Marcelo Gustavo Kohen is an intramural theorist who paid for a trip from Geneva to the Malvinas; He rented premises in the Chamber of Commerce in Puerto Argentino (Puerto Argentino for the British occupants) and in 2018 he explained to the islanders the plan he designed, which included, among other things, that they would determine who could settle in the Islands and, At the age of thirty, they would have a referendum where they would vote on whether they wanted British or Argentine sovereignty.
23 de February de 2022
13:31
- Cesar Lerena On March 22, 2018, Infobae published an interview with Marcelo Kohen, where he explained what the Plan he promoted consisted of; plan, which was later ratified, in a conference he held before a qualified audience of the CARI (Argentine Council of Foreign Relations). It is not known who financed his trip to the Malvinas and, in what capacity, promoted this project to the islanders, which violates the First Transitory Provision of the National Constitution.
- Kohen is a Professor at the “Institute of Higher International Studies” of the University of Geneva, whose World Ranking on the University Web is in position 1,913; 726 in Europe and, in terms of Excellence, it occupies position 2,940; That is, well below the quality that the same Ranking indicates for the University of Geneva, which is ranked 143 worldwide; in Europe 38 and in Excellence 205. His status as a teacher at this Institute would allow him to be a free thinker in front of a professorship but, Kohen has not understood, that this has changed since his appointment to the National Council of Malvinas where the strategy is planned. Argentina regarding the Malvinas Question, which is why it can no longer discuss in that faculty - or in any other - issues of this nature that can highlight Argentina's position with the consequent risk to national security; In the same way, he cannot disseminate his ideas on this matter in television or print media. A violation that has been evident, at least in one publication subsequent to that of the newspaper Perfil. The government should investigate by requesting recordings of classes, dissertations , lectures given by this teacher since his appointment to the Council. We have already said it, there are theoretical “intramural” teachers who are not usually the most skilled when formulating practical proposals, since they lack political, diplomatic and relative knowledge to negotiation and planning. From the content of the islanders' proposal, its presentation at CARI and the subsequent publication of Perfil, this is clear.
- It is difficult, on the other hand, to arrive at an adequate treatment, if you do not have an adequate diagnosis, and this is what teacher Marcelo Gustavo seems to suffer from, both when he formulates his plan to the British islanders, and when he states that Argentina must have a State Policy. The Plan seems to ignore the First Transitory Provision (DTP) of the National Constitution, an issue that is ratified with its affirmation, since the aforementioned DTP is, in itself, the State Policy adopted unanimously by the constituents who signed the Magna Carta in 1994. It is obvious that the Argentine Nation ratifies its legitimate and imprescriptible sovereignty over the Malvinas, South Georgia and South Sandwich Islands and the corresponding maritime and island spaces, as they are an integral part of the national territory. (…) and that in accordance with the principles of International Law, they constitute a permanent and inalienable objective of the Argentine people is absolutely incompatible with proposing a thirty-year referendum in favor of the British islanders, who, in Kohen's opinion, should choose between British and Argentine sovereignty. It would be nonsense if it came from a doctor in veterinary sciences, as is my case; But, much worse, if the idea is formulated by someone who presents himself as a lawyer in public international law and advises the President of the Nation and ignores (or goes off on a tangent) that the political decision was already made by the Argentine people when it was approved. in 1994 the National Constitution.
- The question that Kohen asks: what would happen if tomorrow the United Kingdom agreed to the Argentine request to "negotiate" that has been repeated for 36 years ?It seems extemporaneous, since, to formulate it, the Argentine government should first address several issues so as not to reach that moment in the situation of extreme and growing weakness in which we find ourselves, a product of policies that go against the national interest. Kohen says that " Argentina's lack of a concrete proposal means that the void is filled with the most recalcitrant ideas "; Although, showing the British islanders an absolutely conceding position (like Kohen's), allows me to think that any counteroffers would mean an even greater concession, which this teacher already encourages.
- Any negotiator - and even mediator - with some experience in the field of business knows that being a litigant in Court is not the same as seeking an Agreement and, also, that it is not a matter of presenting “concrete proposals”. but to make a proposal at the appropriate time, which is in a position to be adjusted without losing the desired objective and taking advantage of the synergy of the counterpart. Nothing that the aforementioned teacher seems to have taken into account, except the sense of the rare opportunity when presenting the proposal , since it still attracts attention that it was formulated in the full Macri government, within the framework of the Foradori-Duncan Pact, which agreed "... to adopt appropriate measures to remove all obstacles that limit the economic growth and sustainable development of the Malvinas Islands, including trade, fishing, navigation and hydrocarbons..."
- The same policy of unilateral cooperation of Lanusse in 1971. The legal discussion in a negotiation is not central but supportive, unless the issue is intended to be taken to court. And it is clear that this teacher does not handle the political aspects and does not He has to do so, since he has never occupied a relevant political function. Otherwise, no one would think of trying to split the Malvinas from Tierra del Fuego - except for Kohen - without the agreement of the government and the people of that Province. The restitution or not of Malvinas will be a political fact, not a legal one, although this serves to support the policy. Teachers, like Kohen, his collaborator Facundo Rodriguez and many others, adhere in their small world of intramurals, to the belief, that political and geopolitical issues can be handled legally. Paraphrasing Bill Clinton (1992) regarding George Bush (p) I would say: " It's politics stupid ." Therefore, trying to legally support the division of the Malvinas in the provisions of the art.2 of Law 23,775 (provincialization of 4/26/1990) in addition to being incompatible with the provisions of art.6 and 13 of the National Constitution and art.1, 2, 81 and 87 of the Provincial Constitution of Tierra del Fuego and its Twelfth Transitional Provision (" The Province claims the fullness of its jurisdictional, economic, political and social rights and will denounce the pacts, treaties, contracts and agreements signed prior to the assumption of the first constitutional provincial authorities, in ") and, article 14 of Law 23,775 itself (" The regulations of the national territory of Tierra del Fuego in force on the date of promulgation of this law, will maintain their validity in the new state, as long as they are not repealed or modified by the Constitution of the new province, the present law, or the provincial Legislature, as long as they are compatible with its autonomy ») is to have little or no political ability, in particular , when it comes to the defense of provincial autonomies. Man is the only animal that makes the same mistake twice and the proposal to split Malvinas is not new since on 8/24/2017 by Resolution 250/17 the Legislature of the Province of Tierra del Fuego preceded to « categorically reject (Art.1º) the project "Province of Malvinas, Province 24" presented by a group of journalists led by Mr. Marcelo Constanzo and Prof. Santiago Albarracín winners of the contest national "Malvinas at the University" organized by the Ministry of Education of the Nation together with the Secretary of Affairs Relating to the Malvinas of the Ministry of Foreign Affairs of the Nation in 2015, which promoted that the Malvinas Islands become a new Province, being contrary to the principle of integrity of our Provincial Territory .What was the rejection like, which was accompanied by all the political parties of Tierra del Fuego and among them the FPV and PJ and, notably, - as the Resolution refers - this project was awarded by the Malvinas Secretariat, which was occupied by who until A few months ago it was his secretary, Daniel Filmus, who had received the chair of the current ambassador to the United Kingdom Javier Figueroa and, where the disintegration of the Province was promoted, contrary to the national position of territorial integrality and all current legislation. . Splitting the Province is the beginning of a series of misguided ideas (?) expressed to the British islanders occupying the Malvinas by Kohen, who had previously joined the advisory teams of the Argentine government in the cases of the Frigate Libertad and Pasteras. of Uruguay ( which we will refer to in a future article ). That is, he was not a simple composer and the plan he proposed focused on reserving for the islanders the right to accept or not settle in the Malvinas (contrary to the Preamble and articles 14, 20, 22 and 25 of the National Constitution) and promote the idea that after thirty years , organize a referendum to decide whether these occupiers approve British or Argentine sovereignty and even, adds Kohen in an interview on Public TV , “the most negative formula of self-determination” (choosing between one sovereignty or another is not already having self-determination for these British?). It is obvious to expect, in the scenario proposed by Kohen, that the absolute majority of British people will choose to remain British. His proposal is, quite simply, the handover of the Islands to the British, since, in the illegal referendum of 2013, in an identical situation to that favored by Kohen, of the 1,517 islanders who voted, 99.83% did so in favor. to continue under British administration. A leap into the void! I will not be hypocritical, at this point I do not know if Marcelo Kohen lacks suitability or is a sympathizer of the British power, but, in any case, I understand that his proposal favors the interests and desires of the British islanders and the United Kingdom of Great Britain and Northern Ireland. " Respecting the way of life of its inhabitants" cannot imply ceding or impeding the rights of Argentines to reside, transit, invest, etc. in the Malvinas, as Kohen encourages by putting it in the hands of the islanders. the settlement of Argentines in the Malvinas and, furthermore, it is absolutely contrary to what is provided for in the Preamble of the National Constitution which states: "... and for all men in the world who want to live on Argentine soil...".
- Thus, they are part of our people, descendants of Welsh, Irish, English and other communities. By nature, people tend to adapt to the communities in which they live and this can be perfectly observed in the inland towns compared to the large urban conglomerates. . Regarding culture, Malvinas is in the culture of Argentines. The British have occupied our territory, but they have not removed Malvinas from our culture. In this plan Kohen adds sanctioning a Constitution; approve and/or ratify existing laws and appoint or provide continuity to natural judges, and also provide for " a dispute resolution mechanism, in case of conflicts over the interpretation of the agreement, which provides for the participation of the guarantor countries and the International Court of Justice as an appeal court ", which would leave the hypothetical Agreement in a situation of permanent strange review.What kind of sovereignty does it foster?
By Agenda Malvinas
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