The Congress of the Republic called the deputies for Thursday, July 11 to learn regarding the state of calamity issued by the Executive. The measure is intended to address the emergencies caused by the rains.
If approved, the government will have tools to “implement actions at the national, regional, departmental, municipal and local levels to prevent, mitigate and address damages resulting from the rains,” the decree reads. But it also limits the right to free movement and circulation of vehicles in areas that have been affected.
According to two experts in infrastructure, risk management and natural disasters, the Executive might have used other options.
This is the second time that Bernardo Arévalo’s administration has requested a state of calamity. The first was presented last April, and sought to address the environmental crisis resulting from forest fires, but was rejected by the deputies.
It doesn’t help
Alejandro Maldonado, former executive secretary of the National Coordinator for Disaster Reduction (Conred), explained that the measure adopted by the Executive was not created to address this type of scenario. “This makes its contribution to an emergency of this type insignificant,” he summarized.
He added: “The state of calamity is a state of exception contemplated in Guatemalan legislation, but it is not specific nor was it created for disasters. It does not necessarily adapt and adapt to the needs that institutions may have.”
For the former executive secretary of Conred, the institution might work in an emergency without having to rely on a state of calamity. Mainly, because the institution’s law issues a series of guidelines in this regard. He recalled that the institution has an economic fund that can be used, if necessary.
“Conred has a permanent national fund for disaster reduction, this fund is not tied to or subject to any specific or special condition such as a state of calamity for the fund to be able to fulfill its mission,” he reiterated.
Ancient law
“I think the current government might have done very little previously, because the problems are already very big and deep-rooted. Climate change also causes a lot of damage, the structures are not able to receive the amount of water; perhaps the same amount of water falls, but in less time, and larger pipes are required.”
Unlike Maldonado, Callejas does believe that the state of emergency would allow the government a better field of action.
“I think the government has very few options to act quickly, because the Procurement Law and the current budget are very rigid. Even if they have money, they cannot use it quickly,” he said.
He ruled out that Conred might, on its own, respond to the emergency, but given the refusal of Congress, he thinks that the Executive must have medium and long-term solutions, because the only options will take approximately six months.
“Conred is not an executing agency; it will not have the capacity or resources. It is not an alternative. The alternative would be bidding processes, obtaining budget items with modifications to the budget, but it would take longer,” he emphasized.
Unsupported
The forces within Congress do not seem to be the best at ratifying the state of calamity. Even the official bloc recognizes that there is apathy among a good part of the deputies.
The Executive’s process is to have it known in three consecutive sessions – Thursday, Friday and Saturday – or through a national emergency, but it would need the support of 107 legislators.
Key parliamentary groups that are a linchpin in the legislature are analyzing the measure, including those of the National Unity of Hope (UNE) and Cabal.
Adim Maldonado, head of the UNE bloc, did not want to respond. For his part, Luis Aguirre, head of the Cabal bloc, explained that they sought approaches from executive officials to understand the measure, without success. “We summoned the ministers to explain it to us, and they did not come; apparently, they are not interested,” he said.
Cabal’s party is considering whether it will support ratification, because it has seen apparent errors in the document.
The Valor bloc is in a similar situation, who said through their party leader, Elmer Palencia, that they are still waiting for more information on how they will respond to the emergency.
“The ministers apologized, and for that reason we still have to hold a meeting within the party, but the Executive lost an opportunity to explain to us what the reasons and justifications are for this state of calamity, as well as what projects they will carry out,” he said.
The Vamos bloc also requested reports from Conred to learn regarding the national situation and the response to the emergency. They are still analyzing their support.
From the government side, Samuel Pérez said that the search for support among the blocks is led by the Executive. But he acknowledges that they have seen apathy among deputies from other parties.
“In reality, it is the Executive who is in charge of this, but I see that there is a lack of interest from several legislative blocs. They seem not to understand the emergency and address the crisis,” he said.
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