19.4.1.
pernicious presidential decision
Beyond the directors of the RCM in due time "gave" the business to generate electricity through the reservoir of Poza Honda and La Esperanza Manageneración the company that was formed for the purpose, as the leading contributor: The Manufacturing, retained 99.97% of the shares and the only CRM 0.03%, however, that brought the state agency with about $ 500 billion in assets (infrastructure) and the former, a declared investment of $ 12.3 million, there were claims that.
vainly attempted to "cancel" the contract: a) The Comptroller; b) The "Front Anti Manageneración"; c) Former Assemblyman Felix Alcívar which processed a mandate in the Constituent Assembly. The prevailing view of the validity of the "legal certainty."
But it happens that, over the 3 failed attempts before having scored away from investigations and sanctions of the case for the harm It occurs in 40.7% by low flows in the water pipe by Brazilian construction company Odebrecht in the Carrizal-Chone project, with the complicity of the directors of the Corporation for Water Resource Management (CRM), arguing Correa He senses a "poor handling" of electrical systems and built in reservoirs transfers of La Esperanza and Poza Honda, without consultation, by Executive Order # 69 ordered the seizure Manageneración of goods, however, that in the previous Decree N. 40 which in Article 4 provides that the obligations under contracts concluded by the MCA shall be borne by Senagua, so that would be respected, peremptorily, the contract with Manageneración.
The executive, supported by decisions of the Ministry of Environment and Senagua Conelec with Decree # 69 (Section 3) for "poor handling" of dams and diversions imposed "requisition" (seizure) of property and infrastructure Manageneración .
This government decision was given, beyond the May 13, 2008 the Ministry of Environment with license revoked Resolution 132 Environmental Manageneración SA company for "failing to submit semiannual reports, not to protect the environment, breaking the implementation of an environmental audit," among others. This led to the National Electrification (CONELEC) on 6 May, to notify Manageneración SA provisional suspension of hydroelectric Poza Honda and La Esperanza to submit the environmental permit and has the concession for the use and water use for power generation provided by the National Secretariat for Water (SENAGUA). However
July 22, 2008 was authorized to resume its activities and then, paradoxically, October 22 that year, the MAE has suspended all procedures and administrative processes related to the operation and environmental licenses for power generation activities in both systems, and asked the company to produce the evidence to not damage the ecosystem to Chone Estuary funding through an "Environmental Diagnosis of the Chone river basins and Portoviejo.
Thus, the consultant hired Manageneración ECOBIOTEC Ecuador, a specialist in sustainable development and environmental studies and by terms of reference issued by the Foreign Ministry held a job three months to diagnose the current state of environmental quality in the area of influence in particular hydropower plant La Esperanza, in the Carrizal River - Chone, and the definition of the causes and actors involved in environmental issues.
For his part, President Correa, thinking it does well, last September 29, 2009 signed a decree which authorized the SENAGUA, National Technical Secretariat of Risk Management and the new Undersecretary of Water Demarcation Manabi to exercise the control, management, regulation and management of reservoirs and dams Poza Honda and La Esperanza and the adoption of preventive measures to address potential risks, then to declare state of emergency due to the "progressive decrease in efficiency" produced by the company Manageneración SA
19.4.2. Fundamentals of the requisition
In this process, the National Secretary for Water, said Jorge Jurado (http://www.senagua.gov.ec) that these reservoirs were not designed to serve power generation, but to ensure sufficiency of water for human consumption, irrigation and flood control in the region seasonally. Therefore described as irresponsible actions implemented in 2003 by the current government (Lucio Gutierrez), under agreements that allowed the storage and indiscriminate use large volumes of water for private purposes.
The signing of this decree is the "recovery of the sovereignty of the water" in Manabi, said Secretary of State, after six years of ignoring the intrinsic value of action, tried in the present Constitution of the Republic as a heritage any and all Ecuadorians, inalienable human right.
Since the infrastructure is managed without sufficient technical and exposing the best of their ability to generate energy, SENAGUA initiate a technical audit to understand the consequences of such misuse and if necessary undertake immediate legal action against the administration appropriate, therefore, is the intention of Government to recover the operational capacity of the reservoirs Poza Honda and La Esperanza, to meet the objectives for which they were created, thereby preventing risks and incalculable harm would the population.
For its part, the president emphasized the action that the Government plays in the province of Manabi, in the context of institutional recovery seeks to end the privatization and monopolization of public goods.
Finally, for your link on Saturday October 3, 2009 President Correa (El Universo, October 5, 2009) described as "robbery" management agreement Manageneración. "Reversing this robbery and the reservoirs are in state hands, and back again to make use of irrigation for farmers and any extra water to work will small hydro."
The system will perform a technical audit to check the condition of the dam and make judgments against "this robbery was done at the country," said
19.4.3. contractual abuse
The cancellation of the contract between the Manufacturing and CRM Manageneración formed, came after six years in the private firm that built the two plants to generate energy and thereby help solve the electricity shortage in the province.
Hugo Almeida, manager of Manageneración (El Universo, October 5, 2009) estimated that the Manufacturing has invested USD 18 million in the construction of two hydroelectric plants, and also reminded President Correa Manageneración assumed the administration and costs maintenance of the dam La Esperanza to the allocation of $ 1.5 million annually since 2005. "The state has had a savings of $ 6 million in these years," said Almeida.
Manageneración hired 45 people to handle the administration and maintenance two dams and diversions.
Victor Loayza, a lawyer for the Manufacturing, told The Universe, that the contract signed with the government of former president Lucio Gutiérrez provided guarantees in the event that the CRM would terminate the agreement.
Loayza, said he will demand compensation from the State, as Manageneración emerged from a public competition held by the MCA to take up water from reservoirs.
worth noting that after the Ministry of the Environment withdrew Manageneración ambient operating license in October 2008, claiming the new rules of environmental licenses, Manageneración to comply with new rules "revolutionary" assumed the cost of environmental studies conducted by the firm Ecobiotec, independent consultant supported by the Ministry of Environment, which demonstrated that the central mini did not affect the environment. But without any formal explanation, no license was restored Manageneración operation. Months passed ... until President Correa ordered the requisition of the assets of the company.
19.4.4.
demand compensation for Manageneración
Managers, however, have been refuting the wiles of the decision by President Correa and put forward their claims for promotion to be compensated in accordance with the law
This, As the obligations (No. 9) of the contractual relationship with Manageneración CRM are those of compensation for legal changes that can affect the contract terms.
Sensing for granted that befall the claims, the company entered manabita raise demand. Yes, they demand $ 18 million investment, consequential damages and lost wages for time operating -45 years missing. The total claim amounts to USD 42 million. But this will join in the settlement, court costs and interest that is caused after it is sent to pay accordingly.
demand arbitration in accordance with terms of the concession contract, which is law for parties, with the order of compensation referred to was presented at the Mediation Center of the Chamber of Commerce executives Manta Manageneración.
And the resolution that some day come to take the said court of arbitration, which no doubt will to defend the "legal certainty" of contracts will constitute double jeopardy, being of a single court. Thus, the State has no right to bring appeals or revisions to any court.
And if the system gives turn delaying the payment of compensation, no doubt the injured will go to international courts (ICSID, IACHR, ...) to claim their rights.
a mess in which we wrapped the president of Ecuador.
19.4.5. To "not take the hair" to the province
For the "new model" for transparent and efficient work, and "not take the hair" to the province, is the emerging role of citizenship under powers granted by Article 95, 96 and 100 of the Constitution, to:
a) Participate, monitor and control Manageneración demands and new recruitment of new bureaucratic entity: Senagua and Secretariat Manabi Water Demarcation (Formerly CRM)
b) Monitor the implementation of "Performance Audit Manual" of the Comptroller and
c) Exercise the Article 11, paragraph 9 of the Constitution, to apply the "right of recourse "against corrupt officials and submissive damage caused or occasioned by the State. The latter group will be involved officials of the current regime.
Link: www.ticsdemanabi.net
0 comments:
Post a Comment