DECLARATION OF SAN RAFAEL DE HEREDIA "
The" Declaration of San Rafael "of November 27, 1991, marks the historic moment when the population of this county decided to confront their own local governments to solve a problem that they had not solved before. This historic document is cited in the Declaration of Big Stone. " Officially, we do not know of any local historian who has made the effort to transform it into a document, despite the existence of countless supporting documentation. Similar to the play "
Fuenteovejuna " of English playwright Lope de Vega, History of the "Declaration San Rafael" acts could be summarized in three acts: the first which presents the facts and circumstances, the second where the facts are developed and the third where are resolved. Both are stories of social content and claiming to have the rebellion of a people, joining in
Fuenteovejuna
against injustice and abuse
power of
Commander, and is set in the late seventeenth-early sixteenth century, while in San Rafael against injustice and abuse
power of is against injustice and abuse of power by their Councillors and Executive Council, and is set late twentieth century. The play raises a social conflict between the feudal lord and his vassals
. Already in the first act is outlined want the issue to the Commander Laurencia abuse and reflect the influence of droit de seigneur. While the conflict that raises the "Declaration of San Rafael" occurs at the insistence of local governments to maintain under his rule the municipal aqueduct that provides water service to the residents of the township, although the liquid to be distributed is not fit for human consumption, and is also the cause of many epidemics and diseases in the population. It is in the wording of this 
"Declaration", which are once outlined the facts behind any actions that people are willing to make. both the theatrical script is set in Fuenteovejuna of Cordoba, Spain, as in real happened in San Rafael de Heredia, Costa Rica, the people did not intend to change the social system
"Declaration", which are once outlined the facts behind any actions that people are willing to make. both the theatrical script is set in Fuenteovejuna of Cordoba, Spain, as in real happened in San Rafael de Heredia, Costa Rica, the people did not intend to change the social system sought simply justice
. In the play's neighbors Fuenteovejuna justice took her hand and then asked the kings who supported his action, whereas in the story below states, residents of San Rafael announced their actions, executed and then asked Justice Courts to make and receive their complaints. In both stories the unity of the people is the basis of victory. In Fuenteovejuna no neighbor, even under torture, said the direct perpetrator of the killings, it is the people who exercised rebels and justice, which is confirmed by the judge's questions and the responses of people : Who Killed the Commander? / Fuenteovejuna, Lord / Who is Fuenteovejuna? / All for one, Lord.
Perhaps, if the history of the municipal water trapaso rafaeleño had led to the theater, the judge's questions and answers of the people were similar to these: Who is in favor of the transfer? / San Rafael, Lord / Who is San Rafael? / All the Lord.
On the relationship record that has the "Declaration of San Rafael",
(issued in the last decade of last century), compared with Declaration Stone Grande ", (given the first decade of this century and this Blog advertising), it is to recount the history associated with the introduction of the original Declaration, that inspires the second. For these purposes, is transcribed below, in relevant part, the remedy of rescission with supplementary appeal (filed May 3, and extended the May 12, 2006) against the current agreement the City Council (Period 2006 - 2010). Should be noted that this document is the defense that he made himself writes in the current Local Government, this is because the same day that the new councilors took office (May 1, meeting No. 2002-2006) decided to revoke the agreement of the outgoing City Council (2002-2006), who had taken on my behalf.
This was precisely my appointment, for the period 2006-2007 - as you represent this municipality to the Board of Public Service Company of Heredia SA which was taken by the City Council ledge, before concluding his period (Decision No. 12, Article 9 of the session N ° 323 April 24, 2006), and based on my participation in the process that led to the solution of the problem of water during last decade of last century.
This clarification explains the reasons for the constant reference to this defense makes me. In advance, I apologize to the reader, for the inconvenience this may cause. It also clarifies that the length of the document is posted on this blog in two parts: "(...) here are the records related to the issue of transfer of the municipal water of San Rafael de Heredia ESPH , which generated the right of the municipality to have a place within the Board of the Company now.
BACKGROUND:
1. Although it was a problem that was more than a century old, in the late 80's and early 90's, the population of San Rafael de Heredia
began to be increasingly impacted by problems related to pollution municipal water. Virtually all bacteriological tests performed in the years 1989-1990-1991 and 1992, water samples collected in different distribution networks, showed alarming levels of fecal coliform (animal and human waste expelled as feces) which could reach reach 1100 coliforms per 100 milliliters of water.
In the light of established standards by PAHO and WHO on water in our county not classified as unfit for human consumption. Given the presence of outbreaks of hepatitis and other diseases related to pollution and the fear that by that time the country was on the imminent arrival of cholera (which was already wreaking havoc in other countries in the Americas) some laboratories authorities came to realize that
"... if it is declared a cholera epidemic in Costa Rica, San Rafael de Heredia
be one of the counties with the highest probability of risk of contracting this disease" (Emphasis is mine. See: Pollution water in the canton of San Rafael de Heredia, Jorge L. investigation Chaves and others, Universidad Nacional, Heredia, 1992, pg. 4),
despite efforts by the local government of the time, the problem of supplying the population with the quantity and quality of water required, did not seem to find answers. (See Article "Agua de San Rafael de Heredia is unfit for consumption.")
2. Concerned above, in mid-1991 to assume the presidency of the U NION 
Cantonal Development Association, I proposed to my fellow directors (including Regidor them now Chavaría Henry Delgado) and other community representatives, take from our organization a civic struggle to collaborate with the City of Canton to try to solve the water problem. For this reason on Thursday November 21, 1991, the Union of Associations Cantonal referred to the Community Development Associations invitation to transcribe below: " CIRCULAR:
I. That the water problem that we face as rafaeleños is a matter of public interest, which now has generated a current discussion-especially for the possible introduction of cholera into the country - to define what is the best alternative solution should be to San Rafael.
II.
That with the aim of offering a clearer view on the matter, the City Council appointed a Water Commission to conduct a diagnosis of the aqueduct and give possible solutions. 
Cantonal Development Association, I proposed to my fellow directors (including Regidor them now Chavaría Henry Delgado) and other community representatives, take from our organization a civic struggle to collaborate with the City of Canton to try to solve the water problem. For this reason on Thursday November 21, 1991, the Union of Associations Cantonal referred to the Community Development Associations invitation to transcribe below: " CIRCULAR: 
I. That the water problem that we face as rafaeleños is a matter of public interest, which now has generated a current discussion-especially for the possible introduction of cholera into the country - to define what is the best alternative solution should be to San Rafael. 
II.
III. That currently the committee and has served its purpose, introducing the Diagnosis and the four possible solutions are: a. Aqueducts and Sewers (AyA) b. Cantonal Co Administrator Aqueduct, c. Public Service Company Heredia (ESPH) and d. City of Canton.
IV.
That is a historical mandate for the Community Movement together analyze, argue and fight for the alternative that is best for the interests and welfare of the people rafaeleño.
THEREFORE
We invite you to our meeting with all county associations Development, on Wednesday 27 November of the year underway at 7 pm at Canton, in order to analyze, discuss and define which will assume the position that communal movement to the water problem in Canton. They are requested to Boards that become established, before taking the agreement to one of the four possible solutions and bring the data of the date, number of minutes and art by which it was adopted. Waiting to have your attendance at this important meeting, thank you, Sincerely
THEREFORE
We invite you to our meeting with all county associations Development, on Wednesday 27 November of the year underway at 7 pm at Canton, in order to analyze, discuss and define which will assume the position that communal movement to the water problem in Canton. They are requested to Boards that become established, before taking the agreement to one of the four possible solutions and bring the data of the date, number of minutes and art by which it was adopted. Waiting to have your attendance at this important meeting, thank you, Sincerely
Mr. Mario Alberto Chavez Mata, President .... "
(Emphasis is mine, see Circular Cantonal Union Nov. 21 , 1991)
(Emphasis is mine, see Circular Cantonal Union Nov. 21 , 1991)
3.
Day announced after a long session of analysis and reflection on the problem a large group of representatives of various organizations that were present signed the historic document which is then transcribed and the drafting of which was my responsibility to perform. This document marks a milestone in the fight community in solving the water problem, and stated:
"DECLARATION OF SAN RAFAEL
"DECLARATION OF SAN RAFAEL
Members Directors of the Community Development Associations and other organized groups
Terraced San Raf ael de Heredia, gathered in this county at the request of the Cantonal UNION OF ASSOCIATIONS OF COMMUNITY DEVELOPMENT, the November 27, 1991 , picking the longings of their respective communities to declare San Rafael de Heredia Canton Freedom, Democracy and Development.
In this spirit, reaffirm their commitment to the development of our people, its decision to strengthen relations between existing organizations and willingness to improve democratic systems in the county when making decisions of common interest, on the basis the existence of Integral Development Associations legally constituted and organized groups in communities to solve the roblems community. express the urgent need for the municipality of the canton incorporating the criterion of our organizations in deciding matters of communal importance. reiterate their determination to contribute in finding a solution to the problem of water in San Rafael de Heredia. Terraced San Raf ael de Heredia, gathered in this county at the request of the Cantonal UNION OF ASSOCIATIONS OF COMMUNITY DEVELOPMENT, the November 27, 1991 , picking the longings of their respective communities to declare San Rafael de Heredia Canton Freedom, Democracy and Development.
recognize the urgent requirement to give impetus to a measure that ensures for years supply of drinking water for the inhabitants of this canton. Declare their commitment to joint protection of existing water resources in the area. listen to medical exposures of Doctors Pastrano and Edgar Jiménez Silva Armando Solórzano, director of the San Rafael Clinic and Health Center Director, respectively, about the high level of faecal contamination detected in water samples collected in various parts of the canton and the consequences that this entails in rafaeleños health when consumed, mainly in case of entering the cholera epidemic in our country. receive the report by members of the Water Commission, appointed by the City of Canton , makers of alternative solutions to problems identified by the Committee in terms of quality, quantity, administrative and financial economic situation of the aqueduct of San Rafael de Heredia and welcome the work done in fulfillment of the mandate entrusted by the municipal body, which allowed our community agencies informed of an objective to create our own discretion before participating in the decisions that decide the fate of our pipeline. Founded on these principles and common goals, as well as heard presentations and reports received, board members of organizations will say agree as follows:
1.
firm decision to ratify their Boards to develop all necessary action in the administrative or judicial, to support the decision taken by consensus to solve the water problem that has plagued so many years our county.
2. carefully analyze the four proposals to solve the water problem suggested and presented by the Water Commission appointed by the Municipality for this purpose and highlight its positive contribution to finding such a solution. Express their sincere congratulations and deep appreciation for the work performed by Messrs. tenacious (...) shall (...) of this Commission by objectively informing the people of this county about the status of this aqueduct and propose various alternative solutions.
3. Carefully review the general recommendations made by the Water Commission in order to implement the decision assumed. In this regard agree to support these recommendations and submit them to the municipal body for attaining an early adoption of the same. 4.
In response to the four suggested solutions presented in the report prepared by the Water Commission, which intends to resolve the problem by adopting any of the following measures: a. The establishment of an administrative board of a cooperative; b. The continuation of the aqueduct in the hands of the Municipality;
c. The granting of a Water and sewer service, and
d. Management of the aqueduct through a temporary concession to Public Service Company of Heredia,
Board members of the associations listed for this meeting AGREE:
I. Support the proposed pipeline management through ESPH considering that this alternative is that it seems solve the problem better administrative and financial, quality and quantity of drinking water to date has presented the aqueduct of San Rafael de Heredia, thus ensuring service improvement and protection of the health of the inhabitants of this canton.
II. Renewing its commitment to strengthen democratic institutions rafaeleño Village, invited organizations, decided to raise their struggle for a solution to the water problem facing the county, however, the Development Association of Los Angeles and Concepcion, using express their freedom of self determination for their communities that will support the idea of \u200b\u200bcreating a rural aqueduct of cooperative management, considering the above two organizations are able to manage their own water supply. Having said this by the presidents of these associations, we decided to respect the same.
III.
agree on the need to preserve and strengthen direct relations between the Municipality and the Community Movement, including within this, as well as development associations to other social welfare organizations legally constituted. In this regard call on the City support for the proposal selected by the Community Movement for the solution of the problem of water, l mean the same legitimate expression of the will of our respective communities.
IV. Request the City
its strong support for the Community Movement for this is represented in the negotiation process by which it agrees to the transfer of the administration of the aqueduct to the Public Service Company of Heredia.
V. also expressed the wish that this position allows to deepen dialogue and cooperation between the Municipality and the Community Movement.
VI.
highlight the importance of prompt local decision about the final solution to the problem addressed, decide to take appropriate measures to give effect to this Statement and expressed the hope that it constitutes a contribution to guide the Community Movement towards this goal. Finally
board members agree on the imperative to put an immediate end to the water problem in our county, whose persistence can only hinder the development of the people rafaeleño "
Signed:
§ Cantonal Union of Associations of San Rafael de Heredia, §
Development Association of University Gardens No. 2 § Development Association of Barrio Santiago, § Development Association of Holy Trinity, § Development Association of San Rafael de Heredia, §
Development Association of Switzerland , §
Development Association Barrio Peralta, § Specific Development Association of San Josecito Pro housing, § Development Association of Concepción, § Development Association of San Miguel (El Palmar), § Board Education of the School of Santiago, in Barrio Santiago. § Board of Education Special Education School, § Board of Education School Gethsemane
§ Board of Education Laboratory School, § Board of Education School Manuel Camacho H, Switzerland, § Board of Education School Pedro Maria Badilla, San Rafael, § Management Board of Liceo Ing Carlos Zúñiga Easter, Development Association Barrio Peralta, § Specific Development Association of San Josecito Pro housing, § Development Association of Concepción, § Development Association of San Miguel (El Palmar), § Board Education of the School of Santiago, in Barrio Santiago. § Board of Education Special Education School, § Board of Education School Gethsemane
§ Francesca Valerio Association Day Centre
§ School of Music in San Rafael,
§ Cantonal Committee of Sports
§ Provincial Board for the Protection of Children Heredia.
(Emphasis mine. See Notice dated November 21, 1991, inviting development associations to define a solution to the problem of water, see also the "Declaration of San Rafael", published in the Journal Heredia, December 1991)
4.
In my capacity as President of the Cantonal Union and responsible for the call that generated the
called "Declaration of San Rafael"
up to me to also introduce the December 2, 1991 before the City Council at that time to ask the Rulers should accept the proposal that I suggested respectfully Movement Community, as well as to warn them of the decision had been taken to develop leaders signed, on behalf of their organizations, all actions that are necessary to support our position:
"... to mean the same legitimate expression of the will our respective communities, "
(See Municipal Act No. 170-91 of December 2, 1991 and" Declaration of San Rafael).
5. Since
by calling
"Declaration of San Rafael" the communal movement specifically sought to implement mechanisms of popular consultation, la Municipalidad de San Rafael decide, el 15 de enero de 1992, acoger la propuesta de traspasar el acueducto municipal a la ESPH. El acuerdo es tomado “por unanimidad y en firme”, y además condiciona el traspaso a la realización de un Referéndum en todo el cantón para que fueran sus habi
tantes los que votaran con un “SI” o con un “NO”, la idea de traspasar el acueducto. Para llevar adelante la referida consulta popular, en la Sesión N° 185-92 del 22 de enero se acordó nombrar a una Comisión que estaría integrada por el suscrito, como representante del movimiento comunal, así como por dos Regidores en representación de la Municipalidad (uno de ellos the father of current President Municipal Yensi Alfaro Hernandez), the task of organizing the consultation process. After presenting the report of the Commission, the City joined the Referendum Court (one of whom was former Councilman Jorge Valerio Lobo, period 2002-2006). However, shortly after the Municipal Council itself decides to disregard their initial commitment to revoke the transfer agreement and therefore not carried out the referendum. This was received as a slap to the efforts of the community movement rafaeleño to resolve the longstanding problem of water. (See City Council Unanimous Agreement of January 15, 1992, and January 22 , 1992) 6.
Given this fact, for reasons of dignity, I chose to submit to the City Council waive the time-my public as a representative of community organizations. I took this decision to express in this way also the discomfort felt at the time our community leaders. Public Charter for the Municipality of San Rafael de Heredia appears fully transcribed in the Act No. 196-92 of the March 2, 1992, Article III, paragraph 1), and it reads as follows:
"Dear Councillors : With deep regret I have learned Council agreed that "unanimously and strongly" not to make the referendum that was scheduled before making our county, and thus prevented the citizenry as a whole rafaeleña exercise the principles of democratic self-determination and decide once and for all, by popular vote whether or not the City continued to manage the water service in San Rafael de Heredia
. upsets the lightness and lack of seriousness with which it dealt with both the people and the communal movement rafaeleño we were on the lookout we feel cheated, as only the 15 January we announced the agreement "unanimous and firm "to shift our ESPH aqueduct, the people delegated to the ratification of this agreement through a referendum (Act n ° 183-929)
Since this agreement was an achievement of the tenacious fight waged by the communal movement, I accepted, just as you would any other community leader rafaeleño, part of the Organizing Committee of the referendum, in which I participated actively. For this reason I did not mind investing full days of work and neglecting my professional work to devote himself to fulfill the task: Visit institutions, gather information and prepare the report and the Regulation for organizing this important activity in Thanks to the civic attitude of the City Council, rafaeleño people have the power to decide or a matter of vital importance for the welfare and development of our county. The rafaeleños naively trust his sincerity when, "unanimously and strongly" that City Council approved, with minor variations, this regulation and agreed to organize the referendum held on April 26 this year (Art. 192-92 Act 1 .) We thought it was unanimously and will when firm also agreed to prohibit any festive activity by that date, according to you: "... not such a process that will affect historic the canton of San Rafael "(Act 192-92 art. V.). And in effect this date would be historic, as history was the decision taken by the Council on 15 January when he decided to accept the referendum as a way to strengthen relations between the city and munícipes, indicating a clear willingness of the Council refine the use of democratic mechanisms in the county when making decisions of common interest. The agreement meant the crystallization of one of the expressed desires of the community movement in the "Declaration of San Rafael" of November 27 last year, signed by the Partnerships for Development and Organized Groups the canton. Why going to doubt the seriousness of this Council if "unanimously and strongly" agreed finally to include Monday, 24 February a group of honorable residents of Canton to invite them to join the Referendum Elections Tribunal, which be responsible, with the assistance of representatives of the Supreme Electoral Tribunal, in carrying out this important process of consultation, first and unique in the history of the country.
And it was supposed that the Municipality had to be very aware that with all previous agreements, taken by "unanimous and firm" had been allowed to leave voluntarily in their power to to decide the fate of our water supply, these agreements were now all rafaeleños who turn to fill the role of stakeholders in making this important decision, thus losing the role of mere spectators we once had. For this reason, it was humiliating, for each of the 16,592 voters of this district which, after habérsenos given the power to decide regarding the water supply, the same council that we created that expectation, decided shortly thereafter by " unanimously and firmly "that it would not conduct the referendum, throwing away all the way advanced. It was more frustrating, this agreement was taken precisely the day he had summoned the members of the Referendum Election Tribunal to assume their positions.
The revocation of the agreement of January 15 is a blow to the communal movement rafaeleño as putting paid to a long struggle and sacrifices of efforts undertaken by our organizations for a final and comprehensive solution to the problem of water. The proposal offered by the council to limit the transfer of the aqueduct to a small group of estates belittles and ridicules this struggle of the community and also disrespects the dignity of thousands of other locations rafaeleños also craved a solution to the problem of water in their communities .
For all los rafaeleños libres y sensibles ha sido doloroso este contraste entre nuestras esperanzas los resultados.
Decía Montalembert que: “El pueblo perdona a los que le oprimen, pero nunca perdona a los que le engañan”.
La organización comunal rafaeleña sabe muy bien que el desarrollo de este cantón no puede satisfacerse con simples palabras y apariencias. Para alcanzar nuestro progreso se requiere de carácter, virilidad y convicción sincera a la hora de tomar decisiones. Mucho de esto faltó cuando este Concejo eliminó el respaldo a una causa que ya no esa no municipal, ni comunal, sino de todo el pueblo rafaeleño.
Es por esta razón in the name of the community movement to represent raise my protest against this council and I do the only way you could do: to express my outrage and that of our organizations through my public renunciation of my participation in the communal movement and within rafaeleño any commission which was appointed by the Municipality for the study and solution of community problems.
Through this public renunciation of the presidency of the Canton Union Community Development Association of San Rafael de Heredia
and the Vice-Specific Development Association of San Josecito home pro, and my participation both within within the Federation of Unions Cantonal de Heredia as the National Federation of Community Development Associations in the country, is intended to express the frustration we feel the leaders of community organizations in this county by the reckless action that has taken this Council.
worth not continue to sacrifice time, money and effort in community organizations to carry out works that will endure over time and are of benefit to the population, if at the end of that time, this effort and these works end up being sterile because the municipal entity who first endorsed, then take away their support.
is true that by law the Cantonal Unions and Associations Development are forced to fight on par with the municipalities by the Economic and Social Development of the Region, but prefer to give to these facts of my participation in those organizations rather than continue working alongside a municipality that wants to work alone, and far from respecting, used and mocked our status as community leaders to serve the county. Best
had grown quietly and with a sense of projecting their ideas, which have taken hasty decisions and sign agreements, involving the entire population, because the subsequent revocation of all such agreements do little more than lay bare the lack of conviction , maturity and responsibility that people expect from their council rafaeleño .
Best canton which is governed by a Municipal Council has strong ideas, though imperfect, those that change frequently. Yours respectfully,
Mr. Mario Alberto Chaves
Mata lawyer and notary "
(Emphasis mine. See municipal Act No. 196-92 of the March 2, 1992)
7. On July 18, 1992, on the occasion of holding the General Assembly of the Union of Associations Cantonal, gave community representatives that are members agencies that a farewell letter in which ratified the reason for my resignation publicly, acknowledging my discomfort with the municipal authorities, because: "... instead of encouraging our work, hampers, making our work is in vain." That letter stated however, community representatives, which despite my resignation continue
"... fight for my ideals of social welfare and specifically, by solving the serious problem of water but this I do as a leader community, but as a professional in law "
,
and I shared my decision to draft a writ of amparo against the Municipality to force:
"... the transfer (of the aqueduct) to a serious and responsible to pay this service efficiently" On that occasion I said: "... as to date rafaeleñas communities continue with this evil and the longing is still valid solution to it, I invite all other development partners, represented in this House to speak out and join this action, to be a judicial body, the Constitutional Court , which put an end once and for all, to this situation for so many years suffered from rafaeleño peoples. "
(Emphasis mine. See Letter to the Board and General Assembly of the Union of Associations Cantonal) 8. Under my invitation to join me in the legal fight would undertake Against City Council San Rafael de Heredia the same July 18, 1992, the General Assembly of Associations of the canton agreed unanimously the following motion: "WHEREAS:
I. That the Declaration of San Rafael de Heredia organizations present agreed
take whatever actions were necessary to realize the intention of our communities to go beyond the aqueduct Municipal Public Services Company of Heredia. § School of Music in San Rafael,
§ Cantonal Committee of Sports
§ Provincial Board for the Protection of Children Heredia.
(Emphasis mine. See Notice dated November 21, 1991, inviting development associations to define a solution to the problem of water, see also the "Declaration of San Rafael", published in the Journal Heredia, December 1991)
4.
In my capacity as President of the Cantonal Union and responsible for the call that generated the
called "Declaration of San Rafael"
up to me to also introduce the December 2, 1991 before the City Council at that time to ask the Rulers should accept the proposal that I suggested respectfully Movement Community, as well as to warn them of the decision had been taken to develop leaders signed, on behalf of their organizations, all actions that are necessary to support our position:
"... to mean the same legitimate expression of the will our respective communities, "
(See Municipal Act No. 170-91 of December 2, 1991 and" Declaration of San Rafael).
5. Since
by calling
"Declaration of San Rafael" the communal movement specifically sought to implement mechanisms of popular consultation, la Municipalidad de San Rafael decide, el 15 de enero de 1992, acoger la propuesta de traspasar el acueducto municipal a la ESPH. El acuerdo es tomado “por unanimidad y en firme”, y además condiciona el traspaso a la realización de un Referéndum en todo el cantón para que fueran sus habi
tantes los que votaran con un “SI” o con un “NO”, la idea de traspasar el acueducto. Para llevar adelante la referida consulta popular, en la Sesión N° 185-92 del 22 de enero se acordó nombrar a una Comisión que estaría integrada por el suscrito, como representante del movimiento comunal, así como por dos Regidores en representación de la Municipalidad (uno de ellos the father of current President Municipal Yensi Alfaro Hernandez), the task of organizing the consultation process. After presenting the report of the Commission, the City joined the Referendum Court (one of whom was former Councilman Jorge Valerio Lobo, period 2002-2006). However, shortly after the Municipal Council itself decides to disregard their initial commitment to revoke the transfer agreement and therefore not carried out the referendum. This was received as a slap to the efforts of the community movement rafaeleño to resolve the longstanding problem of water. (See City Council Unanimous Agreement of January 15, 1992, and January 22 , 1992) 6.
Given this fact, for reasons of dignity, I chose to submit to the City Council waive the time-my public as a representative of community organizations. I took this decision to express in this way also the discomfort felt at the time our community leaders. Public Charter for the Municipality of San Rafael de Heredia appears fully transcribed in the Act No. 196-92 of the March 2, 1992, Article III, paragraph 1), and it reads as follows:
"Dear Councillors : With deep regret I have learned Council agreed that "unanimously and strongly" not to make the referendum that was scheduled before making our county, and thus prevented the citizenry as a whole rafaeleña exercise the principles of democratic self-determination and decide once and for all, by popular vote whether or not the City continued to manage the water service in San Rafael de Heredia
. upsets the lightness and lack of seriousness with which it dealt with both the people and the communal movement rafaeleño we were on the lookout we feel cheated, as only the 15 January we announced the agreement "unanimous and firm "to shift our ESPH aqueduct, the people delegated to the ratification of this agreement through a referendum (Act n ° 183-929) Since this agreement was an achievement of the tenacious fight waged by the communal movement, I accepted, just as you would any other community leader rafaeleño, part of the Organizing Committee of the referendum, in which I participated actively. For this reason I did not mind investing full days of work and neglecting my professional work to devote himself to fulfill the task: Visit institutions, gather information and prepare the report and the Regulation for organizing this important activity in Thanks to the civic attitude of the City Council, rafaeleño people have the power to decide or a matter of vital importance for the welfare and development of our county. The rafaeleños naively trust his sincerity when, "unanimously and strongly" that City Council approved, with minor variations, this regulation and agreed to organize the referendum held on April 26 this year (Art. 192-92 Act 1 .) We thought it was unanimously and will when firm also agreed to prohibit any festive activity by that date, according to you: "... not such a process that will affect historic the canton of San Rafael "(Act 192-92 art. V.). And in effect this date would be historic, as history was the decision taken by the Council on 15 January when he decided to accept the referendum as a way to strengthen relations between the city and munícipes, indicating a clear willingness of the Council refine the use of democratic mechanisms in the county when making decisions of common interest. The agreement meant the crystallization of one of the expressed desires of the community movement in the "Declaration of San Rafael" of November 27 last year, signed by the Partnerships for Development and Organized Groups the canton. Why going to doubt the seriousness of this Council if "unanimously and strongly" agreed finally to include Monday, 24 February a group of honorable residents of Canton to invite them to join the Referendum Elections Tribunal, which be responsible, with the assistance of representatives of the Supreme Electoral Tribunal, in carrying out this important process of consultation, first and unique in the history of the country.
And it was supposed that the Municipality had to be very aware that with all previous agreements, taken by "unanimous and firm" had been allowed to leave voluntarily in their power to to decide the fate of our water supply, these agreements were now all rafaeleños who turn to fill the role of stakeholders in making this important decision, thus losing the role of mere spectators we once had. For this reason, it was humiliating, for each of the 16,592 voters of this district which, after habérsenos given the power to decide regarding the water supply, the same council that we created that expectation, decided shortly thereafter by " unanimously and firmly "that it would not conduct the referendum, throwing away all the way advanced. It was more frustrating, this agreement was taken precisely the day he had summoned the members of the Referendum Election Tribunal to assume their positions.
The revocation of the agreement of January 15 is a blow to the communal movement rafaeleño as putting paid to a long struggle and sacrifices of efforts undertaken by our organizations for a final and comprehensive solution to the problem of water. The proposal offered by the council to limit the transfer of the aqueduct to a small group of estates belittles and ridicules this struggle of the community and also disrespects the dignity of thousands of other locations rafaeleños also craved a solution to the problem of water in their communities . For all los rafaeleños libres y sensibles ha sido doloroso este contraste entre nuestras esperanzas los resultados.
Decía Montalembert que: “El pueblo perdona a los que le oprimen, pero nunca perdona a los que le engañan”.
La organización comunal rafaeleña sabe muy bien que el desarrollo de este cantón no puede satisfacerse con simples palabras y apariencias. Para alcanzar nuestro progreso se requiere de carácter, virilidad y convicción sincera a la hora de tomar decisiones. Mucho de esto faltó cuando este Concejo eliminó el respaldo a una causa que ya no esa no municipal, ni comunal, sino de todo el pueblo rafaeleño.
Es por esta razón in the name of the community movement to represent raise my protest against this council and I do the only way you could do: to express my outrage and that of our organizations through my public renunciation of my participation in the communal movement and within rafaeleño any commission which was appointed by the Municipality for the study and solution of community problems.
Through this public renunciation of the presidency of the Canton Union Community Development Association of San Rafael de Heredia
and the Vice-Specific Development Association of San Josecito home pro, and my participation both within within the Federation of Unions Cantonal de Heredia as the National Federation of Community Development Associations in the country, is intended to express the frustration we feel the leaders of community organizations in this county by the reckless action that has taken this Council.
worth not continue to sacrifice time, money and effort in community organizations to carry out works that will endure over time and are of benefit to the population, if at the end of that time, this effort and these works end up being sterile because the municipal entity who first endorsed, then take away their support.
is true that by law the Cantonal Unions and Associations Development are forced to fight on par with the municipalities by the Economic and Social Development of the Region, but prefer to give to these facts of my participation in those organizations rather than continue working alongside a municipality that wants to work alone, and far from respecting, used and mocked our status as community leaders to serve the county. Best
had grown quietly and with a sense of projecting their ideas, which have taken hasty decisions and sign agreements, involving the entire population, because the subsequent revocation of all such agreements do little more than lay bare the lack of conviction , maturity and responsibility that people expect from their council rafaeleño .
Best canton which is governed by a Municipal Council has strong ideas, though imperfect, those that change frequently. Yours respectfully,
Mr. Mario Alberto Chaves
Mata lawyer and notary "
(Emphasis mine. See municipal Act No. 196-92 of the March 2, 1992)
7. On July 18, 1992, on the occasion of holding the General Assembly of the Union of Associations Cantonal, gave community representatives that are members agencies that a farewell letter in which ratified the reason for my resignation publicly, acknowledging my discomfort with the municipal authorities, because: "... instead of encouraging our work, hampers, making our work is in vain." That letter stated however, community representatives, which despite my resignation continue
"... fight for my ideals of social welfare and specifically, by solving the serious problem of water but this I do as a leader community, but as a professional in law "
,
and I shared my decision to draft a writ of amparo against the Municipality to force:
"... the transfer (of the aqueduct) to a serious and responsible to pay this service efficiently" On that occasion I said: "... as to date rafaeleñas communities continue with this evil and the longing is still valid solution to it, I invite all other development partners, represented in this House to speak out and join this action, to be a judicial body, the Constitutional Court , which put an end once and for all, to this situation for so many years suffered from rafaeleño peoples. "
(Emphasis mine. See Letter to the Board and General Assembly of the Union of Associations Cantonal) 8. Under my invitation to join me in the legal fight would undertake Against City Council San Rafael de Heredia the same July 18, 1992, the General Assembly of Associations of the canton agreed unanimously the following motion: "WHEREAS:
I. That the Declaration of San Rafael de Heredia organizations present agreed
II. That despite the effort by our organizations through d through dialogue with the Municipality, has not been possible to achieve that goal, by the lack of action by the Aldermen rafaeleños. III. That the public resignation letter March 2, 1992 the then President of the Union reflects the feelings of our organizations on the attitude of the municipal entity to underestimate the work of the Community Movement in the search for the solution to the problem of water in the canton . IV. That dialogue has been broken and the communal movement should try another peaceful way to ensure achievement of its objective.
UNANIMOUSLY:
Going through the courts give effect to propose a remedy of amparo against the City for violation of the right to health and other prejudice the rafaeleña population, and run any action on the track corresponding administrative contentious .
2. Order to Mr. MARIO ALBERTO CHAVES writing and direction of these judicial and administrative actions necessary to achieve our objective in the legal aspect.
3. Mandate to the presidents of the associations that signed the Declaration of San Rafael's November 27, 1991 to sign a special power of attorney in favor of that training will name the representation of our bodies in any of the processes to engage achieving our goal.
San Rafael de Heredia, July 18, 1992.
(Emphasis mine. See Book of Records of the General Assembly of the Union of Associations Cantonal, folio 41 and 42, Article 6 of the July 18, 1992)
9. the same date, the Union of Associations Cantonal also agreed to issue another circular to all other civil organizations and individuals, not affiliated with the Community Movement, in order to make them aware of this front of struggle. In this Circular reported that the General Assembly of July 18, 1992 was agreed:
I. "Submit formal appeal under cantonal nature against Local Government in order to be protected in this instance the individual rights and legitimate interests of the people of this county being injured by the failure to resolve the problem of water supply . II. instruct the drafting and management of this resource to kill Mr. Mario Alberto Chaves, Lawyer, Former President of the Cantonal Union, now honorary president of the same, considering that by his background and experience in this field , professional quality and identification checked against communal interests of this county can trust him this responsibility.
III. urge all other county associations, boards of education and legal persons in general cantonal join this action so that the appeal is submitted by each county organized groups with their own legal personality (...) IV.
In order to avoid dispersing actions on solving this problem is applied to other sectors of the population represented by individuals, such as school principals, health centers, clinics, etc. Communicate with the referring professional (...) to raise their accessions and coadyuvancia to the main action. "
(Emphasis mine. See Circular No. 1 of the Cantonal Union Development Association dated July 18, 1992)
10. That
under the previous mandate, at 19:15 hours on 21 September 1992, brought "before the Constitutional Chamber of the Supreme Court, the writ of amparo against the Municipality of San Rafael de Heredia:
"... for the violation of the principles and constitutional guarantees and for injury to the standards of the Universal Declaration to protect human rights later say, which have been violated to the detriment of the inhabitants of communities, our organizations represent
for the obvious and inexcusable negligence demonstrated by the municipal entity to continue postponing, deliberately, the signature of the transfer agreement of our ESPH aqueduct, which would guarantee the supply of drinking water to our county,
it by not making the transfer would continue supplying water unfit for human consumption in our population which threatens the right to health of the people rafaeleño and other rights and constitutional principles which are explained below: ... " ( The emphasis is mine. See Writ of Amparo filed with the Sala IV)
11. That the writ of amparo has been brought in my capacity as Special Agent of the following organizations Judicial, whose power was given me by their respective Presidents: I. Cantonal Union of Associations of San Rafael de Heredia, II. Specific Development Association Pro San Josecito housing in San Rafael de Heredia, III. Development Association of University Gardens No. 2, IV. Development Association of San Rafael de Heredia, V. Development Association of Gethsemane, VI. Development Association Barrio Santiago, VII. Development Association of San Miguel (El Palmar) VIII. Development Association of Switzerland, IX. Development Association of Holy Trinity, X. Development Association of Neighborhood Peralta, XI. Board of Education School Pedro Maria Badilla, San Rafael, XII. Board of Education School Manuel Camacho H, of Switzerland,
XIII. Board of Education School El Palmar, San Miguel, El Palmar, XIV. Board of Education School of Santiago, in Barrio Santiago.
(See special power of attorney signed by the representatives of these agencies in favor of Mr. Mario Alberto Chaves Mata) 12.
That in addition to the aforementioned appeal interposed under three Resources Amparo against the Municipality of San Rafael de Heredia, representing the following private organizations based in the canton:
XV. Actions for Social Development, Limited Liability Company,
XVI. Soto Campos Consulting, Limited Liability Company,
XVII. Health Center in San Rafael de Heredia.
(See Writ of Amparo filed with the Constitutional Court and the special power of attorney signed on behalf of Mr. Mario Alberto Chaves Mata)
13.
That the Appeal was assigned No. 3151-92, and subsequently accumulated by the Constitutional Court in the Appeal of Amparo No. 2051-E-91, to share the effects of Decision No. 2728-91, its considerations I), III) and IV) not only embraced the claim of rafaeleños but also set an important legal precedent that could be used to solve any problem similar to this in other communities nationwide. In leading the Constitutional Court said in this Judgement, the following:
"Edit Judge Sancho González and
WHEREAS
III. urge all other county associations, boards of education and legal persons in general cantonal join this action so that the appeal is submitted by each county organized groups with their own legal personality (...) IV.
In order to avoid dispersing actions on solving this problem is applied to other sectors of the population represented by individuals, such as school principals, health centers, clinics, etc. Communicate with the referring professional (...) to raise their accessions and coadyuvancia to the main action. "
(Emphasis mine. See Circular No. 1 of the Cantonal Union Development Association dated July 18, 1992)
10. That
under the previous mandate, at 19:15 hours on 21 September 1992, brought "before the Constitutional Chamber of the Supreme Court, the writ of amparo against the Municipality of San Rafael de Heredia:
"... for the violation of the principles and constitutional guarantees and for injury to the standards of the Universal Declaration to protect human rights later say, which have been violated to the detriment of the inhabitants of communities, our organizations represent
for the obvious and inexcusable negligence demonstrated by the municipal entity to continue postponing, deliberately, the signature of the transfer agreement of our ESPH aqueduct, which would guarantee the supply of drinking water to our county,
it by not making the transfer would continue supplying water unfit for human consumption in our population which threatens the right to health of the people rafaeleño and other rights and constitutional principles which are explained below: ... " ( The emphasis is mine. See Writ of Amparo filed with the Sala IV)
11. That the writ of amparo has been brought in my capacity as Special Agent of the following organizations Judicial, whose power was given me by their respective Presidents: I. Cantonal Union of Associations of San Rafael de Heredia, II. Specific Development Association Pro San Josecito housing in San Rafael de Heredia, III. Development Association of University Gardens No. 2, IV. Development Association of San Rafael de Heredia, V. Development Association of Gethsemane, VI. Development Association Barrio Santiago, VII. Development Association of San Miguel (El Palmar) VIII. Development Association of Switzerland, IX. Development Association of Holy Trinity, X. Development Association of Neighborhood Peralta, XI. Board of Education School Pedro Maria Badilla, San Rafael, XII. Board of Education School Manuel Camacho H, of Switzerland,
XIII. Board of Education School El Palmar, San Miguel, El Palmar, XIV. Board of Education School of Santiago, in Barrio Santiago.
(See special power of attorney signed by the representatives of these agencies in favor of Mr. Mario Alberto Chaves Mata) 12.
That in addition to the aforementioned appeal interposed under three Resources Amparo against the Municipality of San Rafael de Heredia, representing the following private organizations based in the canton:
XV. Actions for Social Development, Limited Liability Company,
XVI. Soto Campos Consulting, Limited Liability Company,
XVII. Health Center in San Rafael de Heredia.
(See Writ of Amparo filed with the Constitutional Court and the special power of attorney signed on behalf of Mr. Mario Alberto Chaves Mata)
13.
That the Appeal was assigned No. 3151-92, and subsequently accumulated by the Constitutional Court in the Appeal of Amparo No. 2051-E-91, to share the effects of Decision No. 2728-91, its considerations I), III) and IV) not only embraced the claim of rafaeleños but also set an important legal precedent that could be used to solve any problem similar to this in other communities nationwide. In leading the Constitutional Court said in this Judgement, the following:
"Edit Judge Sancho González and
WHEREAS
I.
"The record is conclusively proven the violation of constitutional rights of the inhabitants of the canton of San Rafael de Heredia , about public health and the right to life, which threatened directly by a double effect: the irregular supply, which is often suspended, and the high degree of water pollution due to lack of appropriate technical methods, that the Municipality, will guarantee to the inhabitants of that jurisdiction, an acceptable quality of drinking water within normal parameters. That is clear from the reports submitted under oath and other forms of proof are added to the file. "
II. (...) III. All this is of interest to determine the impact of the failure of the council, about the immediate solution to the problem of drinking water. In effect, the measures taken by the Municipality have been insufficient, in conception and execution of decisions, which have ridden, even to the population of the Canton, under the constant threat of affecting the health of people and of course the life of them. It is therefore of most important to note that in case of fundamental rights of the special arrangements for their protection, public institutions can not justify a lack of funds, breach of the duties and responsibilities mandated by constitution and law. All this makes them no doubt declare the appeal, with the consequences of the law and the measures identified in the following regard. "
IV. As the problem that arises, at the discretion of the City appeal is limited to their economic inability to solve, because the principle of reasonable limit of expenditure provided for in Article 176 of the constitution Policy to define the budget of public authorities and as the solution of drinking water is urgent , the Board chooses to grant the
Municipality of San Rafael de Heredia , focusing on the effects of the declaration in place of the resource , and pressing a single period of three months from the notification of this decision, in order to decide firmly, if the technical measures implemented are satisfactory or if on the contrary, for inability to do the right thing, shall pass pipeline management, subject to the precautionary measures imposed as a condition for accepting the transfer. This is without prejudice to in protecting the health and lives of the inhabitants of the canton, to the executive branch, through the declaration of the state of public calamity or emergency cantonal, take measures to halt the threatened status referred to this resource. All this with the understanding that because of the inability so far demonstrated by the City appeal, the State may well, through the instruments which the law gives, replacing the municipal jurisdiction, to prevent greater evil, in defense of rights key people within the district. THEREFORE
place was called with the Appeal and is doomed to Municipality of San Rafael de Heredia
to pay the costs, damages, which are settled, where appropriate, in the way of execution of sentence , which will be settled, if the means of execution of sentence of administrative litigation. Municipality must appeal within three months from the date of notification of this resolution to take the necessary measures to eliminate pollution of water supply than any written in this case. " (
The emphasis is mine. "See Book of votes of the Constitutional Chamber Volume V, page 185, Decision No. 3105-92 of 10 to 25 hours on October 26, 1992, and the Vote No ° 2728-91 of the Constitutional Chamber of the Supreme Court) 14. That based on this ruling, the February 6, 1993, filed against the then President and his Minister of Health, gentlemen, Mr. Rafael Angel Calderon Fournier and Dr. Carlos Castro Charpantier, the Appeal Amparo No. 831-C-93, for not having taken the Executive safeguards for health and the life of the inhabitants of the canton. This Appeal was declared by the Constitutional Court held by Decision No. 1485-1994 from 18:30 am on March 21, 1994, which states that matters: WHEREAS
ONLY: By Decision No. 2728-91, Amparo No. 2051-E-92 was ordered to Municipality of San Rafael de Heredia "take all measures to eliminate pollution of the aqueduct, which will report in writing on this record. " So, is the City San Rafael is responsible for water quality, not the Executive. The ruling that was issued on December 24, 1991. However, the Minister of Health reports (page 50) that the October 13, 1992 is a "high degree of pollution in this water," and cited suggests that the Executive would take appropriate measures to halt the threat to public health community water that is. While a failure to respond to the Presidency can not simply be treated as that of other firms, given its centrality and the volume of requests addressed to it, the gravity of the situation in San Rafael de Heredia
THEREFORE to be declared the appeal. Answer the Executive Branch within 3 working days of Council management San Rafael de Heredia. Orders the State to pay costs and damages caused to the facts underlying this declaratory
, which will be settled on execution of Administrative Litigation. " (Emphasis mine. See File Appeal of Amparo filed by Mario Alberto Chavez Mata, No. 831-C-93 against the President of the Republic and the Minister of Health)
(continued. ..) 
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