The Government of Javier Milei gave up of an appeal before the Court of the administration of Alberto Fernández and Cristina Kirchner against the reform of the Constitution that the radical former governor Gerardo Morales had promoted. The appeal asked to declare the changes in the provincial magna charge unconstitutional. He did so in a letter sent to the highest court.
In this way, once the Court formally accepts the dismissal The reform of the Jujuy Constitution will be validated that Kirchnerism and the left had contested and last year caused a series of serious incidents in the province.
The incidents began last June, while Jujuy legislators were in session, chaired by Morales, and a group of hooded people. They vandalized the public building, tried to enter through some windows and caused a fire within legislative offices. In addition, they turned two vehicles over, set another car on fire and continued with an incessant shower of stones against the security personnel. After with the consent of the government of Alberto Fernández and Cristina Kirchner They kept Jujuy’s main routes closed for weeks.
Due to the incidents there were, at least, 58 arrested and 70 injured, of which one protester was in delicate condition. Of the total injured, 42 are police officers, reported the Government.
After the incidents, the then Minister of Justice and K leader, Martín Soria, presented a brief before the Supreme Court of Justice of the Nation to ask that the unconstitutionality of the reform of the Constitution of Jujuy be declared.
As a precedent to the withdrawal, the Court had already declared itself incompetent in two cases involving the constitutional reform of the province of Jujuy, considering that do not correspond to the topics of their original competence. In one of the cases, organizations such as the Center for Legal and Social Studies (CELS), which was then directed by journalist K Horacio Verbitsky, and Abogados del Noroeste Argentino en Derechos Humanos (Andhes), promoted an action for protection so that it would not be applied. article 67, paragraph 4, of the provincial Constitution reformed during Morales’ administration.
Kirchnerism wanted the Court to sign a declaratory action to declare some articles of the text sanctioned by the Jujuy Constituent Convention as unconstitutional, considering that “violate the rights and guarantees established in the National Constitution, in the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights and international treaties that make up the constitutional block together with the Magna Carta; as well as with ILO Convention 169″.
On his Twitter account, Soria pointed out that “Horacio Rodríguez Larreta’s candidate for vice president, Gerardo Morales, intends to campaign taking the rights of the people of Jujuy, as he demonstrated with the brutal repression with which he launched the reform and with the arbitrary measures taken against Milagro Sala”.
The K Government raised the “institutional gravity” generated by the partial reform of the Constitution of Jujuy, since “the institutional order of the republic and the democratic system, as well as the values that support it, are at stake.”
The presentation highlights that international human rights organizations, “with which the Argentine Republic has assumed commitments, have already expressed themselves about the constitutional reform of the province of Jujuy and about the very serious repressive events that occurred after its promulgation.”
The government lawsuit states that “subsection 4 of article 67 of the Jujuy Constitution contains prohibitions incompatible with our National Constitution and with the Inter-American Human Rights System,” indicating that said subsection lays the foundations for the sanction of a repressive regulation – by the government of the day – that limit the rights of assembly, protest and strike, enshrined in article 14 bis of the National Constitution. However, none of this was established by the constitutional text approved in Jujuy, Morales explained.
The brief presented to the Court also requested that the unconstitutionality and unconventionality of articles 94 and 95 of the new Jujuy Magna Carta be declared, considering that during the reform procedure of the provincial Constitution “due consultation with the interested indigenous peoples was omitted, in relation to various issues that directly affect them”.
“The articles referring to the water and public land regime should have been the subject of consultation, since they are directly linked to the territory and do not contemplate the traditional use of indigenous communities,” stated the government’s demand, and maintained that “the “The State must take into account the special importance that indigenous peoples have in their relationship with the territories and with the natural resources that exist there.”
In addition, two national K senators presented a bill that proposes to declare “federal intervention in the province of Jujuy in its Judicial Branch” to “guarantee the republican form of government” and “avoid incurring international responsibility of the Argentine State.”
The initiative bears the signatures of legislators Guillermo Snopek, who is the brother of Morales’ wife, and Juliana Di Tullio.
