Spanish and Italian, in which the model we
propose is inscribed;

Regarding the second (cultural), although they are rare, we can mention the
Belgian model, called federal, but it is considered a mixed territorial and linguistic
autonomy.

2. Experiences of Decentralization and Regionalized Deconcentration

Next, we will present three models: Spain and Italy correspond to models of
decentralization or regional autonomy, while the Kingdom of Belgium is an
experience worth studying because it is a 'sui generis' federal system.

2.1 The experience of autonomy in Spain

Since 1978 Spain has undergone an intense process of political decentralization


that has had the Autonomous Communities as protagonists. This sphere of
government has meant that the new autonomous governments enjoy broad
powers. On the contrary, municipal governments, instead of having become the
second link in decentralization, have lagged behind.

The Autonomous Communities are territorial political entities endowed with self-
government, which constitute the main autonomous administrative divisions of
the Spanish State. The Spanish Constitution, even when it proclaims the
indissoluble unity of the nation, recognizes and guarantees the right to autonomy
of the nationalities and regions that comprise it. On this right, the communities
have agreed to their self-government, becoming autonomous entities subject to their statutes of

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Spain opted for a unitary state with extensive regional autonomy. Said formula was called
the Integral State and represents the happy medium between the unitary and federalist
conceptions.

2.2 The regionalizing experience in Italy

The rule that provides for the formation of regional governments in Italy is contained in
the 1948 Constitution, but this rule was not applied for more than 20 years, until its
reformulation in 1970. The introduction of regional governments had its importance in the
functioning of the regions, and its design turned out to be different from that of the central
government and that of the municipal governments. In this regard, the idea of region was
inspired by the order of the Second Spanish Republic in which it received a first and
suggestive performance''. The Italians have perfected the model, introducing elements
that can bring the unitary model closer to the federal one. This territorial model underwent
profound modifications in October 1997, with the approval of the constitutional law on
"federalism."

Change in complex organizations, such as public administrations, is not achieved solely


through laws and regulations, since there are aspects that have a considerable impact on
it, such as: organizational culture, technology or the type of relationship established with
the citizens and service users.

With the approval of the reforms in Italy, a phase of great transformations has entered. In
the nineties, legislative measures aimed at modernization, the recovery of efficiency and
the improvement of services to citizens have been introduced, aspects that have been
achieved by the Italian reform. The modification of the Constitution introduces the new
concept of differentiated regionalism, which means the possibility or authority that the
regions have to "negotiate" with the State forms and particular conditions of autonomy.

2.3 Belgian Autonomy or Federalism

Belgium is a constitutional, representative and hereditary monarchy. In response to the


tensions between the Flemish and French-speaking areas of Belgium, reforms since 1970
have tended towards the formation of a federal state. The last revision made to the Belgian
Constitution took place in 1993, in which the majority of the essential governmental powers
are distributed in the three regions: Flanders, Wallonia and Brussels.

2.3.1 Executive power


Executive power is vested in the monarchy, which appoints the prime minister, ministers,
and judges. The monarch has the power to declare war and sign treaties, with the prior
approval of Parliament. Among the constitutional rights of the monarchy are to convene
and dissolve Parliament, confer titles of nobility and grant pardons. To the extent that
ministers are accountable to Parliament, the monarchy must choose a cabinet that
represents the parliamentary majority. Cabinets are generally multi-party coalitions.

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2.3.2 Legislative power

The Belgian Parliament, called the Federal Chambers, comprises the Senate and the House of
Representatives. The Senate consists of 71 members, elected both directly and indirectly, for a
period of four years. The number of direct elections is equivalent to half the number of seats in
the Chamber of Deputies; the rest are elected by the Senate and the provincial councils. The
House of Representatives, with 150 members, is elected by direct universal suffrage.

2.3.3 Regions and communities

"The Belgian model" is a particular form of federalism. This is a surprising fact that has
completed its 25 years of application. Belgium was a state with a centralized administration for
the first 150 years. The beginning of the federal organization of Belgium is located in 1970 and
not on the official date: 1980, since in 1970, all the national political parties were divided into
two parts, one Dutch-speaking and the other French-speaking. Parties have always been
dominant political actors in Belgian political spheres. The federal organization of the country
began more or less at that time.

Thus, with the first constitutional review, Belgium was divided into three communities

- French-
speaking, - Dutch-
speaking and - German-speaking

and in three regions

- the region of Wallonia,


- Flanders and - Brussels.

Each had its own territory and its own powers. In 1980, in the second constitutional revision,
the federal character of the country was clearly recognized. It is not a text federalism, which is
why it sometimes causes some annoyance to the Belgians. It is different and complex. But it
suits them. What's more, it's made especially for them, it's tailor-made. The adoption of
federalism was not the solution to all the problems in Belgium. Federalism—and its constant
adjustment—is a method of preventing and resolving conflicts in Belgium. It is not a permanent
situation, it is a movement. “It is a constant search”, affirmed the Belgian Prime Minister. For
this reason, the motto is "Transforming diversity into harmony". Whenever there are
disagreements on policy at the federal level, the issue gradually shifts to communities or
regions.

2.3.4 Process that was done step by step.

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Federalism in Belgium was not established overnight. In addition to the four constitutional
amendments (1970, 1980, 1988 and 1993), between each one of them, and through
numerous special laws, the powers of the entities and the rules of the game have been
modified. There never was a master plan for the introduction of federalism. It was a
gradual process. Step by step, solutions to the problems were found and in the end - the
Belgians say - we realized that what we had was federalism.

The 3 linguistic groups practically coincide, although not completely, with the
geographical regions, which have a totally different economic development. In addition,
the capital is bilingual and is located in a different linguistic area than the language that
predominates in it. This situation requires tailor-made solutions. Orthodox authors find it
difficult to describe the Belgian state as federal or confederate. Prime Minister Guy
Verhofstadt is convinced that however unique and “non-transferable” this model may be,
other countries can learn from it: “Managing cultural diversity is one of the most
important challenges today. The protection of freedom and cultural diversity has become
a global issue. Examples of this can be seen daily in the newspaper headlines: Iraq,
Sudan, the Balkans, Northern Ireland, Afghanistan, among many others.

Conflicts over cultural identity can quickly become one of the greatest causes of
instability, both within and between nations.” “In this world we can learn from each other,
because it is at the crossroads of different cultures, Belgium has a long history of
dialogue between communities.

3. The Deceptive Decentralization Process in Bolivia

1. Characteristics of the Decentralization Process in Bolivia.

The model we propose is for Bolivia. Therefore, we succinctly expose the decentralization
process experienced in the country. For better understanding and for analytical purposes,
we divided it into two stages:

1.1 The First Stage: Civic struggles for decentralization

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Since the 1950s, decentralization has been one of the central themes of the demands of
civil society, which is united around civic movements, questioning the inability of the
political system to represent the desires of citizens. The concept of decentralization that
arises during this first stage in Bolivia is more administrative than political, and the central
claim is total control of the management of departmental resources by technical
mechanisms. Civic entities had advanced as actors, in their prominence and departmental
and national presence, but the same did not happen with political parties. The closer the
approval of a bill on decentralization was, the more reluctant they became in resolving the
issues pending consensus, finally postponing its approval until the next administration.

1.2 Second stage of the decentralization process

Since 1994 Bolivia has undergone structural transformations through the enactment of
laws that have decentralized political power; they have assigned more resources and
greater decision-making capacity to autonomous local governments (municipal mayors'
offices); they have created favorable conditions for a growing social participation in public
management; and have redefined and clarified the roles of public institutions at all levels.
The promulgation of the Popular Participation laws in 1994 and the so-called Administrative
Decentralization Law in 1995 are the main legal instruments that are closely related to the
subject.

The LPP produced the following results: reorganization of the State, promotion of
decentralization of public management at the local level, openness to social participation,
and expansion of democracy. The LPP began a process of fiscal decentralization, and
turned the municipality into the most important instance of public management. With this
Law, decentralization began through the municipal route, despite the fact that the debate
on the subject since the early 1980s had focused its attention only on the sub-national or
departmental level without having contemplated the possibility of doing so through the municipalities.

2 The so-called Law of Administrative Decentralization

The decentralization started at the municipal level with the LPP, tried to move towards the
departmental level with the promulgation of the Administrative Decentralization Law
(LDA), but in practice what it did was decentralize functions of the Executive Branch in
subordinate bodies of its dependency. and as has been seen, decentralization reinforces
state centralism.

The most relevant aspects of the LDA are the following: Regulates the Decentralization
Regime (deconcentration, according to the definition adopted in this paper)
Administrative Power of the Executive Power at the departmental level, which consists of
the transfer and delegation of non-privative technical-administrative powers of the National
Executive Power. Establishes the organizational structure of the Executive Branch at the Departmental lev

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constituted by the Prefect of the Department, an authority appointed discretionally by


the President of the Republic.

In the Bolivian process there was an apparent political will to decentralize, which is
expressed in the transfer of tax co-participation resources to all the municipalities of
the country and in the ratified power in favor of the Municipal Governments to prioritize
investments and allocate resources to finance them.

3. Main features of the Bolivian process

The Bolivian decentralization process is not outside the great trends towards state
decentralization, the growing local role and the globalization of the economy, but with
its own characteristics.

In our country, the decentralization of local instances creates favorable conditions for
the concerted formulation of public policies and to make management more efficient.
Decentralization via the municipality initiated by the Popular Participation Law also has
the implicit role of building the State in most of the municipalities where it did not exist.
For this reason, decentralization not only implies redesigning the State and its
institutions, but also starting its construction at the meso level, since progress in
decentralization towards sub-national or intermediate level governments is not related
to the progress achieved in the opening of local governments.

3.1 Financial mechanisms

The greatest impact of the reforms has fallen on the financial and technical-administrative
mechanisms, benefiting from the greatest advantages, especially with regard to the
implementation of social infrastructure works. The funds earmarked for investment
come through co-participation and are proportional to the size of the population and the
latter depend on the programming and management capacity of the municipality, which
must execute projects in the field of social infrastructure.

The central theme of the municipalities is financing. To this end, resources from the
central government are channeled, around which there is a large gap between demand
for social infrastructure and financing. Although this issue has always existed, now it is
more visible and perceived by the population as an injustice in the distribution of resources.

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Third part
Proposal: A National Model of Regional Autonomies

1. The Solution we propose

1.1 Justification of the Autonomy Model

A democratizing autonomous process has great advantages for the citizens and for the country in the
political, economic, social and cultural spheres. This process - however - will not materialize as long as
opposing forces prevail and the centralist mentality of national political parties subsists. In this sense,
decision-making spaces must be expanded at the regional and community levels and, in turn, strengthen
civil society, enabling the creation of suitable social and political organizations.

Regional autonomies improve the management of social conflicts, since dispersing power helps
democratic stability, to the extent that under a regional scheme, government and opposition do not bleed
to death in the struggle for central power. The decentralization of power supposes a sharing of
responsibilities whose most important effect is: to avoid polarization and dilute excess conflict. Political
parties learn to coexist and govern from different spaces and with greater plurality.

The absence of coordination mechanisms between the central, regional and provincial levels - as is the
case now - makes it impossible to apply effective work networks, which translates into inadequate and/
or insufficient coordination with the central level and therefore determines the lack of information with
quality and opportunity.

Our proposal does not seek to weaken the state presence or state power, nor to eliminate their roles, but
rather to build a modern and democratic, flexible and participatory State, where the power to define
policies and the mobilization of resources is not the attribute of a ruling elite that from the center acts
unsuccessfully with the aim of stimulating development in all territories. Nor does it threaten national
unity, but the

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reinforces. This proposal is consistent with the objectives and principles of the Bolivian
Strategy to Fight Poverty.

1.2 The 3 Levels of Government

Taking into account the need for there to be three levels of government in Bolivia,
namely: a) the national level, b) the sub-national or intermediate level (departmental
governments) or meso-government and c) local (municipal) governments; and
given that municipal governments are decentralized, enjoy management autonomy
and have their own resources and patrimony, the constitution of intermediate
level governments remains a concern, towards which our proposal is directed
and consists of decentralization through of the formation of regional autonomies.

Nacional level
Meso Government (Regional)
Local or Municipal Government

2. Objectives of Regionalization
2.1 Objectives of the Model

Within the previous discussions it should be established that the decentralization of


powers and attributions is not an end in itself. It seeks to improve the living conditions
of the inhabitants, through a better provision of services to the population. Likewise, it
is accepted that the decentralized administration of public services and goods is the
most appropriate way to achieve this objective.

In order for the proposed competencies assignment model to respond to this basic
concept, the following objectives are proposed:

1) Institute self-government in the 9 departments, introducing a self-management


system, which allows citizens to manage their own problems and meet their
needs in a better way. This objective is based on the principle of subsidiarity
that is explained further on.
2) Strengthen the democratic system and national unity;
3) Increase social participation 4) Better alleviate
poverty indicators and create greater sources of income
work and income.

2.2 Regional Development Objectives

The objectives of regional development can be summarized in the following points:

• Economic growth, which involves the sustained increase in the production of


regional goods and services,

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• Sustainability, permanence and continuity of the increase in the regional productive


capacity,
• Social inclusion, understood as equity in the distribution of the fruits of development
and regional economic, social and political participation, in all territorial areas of
the region, • Improvement of the quality of life, referring to the improvement of
human settlements, to improve the quality of the services provided to the population,
and • Protection of the environment, preserving the natural environment, and taking
care of the exploitation of renewable resources and the environmental impacts of
productive activity.

Regional development strategies and planning mechanisms should serve as means of


greater potential and dynamism to promote the development of public and private actors
involved in the objectives of regional development and decentralization. In short, the
strategic mission of the state is to enable progress at the territorial level in the construction
and political and social consolidation of the regions.

3. Pillars or foundations of the Decentralization Model

The two twin pillars on which the model would be based would be: self-government and
shared government, expressed in the following elements: • Transfer of functions to the
regions and reform of the State • Financial and fiscal decentralization • Establishment
of effective social control mechanisms • Efficiency of Management and Results

4. Principles on which the Model must be based

a) The principle of subsidiarity, allowing decisions to be made as close to the citizen.

b) The principle of efficiency and economy, including the suppression of functions and
tasks that have become superfluous;
c) the principle of differentiation in the assignment of functions in response to the different
characteristics, including associative, demographic, territorial and structural characteristics
of the receiving entities, which the legislator must consider when assigning these functions
in favor of the entities. This principle makes it possible to implement the autonomies in a
different way. First in those departments that so wish, leaving the doors open for others to
join.
5. Constituent instruments of the Model: Own statutes

The Statutes will be the basic institutional norm of each Autonomous Department and the
State will recognize and protect them as an integral part of its legal system.

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The Statutes of autonomy must contain: a) The delimitation of its territory. b) The name,
organization and headquarters of its own autonomous institutions. c) The powers
assumed within the framework established in the Constitution and the bases for the
transfer of the services corresponding to them.

6. Powers and attributions

Finally, it is necessary to refer to the need to transfer powers and powers, from the
central State to the departments.

It should be noted that the attributions are different for each level of government. For
the application of the proposed model, we suggest the following categories of
attributions: 1) policies 2) control 3) planning 4) financing 5) operation.

7. Financial and fiscal decentralization

A true political decentralization must also ensure an economic, financial and fiscal
decentralization, so that the autonomous governments can count on financial resources
to make it possible to fulfill their new powers and achieve autonomous development.
The departments must have the capacity to generate their resources and create or
collect taxes. They must also have autonomy in spending.

8. Establishment of effective control mechanisms

A democratically generated political power that did not have control of the resources
would generate serious conflicts and make the reform incomplete. It is essential that
the regions gradually obtain their own funds, coming from tax participation, to the same
extent that they are endowed with new powers

In order to achieve the objectives outlined by the model and implement it successfully,
it is necessary to provide it with other equally important pillars such as those mentioned. They are:

• Adequate structuring of the administrative organization of the bodies of


management;

• Provision of trained human resources, prioritizing technical training


professional and experience, rather than political merits.
• Transparency of management, eradicating
corruption • Application of criteria of effectiveness and efficiency in the allocation
of resources, through the departmental council.

9. Financing of autonomous governments

The regions must be endowed with their own assets, their own income and indebtedness
capacity, in order to be subject to credit before financing agencies. Income must obey
the constitutional mandate in terms of its classification into: national, departmental and
municipal.

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By means of an express law, the form of tax distribution, the percentages that correspond to
each level of government, and regulating the autonomy of spending management must be established.

Box No. 3
Principles and Instruments of the Poverty Reduction Strategy

• Long-term sustainable principles:

– Citizen Participation in the design of poverty reduction policies –


Decentralization of services to bring them closer to the citizen (Regional or Departmental Autonomies)
– Equity and Progressivity in the allocation of resources (more resources for the poorest)
– Social control by the beneficiaries and civil society to ensure effectiveness and impact -
Institutional strengthening at all levels of administration, improving efficiency and eliminating bureaucracy.
(Source: Bolivian Strategy to Fight Poverty)

It is possible to appreciate the similarity and in many cases the coincidence between the objectives
advocated by the Poverty Reduction Strategy, approved by law, and the objectives of the Autonomy
Model proposed here.

EXHIBIT

4
The Eleven Tasks of Santa Cruz [ ]

We have proposed a new civic


struggle, analogous to that of the
eleven per cent royalties
the
for hydrocarbon producers;
departments this
time it is up to us to fight for
eleven tasks.

The first task is to


reconquer our Freedom.
Guarantee the freedom,
property and rights of

people and institutions.


The second task is to prepare ourselves for Self-Management. Plan the organization of
Autonomous Departmental Governments, with broad social participation. We have
decided to begin the task of the Refoundation of the country by proposing a
Referendum on Autonomies.
The third task is Solidarity Support. We have the right and the duty to jointly support
all regions in the construction of the new Bolivia.

4
] Agenda approved in the first Cabildo of the XXI Century, June 22, 2004

Four. Five
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The challenge of Unity constitutes our fourth task. It is an imperative to unite


citizens through Civil Society and the State. It is necessary to give consistency to
a new State, more participatory, more linked to the basic needs of its inhabitants,
fairer, more inclusive.
The fifth task is that of Work: promoting production, employment, trade and all
economic activity that generates work.
The sixth task is for the Organization. We have to organize mechanisms to reduce
poverty and achieve the goals of the present millennium.
Our seventh task, which is with Nature: managing the environment and natural
resources in a sustainable manner.
The eighth has to do with the Cultural Theme, the Identity of the Peoples and the
situation of the Originals. We must ensure the right to identity, culture and diversity
of peoples.
The ninth task is that of Modernization: planning the future with a view to the
Continent and the world.
Integration is the tenth task: developing the Integration Infrastructure towards the
interior and exterior.
The eleventh is Youth Action: entrusting the execution of the present tasks to the
emerging youth leadership.

This is our agenda, we have to work according to it. The community of Santa Cruz
approved it in the massive meeting that has been proclaimed as the first Santa Cruz
council of the twenty-first century.

Santa Cruz de la Sierra, June 2004

Agr. Rubén Costas Aguilera


President of the Pro Santa Cruz Committee

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