This research was developed in the Department of Cauca, located to
the South West of Colombia, in it settle nine native indigenous groups, among
them the Nasa indigenous community to which reference will be made.
By:
Luz
Mery López Ayala – William Rodríguez Quinayás
Journalists
and researchers
Translated
by: William Rodríguez Quinayás
Colombia,
after being governed 105 years by the Constitution of Nuñez, changed its
Constitution in 1991. This major reform included the recognition of ethnic
diversity in the country.
Article 1
of the Colombia’s constituion defined that "Colombia is a social State of
law, organized as a unitary Republic, decentralized, with autonomy of its
territorial entities, democratic, participatory and pluralist, founded on
respect for human dignity, work and solidarity of the people who make it and
the prevalence of the general interest", and made explicit in Article 7
"the State recognizes and protects the ethnic and cultural of the
Colombian national diversity"; at the same time, the Art 246 of the
Constitution established "authorities of the indigenous peoples may
exercise judicial functions within its territory, in accordance with its own
rules and procedures, provided that they are not contrary to the Constitution
and laws of the Republic." The law shall establish the forms of
coordination of this special jurisdiction with the national judicial system.”
The above
raises that indigenous communities can also pursue, investigate and run
penalties in their territories. The question is what is meant by Justice?, what
about access to justice from the Nasa worldview and of course from the Western
gaze?
Facing
these questions exist a tension between the legitimate and legal, based on the
fact that the ordinary justice is a written culture and the indigenous justice
is an oral tradition; therefore, subtract validity to the indigenous justice
would ignore the struggle for autonomy and the exercise of its Government, something
that the Constitutional Court has said
"maximum autonomy possible and minimizing restrictions", this
does not mean those who represent the
State should ignore their responsibility as officials, assuming an attitude of
indifference to the diverse situations that arise in the indigenous
communities, however, this is not a justification for disrespecting and
ignoring the ways of administering justice from indigenous communities.
It should
be noted that for the special indigenous justice as well as for the ordinary
justice, both perceive different purposes with respect to the value that each
one provide its justice.
The
special indigenous jurisdiction understands justice like the restoration of
harmony and balance of the subject with the environment and the community of
which he is part, this indicates that it is a kind of restorative justice;
While for the national judiciary justice is the faculty that has the State to
regulate the socially incorrect behaviour of the population, unlike the
indigenous jurisdiction, it is punitive or punishing.
On the
other hand, the access to justice from the national judicial system is
understood as the possibility of all people residing in Colombia to be on equal
terms without restriction of caste, gender, or nationality to advocated for the
integrity of the rule of law and the restoration of their rights and legitimate
interests. However, indigenous jurisdiction inferred that access to justice has
to inform traditional authorities about the situation that is generating imbalance
within its environment.
Starting
from these concepts, it will be shown how the regular judicial system and the
special indigenous jurisdiction Nasa have been operating.
Article 246 of the
political Charter proposes the establishment of forms of coordination between
the two judicial systems with the aim of providing support to the indigenous
jurisdiction. In the making of this article in the Constitution of 1991, it was
knew that indigenous people did not have the means to investigate, pursue and
implement penalties. Since cooperation between ordinary justice and indigenous
jurisdiction has been limited only to the provision of detaining indigenous perpetrators
omitting their duty as authority at the service of indigenous people, providing
technical and evidential support for the resolution of the processes carried
out in indigenous territories.
The
reasons given for not providing such assistance are summarized in the following
way: lack of security, work overload, lack of technical resources to get to the
site (there is no vehicle, there is no fuel) and finally the absence of a court
order, that it is the main excuse to avoid accompaniment. The above cannot be a
pretext to disregard the obligations as officials and ignore the relevance of
indigenous authorities, who in turn have shown interest to make available to
ordinary justice the indigenous guard to secure access to the territories.
The
absence of cooperation has raised tension between the two systems where there
is no mutual respect and they do not seem like pairs, but it presents a
vertical relationship in which neither of them wants to be subject to the
other; therefore, this is a drawback to establish an articulation.
Difficulties in the access to the ordinary
justice
Throughout
the 23 years of existence of the current Colombian Constitution, several difficulties
have arisen that have hampered the free access to justice by Nasa women in both
legal systems.
Despite
the fact that indigenous people possess their own jurisdiction, they also have
the option of choose which jurisdiction takes their cases. In the case of
women, if they decided to choose the ordinary justice, they are usually faced
with a series of difficulties presented by the ordinary justice.
Some of
the difficulties included: congestion in the offices, problems of recruitment
of personnel for offices of decongestion, subjectivities of the operators of justice,
lack of knowledge of indigenous jurisdiction, apparent unknowledge of
competencies, and lack of respect for the indigenous jurisdiction.
The
situations referred above are interrelated. First, Colombian’s justice is a
congested justice with lack of sufficient personnel, which has hampered
effective access to justice, denoting that it is not an effective system. In
many cases, the terms expire, the processes are archived and remain unpunished.
In
addition, it must be said that when people access the ordinary justice, they must
confront the subjectivity by operators
of justice; whom depending on their mood sent cases to the Cabildos, something
which should only occured when there is
request, otherwise it must follow its course in the ordinary justice. Currently
many operators of Justice take refuge in what was said by the Superior Council
of the Judiciary "in doubt of competences, it is returned;" however,
that should not be.
In terms
of apparent ignorance of competencies about indigenous jurisdiction, operators
covered in this argument and do not comply fully with their responsibilities,
which calls into question the skill and knowledge of officials working in the
judicial system.
When the
cases are in the ordinary justice, there are another type of impediments that
affect the victim. One of the main factors faced by Nasa women is racism by
officials, who give a derogatory treatment to Indigenous women for their
personal presentation and lack of communication in Spanish. Second, the carrying
out of procedures generally incurred in the re-victimization of women, since
there is not a differential treatment (ethnic, gender). Finally, this is a
centralized justice and many women live in distant places from the specialized
circuit where the case is underway. They cannot moved regularly or pay a lawyer
who can check the status of the case, which many times results in the
expiration of terms, file of processes leading to impunity.
Successes in the ordinary justice
Although
there are flaws in the system, there are also favorable practices within the
judicial system, among them is that the State promotes training in differential
attention (ethnic and gender). There are also environmentally friendly
officials of the rule which comply fully with its obligations without taking
into account social condition, economic, ethnic and gender to provide adequate
care.
Good
practices set precedents for future situations where breaking the rule has
implications for the perpetrator and a restoration of rights for the victim,
leaving a positive message of justice. On the contrary, incurring faults
mentioned above leaves a negative message in which women are helpless and demoralized,
promoting the no denoucing against the violence of which they are victims
Difficulties in the access to indigenous
justice
Since the law 89 of 1890
some guidelines are promulgated regarding the form of administration in
indigenous peoples, but the 1991 Constitution recognized the principle of
ethnic and cultural diversity in Colombia. Since then, this jurisdiction has
been in a process of construction at the time of administering justice; however,
inexperience contrasted with the cultural load has incised so that the access
to justice by women is not equitable and resolutions against such failures does
not satisfy them or repair the victims, but conversely the action is justified
and the victim are punished. This leads to think that it is necessary to
reassess the ways in which processes are evaluted and the revaluation of the
fault will be done according to the level of involvement of the victim.
The foregoing damages
directly the collective because it generates disharmony, due to the fact that
there is disagreement within the community. This situation breaks down and the
message emitted to the environment is that of a permissive justice against some
issues. The reparation is subject to who impart justice, to the level of
importance of who commits the fault, the level of interest and priority of the
failure for the authorities and finally, if it is a man or a woman who informs
the event.
When one speaks of access to
justice by Nasa women there are a number of flaws that discredit and re
victimize them when they have denounced to the authorities that they have been
victims of some form of violence, usually their word is put into question, also
their behavior and from hence is justified why they have been abused, for that
reason they are forced to retract or not report.
In the case of sexual
violence in the Cauca Nasa community, this is restricted to the carnal access
violent, ignoring other factors which from the West are recognized as part of
sexual abuse, so that if there is no material proof that demonstrates it, it is
not recognized as a violation.
Additionally, when they are
attended there is not a differential attention (gender) route and if she is not
satisfied with the resolution given by the authorities, there is not a second
instance where to appeal that decision.
This situation instead of
recognizing them as victims designates them as guilty of the fact, because the
circumstantial factors are most important before the victimizing fact, which
favours impunity to the interior of the indigenous communities
Finally, it can be seen that
there is not a coherence in the speech when for certain topics there is clarity
on the rights, but when they make reference to gender issues become a discourse
of the West, showing what happens to women is not a priority for Nasa
indigenous communities and their authorities and this is evident when not all Cabildos
are joining efforts that tended to protected and trained women. On the other
hand, these areas are seen as a waste of time or as scenarios for gossip or are
associated with the division within the organization rather than for its
strengthening. Therefore, programmes orinted for women lack sufficient
resources to arrive scattered areas, in spite of the request made by the women
of these regions.
Successes in the special indigenous
jurisdiction
It is necessary to
clarify that when one speaks of special indigenous jurisdiction, it does not
speak of a single, but it refers to several justices, since each indigenous group
has their own; each village is divided into cabildos and these have autonomy to
impart justice in each zone, in conclusión, there are multiple ways to provide
it. On the basis of the above it should be noted that within the Nasa community
there are positive practices such as knowledge of its limits as a special
indigenous jurisdiction -for example, when cases are presented with minors that
only the ICBF has authority to resolve - also in the indigenous jurisdiction
does not exist the expiration of terms giving the possibility to resume
processes when these have been suspended by coercion to victims or other
reasons.
In addition, women who have
positioned themselves due to leadership abilities and have gone through
processes of awareness-raising and empowerment as women, they have managed to
exercise justice from a balanced position when administering justice.
Finally, it is find the
woman program – ACIN, which provides spaces for training women in different
aspects such as: awareness of being a woman, its role in the community,
political empowerment, and economic autonomy. On the other hand they have
assistance to women victims, which consists of giving psycho-legal, and
psycho-cultural support. This included giving them assistance since the moment they
report the fact, follow-up to the sanction and the emotional and spiritual
restoration that allow women to return to community life.
What
violence do Nasa women experience in Cauca?
To start the theme of violence against women, it is necessary to clarify
that there are visible and invisible violence. This latest Pierre Bourdieu
referred to when talking about symbolic violence. This violence is indirect and
it is exercised by a dominator towards its dominated, those who are not aware
of such violence against themselves and it could be argued that they are
complicit of the same. It is a social construction that reproduce social roles,
status, gender, social position which through power is legitimized of some over
others through time.
Now, referring to violence that occur within the Nasa community in Cauca
the followings are identified: physical,
sexual, psychological, economic and equity violence, which leads to the
infringement of which from the West is conceived as rights, however, this does
not mean that the perpetrators are only indigenous.
In the Nasa community, the concept of right does not exist, but it is
interpreted as good life, balance and harmony with the rest of the beings that
inhabit the territory. It can also be conceived as a system of obligations and
duties with which the difficulties can be solved.
In that sense, recurring
situations of which Nasa women are victims have shown: infringement to their
sexual and reproductive rights, land rights, right to decent work, right to
free movement, right to life, ethnic right and right to free expression.
It is important to say
that when a woman is a victim of sexual violence and become pregnant, she is
coerced to have the baby. This situation has been backed by the moral discourse
product of evangelization and forgetting the cleansing of the body as an
ancestral practice facing this type of situation.
On the other hand,
taking into account the fundamental role that women have played in the process
of repossessing the land, they have been underestimated in their participation
in the different spaces of which are part. That is how women within the Nasa
community are not awarded lands due to the fact that these have always been
assigned to the male head of the household, ignoring their administrative
capabilities, earth work, that women are heads of households, widows, single
women, who need to work to solve their personal needs and those who are in
charge.
This situation has
promoted economic and patrimonial violence, since women have not been allowed
to have economic autonomy because many of them still depend on male approval to
sell their products of the "tulpa"
or their handicrafts; in
addition, some who are involved in productive projects are restricted from free
participation in the spaces designed to market their products. Women are also sometimes
physically abused by their partners for not bringing the expected money.
However, this kind of
behaviour are not incidental within the Nasa community in Cauca, since these
have been supported by the either the Catholic or Protestant evangelization, as
their speeches have established an ought to be for the woman, in which she
should be subject to her husband, showing an attitude of submission without
complaint because it reminds her the way she met him and for that reason she
must cope the violence. This has popularized the saying "Let him stick for
that is husband."
Additionally, in the protestant
practices is require for the practitioners to distance themselves from indigenous
practices and indigenous movement because it is pagan. If in a couple, one of
the two is not a practitioner of the same faith, they are asked to separate and
join a member of the same church.
At the same time, women
who choose to work in domestic service either inside or outside of their
territory, are forced to receive from their employers what they want to give
them for their work, taking advantage of the need of these women, who prefer to take anything rathern tan nothing.
They do not enjoy the basic guarantees benefits stated by law such as social
security or a living wage, finding cases of women who receive five thousand
pesos for working a whole day.
Also, as a result of the
armed conflict lived in Colombia, Nasa women have seen their lives being
affected due to the constant violations to international humanitarian law, which
can be seen in threats to women who are leaders, forced services such as
providing accommodation, food and clean clothing to legal and ilegal groups, sexual
violence accompanied by coercion to free movement within the territory, preventing
women to denounce the abuses they have experienced by legal and illegal armed
groups.
Additionally, many Nasa
women have been socially sanctioned within their community by deciding to
acknowledge or report when they or their children have been victims of sexual
violence, putting into question the voice of these women by the authorities and
replicated in their community, even more if it is a leader who is involved in
the fact.
Based on this type of
situation it could be inferred that when a woman makes public the fact, there
are consequences for them and their families. This only results in issuing a
message to the community about future cases, which can influence other women to
no report for fear of this kind of sanctions, favouring impunity.
How is the participation of women
The participation of
women in the Nasa communities has evolved in the last two decades. Twenty years
ago it was almost unthinkable to believe that they could become sheriffs,
captains, governors or get to the further counseling of Consejo Regional
Indigena del Cauca or become coordinators of the several programs in the
indigenous movement.
It must be said that if
women have begun to take part in the spaces of participation, this does not
mean that they are taken into account for decisions. Women’s participation has
been reduced to aspects of logistics such as cleaning, organizing, cooking, and
loading pots. In other words, provide everything and leave males the decisión
making process.
In addition, the participation of those who have managed
to transcend to political spaces, their participation has been limited to
"women's issues", quoting Omar Rincón who affirm that speaking about women
issues is not to speak of beauty, health, fashion, home, education or crafts...
It is to think about its visibility from a political perspective where they have
historically been hidden or sub represented... In this regard, it can
be found that the participation of Nasa women in Cauca has been forwarded in
many cases to Programa Mujer y Familia - ACIN-, Programa Mujer y Familia CRIC,
Projecto Educativo Communitario – PEC, etc.
However, on occasions
when women have made part of negotiation tables with the Government, this has
been seen with good eyes because they have been characterized as facilitators
and fair. Although, they have also stood by its holistic vision against the
effects that can bring certain decisions for their community as opposed to
males, for example the mining concessions.
This has been the result
of the struggle of women to influence and take part in the areas of decision
within the Organization. These leaders have emerged from the base in the
community work, from the accompaniment of other organizations in the formation,
strengthening and awareness that it has re-evaluated the social role of women. In
addition, there have been women who have left the territory to study at
universities and for later returning to their community
In turn, this has not
meant that all women who have been formed and have come to occupy important
positions within the indigenous organization have brought into discussion the
issue of gender, also because sometimes they have come to these spaces
supported by males, in that sense, it can demonstrate a similar situation
presented in the West when some women have been elected to public offices. This
has not necessarily implicated that they work for the defence of the rights of women.
Also when women decide to take responsibility in the areas of participation,
regularly indigenous women are alibis due to the commitments that have been
historically assigned as wives, mothers, daughters, etc. A similar situation
lived by women in the West as when they work outside of the home and at the end
of the day they must continue with household chores.
However, the work done
by the organization of women in the interior of the indigenous communities, has
affected the visibility and awareness of violence against women.
Today it is not so
complex to reach these areas as in yesteryear. The difficulty as implied by an
indigenous is staying and how to stay.
Traditions and customs are poorly understood?
When speaking about
usages and customs, this can be defined as everything that is done to live in
community, and everything that contributes to live in common. This is how each
community sets its own dynamics where the group built their own relating to
what is socially seen as harmony or disharmony. Customs vary according to the time,
context and community; for this reason, when it talks about the system of
penalties or classification of the offenses, these may vary even though they
belong to the same ethnic group.
Also, when referring to
customs it must not necessarily be associated with ancestral practices within
communities, since many of these have been taken from other cultures, for
example: the institution of the Cabildo, the Resguardo, community judging
system, clamping device, the whips are mechanisms inherited from the Spaniards,
similarly, the fact that they are divided into Resguardos is a division that emerged
in the colony and was ratified in the Republican period. Hence, for the Nasa
the standard is under permanent construction. This is ratified by law 120/1991
when it proposed that communities have the right to self provision, in other
words, to create law.
On many occasions from
the Western perspective, value judgments can be made by the ignorance of the
uses and customs, but also in these cases, it may be hiding behind degrading
practices within communities, up to the point of naturalization, in which no
one puts into question these practices, there is then, where the symbolic
violence is reflected.
Therefore, violence
against women are not part of the uses and customs, situation which has been
justified on many occasions by the ideological discourse of the Church when
arises that women should be subject to the male and he has the right to correct
them. According to the Alternate Governor of Resguardo La Gaitana Rosely
Finscue, It has tended to label the Nasa communities as violent for its act of
resistance in the defense of the territory.
Education or schooling?
There is a perception
that if illiteracy rates are decreased in wome this will reduce the rates of
violence against them. However, this condition does not apply in the case of
males because if they are or are not literate, they have taken the violence as
an element of control and coercion towards women. It should be noted that the
above cannot be considered as a generality for all cases.
For this reason, it is
essential to clarify that when one speaks of education, this not only concerns
the system of schooling, which is limited to read, write, add and subtract. On
the contrary, education must be understood holistically where converge the
different interaction scenarios, in which a cultural transformation can be
performed. That would mean a re-evaluation of the educational system, since
this has been historically responsible for replicating the patriarchal system in
tacit way.
The foregoing leads to
consider that when one speaks of cultural transformation, the re-evaluation of
the education system not only makes reference to indigenous communities. On the
contrary, it calls to everyone without any distinction. Such a transformation
would consist of an education for life where is posible to find elements for
the good live. This would mean living in a harmoniously community where
difference is respected.
In the case of
indigenous communities, it could be thought the re-evaluation of education from
the uses and customs at the time of raising boys and girls. This type of pilot
experiences are not unknown to the Nasa people. An example of this can be seen
at the Cabildo of KiteK Kiwe, where a possible transformation to achieve
balance and harmony within their community is being thought.
For this reason, they
have begun working towards that trasnformation. It is common to find that if in
playground a child physically assaulted a girl or not allow her integration
into some games, the child goes through
a call to attention where is clarified that his behavior is not appropriate. It
is also specified that there is no distinction between what must be played by a
boy or a girl because both have the same possibilities. Also young men have
proposed from what is known in the West as new masculinities, which promote
respect for women and punishment for any kind of offense against them, for this
reason, women in the community carry a purple card and if they experience any
kind of violence, they show the card as a sign of rejection to the offense.
Finally, in the
indigenous communities, it is necessary that its members know both the special
indigenous jurisdiction and the ordinary justice in order to have clarity at
the time of issuing and accessing
justice.
How does Nasa special indigenous jurisdiction sanction?
On the basis of the fact
that each Cabildo has autonomy to exercise justice in its Resguardo and there
is not a rating scale unified for offences, sanctions or for the repair of the
victims in the Nasa community, there are other factors that have an impact at
the moment of administering justice such as the context and the uses and
customs of the Resguardo which is inhabited.
This allow that the subjectivity and interests that exist in the
situation of those who exercised justice prevails.
While it is true that there
is not a definite scale for sanctions, a series of guidelines have been given
to proceed when administering justice. It is like when put into knowledge
domestic violence to the authorities, It is customary to call the couple and
their families, including the extended family -It is taken into account in the
same way as when asking to marry the woman -, for this Tewala[1] or spiritual guides are
also invited, in order to looked for the root of the problem and apply the
respective medicine with the goal of reaching harmonization.
However, If the problem is repeated or there is no
possibility of consensus, the separation is a decision of the couple or one of
them. When it is a unilateral decision, the
person who request the separation lose his or her rights to the property
acquired as a couple. This person does not have the right to anything material
based, but only to child support if there are minors in the marriage. Acquired
property then passed into the hands of children.
Nevertheless, when women are
the ones imparting justice, and they have been part of processes relating women
issues, if they are carrying out a separation, the distribution of goods are
equally and the person who request separation is required to provide child
support.
In regards to custody or
parental authority, this issue relates directly to the Instituto Colombiano de
Bienestar Familiar - ICBF on behalf of the State. The State may allow others to
deal with issues relating health, education, and public services, but it can
not assign the matters in which the rights of children and adolescents are
affected, regardless of their ethnic origin.
For this reason, at the time
of granting custody is verified who can guarantees a greater well-being for the
free and safe development of the child, however, if the child has been victim
of sexual abuse by one of the parents and even if that parent has more economic
capacity, the contact is restricted inmediatly with the child.
In the case of other crimes there
are other type of sanctions such as: community work (working the land,
mandatory attendance at assemblies and marches), a type of dungeon, the whip[2], the trap[3], banishment or
estrangement, rituals of harmonization (bathing in the river, and diving into
the lagoon) and imprisonment, being this one the most severe measure. In these
cases, a community assembly is called to
decide what sanction should be given.
It is usual to hear that in
indigenous communities the medicine is given as a form of sanction to the
Indians, but referring to the medicine means the restoration of harmony and
balance of the person with his or her
community. This is usually done through the whip or the trap. In the case of
the whip, the lashes should be done with a level of force without being torture,
but neither soft. If torture or softness in the lashes would occur, then the
authority who applied the sancation would receives the lashes.
With regards to the rituals
of harmonization, there are several ways for these to take place: preparation
of drinks and the application of herbal baths or submerging in a lagoon below 0
degrees Celsius. This last one consists of immersing the person in the lagoon
as long as possible, which according to indigenous people can bring a spiritual transformation to the individual.
After the submersion, the person coming out of the lagoon is stinged with
nettle[4] to activate the vital
functions.
It is worth mentioning that
the rituals of harmonization are a process of multiple sessions that required a
series of inputs. These inputs in fact must be assumed by the person being sanctioned
or his or her family. Sometimes harmonization rituals are interrupted by lack
of resources, leaving treatment unfinished, which according to Nasa people can
bring inmbalance to the person and increase the possibilities of repeating the
offence with more violence.
Common
conflicts between ordinary justice and the special indigenous jurisdiction
regarding the access to justice by Nasa women
Although it is true that the
two jurisdictions differ in some aspects, they also converge in some
unfortunate aspects to the detriment of women. Among them can be found that regardless
of the justice system, both systems are permeated by a cultural burden that
prevents an efficient, equitable and guarantor access to justice, in which
prevails the subjectivity of those imparting justice, where circumstantial factors predominate above the
voice of women.
Spaces and processes of
awareness of gender issues and violence against women are not taken with
diligence and most of the time are not considered priorities. This means that
at the moment to carry out procedures, these end up being re-victimization
spaces for women, when that is not the obligation of those who impart justice.
None of the two systems has
statistics that take into account the various acts of violence of which women
are victims, which denotes an invisibility of these issues.
Besides the situations
mentioned above, there is a mutual disrespect between jurisdictions by
attempting to prevail, which only leads to impunity.
Coordination
between Ordinary Justice and Indigenous Justice
To talk about articulation,
It is necessary to say that this must be a two-way process. Ordinary justice
can not ignore and avoid the special indigenous jurisdiction only because it
has more years imparting justice. It is necessary to create a dialogue of
knowledge between both justice systems. That could be the beginning to make an
effective articulation.
First of all, it is
significant to take into account the differential approach (gender). It is
important to mention that at the time of dialogue about articulation between
the State and indigenous communities, it is more tan neccesary that women are
presentbecause they can make contributions about their particular needs,
something that a Indian or Western male hardly could do.
Second, in terms of
operation, it must require that the ordinary justice make available to the
indigenous authorities everything concerning to technical assistance, because
it would be almost improbable that each Cabildo had a body of research and
forensic laboratory to carry out its processes, taking into account that some
townships of the Department of Cauca do not even have these services and depend
on other townships. For example the township of Morales (Cauca), which does not
have a morgue or qualified service personnel.
Thirdly, special indigenous
jurisdiction should make available to the ordinary justice their mechanisms of
protection such as the indigenous guard in cases required by the ordinary
justice system; being this a sign of cooperation and coordination among
themselves.n
In conclusión, when one
speaks of access to justice, it must be understood as a legal commodity,
something that is constantly infringed and not have it goes against due process
and liberty, not taking into account this postulate
goes
against human rights that advocate by the dignity of the subject.
Therefore, there can not be
a victimizing speech to demand rights and another speech to ignore the rights
of others.
Otherwise it would be as
stated by Simón Bolívar plowing the sea and grow in the wind.
[1] Tewala
Spiritual guide
[2] Whip:
to strike with a slender lithe implement (as a lash or rod) especially as a
punishment
[3] Trap:
Instrument made of two thick timbers, that includes holes for the wrists and
neck, where is the sanctioned fastened.
[4] Nettle:
any of various prickly or stinging plants other than the true nettles (genus
Urtica).
