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Este volumen recoge los trabajos y comentarios presentados en el VI Simposio sobre la Historia de Cartagena: La ciudad en el siglo XVI, organizado por el Área Cultural del Banco de la República y llevado a cabo el 14 y 15 de septiembre de 2006. El siglo XVI cartagenero – el siglo de la ocupación española del territorio, de la fundación de la ciudad y de sus primeros pasos tentativos para convertirse en enclave urbano sostenible – tiene dos procesos distintivos:1. El primer contacto entre los europeos y las poblaciones nativas y sus consecuencias en distintos órdenes. 2. Los primeros y muy tentativos años de la vida urbana de Cartagena, si así se puede llamar – recordemos lo que nos dice Roberto Luís Jaramillo en su trabajo: Cartagena inicialmente fue "un precario emplazamiento español sobre un asentamiento indígena perfecto" – que culminan con los acontecimientos de la década de 1580 y el nuevo rumbo que toma la pequeña población desde entonces y, en especial, desde principios del siglo XVII.Iniciado el proceso de exploración y conquista, las huestes españolas proceden a fundar asentamientos aquí y allá, y a someter a las poblaciones nativas. Sin embargo, como bien lo dice Augusto Oyuela en su ensayo, es gigantesco nuestro desconocimiento de las bases económicas de las culturas indígenas que poblaban la actual Costa Caribe colombiana a la llegada de los españoles.

This evaluation assesses the outcomes of World Bank Group's (WBG's) development support to the West Bank and Gaza for the period 2001-09. It covers the programs of the World Bank - International Bank for Reconstruction and Development (IBRD), International Development Association (IDA), International Finance Corporation (IFC), and the Multilateral Investment Guarantee Agency (MIGA). The main objectives of the WBG program were broad, reflecting the extremely volatile political situation, characterized by frequent humanitarian and economic crises that required abrupt shifts in the Bank's strategy. The WB is both the main economic adviser to the Quartet on the Middle East and the administrator of large donor trust funds. The WBG made important contributions in identifying obstacles to development, estimating their costs, and promoting the search for reasonable compromises. The Bank Group program needs to recognize that the long-term development effectiveness of its support is heavily dependent on the Israeli-Palestinian political framework, as well as close alignment of its efforts with those of other donors. Other specific recommendations of this evaluation include: developing a medium-term strategy with a focused results framework; exploring opportunities for closer cooperation with Arab donors; helping the Palestinian Authority (PA) to develop a long-term strategy to reduce aid dependence; and identifying opportunities for Israeli-Palestinian cooperation on different aspects of development.

INTRODUCCIÓNLa instalación de la globalización, luego de la caída de la bipolaridad, ha cambiado dramáticamente la configuración del mundo. Ya instalado el siglo XXI los Estados nacionales, otrora actores de privilegio en las relaciones internacionales, se ven enfrentados con otros actores, legales o ilegales, que en ciertos casos son tan o más poderosos que los propios Estados. Así, éstos ven debilitarse sus capacidades de acción política en un escenario donde los peligros globales se van mezclando con los problemas locales de pobreza y exclusión, cuestionando a la seguridad nacional e internacional, ambas – globalidad y localidad – como dos caras de la misma moneda.Esa dinámica internacional de articulación de lo global y lo local ha ido generando un nuevo escenario, desarmando y reconstruyendo viejos alineamientos políticos, promoviendo nuevas realidades regionales y nuevas afinidades. En ese marco se entiende que las operaciones internacionales de intervención involucran aspectos económicos, sociales, militares y humanitarios y, en última instancia, se articulan – tal vez conflictivamente – con el concepto tradicional de soberanía de los Estados. Por ello, en este artículo nos preguntamos como es que ocurre esa articulación.Este trabajo pretende analizar la relación de la comunidad internacional y sus intervenciones en función de la soberanía de los Estados, todo ello en un escenario de globalización. En este marco global entendemos que los conflictos – tanto latentes como manifiestos – pueden terminar impactando de una manera u otra en la seguridad regional y en la seguridad internacional. No obstante ello, de por sí las intervenciones no son caminos exentos de dificultades, en función de la eventual tensión entre soberanía e intervención.Sobre esa tensión existen muchos puntos de vista remarcables. Así, Deng, Kimaro, Lyon, Rotchild, y Zartman (1996) hacen notar la responsabilidad que conlleva la soberanía estatal en términos de brindar bienestar a los ciudadanos. Esa responsabilidad, concluyen, tiene dos facetas. Una frente a sus propios ciudadanos y otra frente a la comunidad internacional. (Cap. 1) En "The Responsibility to Protect: Report" (2001) también se nos menciona la dualidad de tal responsabilidad, hablándonos de responsabilidad "residual" de la comunidad internacional frente a crisis humanitarias. Por otra parte, también se reconoce que una intervención no deja de ser una suspensión "de facto" de la soberanía bajo el criterio de que paz y estabilidad no pueden ser gestionadas si no se tiene autoridad sobre el territorio. También en sentido de responsabilidad de la comunidad internacional, Lyon y Mastanduno (1995) nos hablan de la generación de la "interdependencia moral," que se relaciona con el sentimiento que un Estado tiene con respecto a las prácticas de otro sobre su población. (pp. 5, 252 – 265) Es que la soberanía westfaliana terminó diseñando al Estado moderno y territorial, pero hoy existe una configuración diferente en función del deterioro de las capacidades de los Estados, la transformación del sistema internacional en función de la globalización y los cambios tecnológicos, así como también las peculiaridades generadas por las presiones de los nacionalismos. Desde esta perspectiva primeramente ubicaremos el escenario que resulta de la globalización, con sus atributos y consecuencias relacionados con los Estados y sus instituciones vinculadas al ejercicio efectivo de la soberanía. En tal sentido, se parte de una idea del marco global de interacción que nos brinda Ulrich Beck (2003), quién plantea que la globalización es irreversible, inexcluyente y se apoya en la conceptualización de la incertidumbre imperante, relacionada con el riesgo y la inseguridad globales. Así, se resaltan los impactos e interrelaciones, tanto entre Estados, entre Estados y organizaciones multilaterales y de la sociedad civil y entre Estados, organizaciones multilaterales y organizaciones delictivas transnacionales. (p. 42) Bajo esta globalización desordenada, el poder de conducción de los Estados va perdiendo preponderancia y deteriorándose en su rol político clásico. Este autor nos dice que pensar los problemas del mundo desde una concepción de soberanía tradicional clásica, es perder capacidad de acción política, porque los conflictos configuran nuevos retos para la política y las instituciones en general, más allá de fronteras.Luego se pretenderá presentar aquí el eventual debate entre soberanía y legitimidad de las operaciones internacionales en tanto intervenciones, vinculándose así el interés nacional de cada Estado y el interés común internacional en relación con el derecho al desarrollo y a la seguridad que tiene la humanidad. Entonces, soberanía como responsabilidad se vincularía con el bienestar de los ciudadanos dentro de un Estado y con la correspondiente responsabilidad gubernamental, frente a sus ciudadanos y frente a la propia comunidad internacional.En ese marco podríamos decir que las operaciones internacionales de intervención desafían el concepto de soberanía de los Estados y se vincularían con la necesidad de actuar frente a una amenaza, latente o manifiesta, de que ocurran pérdidas humanas, así como también situaciones de migraciones y violaciones a los derechos humanos, todo lo cual pone sobre la mesa visiones en pro y en contra de este tipo de intervención.Luego se incursiona en las diferentes categorizaciones y puntos de vista sobre los Estados débiles y fallidos. Así, se verán puntos de vista teóricos y analíticos al respecto de una eventual categorización de Estados fallidos como tales.Si bien aquí no estamos diciendo que sea necesaria la generación de una "Nueva Westfalia" fundacional, lo que aquí sí se pretende es poner sobre la mesa la necesidad de pensar en la generación de nuevos contenidos institucionales para enfrentar nuevos desafíos, evitando así que las viejas instituciones se transformen en aquellas "instituciones concha" que nos define Anthony Giddens (2000, p. 31).Es que, en este escenario incierto, se hace necesario concebir instituciones configuradas de otro modo, tendientes a la idoneidad y credibilidad de las respuestas a las demandas y que no sean meras instituciones vacías de contenido en términos de eficiencia.GLOBALIZACIÓN Y ESTADO NACIÓNHasta el siglo XX el universo estuvo determinado fuertemente por la certidumbre y la fuerza de la razón. Pensado desde las relaciones internacionales y de la guerra, Sigmund Freud (Einstein y Freud, 2001) visualiza la humanidad como una comunidad de personas sometidas a "la dictadura de la razón" (p.90).Pero el mundo actual, en tanto globalizado y firmemente basado en los avances de las ciencias y las tecnologías de la información, ha configurado un sistema de interrelaciones entre actores – estatales o no – con una dinámica propia que permea lo tecnológico y se esparce en todas las actividades humanas, dinámica ésta que genera incertidumbres cotidianas. La globalización se relaciona con el debilitamiento y, eventualmente, la caída de barreras para todo lo que se relaciona con la vida diaria, el control sobre la economía, la información, los riesgos ecológicos y los conflictos en general, mostrando la desfiguración del concepto de distancia. Al respecto, Ulrich Beck (1998a) nos dice que globalización significa ". los procesos en virtud de los cuales los estados nacionales soberanos se entremezclan e imbrican mediante actores transnacionales y sus respectivas probabilidades de poder, orientaciones, identidades y entramados varios" (p.29). En el mismo marco y citado por Beck (1998a), Wallerstein nos dice que transnacional estaría significando " … el surgimiento de formas de vida y acción cuya lógica interna se explica a partir de la capacidad inventiva con la que los hombres crean y mantienen mundos de vida social y relaciones de intercambio 'sin mediar distancias'. (.) que se infiltran, lo que repugna al control estatal – nacional y a su exigencia de orden" (p.57).Entonces esta globalización nos mostraría, por un lado, una eventual erosión en la acción política del Estado Nacional y por otro lado, el accionar de múltiples organizaciones transnacionales, actores, grupos e individuos, más allá de los sistemas políticos, todo esto sin un árbitro internacional claro que pueda evitar la generación de eventuales conflictos.Hoy los Estados Nacionales deben interactuar con diferentes actores nacionales, multilaterales y transnacionales, en virtud de lo cual su poder de conducción se va desfigurando frente a la multiplicidad de espacios y vínculos más allá de lo nacional. El Estado, "atado" a un territorio y estructurado como unidad de asociación política y de organización, va perdiendo preponderancia frente a una globalización de funcionamiento desorganizado y contingente, donde la pobreza, el terrorismo y los problemas ecológicos, configuran nuevos retos para la política, la ciencia y el funcionamiento institucional en general. Como dice Beck (2000) "pensar [hoy los problemas globales] en clave de Estado nacional hace perder toda capacidad de acción política" (p. 104). Desde su punto de vista y citando a David Held, Beck (1998a) propone la necesidad de un equilibrio de poder pluridimensional entre naciones, organizaciones y hombres, donde los grupos organizados se puedan manifestar autónomamente en relación con determinados derechos y deberes, y visualizándose a los Estados nacionales como cediendo parte de poder y soberanía a instituciones y organizaciones multilaterales. (p. 136).En tal sentido, debemos considerar aquí que la soberanía nacional y la articulación de un Estado en organizaciones multilaterales no tienen por que ser dimensiones excluyentes entre sí. En un marco de interdependencia y cooperación, la eventual disminución de autonomía nacional frente a la institucionalidad multilateral aumenta los niveles de soberanía compartida (Rojas Aravena, 1999, pp. 16 – 17). También Carlos Gutiérrez (2001) al respecto nos dice: "Las diversas tendencias a la globalización (…) nos confrontan con problemas que ya no pueden solucionarse dentro del marco del estado nacional. El vaciamiento de la soberanía del estado nacional seguirá ahondándose y, por tanto, resulta imprescindible proseguir con la ampliación de las facultades de su acción política a nivel supranacional." (p. 12).LOS CONFLICTOS EN EL ESCENARIO GLOBALComo se mencionó, en el actual escenario internacional el desplazamiento de poder desde los Estados hacia actores que están fuera del control político y que muchas veces ni siquiera muestran un interlocutor válido, si es que lo poseen, es un atributo del mundo globalizado. En este marco los conflictos entre Estados no son improbables ni impensables, puesto que éstos siguen siendo los principales protagonistas de las relaciones internacionales.Pero los procesos sociales y políticos, las nuevas amenazas y el accionar delictivo de ciertos actores, también puede constituir un elemento que origine conflictos en las sociedades, sea dentro de los Estados y/o más allá de ellos. No obstante, desde esta perspectiva pensamos que los futuros conflictos se relacionarán especialmente con el accionar de los propios gobiernos, su legitimidad frente a la ciudadanía y las actitudes que esa ciudadanía toma frente a los problemas que los involucra cotidianamente. Es que a fines del siglo XX se pudo percibir un eventual retraimiento del Estado de la vida cotidiana, sea por acción, omisión o por deslegitimación del accionar político ante la sociedad civil. Cabe recordar aquí lo que nos dice Beck (2003), "Sin Estado y sin servicios públicos, no hay seguridad, sin impuestos, no hay Estado. Sin impuestos, no hay educación ni sanidad asequible ni seguridad social, sin impuestos no hay democracia, sin opinión pública, sin democracia y sin sociedad civil, no hay legitimidad, y sin legitimidad, otra vez, no hay seguridad." (p. 42) También Beck se pregunta si "¿no será precisamente la falta de Estado, la inexistencia de estructuras estatales que funcionen, el humus de las actividades terroristas?" (p. 31) En el mismo sentido, Juan Battaleme (2002) nos dice que: "Una nación con debilidades institucionales importantes, va a ver estas debilidades reforzadas por la acción de la globalización que opera desnudando las falencias de los mismos en su ejercicio del control y autoridad (tanto doméstica como internacional), y por la erosión que actores nocivos le hacen." (s.p.) En definitiva, entonces, los conflictos están hoy más referidos a la estabilidad democrática de las propias instituciones nacionales de cada uno de los Estados, a la eventualidad del accionar de grupos terroristas o guerrilleros y a las necesidades insatisfechas de las comunidades. En ese escenario, el rol de la comunidad internacional va adquiriendo preponderancia.LA TENSIÓN ENTRE SOBERANÍA E INTERVENCIÓNConceptualizando la SoberaníaDesde Westfalia la soberanía era – y de hecho aún lo es – el recurso más importante de los Estado en un mundo donde reina la asimetría de poder y los peligros que implican la defensa de estilos de vida y recursos naturales. Bajo ese criterio, debemos coincidir en que cualquier operación internacional de intervención debería hacerse con el consentimiento del Estado que tiene soberanía en ese territorio. (Bellamy Williams y Griffin, 2004, p. 11; Lyon y Mastanduno, 1995, pp. 1 – 5) Tal ha sido el espíritu de la resolución 46/182 de la Asamblea General de la ONU cuando nos dice que " … la soberanía, la integridad territorial y la unidad nacional de los Estado deben ser respetadas …" y que, partiéndose que cualquier Estado tiene el control efectivo de su territorio, cualquier asistencia humanitaria debe contar, en principio, con el consentimiento y petición previa del país afectado. No obstante debemos notar que la expresión "en principio"contenida en la resolución podría estar subordinando, en cierta forma, la soberanía a la tragedia humanitaria. Sobre este tema, Boutros-Ghali reconocía que la soberanía e integridad de los Estados "es crucial para el progreso internacional." No obstante, mencionaba que"el tiempo de la absoluta y exclusiva soberanía (…) ha pasado.", enfatizando que es necesario "encontrar un balance entre la necesidad de una buen gobierno interno y los requerimientos de un mundo más interdependiente." Asimismo, definía las operaciones de paz como "un despliegue de la presencia de ONU en el campo, hasta ahora con el consentimiento de todas las partes involucradas". El problema aquí puede surgir con la expresión 'hasta ahora', 'hasta la fecha' o eventualmente 'hasta aquí' (hitherto en inglés), lo que puede resultar controversial. (Bellamy Williams y Griffin, 2004, p. 12; Lyon y Mastanduno, 1995, p. 2).Desde esa perspectiva, la soberanía estatal no estaría implicando necesariamente un poder ilimitado e irrestricto sobre la población de un Estado, Estado éste que – de hecho –debe proteger los derechos de los ciudadanos, brindándoles aquellos bienes básicos que hacen a la vida, la dignidad y los derechos humanos en general, para poder así enfrentar los problemas de salud, hambre, crimen, conflictos tanto políticos como sociales y riesgos como consecuencia de deterioro ambiental. Pero, frente a las necesidades de protección de los derechos humanos de una población, puede ocurrir que tal vez no exista voluntad y/o capacidad por parte del gobierno soberano para cumplir con tales funciones. Entonces frente a esa situación existiría una suerte de responsabilidad "residual" a través de la cual la comunidad internacional debería actuar moral e interrelacionadamente, donde no cabría la posibilidad de no responder frente a la pérdida de vidas y sufrimiento humano. Esa dualidad en tanto responsabilidad frente a la comunidad internacional y frente a los ciudadanos, se vincularía con el respeto de la soberanía de los Estados, por un lado, y el respeto de la dignidad y los derechos humanos básicos de la población dentro de los Estados, por otro. (Deng, et. al. 1996, Cap 1; Lyon y Mastanduno, 1995, p. 252)La contrapartida de esa responsabilidad de los Estados frente a la comunidad internacional se transforma en responsabilidad de proteger e incluso de reconstruir, puesto que la reconstrucción, en sí misma, no deja de ser de ser una medida preventiva de futuros conflictos o desestabilizaciones. En definitiva, existirían dificultades para articular el concepto tradicional de soberanía – referido más hacia la guerra entre Estados – con las actuales situaciones de violencia intra estatal y tragedias humanitarias. Por tanto las operaciones internacionales de intervención seguramente seguirán desafiando al sistema internacional y las interacciones estatales. Si el mundo ha cambiado, tal vez habría que redefinir instituciones e instrumentos que se adecuen mejor a la realidad de hoy.Las intervenciones y su articulación multilateralEntendemos aquí que una de las características de las operaciones internacionales de intervención es el cruce físico de fronteras de un Estado en nombre de la comunidad internacional y con un propósito definido. Esas intervenciones se pueden relacionar con preocupaciones sobre violaciones a valores y principios relevantes, puesto que las eventuales pérdidas de vidas humanas, limpiezas étnicas y demás condiciones de sufrimiento humano, impactan en la seguridad regional e internacional. Pero dichas intervenciones no serían un fin en si mismas sino que tendrían como propósito la transformación de sociedades inestables y violentas en sociedades liberales y demócratas. (Lyon y Mastanduno, 1995, pp. 12 – 14; Bellamy Williams y Griffin, 2004, p. 165; Weiss, 2004, p. 138)En cierta forma este tipo de operaciones internacionales de intervención suspenden la soberanía de un Estado ya que, como nos dicen Rabimov (2005, s.p.) y Rotberg (2003, p. 3), no es posible intervenir o accionar en procura de estabilidad y/o restauración si no existe autoridad sobre el territorio, así como tampoco es posible solucionar el conflicto en un Estado débil e inestable, sin un nivel mínimo de seguridad.De hecho, si bien el mantenimiento del principio de no intervención está vigente en función de la soberanía de los Estados, hoy el imperativo humanitario está pesando cada vez más, especialmente cuando se entiende que existe responsabilidad de la comunidad internacional. Y esta responsabilidad es responsabilidad cuando se interviene frente a calamidades humanitarias, como también es responsabilidad cuando no se interviene frente a la constatación ese tipo de escenarios, lo cual también puede ocurrir en ciertas ocasiones.En otro orden, las operaciones internacionales de intervención han provocado y provocan sentimientos encontrados ya que, en algunas situaciones, las mismas pueden ser percibidas como excusas para el logro de otros intereses ajenos la solución de crisis humanitarias. En ese marco McChrystal, citado por Frye (2000), evalúa las intervenciones internacionales bajo cinco criterios: legitimidad, cuando la intervención es aceptada a los ojos de la comunidad internacional; legalidad, ya que sin base legal las intervenciones son meras invasiones; moralidad, que debe ser genuina y humanitaria; credibilidad, porque hay que cumplir lo que se pregona; y capacidad, dada la gran cantidad de recursos que demandan las intervenciones. (pp. 54 – 71)Desde nuestra óptica hacemos hincapié en la importancia de la multilateralidad en el cumplimiento de operaciones internacionales de intervención. Si bien Hans Binnendikj y Stuart E. Jonson (2004), "… la multilateralidad, si bien contribuye a legitimar "… no garantiza el éxito" (p. xvii), siguiendo a Lyon y Mastanduno (1995, p. 12), se considera aquí que la multilateralidad es la clave ya que una intervención multilateral es más "legitimable". Siendo que "multilateral" es un adjetivo que califica un funcionamiento institucional, la multilateralidad está brindada por los participantes y el accionar es el resultado del liderazgo institucional en función a los principios que los unen. (John G. Ruggie1993, pp. 3 – 47) Entonces, el primer elemento que caracteriza la legitimidad de una intervención es que su definición deberá provenir de organismos multilaterales manifestando su interés en intervenir.Pero desde esta perspectiva también la legitimidad deberá provenir del análisis que haga cada Estado cuando vaya a participar en la operación internacional de intervención en sí misma y para cada caso concreto. Es ahí donde pensamos que también se manifiesta una nueva aproximación de la soberanía estatal. La multilateralidad legitima internacionalmente y cada Estado tiene la posibilidad de legitimar interna e institucionalmente, de acuerdo a su propio marco y esquema de valores. En resumen, una apreciación de situación tamizada de acuerdo a valores nacionales brindaría legitimidad interna al Estado participante, a la vez que la multilateralidad brindaría la legitimidad internacional cuando se implementan intervenciones.Pero la multilateralidad también puede ir de la mano con el regionalismo. Es que, en virtud del conocimiento de los marcos de valores y modos de conducción y liderazgo, para la implementación de operaciones internacionales sería importante tener especialmente en cuenta la participación de aquellos Estados de la región en la que el escenario conflictivo está ocurriendo. El involucramiento de Estados de la región en los eventuales conflictos, aunque siempre manteniendo un adecuado balance entre las razones del conflicto propiamente dicho y las agendas de los propios Estados participantes, configurará un accionar más eficaz en procura de objetivos compartidos por la comunidad internacional.En tal sentido Lyon y Mastanduno (1995) también nos dicen que existe una gran dificultad en determinar la legitimidad o no de la comunidad internacional como tal, en función de las diferencias entre los marcos de valores e intereses que existe entre países desarrollados y otras regiones del globo. (pp. 250 – 265) Tal vez la pregunta más importante sea "¿quién determina que un Estado no está cumpliendo con sus obligaciones y (por tanto) se justifican intervenciones?" (p. 8).(1) The Responsibility to Protect: Report (2001), "The Policy Challenge" (pp. 1 – 9).(2) Ampliando la idea, Anthony Giddens define el concepto de "instituciones concha", a aquellas instituciones " . que se han vuelto inadecuadas para las tareas que están llamadas a cumplir". También en ese sentido Ulrich Beck, (2000) nos menciona: "el inmovilismo de las instituciones está en contradicción con una sociedad cuya vida cambia" (p. 24).(3) http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/589/36/IMG/NR058936.pdf?OpenElement (Recuperado el 2/8/2010).(4) The Challenges Project, Challenges of Peace Operations: Into the 21st Century – Concluding Report 1997 – 2002. (2002), "The Changing Concept of Security" (p. 41).(5) The Responsibility to Protect: Report (2001). "The Policy Challenge". (pp. 1 – 9) "The Responsibility to React" (pp. 29 – 35) "The Responsibility to Rebuild" (pp. 39 – 45); The Responsibility to Protect: Research, Bibliography, Background. (2001) "Rights and Responsibilities" (pp. 129 – 153). *Licenciado en Ciencia Política, Universidad de la República de Uruguay. Se ha desempeñado como asesor del área política en el Centro de Altos Estudios Nacionales y en la Escuela de Comando y Estado Mayor Aéreo de la Fuerza Aérea Uruguaya. Fue el Secretario General del Centro de Estudios Estratégicos del Ejército Nacional durante el período 2002 – 2004 y Consejero de Institutos de Formación Militar del Ministerio de Defensa Nacional durante el período 2008 – 2010.BIBLIOGRAFÍA Y OTRAS FUENTESLibrosBellamy, Alex J., Paul Williams and Stuart Griffin. (2004) Understanding Peacekeeping. Malden, MA, USA: Blackwell Publishing Inc.Binnendijk, Hans and Jonson, Stuart. (2004) Transforming for stabilization and reconstruction operations. Washington D.C. USA.: National Defense University.Beck, Ulrich. (2003) Sobre el terrorismo y la guerra. Barcelona: Editorial Paidós Asterisco.Beck, Ulrich. (2000) La democracia y sus enemigos. Barcelona: Editorial Paidós.Beck, Ulrich. (1998a) ¿Qué es la globalización? Buenos Aires: Editorial Paidós.Beck, Ulrich. (1998b) La sociedad del riesgo. Barcelona: Editorial Paidós.Brown, Chris. (2002) Sovereingty, rights and justice. Malden, MA, USA: Polity Press in association with Blackwell Publisher Ltd. Cambridge – Oxford.Chomsky, Noam. (2006) Failed States: the abuse of power and the assault on democracy. New York: Metropolitan Books.Deng, Francis; Kimaro, Sadikiel; Lyons, Terrence; Rotchild, Donald and Zartman, William. (1996) Sovereignty and Responsibility. Washington D.C.: The Brookings Institution, R. R. Donnelley and Sons Co.Einstein, Albert y Freud, Sigmund. (2001) ¿Por qué la guerra? Barcelona: Editorial Minúscula.Frye, Alton. (2000) Humanitarian Intervention: Crafting a Workable Doctrine. Washington DC: Brookings.Giddens, Anthony. (2000) El mundo desbocado. Madrid: Taurus.Lyon, Gene and Michael Mastanduno, (1995) Beyond Westphalia? State Sovereignty and International intervention. Baltimore, MD, USA: The Johns Hopkins University Press.Rotberg, Robert. (2003) When States fail: Causes and Consequences.Princeton, N.J.: Princeton University Press.Ruggie, John Gerald. (1993) Multilateralism Matters: The Theory and Praxis for an Institutional Form. New York, NY: Columbia University Press.The Responsibility to Protect. (2001) International Commission on Intervention and State Sovereignty. Ottawa, Canada; International Development Research Centre.The Challenges Project, Challenges of Peace Operations: into de 21st Century. (2002) Stockholm: Elanders Gotab.Weiss, Thomas G. (2004) The Sunset of Humanitarian Intervention? The Responsibility to Proterct in a Unipolar Era, Securiy Dialoue. New York: The Graduate Center, The City University of New York. Vol. 35(2).ArtículosRotberg, Robert. (2002) Failed States in a World of Terror, Foreign Affairs, Vol . 81, Nº 4, July / August 2002. pp. 127 – 140.The Status that fail us. (2007) Foreign Policy. July – August. pp. 54 – 63.Publicaciones ElectrónicasAtwood Brian. Security and Development University of Minnesota; Minneapolis, MN US Humphrey Institute of Public Affairs. Recuperado el 27 de octubre de 2007 en http://www.un-globalsecurity.org/pdf/Atwood_paper_security_devlpmt.pdfBattaleme, Juan. Soberanía y amenazas asimétricas: volviendo a pensar el principio de no intervención en los albores del siglo XXI. Argentina Global. Nº 11. Octubre – Diciembre de 2002. Recuperado el 15 de enero de 2004 dehttp://www.geocities.com/globargentina/Batt02.htm.Brahimi Report. Recuperado el 9 de agosto de 2010 dehttp://www.un.org/spanish/peace/operations_report/Carlos Gutiérrez (2001) Concepto de seguridad: más que fronteras, un tema de supervivencia global. Recuperado el 9 de agosto de 2010 dehttp://www.cee-chile.org/publicaciones/revista/rev02/rev2-1.pdfRabimov, Stephan. Threats of Weak, Fragile, Mailing States and Mitigation Strategies. Global Political Risk Consulting, LLC. Recuperado el 27 de febrero de 2005 en www.grprisk.comRojas Aravena, Francisco (1999). América Latina y la seguridad internacional. Contribuciones y desafíos para el siglo XXI. OEA Foro El futuro de la seguridad internacional en el Hemisferio, CP/CSH-INF 2/00 Recuperado el 9 de agosto de 2010 dehttp://www.oas.org/csh/docs/Francisco%20Rojas%20Aravena.pdf

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Of itj half hundred bpeoial-cf value and importance, the most attractive to uo i.i itj otymolopy, an un-failin :. i iiirce of interest and enjoyment, ofteu of surpriseand wonder.—OCTOM'EI:, 18%. G. & C. HEKRIA9I CO., Publishers. Springfield, Mass. The College Metcufy. fOL. V. GETTYSBURG, PA., JULY, 1897. No. THE COLLEGE MEfiCUfiY', blished each month during the college year by the Students of Pennsylvania (Gettysburg) College. ■ SMITH, 'g8. : E. FLECK '98. : W. WOODS, '9! STAFF. Editor: E. L. ,KOLLER, '98. Associate Editors : J. H. MEYER, '99. J. H. BEERITS, '99. H, C'. ROEHNER, '99. R. D. CLARE, 1900. Alumni Association Editor: REV. D. FRANK GARLAND, A. M., Taneytown, Md. Business Manager: J. W. WEETER, '99. Assistant Business Manager: j. A. MCALLISTER, '98. T f One volume (tell months), . . . $1.00 1 ERMS ■ j Single copies, . . ' . . 15 Payable in advance .11 students are requested to hand us matter for publication, he Alumni and ex-members of the College will favor us by sending information concerning their whereabouts or any items they may think would be interesting for publication. All subscriptions and business matters should be addressed to the Business Manager. Matter intended for publication should be addressed to the Editor. Address, THE COLLEGE MERCURY, Gettysburg, Pa CONTENTS. COMMENCEMENT WEEK, - 79 BACCALAUREATE SERMON, - - 79 ADDRESS TO Y. M. C. A , 80 CONCERT BY THE MUSICAL CLUBS, 80 JUNIOR ORATORICAL CONTEST, 81 CLASS DAY EXERCISES, 8r CLASS AND FRATERNITY BANQUETS, - - - - 82 COMMENCEMENT ORATIONS, 84 GRADUATES AND HOME ADDRESSES, - - 85 DEGREES CONFERRED, 8? CLASS POEM, '97, --■-• --- .*.* g- UGHTH ANNUAL TENNIS TOURNAMENT, - - - - gg A RESUME OF ATHLETIC MATTERS, - - . 86 COLLEGE LOCALS, . 87 MOVEMENTS OF OUR ALUMNI IN THE PAST FEW WEEKS, - SS AMERICA'S NOBLE SON, - " STATE POLITICS IN PENNSYLVANIA. - - - - - 9o COWIWIENCEIVIENT WEEK. SUNDAY, MAY 30 TO FRIDAY, JUNE 4. Commencement is over. The class of '97 have been graduated and have gone. The ex-ercises of the past week have been of the most enjoyable nature, and everything has been done without a flaw—truly a grand success. For the greater part of the week we were fort-unate in having the most perfect days for our Commencement, especially Wednesday, and. this added in no small degree to the magnifi-cent success of the whole occasion. The Senior class who have just been gradu-ated, will indeed be missed from the ranks of old Gettysburg. Their successes in literary matters and in athletics have raised them to such a position in the estimation of all the un-dergraduates that we feel as if the vacancies occasioned in all departments of college ac-tivity by their departure will indeed be hard to fill. While we do not believe in all this talk about "fighting the battle of life," etc., yet the MERCURY hopes that each and every member of the class of '97 will attain the best of success in whatever they undertake. The order of exercises during the week will be followed in the recounting, just as they oc-curred, and the most important events will be given. BACCALAUREATE SERMON. COLLEGE CHURCH, SUNDAY, IO.30 A. M. The Commencement exercises of the Col-lege and Seminary opened in Christ Lutheran church, Sunday morning. The Baccalaureate sermon was delivered by Rev. M. Valentine, D. D. LL,. D., President of the Theological Seminary, to the graduating classes of both institutions. He based his remarks upon the 18th verse of the 4th chapter of the Second 8o THE COLLEGE MERCURY. Epistle of Paul to the Corinthians, "While we look not at the things which are seen, but at the things which are not seen ; for the things which are seen are temporal ; but the things which are not seen are eternal." The theme of the discourse was based on the right relation of the things of life to per-manent good. Life has its rightful setting in the perspective of eternity. Every life is a failure which is not directed toward the invisi-ble things which endure. The discourse was a masterful one and no partial report could do it justice. Dr. Valentine, in all his many scholarly sermons from the College church pulpit seldom, if ever, surpassed the effort of Sunday, May 30th. ADDRESS"TOT. M. C. A. COLLEGE CHURCH, SUNDAY, 7.3O P. M. In the evening an earnest and forcible ad-dress was delivered to the Young Men's Chris-tian Association of the College, by Hon. W. N. Ashman, of Philadelphia. His discourse was founded on answers to certain objections to religion as raised by men of business and men of science. The speaker argued that the principles and truths of the Christian religion could be fully established when tried by the same tests as are applied in the determination of ordinary busi-ness propositions. The element of the supernatural in religion prevented the application of the rules and methods of scientific investigation where ma-terial facts and substances alone are dealt with. The scientific man is therefore unfair when he applies his methods to the examination of re-ligious questions. The large audience was highly edified with the Judge's clear, forcible, earnest and ex-haustive presentation of the subject. The music at the morning and evening serv-ices was an attractive feature of the session. It was furnished by the highly efficient choir of the church, assisted by Miss Leopold, in-structor of vocal music at Wilson College, who sang several beautiful solos with fine effect, Mr. Segrist, of Lebanon, playing the organ accompaniments. 1 » » CONCERT BT THE MUSICAL CLUBS. BRUA CHAPEL, TUESDAY, EIGHT P. M. The concert this year was a grand success in every way. The audience was without doubt the largest that has ever attended a concert by our musical clubs, and their ability to appre-ciate the selections of the clubs was shown by their judicious applauding, enthusiastic for the humorous songs, and appreciative for the more classic selections. The best selections render-ed were the opening ones of each part, "Schu-bert's Serenade," arranged by C. Kuntze, and "Lead Kindly Light," by Dudley Buck, al-though the humorous encores seemed to elicit the heartiest applause from the boys. Our glee club is to be congratulated upon its excel-lent taste in the selection and rendition of music that is undoubtedly far above that sung by the average glee club; and the college may well feel proud in having had a glee club of such pronounced ability during this year. Four of the eight have been graduated this commencement, Messrs. Ott, White, Arm-strong and Manges, and they will be greatly missed. Our hope is that the next year's class may have excellent material to fill the breach, The stage on Tuesday evening was very taste-fully decorated with potted plants, palms, with the class flower of '97, the daisy. The whole affair was one of beauty, both to the eye and ear. PROGRAMME. PART I. i. Schubert's Serenade, - - arr. C. Kuntze GLEE CLUB. 2. The Serenade, VIOLIN CLUB. 3. Recitation—The Swan Song, Miss GERTRUDE SIEBER, 4. Solo—The Old Grave Digger, • A. G. Henderson MR. MANGES. 5. The Phantom Band, - ' - - A. W. Thayer GLEE CLUB. 6. Violin Solo-Obertass, - - - H. Wieniawski MR. ERDMAN. THK COLLKGK MERCURY. ,r- Lead Kindly Light, Dudley Buck Selected Franz Abt GLEE CLUB. 2. Quartette—(Instrumental) VIOLIN CLUB. 3. Solo—Because I Love You Dear, Mr. NICHOLAS. 4. The Wandering Minstrel's Patrol, - Willis Clark GLEE CLUB. 5. Quartette—(vocal) Selected. Messrs. NICHOLAS, WHITE, KOLLEB and MANGES. . 6. Good Night, - Frank Thayer GLEE CLUB. ORGANIZATIONS. GLEE CLUB. 1st Tenors, C. M. Nicholas, '98 17. W. Ott, '97 1st Bass, E L. Roller, '98 C. T. Lark, '98 2nd Tenors. C. G. White, '97 E. A. Armstrong, 2nd Bass, Lewis C. Manges, '98 Harry Musselman. VIOLIN CLUB. H. B. Erdman, '96 C. T. Lark, '98 John M. Gates, '01 A. T. Smith, '00 ELOCUTIONIST, Miss Gertrude Sieber, '97 PIANIST, Geo. A. Englar, '97 JUNIOR ORATORICAL CONTEST. BRUA CHAPEL,, WEDNESDAY, IO A. M. The contest this year, by the six members f the class of '98, for the Recklig prize iu ora-tory, has been pronounced, by those who are competent judges of such matters, better than any for the past few years. There were but Ex contestants, three from each of the Liter-ary societies, but the number was large enough |o make the exercises interesting and not tire-me. The music for the intermissions was famished by the Harrisburg orchestra. The attendance was very large, and, with the ex-ception of the stir and bustle made by those coming and going, excellent order was ob-served throughout. It might be well to say, a word, to the coming Junior class, that they fcould do well to start early to make their preparations for next year's Junior Oratorical, and not only get their best men to compete, put also see that these men do their best. PROGRAM. MUSIC—' Gay Coney Island March"—M. Levi. PRAYER. MUSIC—"Anita" (Mexican Waltzes)—Barnard. The New Slavery, CHARLES E. FLECK* New Kingston Tragedies of the Present. CHARLES M. NICHOLAS,! Beerett, Md. MUSIC—A Kansas Two Step—Pryor. The Emancipation of Cuba, CHARLES B. KEPHART,* Taneytown, Md. True Nobility, ALBERTUS G. Fuss,t Williamsport, Md. MUSIC—Intermezzo (Cavalleria Rusticana)—Mascagni. America's Noble Son, IRA G. BRINER,* New Bloomfield The Present Social Discontent RALPH L. SMITH,! Pittsburg MUSIC—March, "The Girl of '99"—Zickel. BENEDICTION. *Phrenakosmian. fPhilomathsean. The judges, Dr. Weigle, of Mechanicsburg, Pa.; Rev. A. R. Steck, pastor of St. James Lutheran church, Gettysburg, and Rev. D. W. Woods, pastor of the Presbyterian church, Gettysburg, made their decision as follows : REDDIG PRIZE IN ORATORY. IBA G. BEINEB, New Bloomfield, Pa. WITH HONOEABLE MENTION OF CHAELES E. FLECK New Kingston, Pa. CHAELES M. NICHOLAS Beerett, Md. Mr. Briner's oration, "America's Noble Son," is published in the Literary Department of this issue. CLASS DAY EXERCISES. COLLEGE CAMPUS, WEDNESDAY, 2 P. M. To some, these exercises by the graduating class constitute the most enjoyable feature of the whole Commencement. And they really are a diversion from the somewhat heavy na-ture of the matter of Commencement week. It lias been the custom to hold the exercises on Tuesday evening of Commencement week, but the change to Wednesday afternoon, has certainly been to make it more convenient for everyone concerned. On the occasion of this year's Class Day exercises, everything seemed to join to make them successful in every way. The afternoon was the most pleasant that could have been desired—not too warm and a slight breeze through the branches above the speakers' platform and the audience made these out-door exercises a delightful affair. 82 THE COLLEGE MERCURY. The platform was decorated with the '97 class colors, nile green and pink, and with potted plants, and the class flower—the daisy. Benches and chairs were provided for the large crowd that was present and all were comfort-ably fixed. The music was furnished by the Commencement Orchestra. The Seniors, in cap and gown, were all seated on the speakers' platform, and certainly made an imposing spectacle. In spite of the general strain of humor and roasting notice-able in all the speeches, there was nevertheless an under-current of sadness at parting, deep down beneath this gay exterior of mirth. Many of the parts were excellent, and we are sorry that space will not permit our pub-lishing several of the papers, for a very meagre idea of the character of them can be gotten from the program. PROGRAM. Muster 01' Ceremonies,.:.: :.: :::: BIKLK MUSIC. Class Roll ^!V.K-.::-.:::::y.v.w.v.-.-.v.-:.v.v. WHITE Ivy OMitIo&i:::'.v.»»i:»u:s'.u.'.u»usisn ENGLAR Ivy Poem,.; :.OTT MUSIC. . Ciass History,. '■■'■ • KAIN Class Poem FRIDAY-Our Absent Ones, BUTTON ■ MUSIC. The Loving Cup ERB Conferring of Degrees , MILLER Miintlc Qrationv, .'. LEISENKING Junior Response LABK MUSIC. Presentation of Gifts,. WOLF Prophecy WHEELER MUSIC. At "the close of the exercises, after the mo-tion for adjournment had been put and passed, the class yell was given. (LASS AND FRATERNITY BANQUETS. TUESDAY, WEDNESDAY & THURSDAY NIGHTS. This Commencement was made especially interesting by the several reunions of classes and fraternities, thus bringing back to the old walls those who have been away for many years. Three of the classes, '82, '87 and '93 held reunions, and two of the fraternities, the Alpha Tau Omega, and the Phi Delta Theta. The seniors, also, held their banquet, Thursday night. THE FIRST REUNION OP '93. TUESDAY NIGHT. [Written for the MERCURY by Rev. Diffenderfer, '93.] In reply to the call of the Secretary of the class, Rev. A. J. Rudisill, of New Bloomfield. twenty of the survivors of the class assembled at the Eagle Hotel, on Tuesday evening, June 1st. At 8 p. m., they attended the concerto: the musical clubs in Brua Chapel, in a body. There was a strong temptation to renew old-time customs and habits when some familiar faces entered. An occasional "guy" and out-burst of friendly joking, and a hearty applause for the clubs were the only features of interest. Immediately after the concert was over, the class gathered at the tower door of the chapel and gave their good old yell with a vim and ring, that made the dead spirits of former days arise and hover about them in eager expecta-tion for some old-time trick, or class-rush. At 10.00 p. m., all went to the dining hall of the Eagle Hotel to partake of the splendid "banquet" which "Mine host" Eberhart had prepared. The dining hall was beautifully decorated with plants and palms, and bloom-ing flowers. In the centre of the room, at tie head of the table, was placed a beautiful dis-play of colored electric lights, on a background of Class colors. The bill of fare was elabor-ately prepared, and served in the best style. Mr. Eberhart and his efficient corps of waiter-did all they could to make the banquet a grand success. Well, did we have any fun? There U Niels L. J. Gron, our Danish brother, with his sedate and dignified bearing; dreaming of some fair and beautiful form which had presented to his sight in some far off across the sea. "Niels" looks as genteel refined as ever, ready at a moment's noticett| say "maecanos el evis," etc. Then "Bisl Grimes' calm, sedate, peaceful countenance wondering why Prof. Himes didn't call 011M to recite, as it was his "turn up," and Frank' THE COLLEGE MERCURY. 83 Melanchton Bortner with his favorite ■Penn'a Dutch" brogue, saying to Dr. Martin, "I am sitting on the front row, and never of-fered any criticism, but made that noise.'' And I'Judge" Alleman, with his serious counte-lance and dignified demeanor, wondering 'What the deuce we can get up to start a racket." And "Bill" Vastine, the Catawissa iase ball magnate, singing his beautiful ('falsetto," to "The Old Oaken Bucket," and leclaring that either he or Prof. Nixon must |ake more physical exercise, or travel with a Dime Museum. Then think of "Sail" Tur-ber "kicking" about the bill of fare not pro-biding the extras, "Mumm's Dry," etc., rais-ing a row about everything in general, then laughing at the excitement he had caused. Ime old "Ajax," boisterous and demonstra-te Andrew Jackson Rudisill, who always vas the "noisiest" man about the Dormitory. Then all the others, Geesy, Kline, Hilton, 3aum, "Neudy," "Whiskers" Ehrhart, oh, they were all boys back to college again, and "Diff," the Proctor, as lenient as ever. A beautiful menu card had been engraved by E. A. Wright, the class cut on first page, ind menu in class colors next, toast and offi-cers following: Toast master, Hilton. "Our First Reunion,'' E. Gettier; "Our Alma Mater," G. M. Mffenderfer; "The Future Prospects of a Col-lege Widow," E. E. Parsons; "Daw: What it is, and What it Does," F. M. Bortner; "The Traveller in all Eands," N. L. J. Gron; "Gos-pel: What it is, and what it Does," M. J. nine; "Eife in a University," E. E. Seyfert; "The Blessings of a Bachelor," E. E. Neude-vitz; "High Eife at Washington," J. C. Bow-rs; "Fun we had in College," W. M. Vastine; "Pleasures of a Doctor's Eife," M. S. Boyer; "What '93 Did for Athletics," G. E- Hipsleyj 'Our Honored Dead," W. H. Ehrhart; "Our lost," A. J. Rudisill. In the "wee small" hours of the morning ye adjourned, after having passed a Resolu-tion to meet again in 1900, the same commit-tee to be continued. What a pleasure it was to meet again amid these old familiar scenes; even the town "kids" recognized us and shouted "there goes '93." Let us all endeavor to be present in 1900, if we live, and make it the occasion of our life, and aii epoch in the history of the College. REUNION OP '82. [Written for the MERCURY.] The reunion of '82 was held at the Eagle Hotel, on Wednesdaj' evening of Commence-ment week. The menu was excellent—such as the Eagle knows how to arrange—and all the old fellows who were back enjoyed this part immensely. The banquet was not marked by its lengthy addresses or "toasts," but there was a general good social time had, and the whole affair was very informal. Of course we all had to tell what happened since we met last, and this really constituted a greater pleasure than "toasts" would have af-forded. The proposal of a reunion at Phila-delphia in the near future was met with ap-plause. Of the twenty-three living members of the class, there were thirteen present at the banquet. . REUNION OF '87. [Written for the MERCURY by Rev. H. C. Allemau, '87.] The announced reunion of the class was abandoned because so few of the boys could be present at Commencement this year. Charles E. Stahle, Esq., invited the six faithful who made the pilgrimage to his home Wednesday evening, where an impromptu reunion was en-joyed. Those present were Parr, Crouse, Sny-der, Snively, Wolf and Alleman. After re-freshments the silver class-cup was presented to Harold F. Snyder, the first son of'87, born May 19, 1891. Regrets were read from Hol-zapfel, Coover, Croll, Brame, Fishburn, Fisher, McDermod, Dreibelbis and Bateman. "Non vi sed saepo cadendo" was again ex-tolled, and pledges made for social meetings every year and a reunion every decade. ALPHA TAU OMEtJA BANQUET. WEDNESDAY NIGHT. The Banquet was held at the Eagle Hotel at 11.30. Many of the Alumni of the Chapter ,84 THK COU,EGK MKRCURY. were present, making an attendance of twenty-three in all. The toasts were as follows : Franklin Menges, Ph. D., '86, Toast Mas-ter; Geo. M. Hosack, Esq., "TheFraternity;" L. DeWitt Gerhardt, Esq., '84, "Our Early Days;" Morris T. Brown, '92, "A. T. O. in Business;" F. M. Bortner, Esq., '93, "A. T. O. in the Professions;" Win. O. Nieklas, Esq., '94, "College Reminiscences of an A. T. O.;" W. H. Menges, '96, "The Spirit of Our Alumni;" C. B. Erb, '97, "Our Ladies;" J. A. McAllister, '98, "The Goat." PHI DELTA THETA BANQUET. WEDNESDAY NIGHT. The Hotel Gettysburg was the place of the banquet. The Ahunni of the Chapter helped to add to the spirit of the occasion by their presence. The toasts were as follows : Rev. H. H. Weber, Toast Master. "Why We are Here," Rev. L. S. Black, '88; "Our Position in the Fraternity World," J. S. Eng-lish, '94; Our Alumni Phi's," G. H. Eckels, '95; Our College Phi's," J. H. Beerits, '99; "A Phi's Start in Life," J. W. Ott, '97; "Our Bumper Billy," B. F. Carver, '00; "My New Guardians," Rev. M. J. Killian, Va. Alpha; "Phi Recollections," B. R. Lantz, '94; "Next Year's Chapter," J. C. Markle, '00. SENIOB CLASS BANQUET. THURSDAY NIGHT. A very fitting close to the existence of '97 at Gettysburg, was the Banquet held at the Hotel Gettysburg, on Thursday night. The intention was to have a final reunion of the class and its ex-members before the class leaves. Ten ex-members were invited to be present, some of whom responded. The Ban-quet was a purely informal affair, its object being, as expressed by one of the Seniors, to have "a good time;" and from all accounts they had it. There were twenty present, and little informal addresses were made by R. N. Stable, H. Sheely, and C. G. Smith, M. D., ex-members of'97, and by C. B. Erb, White Hutton and P. J. Shriver, of the graduating class. The menu was an excellent one, and from many sources and for many reasons, we know that everybody had "a good time." (OHMENCEM ENT ORATIONS. BY THE TEN MEMBERS OF THE GRADUATING! CLASS, BRUA CHAPEL, THURSDAY, 9 A. M. Up to Thursday, the weather during Com-I mencement week was of the finest, but on the■ morning of Commencement day, it rainedl quite heavily for some time. However, the I audience that assembled in the Chapel to hear the orations, did not seem to be at all fright-ened by the unfavorable condition of the elej rnents and the Chapel was well filled. ORDER OF EXERCISES. MUSIC—March "Corps do Sards"—Oodfrej. PRAYER. MUSIC-Melody in F-Eu.binstein. Latin Salutatory GEORGE F ABEL, Philadelptil Chri-tian Socialism, ELKANAH M, DUCK, Spring Mill The Extiniof the Laborer'sGrievance, ARTHUR B. COBLE, Lyki«| MUSIC— "Pilgrim Chorus" (Tannhaonser)—Wagner. The Unification of Science GEORGE HAY KAIN, Vat| State Politics in Pennsylvania,.HORACE E. CLUTE, Harriskil The Chief Religious Problem of the Age, HENRY R. SMITH, Chamberslui|| MUSIC—March, "The American Girl"—Herbert, Physical Training for the Twentieth Century, CLIFTON G. WHITE, Manhtii| Greece and the European Concert, ROBBIN B. WOLF, Gettysbnil MUSIC—"Bolero" (Spanish Dance)—Moszkowsky. Sixty Years of Queen Victoria, A. GERTRUDE SIEBER, Gettysbin| The Curtitls for To day, with Valedictory, HENRY WOLF BIKLE, Gettysteq| MUSIC -"Im Tiefen Keller" Fantasie—Lovenberg. CONFERRING OF DEGREES BY THE PRESIDENT. MUSIC-March, "Old Club "—Schremser. BENEDICTION. HONORS AND PRIZES. FIRST HONOR. HENRY WOLF BIKLE Gettysburg. GEORGE F. ABEL Philadelphia. ELKANAH M. DUCK Spring Mills. SECOND HONOR. HORACE E. CLUTE, Harrisburg. G. HAY KAIN York. ANNA G. SIEBER, (two years) Gettysburg GR/EFF PRIZE, FOR BEST E9SAV ON 7HE RELIGIOUS FAITH OF ROBERT BURNS. AS SHOWN IN HIS PO*' GEORGE F. ABEL Philadelphia. | WITH HONORABLE MENTION OP HENRY WOLF BIKLE Gettysburg. THE COEEEGE MERCURY. 85 HASSLER GOLD MEDAL, JUNIOR LATIN PRIZE. B>MUND W. MEISENHELDER York. WITH HONORABLE MENTION OF b. L. KOLLER, Hanover. BtALPH L. SMITH Pittsburg BAUM SOPHOMORE MATHEMATICAL PRIZE. feRTHUR S. BRUMBAUGH Roaring Spring. BOS. N. K. HICKMAN Steelton. WITH HONORABLE MENTION OF &ACOB D. SNYDER McKnightstown. J(HIX F. STALEY, Middletown. [WHEN 0. DIEHL Bedminster. MUHLENBERG FRESHMAN PRIZE. FOR BEST GENERAL SCHOLARSHIP. OTHER A. WEIGLE Mechanicsburg. WITH HONORABLE MENTION OF [WILLIAM W. FREY York. BEDDIC PRIZE IN ORATORY. [iKA G. BRINER ; New Blcomfield. WITH HONORABLE MENTION OF EA.RLES E. FLECK, New Kingston. 3ARLES M. NICHOLAS, Berrett, Md. ♦—♦—♦ I GRADUATES AND HOME ADDRESSES. BACHELOR OF ARTS. George Ferdinand Able, Philadelphia, Pa. [Ernest Adelbert Armstrong, Hellam, Pa. [Henry Wolf Bikle, Gettysburg, Pa. :harles Roy Coble, Eykens, Pa. jthur Byron Coble, Lykens, Pa. Elkanah Maximillian Duck, Spring Mills, Pa. [George William Englar, Linwood, Md. Frederick Whipp Friday, Jefferson, Md. White Hutton, Chambersburg, Pa. Bamuel Jacob Miller, Edgemont, Md. John William Ott, Rocky Ridge, Md. Pearl Johnston Shriver, Gettysburg, Pa. Anna Gertrude Sieber, Gettysburg, Pa. Henry Rouzer Smith, Chambersburg, Pa. William Rufus Stahl, Hay's Mills, Pa. Philip Thos.Em'y Stockslager,Funkstown,Md. William Edward Wheeler, Baltimore, Md. [Clifton Glemm White, Manheim, Pa. [obbin Bayard Wolf, Gettysburg, Pa. BACHELOR OF SCIENCE. Horace Edwin Clute, Harrisburg, Pa. Charles Eeroy Boyer Erb, Boyertown, Pa. George Hay Kain, York, Pa. Fran'l'n Schoch Eeisenring,Chambersburg,Pa. r^wis Clarence Manges, Felton, Pa. John Elmer Meisenhelder, Hanover, Pa. Class Motto—Pertinax Animo. Class Colors—Pink and Nile Green. Class Flower—Daisy. Class Yell— Pertinax Animo, Rah ! Rah !.! Rah ! ! ! Ninety-Seven, Ninety-Seven, Gettysburgia. ~*-~^ ♦- DEGREES CONFERRED. COMMENCEMENT DAY JUNE 3. A. M. Prof. H. A. Allison, '94, Rev. R. W. Mottern, '94 " c- p- Bastian, 94, • koehuer, c f. Burns, p Herman, 1. f. Brown, r f. Spealman, r. f Wolf, 1. f. Loudon, r. f. Lawyer, r. t Gettysburg College, Opponents, 273 ::s 63 269 19 12 S". .11 .125 .875 .292 .171 .340 .233 .304 .222 .000 .200 .000 .143 .231 .15fi Pastor of the Quincy charge, in Franklin ounty, Pa. '94- Rev. Matthew S. Kemp, of Hazleton, Pa., has received a call from Smithsburg, Pa. Mr. Kemp graduated last week from Gettys-burg Seminary. '94. Fred. Bloomhardt, of the University of Pennsylvania, spent a short time at his home Tiring the latter part of May. >" AMERICA'S NOBLE SON. JNIOR PRIZE ORATION BY I. G. BRINER. We are to-day standing upon sacred ground. Q the war of '63 these hills and mountains echoed and re-echoed with the cannon's awful roar. For three days the mighty columns of the Southern Confederacy surged against our hues. Sometimes our phalanx faltered. Some-times it broke. But in the final and awful charge, made by Pickett's men, victory was forever emblazoned upon our immaculate ban-ner. To-day, behold ! how changed. The gory and tattered flag has been cleansed by more than three decades of sweet peace and wel-comed prosperity. In our National Cemetery those, who loved their country and their homes better than their lives, now repose in silent sleep. Their tombs are covered with earth's richest mantle. By their side stand stately trees with waving boughs and wide spreading branches. Over them the happy children scatter fragrant flowers, while the sun looks down, from the vaulted sky, and smiles. The relatives and friends of the heroes come close to those mounds and shed a loving and parting tear. But even weeping will not make sacred this ground. In his dedicatory speech Abraham Lincoln said, "We cannot hallow this ground, the brave men living and dead who fought here, have hallowed it far above our powers to add or detract." Not only do we revere and honor the meni-of those who sleep here, but we would hold in grateful remembrance every man who has p'-oven a friend and defender of our national faith and honor. Many there are to whom we can point with pride. Men, who, on the bat-tlefield, exhibited the greatest skill, bravery and courage. Those, when duty called, pressed forward into the thickest of the con-flict, that our freedom might be won and our beloved Union preserved. Those, when en-trusted with national honor, had dignity and manhood enough to keep it pure and unsullied. Among the host of such Americans shines, in undimmed splendor and glory, the name of* Ulysses S. Grant. His deeds of courage and bravery, his genuine high statesmanship and Christian character will ever be remembered and held in high esteem by all men who love the land of the free and the home of the brave. In our sister state, only four weeks ago was dedicated to his memory a beautiful and mas-sive memorial. By this act a premium was placed upon the actions of great and good men. This silent witness, as its beauty is reflected in the peaceful waters of the Hudson, is but a slight token of the Nation's gratitude for him. Historians tell us, as a soldier General Grant stood without a peer. To him was entrusted the closing scenes of an awful conflict. In him the nation saw a leader fearless and un-daunted as well as tender and kind. When his forces stormed Fort Donelson with heavy charges, the commander asked for terms. THE COLLEGE MERCURY General Grant replied : "No terms except unconditional and immediate surrender can be accepted. I purpose to move immediately upon your works." On the other hand, when Lee was over-powered and the Southern army shattered, it was General Grant who proposed that the soldiers who had horses should retain them. He said, "The men will need them in plowing their fields, when they return to their homes." During the four years of this civil strife he had the confidence and esteem of soldiers and officers. With a unanimity that was never disturbed by an audible voice of dissent, the two million veterans gave to him supremacy over all the other officers under whom they served. The battles of the Wilderness, Spottsylvania, Cold Harbor and Five Forks have immortalized his name among the greatest generals of the earth. How beautiful thus to see blended in one man true humanity, mingled with pure patriotism and undaunted courage. When our beloved country was yet tremb-ling and groaning from the shock received by the Civil war, news came to General Grant that he had been nominated for President of the United States. In his letter of acceptance he penned the words which are sweetest to those who have seen the horrors and ravages of war: ' 'Let us have peace.'' But this man was opposed to even having peace until he was sure it would be universal and abiding. Later in his official capacity he affirms that he would have "no policy to enforce against the will of the people." His entire adminis-tration is a living testimony that these words came forth from a heart radiant with truth. The character of this great man stands out clear and strong. Those that know him best saw in him a man in the truest sense of the term. Other men might be swerved from the path of duty by the temptations so numerous and strong in public life, by disappointed and coveting office seekers, by streams of immor-ality and waves of infidelity, but General Grant turned these discouragements and sins into stepping stones by which he arose to where his character to-day shines with tin-dimmed luster. When he assumed the functions of the Presi-dential office his highest ambition was to prove a worthy and trusted leader. He had learned through the great and far-reaching lessons taught by Jesus of Nazareth, "he that is greatest among you shall be your servant." He possessed abiding confidence! the honesty and intelligence of his coiuitr men, and always retained his deep holdup their affections. With Washington and Li: coin, Grant has an exalted place in our com try's history. When his monument was dedicated tha were present representatives from all brands of our Government, the resident officials < foreign nations, the Governors of the state and the sovereign people from every sectio of our common country. What a glowii tribute thus to pa}' to one who has reachedti; highest pinnacle of human distinction. Tt story of this man's life is worthy the conten plation of the ages. Now that beautiful memorial, honor of this General, Statesman, and Christian Gentleman, risees majesty before us. May it thus point us a individuals, and as a nation, to a higher splie of living, and clearer and more sublime fellow-ship with the God who rules the destiny rf Nations. erected i: President in siletl STATE POLITICS IN PENNSYLYANIl SENIOR ORATION, BY HORACE E. CLUTE, ') In examining the political situation in Pen sylvania we must feel, first of all, the needo! liberal point of view. If our position be thati patriots, we must consider all sides. It is nea less to say that this is, in its very nature, « a party question but one appealing to the leji imate interest of every loyal citizen of ti "laud of Penn." At a time when so much:: terest is being taken in the political affairs! our own Commonwealth, a broad basis for criticism must seem important. A certain gree of conservatism on the one hand, anda the other, an insistence on a full and da light on every part of our political svstea should characterize our consideration. In a question of this kind, the compart view will be found helpful to the broader bas we have referred to. What conditions at problems are met and settled in other state Nor need our range be confined to this con-try. European systems will be found uioreo less rich in political suggestion, when co: pared with our own. And we can readilyni derstand how a foreigner should be able! take this comparative view better perhaps tb any of us. The question touches us • closely. Professor Bryce, an Englishman eminence, furnishes, in his "American Cd THE COLLEGE MERCURY. 9i The! IS legit- I lb stec rafc bas ; as .ate :oE mi co: yd ile: tkjl ■an |Cc: I mwealth," an excellent illustration of this, onsiders the working and conditions of j"r political institutions in relation both to Hose of his own country and to each other in |e different sections and Commonwealths in ,is country. He says: "The spirit and force fcarty has, in America, been as essential to lie action of the machinery of government as team is to the locomotive engine. His view i briefly this: "in Europe the parties stand for jiiciples, in America they do not;" in the one 1'issues have never been lacking which Sought their respective principles into opera- En:" in the other "the chief practical issues which once divided the parties have been set-fled." In spite of the heated discussion and the definiteness in issue of the last-presidential campaign, we Americans cannot deny that fhere is much truth in his view and particu-larly as applied to State politics. What great principle does the Republican or the Demo-cratic party stand for in State elections? Does the citizen vote on some State issue or because R: wants his party to get the spoil? Bryce aptly says: "Bringing men up to the polls is like passing a stone roller over stones newly laid on a road." As the angularities in the stones are pressed out so individuality is merged into party. We fear this is what has happened very largely in Pennsylvania. Yet if asked to analyze the present political condition, we should say that it is perhaps nearer a transition, a revolution, from the existing order of things, than a solid-fying in them; recent indications seem to point in that direction. Prominent among these we might mention the withdrawal from power of a. U. S. Senator whose sway has extended for a number of years; though a candidate put forward by a boss took his place it was not without comparatively formidable opposition and the absence of the impliciteness with which many former behests were obeyed; and it is believed by some that if brought up now this candidate could not be elected. It is prob-ably true, as some one suggests, that the pres-ent legislature —the House at least—is more its own than in some former sessions. Citizens Reform Leagues and Associations, though aim-g more especially at municipal reform, show a marked tendency, not always appearing on e surface, to wipe out political corruption. The recent formation of Business Men's Leagues throughout the State, whatever news-papers may say about the aims of the leaders Jf the movement, shows a rebellion on the part 'fa very substantial proportion of our citizen-ship against the existing order of things. The recent exposure, on the part of contractors and others in possession of the facts, the waste of the people's money in "padded" bills, appro-priations, &c, may also be added to the gen-eral indications. We may think that a great hue and cry is raised about the corruption and degradation of Pennsylvania politics, and that the real con-dition is exaggerated. Perhaps the way to get anything like an accurate idea, is to investigate along the line of just what a real reform would mean, how many points it must touch, and how fundamental it must be, to cope with the enormousness of the task. It is not an overstatement to say that the system of bossism has in this State received flattering encouragement. (It is a continuation of the medieval "sale of indulgences" and we need a Luther to expose it!) It is the people we ought to censure, to censure the boss is a waste of breath. Yet we would not say this without two words, one as to the boss, the other from the side of the people. To one who says to us : "We need men of executive ability, bosses if you please," it is sufficient to reply simply by distinguishing the term "leader and boss;" by the former is suggested the idea of one who by natural selection or otherwise leads a new movement, by the latter the foreman of a gang of foreign laborers out in some Western railway cut; the arguments of the one are listened to; the orders of the other are mechanically obeyed. Why do the people endure it? Well, first of all, they have arrayed against them a machine, and to resist its clock-like movement is 110 easy matter. You will perhaps meet one class of persons who speak of "necessary evils." We deny their existence ! There is no reason under the sun, save the weakness of men, why our Commonwealth should not be a perfect Utopia! Eltwood Pomeroy, in the April Arena, char-acterizes another class." "I know of men," he says, "honest, honorable, capable, who have refused to vote for over a quarter of a century. They say it is no use." As cit-izens, however, we must remember that the use of that silent weapon, the ballot, is not only a privilege but a duty. Let us be sure that there are thousands in Pennsylvania who have not in their heart of hearts bowed the knee to the Baal of bossism. Perhaps no bet-ter counsel can be given to the true citizen than the words of the poet: "Be noble and the nobleness that lies In others, sleeping but never dead, Will rise in majesty to greet thine own." ADVERTISEMENTS. Classical Course for the Degree of A. B. II. Scientific Course for the Degree of B. S. III. Post-Graduate Course fcr the Degree of Ph. D. IV. Special Course in all Departments. V. Elective Studies in Junior and Senior Years. VI. New Testament Greek and Hebrew in English Bible Departinj Observatory, Laboratories and new Gymnasium. Four large buildings. All b heated with steam from central plant. Libraries, 25,000 volumes. Fine Museum. Expi low. Department of Hygiene and Physical Culture in charge of an experienced physid Accessible by frequent railroad trains. Location, on BATTLEFIELD of Gettysburg;" pleasant and healthy. PREPARATORY DEPARTMENT, in separate buildings, for I and young men preparing for business or college, under special care of the principal andtl assistants, residing with students in the building. For full particulars, apply for catalog^ HARVEY w. MCKNIGHT, D. D., LL. D., ?m\ F@ras]?(]w*iiiiia (MUtege, Gettysburg

The laws of history are as absolute as the laws of physics, and if the probabilities of error are greater, it is only because history does not deal with as many humans as physics does atoms, so that individual variations count for more. — Isaac Asimov, Foundation and Empire From a certain point onward there is no longer any turning back. That is the point that must be reached. — Franz Kafka, The Trial INTRODUCTION How ought we characterise the exercise of power in our societies? Are they societies that confine and discipline our bodies, or ones that control us in potentially subtler ways? This article adopts the framework for analysis used by twentieth century French philosopher Gilles Deleuze in his short but defining essay on the subject, 'Postscript on Societies of Control'.[1] It firstly considers the background to the concept of control, then provides a definition of the concept, and, finally, asks whether our society is one of control. It argues that Deleuze is correct to say control has replaced discipline as the primary mechanism of power in our era. ORTHODOXY In order to address the question of whether societies of control are increasingly replacing disciplinary societies, it is imperative first to understand what disciplinary societies are. Discipline is a concept developed most powerfully by Deleuze's contemporary, Michel Foucault.[2] Foucault's philosophy primarily concerns the technologies of power operating within society and their effect on human autonomy. He pursues this study via a genealogical approach; that is, he employs a historical critique to interrogate the workings of powers at play in modern society. In this way—despite his vocal opposition to Hegel—Foucault is very much Hegelian in his belief that close examination of historical parallels and events can clarify and deepen our understanding of present-day technologies of power and how they shape or restrict our autonomy.[3] Through his historical work, which spans various societal and public institutions, Foucault identifies a fundamental change in the mechanisms of power exercised by the state in the eighteenth and nineteenth centuries. He articulates this shift as a transition away from sovereign power to technologies of discipline. This notion of discipline and disciplinary society is perhaps best exemplified by Foucault's enquiry into the French penal system in his Discipline and Punish.[4] The book opens with vivid depictions of public torture and execution in pre-eighteenth century France. Foucault explains that the physicality and the public nature of punishment in the French criminal system up until then was an essential aspect of the exercise of sovereign power. Yet, while brutal public spectacle instilled fear and awe, it also provided public fora for communities to revolt against the perceived injustices of the sovereign. By moderating power through the benevolent reform of the criminal, by the discipline of the docile body, and by the fragmentation of public space into discrete, segregated institutions, state power could be obscured and, thus, maintained. These forces are the hallmarks of a disciplinary society. REVISION In his 'Postscript', Deleuze—building on the work of Foucault—argues that the twentieth century has marked a shift from disciplinary societies to societies of control. A precise definition of control and societies of control has proven to be elusive;[5] it is therefore helpful to consider both the antecedents and critiques of Deleuze's analysis in addition to his work itself.[6] Antecedents Deleuze has attributed the concept of control to William Burroughs.[7] Burroughs, in turn, provides not a definition of control, but brief observations as to its exercise; in truth, his analogies are of only limited assistance when read in the context of mechanisms of power within society at large.[8] Nevertheless, there are two salient points to note. Firstly, Burroughs establishes that when one maintains total or absolute power over the actions of another, they can more accurately be said to be using them rather than controlling them. Secondly, Burroughs shows that control requires concessions and illusions: controllers must make concessions to the controlled in order to maintain the illusion of choice and free agreement, obscuring their true motives in order to avoid revolt. In contrast to Burroughs, Félix Guattari provides an analogy of control that usefully supports the conception Deleuze comes to advance: the gated home and community accessed and exited via electronic cards.[9] This has elements of discipline, as movement being granted or denied constitutes a form of confinement. But, as Deleuze argues, it also represents a departure from the disciplinary society, as 'what counts is not the barrier but the computer that tracks each person's position […] and effects a universal modulation'.[10] Among his identified influences, Deleuze contends that Foucault sees as 'our immediate future' societies of control.[11] Deleuze particularly emphasises that Foucault's work on discipline is historical (focused on the exercise of power in the nineteenth century); we should, therefore, not be so naive as to assume Foucault would not have recognised the possibility of further historical change. Indeed, Deleuze says that Foucault concludes his Discipline and Punish with the explicit recognition that a prison as a physical space is becoming less important in the exercise of power. This, Deleuze suggests, presages a fuller analysis of a new sort of power.[12] Deleuze makes these forceful arguments as to Foucault's understanding of power in response to a critique by Paul Virilio that Foucault did not understand the nature of modern power. Ironically, that critique is also an important precursor to Deleuze's analysis. Virilio argues that the patrolling of the highway—and not the prison—exemplifies the exercise of police power. Deleuze concurs, adding that modern authorities possess predictive technologies that anticipate the movement of subjects and consequently have less need for confining subjects. Deleuzian societies of control That predictive power is a hallmark of control. In his 'Postscript', Deleuze fleshes out this position polemically. It must be noted that Deleuze never attributes any concrete definition to the notion of control itself; he is primarily concerned with how a society of control operates. This section will similarly consider the features and modes of operation that constitute a Deleuzian society of control. Much like with the disciplinary society, the technologies of power that govern a society of control cannot be boiled down to one single technology or mechanism. Instead, there are targeted and multi-faceted ways in which societies of control manage the lives of their subjects. Most fundamentally, there are no enclosures or strictly delineated confined spaces (like, for instance, the disciplinary society's schools, barracks, and factories, which are all subject to clear separation from one another). Instead, there is a single modulation, which allows for the coexistence and connection of various states (the corporation, the education system, and the army are all connected, one flowing into the other). This brings us to the next point: exploring how these spaces or states are connected. The disciplinary society operates on the basis that its subjects start over when they move from one space to another. Though it does recognise analogies between the spaces (the discipline of the school may be similar to the discipline of the army), the spaces and norms are ultimately distinct from each other, with one having little bearing on the other. Societies of control, on the other hand, are predicated on connection between spaces, such that 'one is never finished with anything.'[13] These connections encourage a culture of constant progression or improvement. The question this cultural attitude begs (to what ends is progression and improvement directed?) admits no answer. There are also differences in the conceptualisation and treatment of the person. The disciplinary society takes the individual and subjugates her through discipline so that she will conform to the mass. No such subjugation is necessary in societies of control. The individual is not viewed as a member of a mass, but as a data point, a market audience, a sample. This allows for targeted control to take shape, where compliance is not forced upon the individual (as with discipline) but facilitated. There are no overarching aims or requirements outlined by societies of control (no 'watchwords'). The society is governed merely by way of codes that function as 'passwords'; these can allow or deny the individual access to certain information or amenities. The control of access is presumably based on the conduct of the individual and is a means of exercising control over individuals' choices: the individual self-disciplines because of incentives and disincentives encoded within herself as a data-point. This, in turn, suggests (perhaps even necessitates) a degree of technological surveillance that goes beyond that of the comparatively simple model of the Benthamic Panopticon Foucault famously employs. Additionally, there are no clear hierarchies, if there are any at all. Unlike in disciplinary societies, power is not centralised or in the hands of a single 'owner' or state. Rather, control is exercised by a corporation—invested with its own personhood—comprising stockholders. The make-up of this corporation is transitory and fundamentally transformable. All of these technologies—singular modulation across singular space, an ethos of the relentless pursuit of progress, the 'dividualisation' or 'data-fication' of the individual, the facilitation of compliance, the use of codes as passwords, technological surveillance, and the absence of clear hierarchies of power—together create a society of control. Critiques Here we will explore three critiques of Deleuze's thesis: the privatisation of public space, the role of surveillance in control, and the telos of control. Privatisation Michael Hardt deals at length with the Deleuzian conception of societies of control, both in his joint work with Antonio Negri on Empire, as well as more specifically, in a piece titled 'The Global Society of Control.' Here, Hardt contends that there is an incompleteness to Deleuze's work on control, and proceeds to elaborate on the operation of societies of control to fill in these purported gaps. He does so by situating these societies within his and Negri's broader framework of Empire. The study is multifaceted, but here only one aspect of the critique will be considered: the erasure of the dialectic between public and private. 'There is no more outside,' insists Hardt.[14] This is to say, there are no longer any meaningful or permanent divisions between private and public spaces. Nikolas Rose, similarly, argues that inherently public spaces (like public parks, libraries, and playgrounds) are being abandoned in favour of privatised and privately secured places (like shopping malls and arts centres) for acceptable members of the public.[15] Those who have no legitimate, consumerised reason to occupy these new privatised 'public' spaces are denied access to them. Populations and classes of people deemed 'dangerous' or 'undesirable' are excluded from the private-public spaces and, so, from society itself. Deleuze touches on this idea of exclusion as well, in saying that 'three quarters of humanity', who are too poor for debt (as in, those who cannot be managed through the mechanisms of 'control', because these mechanisms rely on monetary and consumerist incentives or 'passwords') and too numerous of confinement (which makes it logistically difficult to subject them to technologies of 'discipline' that rely on confinement) will have to face exclusion to shanty towns and ghettos.[16] From this, we can take two points. Firstly, that neither the societies of control, nor disciplinary societies are or have ever been able to exercise control or discipline over every individual; when they are unable to, they simply exclude these potentially unpredictable and uncontrollable threats to order. Secondly, there is the implicit acknowledgment that technologies of control and discipline can coexist; to conceive of discipline and control as dichotomous notions would be inaccurate.[17] In fact, the question posed by this essay itself may fall victim to a false dichotomy between Foucauldian discipline and Deleuzian control. These mechanisms of power are not necessarily mutually exclusive. We should, therefore, be wary to adopt a view that control represents a natural or irreversible progression (from discipline) in the exercise of power (as Hardt and Negri may be suggesting in saying that control is an intensification of discipline),[18] because they are contingent historical realities. That is what Foucault's work—and Deleuze's analysis of it—suggested of discipline, and it is no less true in the case of control. Thus, we can qualify our thesis by saying that while societies of control are increasingly replacing those of discipline, technologies of discipline (and even of sovereignty) are still employed in certain contexts. Surveillance Surveillance is implicit within Deleuze's conception of control (in the understanding of the individual as a mere data point, not the member of a mass), but Oscar Gandy articulates this technology more explicitly.[19] Such an emphasis on surveillance is problematised, however, by Rose, who posits that societies of control are not predicated on surveillance but on the instilling of self-discipline and self-regulation in their subjects. That rather misses the mark, because, as we have seen, societies of control employ a range of technologies to exercise power. Nothing suggests an emphasis on self-discipline ought to exclude the technology of surveillance, which is implicit in the incentivisation of labour and use of passwords. Telos But Rose's critique of surveillance does helpfully inform another point of discussion: the odd ideas prioritised within societies of control. Deleuze makes brilliant and incisive concluding remarks about this telos of self-improvement and self-actualisation. But what are the motivations behind this ethos of motivation? That is the question Deleuze poses in his conclusion, and it is a question that largely remains unanswered. In some ways, one can only hazard a guess at the mechanisms at work here. That is rather the point. Societies of control have evolved such that their technologies of power and their telos can be more obscure than that of disciplinary societies. VALIDATION With definitions—or, rather, understandings—of both disciplinary societies and societies of control to hand, this essay considers whether it can be said that the latter are replacing the former. The institutions of the disciplinary society Foucault identifies in his body of work—the home, the school, the prison, the barracks, the factory—are all still extant. However, as we have noted above, there need be no 'either/or' as between societies of discipline and of control; the question is more accurately one of degree and we must identify whether a general movement may be occurring. Again, that movement need not be total or irreversible. Such a movement seems to be taking place all around us. For example, remote working and learning, which Deleuze identified as increasing in the 1980's and which has skyrocketed in light of the coronavirus pandemic, has weakened substantially the disciplinary segregation of physical space.[20] At the same time, it has strengthened the all-encroaching productivity ethos of societies of control by placing work or study (itself little more than a preparatory step towards work) within the walls of the private family home. Whilst coronavirus may have accelerated a shift towards societies of control, this trend runs much deeper still. Below, we shall seek to validate the shift Deleuze identifies by employing and analysing four impressionistic vignettes. Vignette A In April 2021, Chinese state television broadcast an exposé of intolerable working conditions faced by food delivery drivers—long hours, meagre pay, algorithms that encourage dangerous driving and heavily fine lateness, and harassment from customers who have full and 'live' access to drivers' locations and contact details. China's couriers are estimated to contribute to close to 1% of the country's economic activity, but the undercover government official earned just £4.52 over a 12-hour shift.[21] The courier works in no strictly delineated or confined space, but everywhere, openly. He is the subject of constant surveillance. Customers have his precise location, his 'ETA', the corporation's promised delivery slot, and his personal mobile phone number at their fingertips. The threat of an angry call or harsh review might appear in those circumstances to operate rather like a panopticon unconfined by space, enforcing conformity. But that is only a minor part of this story; it is secondary to the algorithmic surveillance and control in which both the courier and the customer are merely variables. Drivers will be set timescales in which to complete a delivery determined by the average speed at which drivers have previously made that journey or a similar journey. If they beat that timeframe, they may be rewarded with bonus pay. If they fail, their pay will be docked. Both processes—the incentivisation of speed and disincentivisation of slowness—are automated. The algorithm does not care how the driver gets from A to B, only that he does so quickly and does not damage the customer's goods in the process. So, drivers will travel recklessly in order to beat the clock to boost their meagre pay, but this only shortens the average time of journey completion, making pay boosts harder to achieve and pay docks more likely and contributing to an insane culture of paranoia and uncertainty. Compliance with the requirements of speed in this system is facilitated, not forced. In paying the less perfect worker less and the more perfect worker more, the corporation is nudging the courier to an (ultimately ephemeral) standard of compliance. But it need take no further punishing or corrective action: it knows that the courier, impacted by these forces, will correct himself. The password operating here is that of a courier 'score' that determines the level of pay afforded for work done. This is ripe terrain to consider Deleuze's challenge as to whether the unions will be able to resist forces of control upon the breakdown of the workplace. China, where organised labour is met with fear and hostility, shows that the communist party will intervene by challenging monopolies and exposing low pay. They may moderate the technology of power, but they will not extinguish it; the work is too economically important for that. In the UK, there have been increased efforts by unions to protect insecure, 'gig-economy' labourers and they have had some success.[22] But here too the overall system of algorithmic control is not removed, but mollified. Vignette B A London-based junior employee at Goldman Sachs, one of the largest investment banks in the world, has complained that staff face 18-hour shifts that mean they are earning less than the UK living wage and regularly take sick leave due to burnout. In 2015, US employee Sarvshreshth Gupta, who had been working 100-hour weeks, took his own life.[23] The company has a £50,000 entry-level base salary.[24] The company's average employee takes home about £260,000 per year.[25] It is at first blush surprising that employees at Goldman Sachs could be said to be subjects of control by twenty-first century technologies of power, and even more surprising to suggest that their situation is comparable to that of couriers in China. But this is precisely the sort of topsy-turviness that is to be expected from (and ultimately serves to legitimate) societies of control, where we all 'work hard'. The impetus to 'get ahead' is central to the ethos of self-improvement and motivation instilled by societies of control. That is perhaps nowhere more evident than amongst the new, highly-remunerated, highly-overworked, 'meritocratic', professional or upper class of managers, bankers, and lawyers.[26] Previously, elite status was maintained through generations by inheritance. That method of status-maintenance has now mostly been displaced by investments in 'human capital'. This can be achieved directly—through funding private schooling, tuition, and even work placements paid for by the volunteer—or indirectly, through covering children's rent and paying for their goods. The crucial factor in bringing about this shift has been the rise of 'meritocracy', which purports that success (i.e. the rate of remuneration for one's work) is a result and marker of an individual's inherent drive and talent but which in reality allows 'a relatively tiny segment of the population […] to transmit advantage from generation to generation' because elite parents stack the odds in favour of their children's advancement from birth.[27] This is the society of control in action: demanding, inequitable and possessing an obscured, democratically-papered-over telos, drive and skill directed at productive activities. But the elite class are not spared from the brutalities of this system, as the above vignette suggests. Since societies are increasingly meritocratic (in the sense that the most skilled and driven will generally be remunerated the most, not in the sense that the system promotes a level playing field) young elite professionals still have to work incredibly hard to 'climb the ladder'. Even if they reach seemingly secure positions of employment, they will still want to continue to reap the rewards of their labour, still need to work intensively to secure funds to invest in their children's human capital, and still be motivated by the overwhelming and corrupting cultural ideal of self-improvement and motivation. The name of Goldman Sachs' personnel team, 'Human Capital Management', is telling. It has been noted, '[l]ives are things that people have; capital has rates of return.'[28] Vignette C About one in every hundred adults in Britain has been trained as a 'mental health first aider' by the MHFA.[29] They advertise their 'proactive' services thus: 'for every £1 spent by employers on mental health interventions, they get back £5 in reduced absence [.] and staff turnover.'[30] The second of five listed responsibilities for first-aiders is to communicate concerns about 'anyone in your workplace, for example to an appropriate manager.'[31] Separately, the UK government is providing '£1 million for innovative student mental health projects' that offer targeted support to those identified statistically as being at highest risk of mental ill-health.[32] Deleuze argued the hospital was being replaced by 'neighbourhood clinics, hospices, and day care'.[33] Similarly, the above vignette suggests that the power that would in a disciplinary society be exercised by the asylum has, in our societies of control, been exercised dispersedly by employers, with the aim being to improve profit-margins and productivity rates. The actual mental wellbeing of employees—or, rather, of human capital—is a means to that end that may give rise to some incidental good. But even these incidental goods are monetised, such as when companies compete on their 'work-life balance' or their inclusion of private therapy in 'healthcare plans' so as to attract the most human capital. Under these conditions, the public healthcare officials sectioning or supporting a member of the public who risks harm to herself or others are reduced in their significance. In their place, the anxious employer preempts possible harm to the corporation by proactively addressing and preventing harm to the employee. Similarly, 'mental health teams' in schools and universities are encouraged by the government to anticipate, based on a series of data-sets, those students who are 'more at risk' and provide targeted interventions to safeguard their health (and, by extension, their productivity). Deleuze says that 'the socio-technological study of the mechanisms of control […] would have to be categorical'. By this it is meant that we must look to each institution of power—the healthcare system, the corporate system, the educational system—and describe the power being exercised there. The above vignette shows that that has become an artificial mode of analysis in this era of control. The healthcare system has been radically dispersed, with detection, prevention, and mitigation (recovery being ancillary) of illness now increasingly undertaken by the corporation and its agents, including crucially the employee herself qua employee or human capital. She will contact her mental health first aider colleague or her employer (though any difference between the two seems doubtful). She will purchase products—self-help books, meditation apps, tickets to motivational talks—with a view to her greater productivity and, hence, 'employability'. In fact, the monetary value she attributes (through her valuable spare time as much as through her pay-power) to her own productivity and employability may reduce the corporate system's nascent role in facilitating compliance; her self-improvement becomes her guiding, internalised ethos as a consumer-employee and she will discipline herself, knowing this self-improvement will be coded and rewarded. Thus, technologies of power in the modern, mental health context cannot be identified within a healthcare system, a corporate system or an education system, nor even within what might be dubbed a 'consumer system'; there is no single system of operation of which we can speak. This conceptual challenge itself demonstrates the ultimate annihilation of the institutions Deleuze anticipates in societies of control. Vignette D In May 2021, the UK government proposed halving state funding for university courses they do not regard as 'strategic priorities', such as music, drama, visual arts, and archaeology. It is estimated that such courses would run at a deficit of £2,700 per enrolled student, and many courses may therefore have to close if the plans go ahead. The government says the decision is 'designed to target taxpayers' money towards the subjects which support the skills this country needs to build back better'.[34] They also say universities should "focus [.] upon subjects which deliver strong graduate employment outcomes in areas of economic and societal importance".[35] Deleuze foretold the 'effect on the school of perpetual training, and the corresponding abandonment of all university research'.[36] Alarming an idea as this may be, the above vignette should at least discourage us from dismissing it altogether. The government's proposal betrays a deeply production-oriented approach to higher education that sees knowledge and learning as purely instrumental to the development of concrete 'skills' to be directed at the most economically valuable production of goods and services and, correspondingly, the strongest employment outcomes. The UK education system no longer possesses its own watchwords (save, perhaps, 'instilling British Values'). Instead, all activity is directed at the future employment prospects of the student. The privatisation of schools (through academisation in England) has allowed for corporate sponsorship that makes this close instrumentalism perfectly plain: the corporation's senior managers become senior managers of underperforming schools and they are expected to foster students' 'aspirations'. Here, the corporate and educational systems are blended together, the former funding the latter, the latter supplying labour to the former. The physical spaces in which learning occurs can at times barely be distinct from the corporate, whether a company name is printed across the school entrance ('Bridge Academy in partnership with UBS') or affixed to laptops donated to school students studying remotely. CONCLUSION There is a great deal of truth to Deleuze's thesis that societies of control are replacing disciplinary societies. We have noted the destruction of swathes of confined and discrete spaces; the intermixing of institutions; the pervasive power of technology to tweak and modulate behaviour through coding; and the pointless but universal ethos of motivation. As Deleuze ably demonstrates, analyses of discipline, confinement, hierarchy, and masses can only take us so far in understanding these forces. More necessary in our quest to uncover the telos we are being made to serve is a socio-technological study of control and its methods. However, this essay has also sought to demonstrate the limits of Deleuze's proposed methodology. For a 'categorical' socio-technological study of control becomes more elusive the more deeply a society succumbs to control. Schools, prisons, barracks, hospitals, factories, offices, and homes are increasingly blended (and so less discrete) environments. The office educates, entertains, protects, and diagnoses its employees. The school is a business, its pupils are prospective employees. University is a career stage. Beds, dining tables, and lounges are workstations. For those on 'home detention' during coronavirus in the United States or under TPIMs (Terrorism Prevention and Investigation Measures) in the United Kingdom, these same spaces are prison cells. The gradual annihilation of the disciplines as physical and conceptual spaces—which Deleuze foresaw—also renders obsolete our existing methods of understanding power. We are in need of new tools to respond to these developments; the study of categories must be replaced with the study of networks and systems. We must explore with curiosity and thoroughness the complex web of relations operating through spaces and lives. BIBLIOGRAPHY Adams R, 'English universities must prove "commitment" to free speech for bailouts' The Guardian (16 July 2020) accessed 6 May 2021 Bakare L and Adams R, 'Plans for 50% funding cuts to arts subjects at universities "catastrophic' The Guardian (6 May 2021) accessed 6 May 2021 Burroughs WS, 'The Limits of Control' in Grauerholz J and Silverberg I (eds), Word Virus: The William S Burroughs Reader (4th edn, Fourth Estate 2010) Collini S, 'Snakes and Ladders' London Review of Books (London, 1 April 2021) 15 Deleuze G, 'Foucault: Lecture 17' (University of Paris, 25 March 1986) accessed 9 May 2021 — — 'Foucault: Lecture 18' (University of Paris, 8 April 1986) accessed 9 May 2021 — — 'Foucault: Lecture 19' (University of Paris, 15 April 1986) accessed 9 May 2021 — — 'Postscript on Societies of Control' (1992) 59 October 3 Department for Education and others, '£1 million for innovative student mental health projects' UK Government (5 March 2020) accessed 11 May 2021 Ewald F, The Birth of Solidarity: The History of the French Welfare State (Cooper M ed, Johnson TS tr, Duke University Press 2020) Feng E, 'For China's Overburdened Delivery Drivers, The Customer—And App—Is Always Right' NPR (Beijing, 1 December 2020) accessed 7 May 2021 Foster M, 'Guess How Much Goldman's Average Salary Is (GS)' Investopedia (25 June 2019) accessed 10 May 2021 Foucault M, The Birth of Biopolitics: Lectures at the Collège de France 1978–79 (Senellart M ed, Burchell G tr, Palgrave Macmillan 2008) — — Discipline and Punish: The Birth of the Prison (Sheridan A tr, 2nd edn, Vintage Books 1995) Hardt M, 'The Global Society of Control' (1998) 20(3) Discourse 139 — — and Negri A, Empire (Harvard University Press 2001) Makortoff K, 'Goldman Sachs junior banker speaks out over "18-hour shifts and low pay' The Guardian (London, 24 March 2021) accessed 7 May 2021 MHFA, 'Being a Mental Health First Aider: Your Guide to the Role' accessed 10 May 2021. — — 'Workplace Info Pack' accessed 10 May 2021. Morar N, Nail T and Smith DW (eds), Between Deleuze and Foucault (Edinburgh University Press 2016) Muldoon J, 'Foucault's Forgotten Hegelianism' (2014) 21 Parrhesia 102 Nealon J, Foucault Beyond Foucault: Power and Its Intensifications since 1984 (Stanford University Press 2008) Negri A, Interview with Gilles Deleuze: 'Control and Becoming' (Joughin M tr, Spring 1990) Rice-Oxley M, 'UK training record number of mental health first aiders' The Guardian (2 September 2019) accessed 11 May 2021 Roffe J, Gilles Deleuze's Empiricism and Subjectivity: A Critical Introduction and Guide (Edinburgh University Press 2016) Rose N, 'Government and Control' (2000) 40(2) The British Journal of Criminology 321–339 Wallin J, 'Four Propositions on the Limits of Control' (2013) 39(1) Visual Arts Research 6–8 Wise JM, 'Mapping the Culture of Control: Seeing through The Truman Show' (2002) 3(1) Television & New Media 29–47 Yang Y, 'China's food delivery groups slammed after undercover TV exposé' Financial Times (London, 29 April 2021) accessed 11 May 2021 — — 'How China's delivery apps are putting riders at risk' Financial Times (London, 26 January 2021) accessed 11 May 2021 [1] Gilles Deleuze, 'Postscript on Societies of Control' (1992) 59 October 3–7. [2] On their complex relationship before and after Foucault's death, see François Dosse, 'Deleuze and Foucault: A Philosophical Friendship' in Nikolae Morar, Thomas Nail and Daniel W Smith (eds), Between Deleuze and Foucault (Edinburgh University Press 2016). [3] James Muldoon, 'Foucault's Forgotten Hegelianism' (2014) 21 Parrhesia 102. [4] Michel Foucault, Discipline and Punish: The Birth of the Prison (Alan Sheridan tr, 2nd edn, Vintage Books 1995) [5] Michael Hardt, 'The Global Society of Control' (1998) 20(3) Discourse 139. [6] Deleuze cites these authors in his 'Postscript': (n 1). [7] Gilles Deleuze, 'Foucault: Lecture 19' (University of Paris, 15 April 1986). [8] Burroughs himself concedes his analogy of the life-boat is a 'primitive' one: William S Burroughs, 'The Limits of Control' in James Grauerholz and Ira Silverberg (eds), Word Virus: The William S Burroughs Reader (4th edn, Fourth Estate 2010). [9] 'Postscript' (n 1) 7. [10] ibid. [11] 'Postscript' (n 1) 4. [12] Foucault refers to it as 'biopower'. Biopower is not something that this essay will address, but we can observe that it may be that the Foucauldian notion of biopower and the Deleuzian notion of control are broadly similar or even the same: for a fuller discussion of that relationship, see Thomas Nail, 'Biopower and Control' in Between Deleuze and Foucault (n 2). [13] 'Postscript' (n 1) 5. [14] Hardt (n 5) 140. [15] Nikolas Rose, 'Government and Control' (2000) 40(2) The British Journal of Criminology 331. [16] 'Postscript' (n 1) 7. [17] JM Wise, 'Mapping the Culture of Control: Seeing through The Truman Show' (2002) 3(1) Television & New Media 29. [18] Nail, 'Biopower and Control'. [19] Wise, 'Culture of Control' 33. [20] Deleuze, 'Foucault: Lecture 18'. [21] Yuan Yang, 'China's food delivery groups slammed after undercover TV exposé' Financial Times (London, 29 April 2021). [22] For instance, many will now be recognised as 'workers' rather than as 'self-employed', with greater protections: Uber v Aslam [2021] UKSC 5. [23] Kalyeena Makortoff, 'Goldman Sachs junior banker speaks out over "18-hour shifts and low pay' The Guardian (London, 24 March 2021). [24] ibid. [25] Michael Foster, 'Guess How Much Goldman's Average Salary Is (GS)' Investopedia (25 June 2019). [26] Stefan Collini, 'Snakes and Ladders' London Review of Books (London, 1 April 2021) 15. [27] ibid 22. [28] ibid. [29] Mark Rice-Oxley, 'UK training record number of mental health first aiders' The Guardian (2 September 2019). [30]MHFA, 'Being a Mental Health First Aider: Your Guide to the Role'. [31] MHFA, 'Workplace Info Pack'. [32] Department for Education and others, '£1 million for innovative student mental health projects' UK Government (5 March 2020). [33] 'Postscript' (n 1) 4. [34] Lanre Bakare and Richard Adams, 'Plans for 50% funding cuts to arts subjects at universities "catastrophic' The Guardian (6 May 2021). [35] Richard Adams, 'English universities must prove "commitment" to free speech for bailouts' The Guardian (16 July 2020). [36] 'Postscript' (n 1) 7.

Threats To International Peace And Security. The Situation In The Middle East ; United Nations S/PV.8231 Security Council Seventy-third year 8231st meeting Friday, 13 April 2018, 10 a.m. New York Provisional President: Mr. Meza-Cuadra . (Peru) Members: Bolivia (Plurinational State of). . Mr. Llorentty Solíz China. . Mr. Ma Zhaoxu Côte d'Ivoire. . Mr. Tanoh-Boutchoue Equatorial Guinea. . Mr. Ndong Mba Ethiopia. . Mr. Alemu France. . Mr. Delattre Kazakhstan. . Mr. Umarov Kuwait. . Mr. Alotaibi Netherlands. . Mr. Van Oosterom Poland. . Ms. Wronecka Russian Federation. . Mr. Nebenzia Sweden . Mr. Skoog United Kingdom of Great Britain and Northern Ireland . Ms. Pierce United States of America. . Mrs. Haley Agenda Threats to international peace and security The situation in the Middle East This record contains the text of speeches delivered in English and of the translation of speeches delivered in other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated in a copy of the record and sent under the signature of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room U-0506 (verbatimrecords@un.org). Corrected records will be reissued electronically on the Official Document System of the United Nations (http://documents.un.org). 18-10728 (E) *1810728* S/PV.8231 Threats to international peace and security 13/04/2018 2/22 18-10728 The meeting was called to order at 10.05 a.m. Adoption of the agenda The agenda was adopted. Threats to international peace and security The situation in the Middle East The President (spoke in Spanish): In accordance with rule 37 of the Council's provisional rules of procedure, I invite the representative of the Syrian Arab Republic to participate in this meeting. The Security Council will now begin its consideration of the item on its agenda. I wish to warmly welcome His Excellency Secretary-General António Guterres, to whom I now give the floor. The Secretary-General: The situation in the Middle East is in chaos to such an extent it has become a threat to international peace and security. The region is facing a true Gordian knot — different fault lines crossing each other and creating a highly volatile situation with risks of escalation, fragmentation and division as far as the eye can see, with profound regional and global ramifications. We see a multiplicity of divides. The first is the memory of the Cold War. But, to be precise, it is more than a simple memory: the Cold War is back with a vengeance — but with a difference. The mechanisms and the safeguards to manage the risks of escalation that existed in the past no longer seem to be present. Secondly, there is the Palestinian-Israeli divide. Thirdly, there is the Sunni-Shia divide, evident from the Gulf to the Mediterranean. It is important to note that apparent religious divides are normally the result of political or geostrategic manipulation. Finally, there is a wide range of different factors — from opposing attitudes in relation to the role of the Muslim Brotherhood or the status of the Kurds, to the dramatic threats to communities that have been living in the region for millenniums and are part of the rich diversity of Middle Eastern societies. Those numerous divisions are reflected in a multiplicity of conflicts with different degrees of interconnection, several of which are clearly linked to the threat of global terrorism. Many forms of escalation are possible. We see the wounds of the Palestinian-Israeli conflict continuing to fester. The recent violence in Gaza resulted in many needless deaths and injuries. I repeat my call for an independent and transparent investigation into those incidents. I also appeal to those concerned to refrain from any act that could lead to further casualties, in particular any measures that could place civilians in harm's way. That tragedy underlines the urgency of revitalizing the peace process for a two- State solution that will allow Palestinians and Israelis to live side by side in peace in two democratic States within secure and recognized borders. I reaffirm the readiness of the United Nations to support those efforts. In Yemen, we are witnessing the worst humanitarian disaster in today's world. There is only one pathway to ending the Yemeni conflict and to addressing the humanitarian crisis: a negotiated political settlement through inclusive intra-Yemeni dialogue. My Special Envoy, Martin Griffiths, is doing everything possible to facilitate that political settlement. He will brief the Council next week. In Libya, I encourage all parties to continue to work with my Special Representative, Ghassan Salamé, as he engages in the political process with a broad range of Libyan interlocutors across the country in order to implement the United Nations action plan. It is high time to end the Libyan conflict. The case of Iraq demonstrates that progress is possible with concerted local, regional and global commitment. With the defeat of the Islamic State in Iraq and the Levant, having overcome the risk of fragmentation, the Government of Iraq must now focus on reconstruction, reforms and reconciliation. I hope that the upcoming elections will consolidate that progress. At the recent Paris and Rome conferences, the international community reaffirmed its support for Lebanon's sovereignty, stability and State security institutions. It is absolutely essential to prevent a new Israel-Hizbullah conflict, which could inevitably result in many more victims and much greater destruction than the last war. I reiterate the critical importance to act on key principles and commitments on Lebanon, including the Security Council resolutions, such as resolution 1701 (2006), and the policy of disassociation. The dangers of the links to the Syrian conflict are 13/04/2018 Threats to international peace and security S/PV.8231 18-10728 3/22 evident in the recent confrontations between Iran and Israel in Syria.Syria today indeed represents the most serious threat to international peace and security. We see there confrontations and proxy wars, involving several national armies, a number of armed opposition groups, many national and international militia, foreign fighters from everywhere in the world and various terrorist organizations. From the beginning, we have witnessed systematic violations of international humanitarian law, international human rights law and international law, in general, in utter disregard for the letter and spirit of the Charter of the United Nations.For eight long years, the people of Syria have endured suffering upon suffering. I reiterate that there is no military solution to the conflict. The solution must be political through the Geneva intra-Syrian talks, as stipulated in resolution 2254 (2015), and in line with the consistent efforts of my Special Envoy, Staffan de Mistura. Syrians have lived through a litany of horrors: atrocity crimes, sieges, starvation, indiscriminate attacks against civilians and civilian infrastructure, the use of chemical weapons, forced displacement, sexual violence, torture, detention and enforced disappearances. The list goes on.In a moment of hope, the Security Council adopted resolution 2401 (2018), demanding that all parties cease hostilities without delay for a durable humanitarian pause. Unfortunately, no such cessation of hostilities ever really took place. That is the bleak panorama of Syria today.In that panorama, I am outraged by the continued reports of the use of chemical weapons in Syria. I reiterate my strong condemnation of the use of chemical weapons by any party to the conflict under any circumstances. Their use is abhorrent and a clear violation of international law. The seriousness of the recent allegations requires a thorough investigation, using impartial, independent and professional expertise.In that regard, I reaffirm my full support for the Organization for the Prohibition of Chemical Weapons (OPCW) and its Fact-finding Mission in undertaking the required investigation into those allegations. The mission should be granted full access, without any restrictions or impediments, to perform its activities. I take note that the Syrian Government has requested that and is committed to facilitating it. The first OPCW team is already in Syria; a second team is expected today or tomorrow.However, we need to go further. In a letter to the Council two days ago, I expressed, following the end of the mandate of the OPCW-United Nations Joint Investigative Mechanism,"my deep disappointment that the Security Council was unable to agree upon a dedicated mechanism to attribute responsibility for the use of chemical weapons in Syria".I want to repeat today that the norms against chemical weapons must be upheld. As I wrote in the same letter:"[e]nsuring accountability for a confirmed use of chemical weapons is our responsibility, not least to the victims of such attacks. A lack of accountability emboldens those who would use such weapons by providing them with the reassurance of impunity. This, in turn, further weakens the norm proscribing the use of chemical weapons and the international disarmament and non-proliferation architecture as a whole. I urge all Member States to act responsibly in these dangerous circumstances;"I appeal to the Security Council to fulfil its duties and not to give up on efforts to agree upon a dedicated, impartial, objective and independent mechanism for attributing responsibility with regard to the use of chemical weapons. I stand ready to support such efforts."The increasing tensions and the inability to reach a compromise in the establishment of an accountability mechanism threaten to lead to a full-blown military escalation. In my contacts with the members of the Security Council, particularly the permanent members, I have reiterated my deep concerns about the risks of the current impasse and stressed the need to prevent the situation from spiralling out of control.That is exactly the risk that we face today — that things spiral out of control. It is our common duty to stop it.The President (spoke in Spanish): I thank the Secretary-General for his valuable briefing.I shall now give the floor to those Council members who wish to make statements.S/PV.8231 Threats to international peace and security 13/04/2018 4/22 18-10728 Mr. Nebenzia (Russian Federation) (spoke in Russian): We are greatful to the Secretary-General for his briefing. His participation, his assessments and his authoritative words about the situation that has developed are very significant. We agree with him that there are many wounds in the Middle East. However, most important, currently the deepest wound is the situation in Syria, insofar as any negative repercussions would have major global implications.Two days ago, news of a threat by the United States to launch missile strikes against the Syrian Arab Republic ricocheted around the world. The Russian Federation was also warned to prepare for strikes. Let me point out that our military is in Syria at the invitation of its legitimate Government in order to combat international terrorism. We continue to see dangerous military preparations for an illegal act of force against a sovereign State in violation of the norms of international law. It is not just the use of force but even the threat of it that flies in the face of the Charter of the United Nations, and that is precisely what we are seeing in the most recent statements and actions of Washington and its allies. The bellicose rhetoric is being ratcheted up at every level, including at the very top. Additional forces and assets of the United States military and its allies are bearing down on the Syrian coast. It feels as though Washington is singlemindedly heading towards unleashing a military scenario against Syria. That cannot be permitted. Such developments would be fraught with terrible consequences for global security, especially considering that a Russian military contingent is deployed in Syria.There are also those who have been observing these risky preparations with tacit approval, declaring that they understand Washington's motives or engaging in direct incitement, thereby becoming potential accomplices in an act of reckless military adventurism. There are people in the Security Council who love to talk about preventive diplomacy. Right now, for some reason, they are nowhere to be seen or heard. The guilty parties have been speedily identified not just before any investigation has been conducted but even before it has been established whether the incident in question took place at all, but evidently they must still be punished. Someone will have to answer for these unfortunate developments and for the previous interventions that have engulfed many countries in years of crisis with untold casualties.Witness the recent experience of Iraq and Libya, which, among other things, shows that the attitude of America's leaders to the Security Council is largely one of convenience. They need it as cover for their Iraqi test tubes and Libyan no-fly zones. What they are presenting us with now is another virtual test tube, and an empty one. The reckless behaviour of the United States as it tramples on international law and State sovereignty is unworthy of its status as a permanent member of the Security Council, which presupposes the highest possible degree of responsibility and certainly not a right to sabre rattling, a right that is unknown in international law.Why does the United States continue to torture the Middle East, provoking one conflict after another and pitting the States of the region against one another? Who will benefit from a potential strike against the Syrian military, which is taking the brunt of the fight against terrorism and achieving major victories in it? We know for sure that the ringleaders of the Syrian armed groups were given orders to launch an offensive after a possible military action. Is this latest wave of chaos really being unleashed just for that?The excuse is the alleged use of toxic substances in the Syrian town of Douma on 7 April, for which there has been no reliable confirmation. Our specialists found no trace of the use of toxic substances. The residents of Douma know of no such attack. All the evidence of the alleged attack has been provided by anti-Government forces for whom this development is in their interests. We have good reason — indeed, we have information — leading us to believe that what took place was a provocation with the participation of various countries' intelligence services. We have been issuing warnings about this for a long time. It is a repeat of the Khan Shaykhun scenario in April of last year.The Syrian Government, for which this is clearly the last thing it needs, has said that it was not involved and has sent a request for an immediate inspection by the Organization for the Prohibition of Chemical Weapons (OPCW) of the location of the alleged incident. It has offered security guarantees jointly with the Russian military. The mission is already getting started on its work in Syria and we hope that it will be able to conduct a truly independent and impartial investigation.Only the Security Council has the authority at the international level to decide what measures to take and against whom in connection with the use of chemical 13/04/2018 Threats to international peace and security S/PV.8231 18-10728 5/22 weapons in Syria. Russia will continue to work diligently and systematically to de-escalate the recent tensions in international relations. We proposed adopting a brief resolution in support of the OPCW inspection mission in Douma that the United States, Britain and France irresponsibly blocked, thereby demonstrating their lack of interest in an investigation. The only thing they care about is overthrowing the Syrian Government and, more broadly, deterring the Russian Federation. This has been clearly visible in other international and domestic political events built on unfounded hoaxes and conspiracy theories that always centre around the Russian Federation.What is the United States trying to achieve? After many years of internecine strife in Syria, significant areas of the country have been stabilized. The political process is reviving and indicators of national reconciliation are emerging. The terrorists have been dealt a significant blow. We have never denied that the United States has also made a certain contribution to achieving that shared goal, but it has always kept certain types of terrorists in reserve for its fight against the so-called regime and for advancing its geopolitical priorities in the region.My British colleague is always asking me what Russia is doing to implement resolution 2401 (2018). My answer is that my country is practically the only one that is doing anything about it. Over the course of the Astana process, peace has been restored in more than 2,500 towns and villages. That does not mean that they have become victims of the regime, as the United States calls it, merely that with the help of Russia and other guarantors they have established normal relations with the central authorities in Damascus. With the support of the United Nations, the Syrian National Dialogue Congress was held successfully in Sochi. How many towns and villages has the United States brought peace to? How many groups has it persuaded to join the ceasefire agreements?In order to break the deadlock in the situation in eastern Ghouta after the adoption of resolution 2401 (2018), complex negotiations were conducted with the leaders of armed groups, with Russian assistance. The militias and their family members were safely evacuated from the district, and civilians were finally given the opportunity to shake off years of terror. Film of their genuine joy exists, but the Western media is not showing it. The United States does not care about the fate of the prisoners of the militias in eastern Ghouta who had been supporters of the Syrian Government. When they were bargaining with the Syrian authorities to exchange prisoners, the militias claimed that they were holding between 2,000 and 4,000 people. Now it turns out that there are far fewer. People died from harsh treatment and hard labour digging huge tunnels for their torturers.Some members have grieved to see their bearded pilgrims setting off for Syria on free tourist tickets. They lost no opportunity to shriek from every street corner about the plight of the hundreds of thousands of people in besieged eastern Ghouta. Now those people need help in rebuilding normal lives, but these Council members have already lost interest because the area is under Government control. Now there will have to be unpleasant discussions about the blockade of Fo'ah and Kefraya. When was the last time a humanitarian convoy was there? When was the last time Council members even asked about it? Someone must answer for the coalition's destruction of Raqqa.These are dangerous developments, with far-reaching ramifications for global security. In this instance, responsibility lies entirely with the United States and its allies. It is a pity that Old Europe continues to lose face. We call on the leaders of these States to immediately reconsider, return to the international legal fold and not to lead the world to the dangerous brink. We urgently need to find a peaceful way out through a collective effort. The Russian Federation is ready to cooperate equitably with all partners and to solve the problems that may arise through dialogue. We will continue to focus on finding a peaceful settlement to the conflict in Syria based on established international law. We will continue to work actively to that end, and we call on all our partners to do the same.Mrs. Haley (United States of America): I started to listen to my Russian friend so as to respond to him, but instead I am truly in awe of his ability to say what he said with a straight face.Today's meeting of the Security Council has been convened under truly strange circumstances. The Russian Federation has asked us to discuss what it calls unilateral threats related to Syria. What is strange is that Russia is ignoring the real threat to international peace and security that has brought us all here. It is ignoring its own unilateral responsibility for all of it. What we should discuss today is the use of deadly chemical weapons to murder innocent Syrian S/PV.8231 Threats to international peace and security 13/04/2018 6/22 18-10728 civilians. That is one of the most blatant and grotesque violations of international law in the world today. It is a violation of all standards of morality. It violates the long-standing international consensus that chemical weapons represent a unique evil. Chlorine, mustard gas and other chemical weapons killed 90,000 people and injured more than 1 million during the First World War. In the history Canada in the Great World War, the Canadian soldier A.T. Hunter described it this way."The gas cloud gathered itself like a wave and ponderously lapped over into the trenches. Then passive curiosity turned to active torment — a burning sensation in the head, red-hot needles in the lungs, the throat seized by a strangler. Many fell and died on the spot. The others, gasping, stumbling with faces contorted, hands widely gesticulating and uttering hoarse cries of pain, fled madly through the villages and farms and through the city itself, carrying panic to the remnants of the civilian population and filling the roads with fugitives of both sexes and all ages".Chemical weapons did not produce the most casualties in the First World War, but they were the most feared. In the Second World War chemical weapons were employed on an industrial scale against civilians, resulting in the worst genocide in human history, which the United States recalled just yesterday on Holocaust Remembrance Day. That is what brings us here today. That is what chemical weapons are all about. That is why we must not stay silent in the face of the horrible use of chemical weapons in our own time.The first response to all of this death and injury was the 1925 Geneva Protocol, which banned the use of chemical weapons and more. Later, in 1993, the Chemical Weapons Convention was signed. It obligates all of its parties to never under any circumstances"develop, produce, otherwise acquire, stockpile or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to anyone".It also prohibits all parties from helping anyone to engage in such activities. The United States is a party to the Convention. Russia is a party to the Convention. Every country that is currently a member of the Security Council is a party to the Convention. Even the Al-Assad regime has pledged to abide by the Convention, so in theory all of us agree on the core principle at stake today. No country can by allowed to use chemical weapons with impunity. Now that we have established what we all agree on, let us ask ourselves what we should be condemning today. We should be discussing the actions that truly brought us to this moment in time. We should not be condemning the country or group of countries that might have the courage to stand up in defence of our common principle against the use of chemical weapons. Instead, we should be condemning the country that has unilaterally prevented the Security Council from upholding it.Which member of the Council most exhibits unilateralism with regard to chemical weapons? It is Russia alone that has stopped at nothing to defend the Syrian regime's multiple instances of the use of chemical weapons. It is Russia alone that killed the Joint Investigative Mechanism, which enabled the world to ensure accountability for the use of chemical weapons in Syria. It is Russia alone that has used its veto six times to prevent the condemnation of Al-Assad's use of chemical weapons. It is Russia alone that has used its veto 12 times to protect the Al-Assad regime. To make matters worse, it was Russia alone that agreed to be the guarantor of the removal of all chemical weapons in Syria. If Russia had lived up to its commitment, there would be no chemical weapons in Syria and we would not be here today. That is the Russian record of unilateralism. It is a record that has led to the trashing of all international standards against the use of chemical weapons. This meeting should not be about so-called unilateral threats, but rather about the multiple actions that Russia has taken to bring us to this point.Our President has not yet made a decision about possible actions in Syria, but should the United States and its allies decide to act in Syria, it will be in defence of a principle on which we all agree. It will be in defence of a bedrock international norm that benefits all nations. Let us be clear. Al-Assad's most recent use of poison gas against the people of Douma was not his first, second, third or even forty-ninth use of chemical weapons. The United States estimates that Al-Assad has used chemical weapons in the Syrian war at least 50 times. Public estimates are as high as 200.In the weeks after Al-Assad's sarin-gas attack last April, which killed nearly 100 people, including many children, the regime used chlorine gas at least once and possibly as many as three times in the same area. Last November, just as the mandate of the Joint Investigative Mechanism expired, the regime again attacked its people with sarin in the Damascus suburbs.13/04/2018 Threats to international peace and security S/PV.8231 18-10728 7/22 In January, Al-Assad used at least four chlorine-filled rockets in Douma, and then he struck again last weekend. Thanks to Russia, there was no United Nations body to determine blame. But we know who did this; our allies know who did this. Russia can complain all it wants about fake news, but no one is buying its lies and its coverups. Russia was supposed to guarantee that Al-Assad would not use chemical weapons, and Russia did the opposite.The world must not passively accept the use of chemical weapons after almost a century of their prohibition. Everything the United Nations stands for is being blatantly defied in Syria, with the help of a permanent member of the Council. All nations and all peoples will be harmed if we allow Al-Assad to normalize the use of chemical weapons. It is those who act to violate the prohibition of chemical weapons who deserve our condemnation. Those who act to defend it deserve our support. The United States and its allies will continue to stand up for truth, accountability, justice and an end to the use of chemical weapons.Mr. Ma Zhaoxu (China) (spoke in Chinese): I thank Secretary-General Guterres for his briefing and deeply appreciate his tireless efforts on the issue of the Middle East and that of Syria.The current situation in Syria is perilous. The country is at the crossroads of war and peace, and China is following the developments there with great concern. The possibility of an escalation of tensions worries us deeply. The pressing priority of the moment is to launch a comprehensive, objective and impartial investigation into the relevant incidents in order to arrive at authoritative conclusions.China has consistently stood in favour of the peaceful settlement of disputes and opposed the routine use or threat of force in international relations. To take unilateral military action by circumventing the Security Council is inconsistent with the purposes and principles of the Charter of the United Nations and runs counter to the basic norms enshrined in international law and those governing international relations.Syria's sovereignty, independence, unity and territorial integrity must be fully respected. We call on the parties concerned to remain calm, exercise restraint, refrain from any move that could lead to further escalation of the situation and resolve the issue peacefully through consultation and dialogue. China is convinced that there can be no military solution to the Syrian issue; the only way out is a political settlement. China supports the United Nations in playing an active role in safeguarding the authority and standing of the Organization and its Security Council.China calls on the international community to steadfastly continue its diplomatic efforts, tirelessly stay the course so as to settle the Syrian issue politically, give full play to the role of the United Nations as the main mediator, and resolve without delay the Syrian issue comprehensively, justly and adequately, in keeping with the provisions of the relevant Security Council resolutions.The people of the world yearn for peace and oppose war. The situation in Syria has ramifications for peace and stability in the Middle East and the world at large, as well as for the credibility and authority of the Council. At this critical juncture, the Council must rightfully discharge its sacred responsibility emanating from the Charter of the United Nations; act in line with the dictates of our times; build unity and consensus and do its utmost to maintain peace; leave no stone unturned in its efforts to prevent war; and live up to the trust and expectations of the international community.China is and has always been a builder of world peace, a contributor to global development and a defender of the international order. China stands ready to continue its unflagging efforts to safeguard peace and stability in the Middle East and the world at large, in a spirit of responsibility to history and to the peoples of the world.Mr. Delattre (France) (spoke in French): I thank the Secretary-General for his statement.We are meeting today to address the threats to international peace and security that have arisen as a result of the situation in Syria, six days after the latest chemical-weapons carnage, on 7 April in Douma.For seven years, the situation in Syria has without a doubt constituted a grave threat to international peace and security as defined in the Charter of the United Nations. The Security Council itself characterized this as such unanimously on 27 September 2013, when resolution 2118 (2013) was adopted in the wake of the appalling chemical-weapons attacks that had taken place in eastern Ghouta. The world then learned for the first time and with horror of the symptoms of large-scale chemical-weapons-related deaths in Syria.S/PV.8231 Threats to international peace and security 13/04/2018 8/22 18-10728 To counter those who are seeking to sow confusion, going so far as to accuse the Syrian people of having gassed themselves; those who are suggesting conspiracy theories; those who are endeavouring methodically to destroy our mechanisms for action on chemical weapons in Syria, we must come back to simple facts. Yes, the Syrian crisis represents a threat to international peace and security. This threat is related to the repeated, organized and systematic use of chemical weapons by the Bashar Al-Assad regime, which once again reached new levels of horror with the two attacks perpetrated in Douma on 7 April last. Those attacks claimed the lives of at least several dozen people and wounded hundreds of others. Many of the injured will continue to suffer throughout their lives from the serious respiratory and neurological aftereffects of the chemicals used.There is no doubt once again as to the responsibility of Damascus for this attack. The facts collected on the ground, the symptoms of the victims, the complexity of handling of the substances used, and the determination of the regime's forces to subjugate the last pockets of resistance in Douma as expeditiously as possible and using every means at their disposal, all point to this.This is a well-known and documented modus operandi, given that an independent mechanism, created at the initiative of the Security Council, had already established at least four times since 2015 that chemical weapons had been used by the Damascus regime in Sarmin, Talmenes, Qmenas and Khan Shaykun — an investigative mechanism that a permanent member of the Security Council decided last November to force into silence.The chemical-weapons policy of the Bashar Al-Assad regime is among the most serious violations of all the norms that guarantee our collective security. It is first and foremost a violation of all international obligations relating to the prohibition of chemical weapons under the Chemical Weapons Convention, to which Syria is a party.Secondly, it constitutes a violation of the very foundations of international humanitarian law, namely, the principles of distinction, precaution and proportionality.Thirdly, it constitutes a breach of successive Security Council resolutions: resolutions 2118 (2013), 2209 (2015) and 2235 (2015) and therefore a breach of the obligations incumbent upon Syria under the Charter of the United Nations.Lastly, the use of chemical weapons against civilians, which was banned in 1925 under the Geneva Protocol, constitutes a war crime under the Statute of the International Criminal Court.The Secretary-General in August 2013 called the use of chemical weapons a crime against humanity. That chemical war is a tool to accelerate a deliberate policy of submission by terror, which, in seven years, has caused the deaths of 400,000 people, the deliberate destruction of civilian and health infrastructure in entire regions, a massive exodus of refugees and displaced persons and has fuelled international terrorism. This frightening picture is that of one of the most blatant threats to international peace and security in the contemporary era. It is also the record of those who, against all odds, continue to support it.I will once again have to state the obvious: if Syria has continued to use toxic substances for military purposes, it is because it has retained the capacity to use and manufacture them, in contravention of its international commitments, of the guarantees provided by Russia in the framework of the 2013 Russian-American agreement and of Security Council resolutions.It has already been several years since the Organization for the Prohibition of Chemical Weapons (OPCW) informed us of the major remaining doubts about the sincerity of Syria's initial declaration to the organization in 2013. Many of the OPCW's questions and requests for documents have gone unanswered. Syria has never provided a satisfactory explanation for the inspectors' discovery of substances and capabilities that Syria had never declared. We saw those capabilities again in action on 7 April, used to kill as many civilians as possible and terrorize the survivors to consolidate the definitive takeover of Douma by the Syrian regime.Beyond Syria, the prevailing impunity since 2013 affects the entire chemical non-proliferation regime, and with it the entire security system that we have collectively built since the Second World War. It is that collective security legacy, built to protect future generations from the outbreaks of violence in the two global conflicts, that the members of the Security Council have been mandated to protect. To allow the normalization of the use of chemical weapons without reacting is to let the genie out of the bottle. That would be a terrible setback to international order, for which we would all pay the price.13/04/2018 Threats to international peace and security S/PV.8231 18-10728 9/22 The Security Council, to which the Charter of the United Nations entrusts the primary responsibility for the maintenance of international peace and security on behalf of the entire international community, is therefore more than justified in meeting today. It is more than justified for the Council to note, once again, the violation of international law and its own resolutions, and the persistence of a proven threat to international peace and security. It is more than justified to urgently re-establish a mechanism for attributing responsibility for chemical attacks — that opportunity was given to the Council in vain, once again, on Tuesday (see S/PV.8228) with the American draft resolution (S/2018/321).The Council is more than justified in doing what it has committed itself to do, that is, to take measures under Chapter VII of the Charter of the United Nations. But in the face of the mass atrocities committed in Syria, the Council's action has been paralysed for several years by successive Russian vetoes. Russia vetoed 12 draft resolutions on Syria, including six on the chemical issue alone. Those vetoes had no other objective than to protect the Syrian authorities — to guarantee a regime of impunity, in defiance of all international standards. To allow the indefensible, Russia has deliberately chosen to sacrifice the ability of the Council to act, the most important tool of our collective security. We had proof of that again last Tuesday.On 7 April, Douma joined Ypres, Halabja and Khan Shaykhun in the litany of chemical massacres. I solemnly say that, in deciding to once again use chemical weapons, the regime reached a point of no return on 7 April. France will assume its responsibility to put an end to an intolerable threat to our collective security and to finally ensure respect for international law and the measures taken for years by the Security Council.A chemical attack like that of Douma, which consists in gassing the last inhabitants of a besieged enclave — even when it is about to fall, even when the last fighters are negotiating their surrender — is the height of cynicism. That is where we are after seven years of the regime's war against its people. This is the situation to which the world must provide a firm, united and resolute response. That is our responsibility today.It will also be essential to combat impunity for those responsible for the use of such weapons and, more broadly, for those who are responsible for the most serious crimes committed in Syria. France is fully committed to that endeavour. That is the purpose of the International Partnership against Impunity for the Use of Chemical Weapons, which we initiated last January. We will also continue to support and assist all international mechanisms in their work to investigate the most serious crimes committed against civilians in Syria.In addition to the chemical issue, continuing violations of international humanitarian law must cease without delay. We ourselves demanded it by unanimously adopting resolution 2401 (2018) — thwarted the day after its adoption by the resumption of bombardments by the regime with the active support of its allies, including those within the Council who had subscribed to the truce. Resolution 2401 (2018) has lost none of its relevance, quite the contrary — full and unhindered humanitarian access to help populations in distress must be implemented throughout the territory. It is essential and urgent that humanitarian convoys can reach eastern Ghouta safely and that civilians fleeing hostilities or in need of medical treatment can be protected.Finally, we can only sustainably resolve the Syrian crisis within the framework of a political solution and on the basis of the full implementation of resolution 2254 (2015). Only under those conditions can put an end to the suffering of the Syrian people, eradicate terrorism and work together for the stability of the Middle East. We have been calling for a political solution for seven years. May those who join us today in their concern about the consequences of the Syrian crisis finally force the regime to accept negotiations under the aegis of the United Nations.We cannot allow the most fundamental values and standards of humanity, such as those emanating from the Charter of the United Nations, be thwarted and flouted in front of our eyes without reacting. Those values and standards must be defended and protected. That is the reason behind our commitment — to restore the complete ban on chemical weapons set in stone within international conventions, and thereby consolidate the rule of law. It is the responsibility of those who believe, like France, in effective multilateralism led by a respected United Nations.We must stop the Syrian chemical escalation. We cannot allow a country to simultaneously defy the Council and international law. The ability of Damascus to violate all our norms constitutes a threat to international security. Let us put an end to it.S/PV.8231 Threats to international peace and security 13/04/2018 10/22 18-10728 Ms. Pierce (United Kingdom): The Secretary-General has presented a catalogue of danger in the Middle East, including Gaza, Yemen and Iraq. It is no disrespect to those issues that today, like other speakers, I will concentrate on Syria. The United Kingdom will be ready to put its shoulder to the wheel on those other issues when the time comes.The situation we face today and the reason we are in the Security Council today arise wholly and solely from the use of chemical weapons on the Syrian people, most probably by the Syrian regime — not just once, but consistently and persistently over the past five years. The highest degree of responsibility, to quote the Russian Ambassador, is indeed what the Council, and in particular its five permanent members, are for, and it is our duty to uphold.The British Cabinet met recently and concluded that the Al-Assad regime has a track record of the use of chemical weapons and that it is highly likely the regime is responsible for Saturday's attack. This is a further example of the erosion of international law in relation to the use of chemical weapons, as my French and American colleagues have set out, and it is deeply concerning. But more important than that, the use of chemical weapons cannot be allowed to go unchallenged. The British Cabinet has agreed on the need to take action to alleviate humanitarian distress and to deter the further use of chemical weapons by the Al-Assad regime. To that end, we will continue to work with our friends and allies to coordinate an international response.The Secretary-General mentioned the Cold War. Of course, the Cold War was bracketed by East-West cooperation. We have been on the same side as Russia. In April 1945, Russia liberated Vienna as part of our joint efforts to bring peace to Europe. In 1995, it passed the Dayton Accords at part of our joint efforts to bring peace and stability to Bosnia and Herzegovina. But in 2018 the Russians refuse to work with us to bring peace to Syria.Instead, since the first attack on Ghouta and chemical-weapons use, in 2013, the Joint Investigative Mechanism has ascribed two uses of mustard gas to Da'esh, three uses of chlorine to the Syrian regime and one use of sarin to the Syrian regime before the latest attack. As my French colleague has set out, the United Kingdom, the United States and France are members in good standing of the Chemical Weapons Convention. We are members and supporters of the Organization for the Prohibition of Chemical Weapons and its Fact-finding Mission. In the debates in the Security Council earlier this week, we would have dispatched an investigative mission, had Russia and Bolivia not blocked that effort (see S/PV.8228).Syria is the latest pernicious chronology of Russia's disregard for international law and disrespect for the international institutions we have built together to keep us collectively safe. This is revealed in actions over Georgia 10 years ago, over Malaysia Airlines Flight MH-17 and over the attack in Salisbury, which we will return to next week.Let me repeat what I said in the Security Council last week. My Government and the British people are not Russophobic. We have no quarrel with the Russian people. We respect Russia as a country. We prefer a productive relationship with Russia, but it is Russia's own actions that have led to this situation.What has taken place in Syria to date is in itself a violation of the United Nations Charter. No purpose or principle of the Charter is upheld or served by the use of chemical weapons on innocent civilians. On the contrary: to stand by and ignore the requirements of justice, accountability and the preservation of the non-proliferation regime is to place all our security — not just that of the Syrian people — at the mercy of a Russian veto. We will not sacrifice the international order we have collectively built to the Russian desire to protect its ally at all costs.The Russian Ambassador set out what Russia is doing on the ground in Syria. He thought that might be inconvenient for me to hear. However, it is not inconvenient for me to point out that Russia has given $5.5 million to the United Nations appeal. The United Kingdom has given a $160 million, and this is part of a contribution totalling $3.5 billion in all. It is not inconvenient for me to say that; it may be inconvenient for the Russian Ambassador to hear it.The Russian Ambassador also asked why we were not joining in and trying to stabilize actions in Syria and bring about peace. We have tried. Indeed, we have tried very hard to support Staffan de Mistura in getting the Geneva political process under way, and we shall continue to so. But we do not join Russia, because, sadly, its efforts have not been to try and restart the Geneva process. Instead, their efforts have been to support Syria in the use of chemical weapons and the 13/04/2018 Threats to international peace and security S/PV.8231 18-10728 11/22 bombardment of the Syrian people. In the area known as T-4, they helped the regime liberate this area but they took their eye off the ball and Da'esh took it back. They took it again, but, sadly, foreign fighters have been able to re-establish themselves there. This is not de-escalation. This is not political progress. This is a gross distortion by Russia of what is actually happening on the ground.The circumstances that we face today are truly exceptional. My colleagues from the United States and France have set out in great detail the catalogue of awful things that are happening to the Syrian people. That catalogue goes to the heart of what the Geneva Conventions, the non-proliferation regime, the United Nations and the Security Council are for. It is not only dangerous what Russia is doing in vetoing our resolutions and in supporting the Syrian regime's actions against its own people. It is ultimately prejudicial to our security. Indeed, it will let Da'esh re-establish itself. It is something that we believe we need to take action to defend.Mr. Skoog (Sweden): I thank the Secretary-General for his briefing today, for his efforts and for his good offices.Last weekend, reports once again began to emerge of horrifying allegations of the use of chemical weapons in Syria, this time in Douma, with reports of a large number of civilian casualties. Like many others, we were alarmed by these extremely serious allegations, and we called for an immediate, impartial and thorough investigation to establish the facts. In that regard, we welcome the fact that the Fact-finding Mission of the Organization for the Prohibition of Chemical Weapons (OPCW), which we fully support, has been deployed to Syria. Full access and cooperation by all parties must now be ensured.I want to reiterate once more that Sweden will spare no effort to combat the use and proliferation of chemical weapons by State or non-State actors anywhere in the world. We unequivocally condemn in the strongest terms the use of chemical weapons, including in Syria. It is a serious violation of international law, it constitutes a threat to international peace and security, and their use in armed conflict is a war crime. The international disarmament and non-proliferation regime must be safeguarded, which is best achieved through true multilateralism and broad international consensus.We share the outrage and the frustration of many in this Chamber about chemical-weapons use in Syria. Those responsible for such crimes must be held accountable. We cannot accept impunity.The conflict in Syria is in its eighth year, and we are at a dangerous moment. We fully share the deep concern expressed by the Secretary-General about the risks of the current impasse and the need to avoid the situation escalating and spiralling out of control and to pay further attention to the divides, tensions and fault lines in the region, as described again by the Secretary-General this morning.We remain deeply disappointed that the Security Council has been unable to agree and move forward on a substantial, swift, and unified response to the use of chemical weapons in Syria. We deeply regret that Russia once again used its veto and blocked the Council from taking action this week (see S/PV.8228). Over the past few days, we have tried to ensure that all peaceful means to respond have seriously been considered. We are working tirelessly to ensure that no stone is left unturned in efforts to find a way forward in the Security Council. The Secretary-General offered to support such efforts through his good offices, which is an opportunity that should be seized. That is why yesterday we circulated yet another proposal that asks for four things.First, it condemns in the strongest terms any use of chemical weapons in Syria and expresses alarm at the alleged incident in Douma last weekend, because the use of chemical weapons constitutes a serious violation of international law.Secondly, it demands full access and cooperation for the OPCW Fact-finding Mission, because we need facts and evidence about what happened in Douma last weekend.Thirdly, it expresses the Council's determination to establish a new impartial, objective and independent attribution mechanism based on a proposal by the Secretary-General, because the perpetrators of chemical-weapons attacks must be identified and held to account, and, to that end, we need a new mechanism.Fourthly, it requests the Secretary-General to dispatch immediately a high-level disarmament mission to Syria because we need to resolve all outstanding issues on chemical weapons and rid Syria once and for all possible chemical weapons that might still exist in S/PV.8231 Threats to international peace and security 13/04/2018 12/22 18-10728 the country. Such a mission would add political and diplomatic leverage to the necessary technical and professional work of the OPCW. We therefore call on all members of the Council to muster the political will and respond to the appeal by the Secretary-General so as to come together and move forward.The use of chemical weapons is a grave threat to international peace and security. It is indeed deplorable that the Council has not yet been able to come together and agree on a timely and firm response. Even though the use of chemical weapons in itself violates international law, any response must comply with international law and respect the Charter of the United Nations. The time has now come to urgently revert to a political process under United Nations auspices for a political solution in line with resolution 2254 (2015), and for Syria and the Astana guarantors to move forward without further delay and live up to their commitments so that resolution 2401 (2018), which demands the cessation of hostilities and humanitarian access, can be fully and urgently implemented. That is the only way to end to the suffering of the Syrian people and end the brutal seven-year-long conflict.We firmly believe that there is a way for the Council to shoulder its responsibilities under the Charter. We believe that there continues to be a way for the Council to come together. We believe that we need to ensure that we have exhausted every peaceful effort and every diplomatic option to stop further atrocities from being carried out in Syria, hold those responsible to account, come to terms once with the chemical-weapons issue in Syria, cease hostilities and find a political solution.Mr. Ndong Mba (Equatorial Guinea) (spoke in Spanish): First of all, on behalf of the Republic of Equatorial Guinea, I thank Secretary-General António Guterres for having illustrated for us the chaotic and dangerous situation currently prevailing in the Middle East by providing a detailed overview of every one of the conflicts in that vulnerable region, from Libya to the desolate and devastating crisis in Syria, which, as all evidence suggests, runs the imminent risk of dramatically deteriorating.In line with the statement of the Secretary-General, we reaffirm Equatorial Guinea's firm belief that in confronting such situations we must always have recourse to dialogue and establish and respect mechanisms intended for achieving the peaceful settlement of conflicts until such options are exhausted. A unilateral military response could be counterproductive, and, far from solving the problem, it would lead to more suffering and chaos than already present, as the Secretary-General indicated — and additional disorder as in case of Libya, with which we are well familiar in Africa, and the consequences of which affect the entire Sahel region and part of Central Africa. We stand categorically against the use of force with the sole exception that it be justified under the conditions set forth under the Charter of the United Nations Charter and that it be used as a last resort after all other means have been exhausted.We are concerned about the rhetoric that is being used. It sounds dangerously familiar to us, and we do not like where it might lead us. We appeal to Governments' sense of responsibility, and in particular to the permanent members of the Security Council, as we believe that they have the additional responsibility of defending the relevance of the Council.We would like to ask the following questions. Who benefits from the inability of the Security Council to make decisions? Are we contributing to delegitimizing the Council? Are we actively eroding the Council's relevance in the international political arena? If the Council is unable to take action, how long will it take before the international community withdraws its faith, hope and trust in the Council?There is no military solution to the Syrian issue. We must therefore continue to look for ways to solve the problem through diplomatic channels. All Council members must act responsibly and agree to establish an independent and impartial monitoring mechanism to ascertain what took place in Douma and ensure accountability and that the perpetrators are brought to justice.The Secretary-General stated his disappointment with the Council's failure to establish a mechanism that would identify and attribute responsibility to those using chemical weapons. We could not agree more with that statement. Only a few days ago, our delegation stated its frustration when the Council failed to adopt three draft resolution put to the vote (see S/PV.8228). The Secretary-General's offer concerning his good offices must be considered, and we must provide him with that opportunity.In conclusion, we reiterate the position of Equatorial Guinea in arguing against and condemning 13/04/2018 Threats to international peace and security S/PV.8231 18-10728 13/22 the use of chemical weapons and other weapons of mass destruction regardless of who uses them.Mr. Llorentty Solíz (Plurinational State of Bolivia) (spoke in Spanish): I thank you, Sir, for having convened this meeting. We welcome the presence of the Secretary-General among us. His assessments are always very precise and useful, and we thank him for the intensive work that he is doing for the benefit of upholding the purposes and principles of the Organization.For some reason, some members of the Security Council are avoiding addressing the main reason for convening this meeting, which is that one State Member has threatened the unilateral use of force in violation of the Charter of the United Nations. Much has been said about the use of chemical weapons, and Bolivia would like to make clear its total and absolute condemnation of the use of chemical weapons or the use of chemical agents as weapons as unjustifiable and criminal acts wherever, whenever and by whomever they are committed. For their use is a grave crime under international law and against the interests of international peace and security. Those responsible for committing those terrible and criminal acts must be identified, investigated, prosecuted and punished. We demand a transparent and impartial investigation that must identify those responsible for any act of the use of chemical weapons.Needless to say, it is essential that the Security Council ensures an independent, impartial, complete, conclusive and, above all, depoliticized investigation. We regret that the Security Council has as yet failed to achieve that objective. Nonetheless, we will support all work intended to accomplish that goal. It is crucial that the Council continue to discuss the issue of the use of chemical weapons, but I reiterate that what has brought us together at this meeting is the threat of one State Member' illegal use of force.Over the past 72 years, humankind has built a framework that is not only physical or institutional, but also juridical. Humankind has setup instruments of international law intended precisely to prevent the most powerful from attacking the weakest with impunity so as to establish a balance in the world and prevent grave violations to international peace and security. We have built an international system — the Security Council is clear evidence of it — based on rules. It is the duty of the Council and of all the organs of the United Nations to respect those rules and defend multilateralism. The Charter of the United Nations, which prohibits unilateral action, must be upheld.Another key detail to remember is that the Security Council is not representative of the five permanent members it comprises, nor of its 15 members seated around this table; rather, it represents the entire membership of 193 States, both the nations and their peoples. The Security Council must not be utilized as a sounding board for war propaganda nor interventionism. It should also not be made into a pawn to be sacrificed on the chessboard of war, geopolitics and petty interests.We have heard many stories from history about the prohibition of chemical weapons, and Bolivia is an active participant in that system, but I would like to talk about the story of our Charter. When one is unsure about how to act under certain circumstances, I read that the best way to settle such uncertainty is to recall the principles of the French Revolution and reflect on where the principles of liberty, equality and fraternity are upheld. Those principles form part of the genesis of the Charter. Another part comes from the Magna Carta, of course, which, for the first time in history, limited the exercise of power precisely to defend the weakest.Another antecedent to the Charter is the Yalta Conference. I read that the Conference established the system of control and checks and balances, which is the Security Council with its five permanent members. Bolivia did not attend the Conference. As I understand it, just Churchill, Roosevelt and Stalin were present. The outcome of the Conference was ratified at the San Francisco Conference a few months later in 1945. That is the system that we have agreed to uphold, which is why I believe that is essential to understand the principles of our Charter. Our Charter is not words on page, meant to hand out to tourists visiting the United Nations Headquarters, but rather a set of norms that we have agreed to comply with and uphold. Article 2 states that"The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles."Principle 4 of Article 2 reads,"All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of S/PV.8231 Threats to international peace and security 13/04/2018 14/22 18-10728 any state, or in any other manner inconsistent with the Purposes of the United Nations."That is to say that any use of force must be authorized by the Security Council, in accordance with the Charter. Any form of unilateral action therefore contravenes international law and the purposes and principles of the Charter.Another point worth mentioning is that we have listened, with due respect, to our colleagues speak about the criminal use of chemical weapons, and we completely agree with them on that. However, it would be very dangerous to fight an alleged violation of international law with another violation of international law and the Charter. That is why, in this specific case, we hope that there is an independent, impartial, comprehensive and conclusive investigation.Allow me to offer a clarification to my dear colleague from the United Kingdom. While Bolivia voted against one draft resolution, it voted in favour of two others. It voted against the one because, regrettably, this platform was being exploited for political motives. Draft resolutions are presented for nothing more than the spectacle of it, for the television cameras. Draft resolutions are presented knowing that they will be vetoed, and not all efforts are put forth to reach consensus, though that is what we normally do for resolutions.We believe that this meeting is very important because we not only discussing an attack on a Member State, or the threat of a military strike against a Member State of the United Nations, whichever it may be, but rather because we are living at a time of constant attacks on multilateralism. Let us recall that the achievements in the Paris Agreement on Climate Change have been undermined. Let us recall that the gains reached with the Global Compact for Migration have been eroded. Let us recall that there is a clear policy and mindset of multilateralism subversion. What happens is that for some the discourse on human rights is used until it no longer serves their interests, and then they violate those rights.My region is a witness to that. We endured Operation Condor, as it was called, during the 1970s, which was planned by the intelligence services of some Member States. When democracy did not suit them, they financed coups d'etat. When they were unhappy with the discourse on human rights, they infringed human rights. When the discourse of democracy was no longer enough, they were ready to finance coups d'etat. The use of unilateral practices leaves behind unhealed wounds, despite the passage of time.Some of the members of the Council have spoken on the situation in Iraq and Libya, which I believe are some of the worst crimes that have been committed this century. The invasion of Iraq, with its dire consequences, left more than 1 million dead. The effects of the strikes against Libya and the regime-change policies imposed on it, which, as my colleague from Equatorial Guinea aptly said, they still feel, suffer and endure throughout the entire region of the Sahel and Central Africa. But no one wants to talk about the root causes of those conflicts, and no one will talk about the impunity enjoyed for those serious crimes. It warrants repeating. Those are the most serious crimes committed this century. We hope that all the members of the Security Council, given the high degree of responsibility we have — 10 of us elected by the membership and five enjoy the privilege to have a permanent seat on the Council with the power of veto — must lead by example for the rest of the membership on the fulfilment of the purposes and principles of the Charter.By way of conclusion, I would like to reiterate what former Secretary-General Ban Ki-moon said in a similar situation in 2013: "The Security Council has the primary responsibility for the maintenance of international peace and security". That is my appeal. Everything must be addressed within the framework of the Charter. The use of force is legal only in the exercise of the right to self-defence, in line with Article 51 of the Charter, or when the Security Council approves such action. That was the reason for the meeting, and Bolivia's position is to categorically condemn any threat or use of unilateral force.Mr. Alotaibi (Kuwait) (spoke in Arabic): At the outset, I would very much like to thank the Secretary-General for his valuable briefing today. We share his concern about the fact that the Middle East is experiencing crises and challenges that unquestionably represent threats to international peace and security. The situation will undoubtedly deteriorate if the Security Council resolutions are not implemented by the relevant parties.The question of Palestine, the practices of the Israeli occupation there and its continued violations of international humanitarian law, international human rights law and the relevant Security Council resolutions 13/04/2018 Threats to international peace and security S/PV.8231 18-10728 15/22 are testament to that. The most recent is its repression of peaceful protests in Gaza and the use of excessive force. That led to the deaths of dozens of civilians and injuries to hundreds as they exercised their legitimate right to demonstrate peacefully in support of the March of Return. Kuwait condemns those Israeli practices in the strongest terms. We regret that the Security Council has not taken action to condemn such acts of repression or to call on the Israeli occupation forces to end them. The Israeli occupying Power should not be an exception. Everyone should respect and abide by international law and the Charter of the United Nations and should implement the relevant Security Council resolutions with the aim of achieving a just, comprehensive and lasting peace that can fulfil the Palestinian people's legitimate political right to establish their own State on their own land, with East Jerusalem as its capital.We have had a number of meetings over the past few days. Today's meeting would not have taken place if we had been able to agree on a new mechanism to investigate the allegations of the use of chemical weapons in Syria. This disagreement has led to deep divisions among the members of the Security Council. We must step up our efforts to advance the stalled political process in Syria. We have been concerned about escalating tensions among all parties since the beginning of the year. Through the adoption of resolution 2401 (2018), which primarily calls for a cessation of hostilities throughout Syria for at least 30 days, we tried to improve the humanitarian situation. Unfortunately, however, it has not been implemented and has in fact been violated in flagrant disregard for the will of the international community.We share the concern and disappointment of the Secretary-General about the deteriorating situation in Syria and the ongoing allegations of the use of chemical weapons, and support his call for an agreement on a new mechanism to ensure accountability and end impunity in Syria. We reiterate our support for the efforts of the Fact-finding Mission of the Organization for the Prohibition of Chemical Weapons to establish the facts surrounding the alleged use of chemical weapons in Douma, in eastern Ghouta, and emphasize that there must be accountability for the perpetrators of those crimes, if they are confirmed.In view of our responsibility as members of the Council, we should do our utmost and not lose hope, and we should continue our efforts to agree on the establishment of an independent, impartial and professional mechanism for attributing responsibility and ensuring accountability. The continued violations of international humanitarian law, international human rights law and the relevant Security Council resolutions, including resolution 2118 (2013), by the warring parties in Syria further convince us that, in the case of grave violations of human rights or crimes that amount to war crimes or crimes against humanity, there should be a moratorium on the use of the veto as a procedural matter, so that such tragedies for innocent civilians are not repeated.The State of Kuwait takes a principled and firm position, in line with that of the League of Arab States. We call for preserving the unity, sovereignty and independence of Syria, as well as for a cessation of the violence and hostilities in order to put an end to bloodshed, protect the Syrian people and achieve a peaceful settlement. This would be done under the auspices of the United Nations and through the efforts of the Secretary-General's Special Envoy to Syria, based on the Geneva communiqué of 2012 (S/2012/522, annex) and resolution 2254 (2015), with the aim of achieving a political transition agreed on by all sectors of Syrian society and of meeting their legitimate aspirations.Mr. Umarov (Kazakhstan): We join others in expressing our appreciation to the Secretary-General for his insightful briefing and personal presence at today's meeting. In our view, since his appointment as steward of this world Organization, he has ceaselessly promoted a very important approach, which is the use of amicable and preventive diplomacy.Following an alert to the world, the Security Council underlined in its first presidential statement of 2018, on preventive diplomacy and sustaining peace (S/PRST/2018/1), adopted during Kazakhstan's presidency of the Security Council, that the ways to address conflict may include measures to rebuild trust by bringing Member States together around common goals. That has been particularly important in situations where international relations have featured confrontations and tension behind which the contours of a global war are increasingly apparent. We are right now in a moment when we must exercise special caution and vigilance in making decisions about our actions, especially in the Middle East. We believe that it is time to tap into all the tools available for a comprehensive strategy of preventive diplomacy in order to avoid the very serious consequences of any S/PV.8231 Threats to international peace and security 13/04/2018 16/22 18-10728 military action that could have repercussions for global security and stability.The recent escalation of the rhetoric on Syria and the threat of the use of unilateral actions has left the delegation of Kazakhstan deeply concerned about the unfolding situation, which has the potential to endanger the maintenance of international peace and security. We all bear a responsibility for complying with international law and order, and none of our countries has the right to violate the Charter of the United Nations or to act or threaten to act unilaterally with respect to a sovereign nation under any pretext, unless that is decided by the Security Council. The Security Council is a collective body and is designed to take balanced decisions with regard to the issues of peace and security. We can agree or disagree, but we are mandated to work together to achieve a decision for which we have to bear a collective responsibility.Kazakhstan believes that the most effective way to prevent conflicts is to use diplomacy and mediation, not military means. We look forward to the next round of talks to be held in Geneva and in our capital, Astana, when the parties will address the stepping up of efforts to ensure observance of their respective agreements, among other issues.In addressing the disputes over the issue of the alleged use of chemical weapons in Douma in Syria, which has provoked the most recent tension in international relations, we consider it necessary to state the following. Kazakhstan strongly condemns any use of chemical weapons, if confirmed. Impunity is not permissible. We should act resolutely to stop any further use of such inhuman weapons, but we should act on the basis of proven facts. In this particular case, where there are doubts about the actual use of a poisonous substance, Kazakhstan calls on the members of the Council to be patient, at least until the expert group of the Fact-finding Mission of the Organization for the Prohibition of Chemical Weapons (OPCW) to Syria is deployed to the site of the alleged attack and can report on the findings of its investigation, particularly given that yesterday we learned that the Syrian Government has granted visas for the OPCW investigators and pledged to facilitate access to the sites of the alleged chemical attack. We should first establish and understand the scientifically and professionally ascertained facts, after which the Council should decide on the appropriate line of action to take.At this stage, any military action or threat of it without the prior approval of the Security Council is undesirable. It could have a long-lasting negative impact that would be very difficult to overcome and could result in unprecedented and unanticipated complications. Kazakhstan remains committed to the Charter of the United Nations and to all Security Council resolutions aimed at resolving the political and humanitarian aspects of the Syrian conflict. We believe it is crucial to exercise restraint and refrain from any rhetoric that might exacerbate the already fragile and volatile situation. Such a pause for reflection on the consequences is essential to preserving international peace and security.In the light of the prevailing circumstances, it is more critical than ever that all Council members implement resolution 2401 (2018). The crisis in Syria can be resolved only through an inclusive and Syrian-led political process, based on the Geneva communiqué of 30 June 2012 (S/2012/522, annex), subsequent Security Council resolutions and the relevant statements of the International Syria Support Group. Lastly, we fully endorse the views articulated by the Secretary-General on 11 April about the risks of the current impasse that we are witnessing today (see SG/SM/18984). We must at all costs avoid the situation spiralling out of control. Our ultimate goal should be to put an end to the horrific suffering of the Syrian people and to help them to move forward on a path of peace and progress.Once again, this is an alarming moment, and we need to work together to restore unity and effectiveness in the Security Council by rebuilding trust and consensus in order to preserve global peace and security. We need cooperation within the Council to establish a workable attribution mechanism, which we passionately advocated today in this Chamber. Let us make it happen and transform our words into real deeds. The delegation of Kazakhstan is ready for that and calls on its colleagues to go the extra mile in that direction.Mr. Alemu (Ethiopia): We thank the Secretary-General for his briefing and deeply appreciate his efforts to weigh in on the grave challenge that we are facing, in order to ensure that what should and must be avoided will not happen because of miscalculation or a lack of thoughtfulness or of appreciation for the tremendous responsibility that the Security Council, especially its permanent members, bears. The Cold War is back with a vengeance, the Secretary-General said, but this time, he went on to tell us, in a less managed 13/04/2018 Threats to international peace and security S/PV.8231 18-10728 17/22 manner. It is difficult to quarrel with him. His approach was quite comprehensive, focusing, as he said, on the multiplicity of dangerous conflicts that the Middle East is facing. While his approach may be better, I choose to focus on Syria because it is the current flashpoint.Following the alleged chemical attacks in Douma, it is regrettable that the Council was not able to adopt a resolution to create an independent, impartial and professional investigative mechanism for identifying those responsible for the use of chemical weapons in Syria. This is a problem that has been with us for some time and a reality that sadly reflects the lack of unity in the Council even on matters that are manifestly in the common interest of all. We certainly welcome the deployment of the Organization for the Prohibition of Chemical Weapons Fact-finding Mission to Syria to establish the facts surrounding the alleged use of chemicals as weapons. We have repeatedly stated that using chemicals as weapons is inhumane, and we condemn their use by any actor under any circumstances. One matter remains, and that is establishing a mechanism for attribution. We hope that will be done as soon as possible, but that does not mean that in the meantime we should cease to exercise maximum restraint in the interests of peace.Right now, pragmatic considerations and simple rational calculation suggest that we must get our priorities right. We need to continue to live if we are to be able to fight evil. We have continued to express our deep concern about the current dynamics in Syria and their devastating implications for regional and international peace and security. We fully concur with the Secretary-General, who stressed in his statement of 11 April that it is vital to ensure that the situation does not spiral out of control (see SG/SM/18984). He stressed that legitimate concern again today. The Security Council, as the principal body responsible for the maintenance of international peace and security, should not and cannot allow that to happen. At a time when we are talking about preventive diplomacy — as well as after appointing a Secretary-General who told us, in his maiden speech to the Council (see S/PV.7857), that prevention is not merely a priority, but the priority — now is the time for the United Nations to undertake the search for diplomacy for peace in earnest. If we are seriously committed to moving our Organization from a culture of reaction to one of prevention, now is the time to stand firm, speak with one voice and take proactive and collective action that can be respected by all major stakeholders.That requires the Council to be united for global peace and security. We know that is difficult, but we believe that we have no other sane option. This is the time for the Security Council to stand up and be counted. The Security Council is the custodian of the Charter of the United Nations, which, growing out of the devastation of the Second World War, promised to save succeeding generations from that scourge. That is a clarion call the Council should heed and act on. The situation should not be allowed to spiral out of control. The Secretary-General is right and the Council should listen to him.Mr. Van Oosterom (Netherlands): We thank the Secretary-General for his comprehensive and insightful briefing. His statement rightly focused on the broader Middle East. However, I will focus on the most pressing issue at hand, the use of chemical weapons in Syria.The Charter of the United Nations starts with the words "We the peoples of the United Nations", and while the Russian Federation is blocking the Council from taking effective action on the crimes of Russia's ally Syria, all peoples of every nation are outraged by the continued unrestrained violence that the Syrian regime has unleashed against its own people. As the Secretary-General just said, the people of Syria have lived through a litany of horrors. No responsible Government can ignore the universal outrage that those horrors have provoked.Our collective incapacity in the Council to stop the crimes in Syria should weigh heavily on the conscience of all our members, but on the conscience of one permanent member in particular. It was our collective conscience that created the Charter of the United Nations. It was our collective conscience that created the Chemical Weapons Convention. The use of chemical weapons is unlawful in and of itself. It is a violation of the Charter of the United Nations. It is a serious violation of international law and may constitute a war crime and a crime against humanity.We strongly believe that the international community must fully uphold the standard that the use of chemical weapons is never permissible. As the Secretary-General just said, the norm against the use of chemical weapons must be upheld. The non-proliferation regime must be upheld. Accountability for the use of chemical weapons in Syria is therefore neither optional S/PV.8231 Threats to international peace and security 13/04/2018 18/22 18-10728 nor negotiable. The images of last weekend's attack in Douma are appalling. Atrocities have once again been inflicted on Syria's civilian population. Once again, dozens of innocent civilians have been killed and hundreds injured. The Kingdom of the Netherlands believes that it is highly likely that the Syrian regime is responsible for the attack. It has a proven history of such attacks, having used chemicals as a weapon against its own people in 2014, 2015 and 2017. It is unacceptable that four years after Syria joined the Chemical Weapons Convention, its declarations can still not be verified as accurate or complete.The Kingdom of the Netherlands is a long-time supporter of fighting impunity when it comes to chemical weapons. Regrettably, all attempts to achieve accountability in the Council have failed. Referral to the International Criminal Court was vetoed. The renewal of the mandate of the Joint Investigative Mechanism (JIM) was also vetoed. This week, accountability was again vetoed. With its vetoes, the Russian Federation has assumed much responsibility for the crimes committed by the Syrian regime. The draft resolution for a new accountability mechanism that was vetoed this week remains the bare minimum of what is acceptable to the Kingdom of the Netherlands. We will not settle for anything less than an independent, impartial attribution mechanism that can ensure that the culprits of that vicious attack will be identified and held accountable.No veto can wipe from our memory the clear findings presented by the JIM on the use of chemical weapons by the Al-Assad regime and Da'esh. No veto can stop our compassion for the victims of the chemical-weapon attack last weekend. No veto can end our determination to achieve justice for the victims and for the people of Syria as a whole.In conclusion, the Kingdom of the Netherlands remains committed to fighting impunity. We reiterate our strong support for an international, impartial and independent mechanism, the Commission of Inquiry, the International Partnership against Impunity for the Use of Chemical Weapons and a referral of the situation in Syria to the International Criminal Court in The Hague, as the most appropriate path to accountability and justice. At the heart of our policy on Syria is a deep desire for peace and justice for its people. Impunity cannot and will not prevail.Let me end with warm words of appreciation to the Secretary-General and his tireless efforts for justice and the international legal order.Ms. Wronecka (Poland): I would like to thank the Secretary-General for his comprehensive briefing and to assure him of our full support in finding a political solution to all conflicts, not just the one in Syria.Since we are discussing the situation in the Middle East and in particular the current situation in Syria, let me begin with a very sad observation. Even with our unanimously adopted resolutions, such as resolution 2401 (2018), we are still not seeing any substantial change on the ground. The fighting is far from being over and the human suffering is tremendous. Taking into consideration the current situation and the growing risk of the loss of human life owing simply to a lack of food or medicine, we should try to do our utmost to find possible ways to ensure that life-saving aid convoys can reach those in need. Unfortunately, that applies not only to eastern Ghouta but also to Idlib and Aleppo provinces. We must find a way to alleviate the suffering of ordinary Syrians. The civilian population in Syria has already suffered too much.International public opinion is watching our meetings and sees our lack of agreement on the most basic principles under international humanitarian law. The Council bears enormous responsibility and will be held accountable for its actions. We therefore call on the Council to take the necessary steps to ensure that all the parties to the conflict, especially the regime and its allies, implement the ceasefire, enable humanitarian access and medical evacuations and fully engage in the United Nations-led talks in Geneva, in line with resolution 2254 (2015) and the 2012 Geneva communiqué (S/2012/522, annex), which represent the best path to peace.With regard to the issue of chemical weapons, a century ago that was a normal way to wage war. Just recently we commemorated the hundredth anniversary of the first use of chemical weapons, on the Western and Eastern fronts of the First World War alike. French, British, American and other Allied soldiers were targeted with chlorine in Ypres, while Russian soldiers were dying from the same gruesome weapons in Bolimów, now part of Polish territory. Now, a century later, we are being challenged by these ghastly weapons yet again. Our nations are seeing the effects of the same 13/04/2018 Threats to international peace and security S/PV.8231 18-10728 19/22 toxic gas through the images of civilians who sought refuge in basements in Ghouta and other areas in Syria.Chemical weapons were banned when the Chemical Weapons Convention (CWC) cam into effect in 1997. We had begun a new chapter in the history of non-proliferation and disarmament. All of us in this Chamber agree that the use of chemical weapons by anyone, anywhere is deplorable and unacceptable. Can we really allow the success story of the CWC to be reversed? Will the Security Council allow the vision of a world free of chemical weapons to be destroyed? It is regrettable that the establishment of an independent, impartial investigative mechanism on the use of chemical weapons in Syria was vetoed on Tuesday (see S/PV.8228), thereby enabling those responsible for chemical attacks to remain unpunished. Accountability for such acts is a requirement under international law and is central to achieving durable peace in Syria. As members of the Security Council, we must find a way to reach agreement on how to properly respond to chemical attacks in Syria. We hope to see the Fact-finding Mission of the Organization for the Prohibition of Chemical Weapons (OPCW) deployed to Douma as soon as possible. We reiterate our appreciation to the Director-General and staff of the OPCW for their commitment to its goals and work, often in particularly challenging circumstances.Mr. Tanoh-Boutchoue (Côte d'Ivoire) (spoke in French): The delegation of Côte d'Ivoire thanks Secretary-General António Guterres for his briefing on new developments in the critical situation in several countries in the Middle East, in particular Syria, since the Security Council considered the issue on 9 and 10 April (see S/PV. 8225 and S/PV. 8228).Despite the relative lull in the fighting in Syria, the humanitarian situation remains troubling in the light of the allegations of the recurring use of chemical weapons by parties to the conflict. As a result of its internal divisions, despite our goodwill, the Council has failed to ensure the implementation of resolution 2401 (2018), which we adopted unanimously in order to deliver humanitarian assistance to people in need. In the light of the continuing reports of the use of chemical weapons in Douma, the Council was unable to reach an agreement on a statement that at the very least would have conveyed our solidarity to the Syrian people at this difficult time. The delegation of Côte d'Ivoire remains concerned by the current impasse in the Security Council, which has, unfortunately, prevented it from reaching agreement on a mechanism to combat impunity vis-à-vis the use of chemical weapons in Syria.In this context, we reiterate our support for the impartial, transparent, independent investigation to be conducted by the Fact-finding Mission of the Organization for the Prohibition of Chemical Weapons with the aim of shedding light on allegations of the use of chemical weapons in Douma, in eastern Ghouta.Côte d'Ivoire reiterates its strong condemnation of any use of chemical weapons, by any party, during peacetime or during wartime. Once again we beseech members of the Council to unite so as to set aside their differences and successfully set up an accountability mechanism to ensure that those who use chemical weapons are held accountable.We remain alarmed by the tensions stemming from the current political impasse, and we encourage the Secretary-General to make use of his good offices with stakeholders to restore peace and calm, in order to prevent any further escalation of the situation. To that end, my country invites all parties to exercise restraint so as to peacefully resolve this issue and in so doing safeguard international peace and security, which is our shared legacy.Côte d'Ivoire reaffirms our conviction and our principled position that there can be no military response to the crisis in Syria. The solution needs to be sought through dialogue and an inclusive political process, as stipulated in the road map set out by resolution 2254 (2015). My country remains convinced that dialogue alone will lead us to an equitable settlement of the conflict in Syria.The President (spoke in Spanish): I shall now make statement in my capacity as the representative of Peru.We would like to express our gratitude for the briefing by Secretary-General António Guterres and to thank him for his willingness to help to achieve a solution to the impasse in which the Security Council currently finds itself. We encourage him to continue to spare no effort in this respect, in line with the prerogatives conferred upon him by the Charter of the United Nations.Peru expresses its deep-rooted concern at the divisions that have emerged in the Council, in particular between its permanent members, and at the regrettable use of the veto, which limits our capacity to maintain S/PV.8231 Threats to international peace and security 13/04/2018 20/22 18-10728 international peace and security and to resolve the humanitarian conflicts and crises that form our agenda.We note with alarm the fact that the conflict in Syria continues to involve atrocity crimes committed with impunity and that it has deteriorated into a serious threat to regional and global stability, to the point where it is giving rise to serious tensions.With respect to reports of the further use of chemical weapons in Douma, we believe it necessary to resume, as a matter of urgency and in a renewed spirit of compromise, negotiations that will lead to ensuring full access, as required, for the Fact-finding Mission of the Organization for the Prohibition of Chemical Weapons, which is being deployed in Syria to determine what happened; and to create a dedicated, independent, objective and impartial mechanism to attribute responsibility.On that understanding, we believe it important to recall once again that there can be no military solution to the Syrian conflict and that any response to the barbaric events taking place in that country must be in keeping with the norms of international law and the provisions of the Charter of the United Nations.We recall also that in its resolution 2401 (2018), the Council ordered a humanitarian ceasefire throughout the entire Syrian territory, and that it is urgent to make headway in the political process in line with resolution 2254 (2015) and the Geneva communiqué (S/2012/522, annex). As the Secretary-General himself said, of particular concern is the potential threat posed by the current deadlock. We must at all costs prevent the situation from spiralling out of control. This must not occur given that our duty is to put an end to the suffering of millions of people and to impunity for atrocity crimes.Peru reiterates its commitment to living up to the lofty responsibility that the maintenance of international peace and security entails. My delegation will continue to work towards a solution to the conflict and protect the Syrian people, in keeping with the Charter of the United Nations and international law.I now resume my functions as President of the Council.I would like to recall the statement by the President of the Security Council contained in document S/2017/507, on the length of interventions.Mr. Ja'afari (Syrian Arab Republic) (spoke in Arabic): First, I should like, on behalf of my Government, to express our condolences to the people and the Government of Algeria in connection with the tragic military plane crash that claimed the lives of 247 passengers.Secondly, I welcome the participation of the Secretary-General in this very important meeting. I thank him for his comprehensive and accurate briefing, which made clear that he and others in the Council did in fact understand this meeting's agenda item. He spoke in a manner commensurate with the threats to international peace and security posed by the allegations and accusations against my country and its allies.My colleague the Ambassador of Sweden said that the use of chemical weapons is a war crime. This is true. I agree with him, as does my Government. However, I would ask him whether he believes that war in itself is a crime and needs to be stopped and prevented. Perhaps this would be a very good title for a book by the Stockholm International Peace Research Institute, and perhaps this would make clear to Member States that war in itself is a crime.My colleague the representative of the United States said that the Syrian chemical weapons that killed civilians had been used 50 times; that is what she said. Chemical weapons were used 50 times and killed 200 civilians. Imagine that — the Syrian Government reversed the course of the global terrorist war against my country by killing only 200 civilians after having used chemical weapons 50 times. Are these not the words of amateurs? This is a scenario for DC Comics' Superman series. Is that how the White House strategists think — that a certain Government has used chemical weapons 50 times to kill 200 civilians? How is that logical?My American colleague overlooked one important detail — that her country, on board the MV Cape Ray, destroyed the Syrian chemical stockpiles in the Mediterranean, along with ships from Denmark and Norway. How could it be that the experts in the United States delegation did not tell her that Ms. Sigrid Kaag told the Security Council in June 2014 that there were no more chemical stockpiles in Syria. Could they have simply forgotten all of that?Some believe that the massive western military forces in the eastern Mediterranean are due to a Sufi Western affection for a handful of terrorist yobs in 13/04/2018 Threats to international peace and security S/PV.8231 18-10728 21/22 Douma. By the way, those yobs were chased out to the North, as the Council is aware. They are now on their way to Saudi Arabia and thence to Yemen. They will be recycled and used on other fronts, including Yemen. No, the massive military forces in the Mediterranean do not target that handful of terrorists. They target the State of Syria and its allies. That should be the topic discussed today in this meeting.My colleague the American Ambassador was not horrified that her country used 20 million gallons of Agent Orange in Viet Nam in 1961, killing and injuring 3 million Vietnamese. Four hundred thousand children are born with deformities every year due to the use of Agent Orange at that time. She was not horrified by her country's forces killing thousands of Syrians in Raqqa and thousands of Iraqis in Fallujah and Mosul through the use of white phosphorus, which is a chemical weapon. I ask my colleague, the Ambassador of Sweden: Is that not a war crime?I would like to read a remark of the former Defence Minister of Britain, Mr. Doug Henderson. He spoke of the use by his country and the United States of white phosphorus in Iraq. I would ask my friend the British Ambassador to listen to this. Mr. Henderson said that it was unbelievable that the United Kingdom would occupy a country — meaning Iraq — to look for chemical weapons and at the same time use chemical weapons against that very same country.George Orwell, the well-respected and ethical Western author said: "In a time of universal deceit, telling the truth is a revolutionary act". The truth that needs to be told today is that three permanent members of the Security Council are dragging the entire world once again towards the abyss of war and aggression. They seek to obstruct the Council's work in maintaining international peace and security, which is the main principle agreed upon and endorsed by our founding fathers when they adopted the Charter of the United Nations in San Francisco on 26 June, 1945. Even though my colleague, the Ambassador of Bolivia has already read it out, I would like to once again remind the Council of paragraph 4 of Article 2 of the Charter:"All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations".The truth that needs to be told today is that those three States have a legacy based on fallacies and fabricated narratives in order to launch wars, occupy States, control their resources and change their governing systems. The truth that needs to be told today is that the entire world and the Council stand witnesses to the invasion, occupation and destruction of Iraq based on a United States lie in this very Chamber 14 years ago. They stand witnesses to France's exploitation of the Council to destroy Libya under the pretext of protecting civilians while ending the future of an entire people for the very simple reason that its President at the time, Mr. Sarkozy, wanted a cover up for his financial corruption. This is an ongoing case, of which members are all aware. However, some countries still fall for those lies promoted by those very same States in order to attack my country, Syria.God bless the days when France the policies of Charles de Gaulle in the Council followed and repudiated the aggression of the United States and Britain against Iraq. We yearn for those days. France no longer respects the policies of Charles de Gaulle and is now one of the countries that launch attacks against other countries.The truth that needs to be told today is that the international community has not sought to rein in those who are reckless and undermine international relations, subjecting them to disaster time and again since the establishment of this international Organization. Our biggest fear is that if the international community does not come together to end the abuse of those who are reckless, then the Organization will die in circumstances very similar to that which led to the death of the League of Nations.The truth that needs to be told today is that after the failure of the United States, Britain, France and their proxies in our region to achieve their objectives in Syria through providing all forms of support to the armed terrorist groups, we see them today tweeting and bragging about their nice, new and smart rockets, and defying international legitimacy from the Council Chamber. They dispatch war planes and fleets to achieve what their terrorists have failed to achieve over the past seven years.The truth that needs to be told today is that the Syrian Government liberated hundreds of thousands of civilians in eastern Ghouta from the practices of armed terrorist groups that used them as human shields, held S/PV.8231 Threats to international peace and security 13/04/2018 22/22 18-10728 them hostage for years and prevented any medical or food assistance from reaching them. The terrorist groups used the schools, homes and hospitals of those civilians as military bases to launch attacks on 8 million civilians in Damascus.The truth that needs to be told today is that some reckless people are pushing international relations towards the abyss based on a fake video prepared by the terrorist White Helmets, pursuant to instructions by Western intelligence.The truth that needs to be told today is that the so-called international alliance used its war planes to serve Da'esh in order to block the victory of the Syrian Arab Army and its allies against that terrorist organization. That international alliance made the White Helmets its media division to fabricate and falsify incidents in order to benefit the Al-Qaida terrorist organization.The government of my country took the initiative to invite the Organization for the Prohibition of Chemical Weapons to dispatch its Fact-finding Mission to visit Syria and the alleged site of the incident in Douma. The Government of my country has provided all the facilitation needed for the team to work in a transparent and accurate manner. The team is supposed to start its work in a few hours. This invitation was issued out of strength, confidence and diplomatic experience, not because we are weak or afraid and giving in to bullying or threats.The Syrian Arab Republic condemns in the strongest terms the Governments of these three States for launching their threats to use power in a flagrant violation of Article 1 of the Charter of the United Nations, which identifies the primary purpose of the United Nations as the maintenance of international peace and security and the suppression of acts of aggression and other breaches to peace.With the exception of the United States, Britain and France, we all understand that the Security Council is the organ charged with the maintenance of international peace and security and should stand against attempts to impose the law of the jungle and the rule of the powerful. However, some Member States think that the United Nations is just a private business company that works on the basis of pecuniary interests, market rules and the principle of supply and demand to determine the fate of peoples and States, and that use it as a platform for cheap theatrics and the dissemination of lies. This is the truth that disappoints the hopes and aspirations of the peoples of the world.I am not reinventing the wheel in this Chamber. The history of our relations with those States is filled with agony, pain and bitterness as a result of their very well-known policies of aggression. Another more important and shocking truth that should be told today is that the silence of the majority with respect to those aggressive policies does not constitute collusion with these States, but it does arise from fear of their arrogance and political blackmail, economic pressure and aggressive record. Those States do not blink when they go after anyone who is telling the truth.In conclusion, if those three States — the United States, Britain and France — think they can attack us and undermine our sovereignty and set out to do so, we would have no other choice but to apply Article 51 of the Charter, which gives us the legitimate right to defend ourselves. This is not a threat the way they do; it is a promise. This is a promise. We will not let anyone attack our sovereignty.Why do I say that this is a promise? I say this because a thought commonly ascribed to the great United States leader George Washington, who lived more than 200 years ago comes to mind — the sound that is louder than that of the cannons is the sound of the truth that emanates from the heart of a united nation that wants to live free. We in Syria also have leaders and prominent figures as great as George Washington. They are doing the same thing for Syria — protecting the unity and sovereignty of their country.The meeting rose at 12.25 p.m.

El Ecuador, como país intercultural y plurinacional recoge en su memoria social todas las costumbres, mitos, leyendas y tradiciones que transforman en direccionamientos para el desarrollo del país en todas sus áreas, ya que compila en el Derecho Consuetudinario de los pueblos originarios del Ecuador su forma de actuar, ya hoy en día gracias a la revolución ciudadana, lo podemos socializar y aplicar, mismos que deben ser cumplidos en forma coercitiva porque ese es su modo de vida, que con toda seguridad lo manifiesto, es la base para llegar al Sumak Kausay. El presente trabajo explica en resumen la historia de nuestros pueblos originarios, mismos que para llegar a la vida republicana y la colonización han sufrido un proceso de expansionismo y dominación incaica – española, en su debido orden, para luego entrar en la capitulación por las grandes empresas de conquistas, organizadas técnicamente en Centro América y expandirse hacia América del Sur e ingresar al proceso de formación del amerindio, que en el tránsito de Inca a indio y campesino, ha sufrido discriminaciones en todo sentido, llegando a ocultar toda la sabiduría ancestral que luego fue catalogado como actividades paganas en contra de Dios de acuerdo a la Biblia que nos trajeron del viejo mundo (Vera, 1989) En este proceso, el amerindio pasa por un período de tamizaje en donde se cumplió con el gran objetivo de la conquista; que desaparezca de una vez por todas los rasgos culturales de la cosmología andina, que el runa y la huarmi tengan vergüenza de sus ancestros, sus etnias y culturas; de este modo, terminaron con su vestimenta, culto, creencias, mitos, leyendas y tradiciones (Derecho Consuetudinario). Conscientes estamos que toda la memoria ancestral se resume en el Derecho Consuetudinario de los pueblos originarios del Ecuador, pero no se puede desarrollar, preservar y socializar sino existe un proceso de enseñanza básica para que sea transmitida de generación en generación, caso contrario, toda esa riqueza cultural quedaría en el olvido. Razón por la cual los maestros cumplen un papel importante en el proceso de enseñanza aprendizaje, ya que son los responsables del conocimiento histórico real del antes y el después de las comunidades y pueblos del Ecuador. Para que un docente pueda transmitir los conocimientos ancestrales inéditos a las futuras generaciones, debe dominar la norma y la sociología jurídica ya que nos da la sabiduría y todas las herramientas para hacerlo con eficiencia, efectividad, y eficacia de todos los conocimientos ancestrales en prácticas diarias; es así como, en la vida republicana, hasta la década de los 90 los educadores no podían realizar prácticas educativas reales en forma clara, transparente y cierta, porque los contenidos científicos se basaban sólo en conocimientos extranjeros o currículos de otros países y en el mejor de los casos al catecismo. Es la Sociología Jurídica, la filosofía y el Derecho Consuetudinario especialmente la danza el teatro y los juegos populares las únicas actividades que de una u otra manera utilizan legalmente los educadores para realizar el proceso de enseñanza aprendizaje con saberes ancestrales plasmados en mensajes a través de corografías, obras teatrales y juegos lúdicos o populares. Tanto en el Ecuador como en el resto de América Latina, existe un nuevo escenario político en la cual la: multi-pluri-inter-culturalidad está ganando espacio y legitimidad. Esta nueva coyuntura incluye el reconocimiento por parte de los estados sobre la diversidad étnica y cultural, así también la necesidad de reconocer derechos específicos, colectivos y de la naturaleza, lo que algunos autores llaman el nuevo "constitucionalismo multicultural", que está enfocado en una nueva forma de solución de conflictos, ya sea por la conciliación, mediación, arbitraje, pero principalmente la justicia indígena (Van, 2000) y su relación con la ciudadanía "étnica" "cultural". (Montoya, 2002). Ratifican la aplicación de los Métodos Alternativos y Solución de Conflictos (MASC) mismos que están amparados por la Constitución ecuatoriana en su Artículo 190. Como bien sabemos, a diferencia de otros países de la región, en el Ecuador este reconocimiento oficial es de mayor jerarquía; reflejo y resultado de luchas y demandas del movimiento indígena, de sus procesos de fortalecimiento identitario como actores sociales, políticos y culturales y de su cuestionamiento de los modelos existentes de ciudadanía, democracia, estado y nación liderados por los movimientos indígenas en sus diversas organizaciones de la costa, sierra y oriente. Las demandas de reconocimiento cultural de los pueblos indígenas y pueblos originarios del Ecuador, han puesto en duda la vigencia de un sistema jurídico mono cultural, aun teniendo en cuenta el escenario del multiculturalismo constitucional que recorrió las reformas constitucionales latinoamericanas desde la aprobación del Convenio No. 169 por parte de la Organización Internacional de Trabajo en 1989. En el Ecuador este proceso es primordial y de sumo interés, razón por la cual con la aprobación del referéndum de la nueva Constitución en el 2008, en la que se define como Estado Plurinacional de Derechos, reconociendo la coexistencia de una diversidad de sistemas jurídicos. Los países de la región, como Bolivia y Venezuela, entre otros, han transitado procesos similares, cuestionando la permanencia del denominado monismo jurídico quien plantea que las crisis son una precondición para el surgimiento de nuevas teorías y referentes para la solución de conflictos. El reconocimiento por parte del Estado de los sistemas jurídicos, no implica que las autoridades de los pueblos y nacionalidades indígenas tengan el objetivo de crear algo nuevo, sino el reconocimiento de una realidad histórica de ejercicio de derechos consuetudinarios, que en el marco de la construcción colonial de la dominación estatal fueron invisibilizados, negados y perseguidos, como prácticas al margen de la ley. El pluralismo jurídico no es una "alternativa" del derecho, sino un proceso de construcción de otras formas jurídicas que identifiquen al derecho con los sectores mayoritarios de la sociedad, y de respuestas institucionales a procesos de transición de una sociedad marcada por la colonialidad hacia una construcción social y estatal de carácter intercultural y plurinacional, en donde se compila todas las costumbres, tradiciones, leyendas y mitos ancestrales. Tal como lo plantea (Coutinho, 1990), "un pluralismo de sujetos colectivos fundado en un nuevo desafío: construir una nueva hegemonía que contemple el equilibrio entre el predominio de la voluntad general, sin negar el pluralismo de los intereses particulares". En los últimos cuatro años de vigencia de la nueva carta magna del Ecuador, la coexistencia de la justicia ordinaria y la justicia indígena no ha estado exenta de conflictos respecto de los alcances de la jurisdicción de la administración y justicia indígena, de la adaptación de procesos a los derechos humanos, de los mecanismos de coordinación entre autoridades estatales y autoridades indígenas, entre otros. En ciertos casos se alcanzan situaciones en las que las autoridades comunitarias fueran sometidas a la justicia ordinaria por exceder su jurisdicción (Ref. Caso La Cocha), así como fuertes reclamos por parte de las autoridades comunitarias respecto de la intervención no solicitada de operadores de justicia al margen de sus derechos colectivos. Razón por la cual sociólogos, filósofos e investigadores para dar jerarquía a toda la memoria, filosofía ancestral y la cosmovisión andina, enfocan como Derecho Consuetudinario para llegar al cumplimiento de la armonía comunitaria. ; Ecuador, as an intercultural and multinational country in its social memory, collects all customs, myths, legends and traditions that become the country's means for development in all areas, as compiled in the customary law of the indigenous peoples of Ecuador that nowadays, thanks to the citizen's revolution we can socialize and apply, these should executed as an imperative because that is their way of life, which I can surely say, is the foundation to achieve the Smac Kausay. In this paper we explain in brief the history of our people, whom to reach the republican status and colonization have undergone a process of expansionism and Inca- Spanish domination, thereafter entering the capitulation by the big companies conquests, technically organized in Central America to expand into South America and enter the process of formation of the Amerindian going from Inca to Indian and peasant, has suffered discrimination in every way; thus hiding all ancient wisdom since it was listed as pagan activities against God and the Bible that were brought from the old continent. In this process the Amerindian goes through a period of screening where he meets the great object of conquest, disappearing once and for all the cultural traits of the Andean cosmology, the run and huarmi are ashamed of their ancestors, their ethnicities and cultures; in this way the screening process finished with their costume, religion, beliefs, myths, legends and traditions. It is known that all the ancestral memory is summed up in the customary law of the indigenous peoples of Ecuador, however, it is not possible for it to develop, preserve and socialize, unless through a process of basic education to be transmitted from generation to generation; otherwise, all this cultural richness would be forgotten. This is why teachers play an important role in the teaching-learning process since they are responsible for the actual historical knowledge before and after the communities and people of Ecuador. For a teacher to transmit to future generations unpublished ancestral knowledge, you must 22 master the art, as only art gives us the wisdom and all the tools to do it with efficiency, effectiveness, and expertise of all ancient knowledge in daily practices; the reason being is that during the republican period until the 90s, educators could not make real educational practices in clear, transparent and authentic ways, because scientific contents are based only on foreign expertise or curricula of other countries. Performing arts are especially theater and dance popular games the only activities that one way or another legally used educators for the teaching-learning process with ancestral knowledge embodied in messages through choreographies, plays and recreational or popular games. Both in Ecuador and in the rest of Latin America, there is a new political scenario in which the multi- -inter-culture is gaining ground and legitimacy. This new bias includes the States recognition over ethnic and cultural diversity, and also the need to recognize personal and common rights, as well as those of nature, for which some authors call the new "multicultural constitutionalism." Van Cott (2000) and its relation to the cultural ethnicity. Montoya (2002). In relation to what is the Alternative Dispute Resolution mean (ADR) which are covered by the Constitution in Article 190. As we know, unlike other countries in the region, in Ecuador this official recognition is of major prominence; reflection and result of struggles and demands of the indigenous movement in the processes of strengthening identity and social, political and cultural actors and their questioning of existing models of citizenship; democracy, state and nation led by indigenous movements in their various organizations through the coast, mountains and east. The demand for cultural recognition of indigenous peoples and indigenous people of Ecuador have questioned the validity of a mono cultural legal system, even taking into account the stage of the constitutional multiculturalism that swept Latin American constitutional reforms since the adoption of Convention No. 169 by the International Labor Organization in 1989. In Ecuador this process is essential and of great interest, thus with the approval of the referendum on the new Constitution in 2008, which is defined as multinational State of Rights, recognizing the coexistence of a variety of legal systems in it. The countries of the region such as Bolivia, Venezuela and others, have passed similar processes, questioning the permanence of the so-called legal monism who argues that crises are a precondition for the emergence of new theories and relating to conflict resolution. The recognition by the State of legal systems does not imply that the authorities of the indigenous people and nationalities have the goal of creating something new, but the recognition of a historical reality exercise of customary rights, which under the colonial domination were invisible, denied and persecuted, and practices outside the law. We do not consider the legal pluralism as an "alternative" use of law but as a process of construction of other legal forms identifying the law with the majority sectors of society and institutional responses to processes of transition from a society marked by colonialism moving towards a social state characterized as intercultural and multinational where all the customs, traditions, legends and ancient myths are compiled. As stated by Coutinho (1990), "a pluralism of collective subjects based on a new challenge: to build a new hegemony that considers the balance between the dominance of the general will, without denying the pluralism of individual interests". In the last 4 years of validity of the new Constitution of Ecuador, the coexistence of ordinary justice and indigenous justice, has not been free of conflict over the scope of the jurisdiction of the administration and indigenous justice, the adaptation of cases to human rights, the mechanisms of coordination between state authorities and indigenous leaders, among others. Reaching in some cases, situations where the Community authorities were subjected to regular courts to "exceed" its jurisdiction (Ref. Case La Cocha) and strong complaints from the Community authorities regarding the unsolicited intervention of justice operators regardless of their collective rights. 24 In this research all cultural features of the main communities and indigenous nationalities of the three regions of Ecuador are also being analyzed, which have gone unnoticed in the social context and in the best case, taken as isolated activities, put in practice or socialized in the main festivities of the people. This is the reason for us as educators for basic education, to give all the memory hierarchy, ancient philosophy and the Andean world we take it as customary law to take into action with the community may it be as a voluntary act or coercively. Part of the study of this paper is also to extent the responsibility to the State-Government, to maintain all the values and principles of the ancestral memory and cultural heritage of the indigenous people of Ecuador in an intact and unchanged way, to transmit to future generations; goal which you can achieve only with the education and training of teachers in different areas, but mainly in performing arts ; as well, on how to handle: customs, traditions, ethnic and folk legends, which is part of the standard of living of the indigenous people and peasants, and serves as a relevant issue to the development of basic education curriculum. This research with proposed development schedule was fulfilling the objectives, analyzing the extent to which cultures of indigenous people of Ecuador are present in the teaching of basic education, teacher training, and the level of positioning in the absence the arts, the presence of popular traditions in the curriculum and teacher preparation for teaching and its impact on society, and only then get to know the cultures of indigenous people of Ecuador in basic education. A study on the contribution of arts and popular traditions in the curriculum of basic education to achieve the implementation of the common system of legal pluralism with coarse principles based on Andean philosophy. The methodology, as an instrument for the operationalization of variables and objectives of the research is based on the paradigm of functionalism and constructivism, with field research (indigenous community leaders, members of councils, cultural promoters, educational authorities, elders of the different communities , basic education teachers) as descriptive, bibliographic and documentary scientific contributions in the areas of study, collecting data with the technique of the survey, interview and observation, and tools such as questionnaire. Interview guide and observation sheets, which allowed establishing the relationships between variables and approving the alternative hypothesis. Thus affirm that in our country, knowledge of the cultures of the indigenous people of Ecuador have not been involved, but rather have been marginalized and forgotten, where only basic education devoted to teaching general knowledge and specified in the area of mathematics and language, which is why there is a lack of 80% of the current population, and especially of teachers, both Ecuadorian reality as ethnicities and cultures of our ancestors.

The debate about Corporate Social Responsibility (CSR) to stakeholders is a fairly lengthy debate in the repertoire of the development of company law. At least there are two fundamentally different views to interpret the corporate social responsibility.The views, Firstly, cling to the belief that the concept of corporate social responsibility is counterproductive in the business world. According to Milton Friedman, a corporation are naturally only have a goal to generate economic objectives for shareholders. A prominent liberal economics is very pessimistic and tend to oppose any attempt to make the company as a social purpose. Furthermore, in Capitalism and Freedom (1962) Milton Friedman clearly states that in a free society there is one and only one social responsibility of businesses that utilize the company's resources and engage in activities that aim to maximize profits. If this goal is achieved by the company, it actually functions, and corporate social goals have been achieved, namely to improve the welfare of society.The doctrine of the social responsibility in business, damage the free market economic system.Acknowledging social responsibility that will lead to an economic system leads to the direction of the economic plans of the Communist Countries. In the writings, published in the New York Times Magazine on September 13th, 1970, with the title: "The Social Responsibility of Business is to Increase Its Profits". This reasoning is supported by Joel Bakan, which teaches that if the company gives some of its profits to the community, the company has violated his nature. Business sustainability can take place in the long term if the company is able to provide an answer to the needs of stakeholders and give them what they need.Second views, with the increasing importance of the role and position of all stakeholders in the Good Governance management of the company, and surely, the second thought, extremely gave rise to the contradicts of the first view. The second view was expressly acknowledged the existence of corporate social responsibility towards stakeholders. R. Edward Freeman in, "A Stakeholder Theory of the Modern Corporation", offers an alternative to the theory of Friedman. On the view Freeman, Friedman wrong to assume that the main task is the company's executive moral fiduciary issue to their shareholders and that in fulfilling this obligation they act socially responsible. Freeman takes issue with dissention of opinion and the opinion: 1 "That the company's managers have a duty to all groups and individuals who own shares (a stake) in or claim on the company (Freeman refer to groups and individuals as 'stakeholders'); 2 That there was no stakeholder groups should be given primacy over the other when the company mediate the competition claims of stakeholders; and 3 That company law should be changed to require executives to manage their enterprise in accordance with the principles of the theory of stakeholders, namely, Freeman stated that the executive should be notified (legal / official) to manage their company in the interests of their stakeholders ". Regardless of whether the stakeholder management leads to improved financial performance, managers must manage the business for the benefit of all of stakeholders. It looked at the company rather than as a mechanism to improve the financial returns of stockholders,but as a vehicle for coordinating of stakeholders interests and view management as having a fiduciary relationship not only for shareholders, but for all of stakeholders. According to the normative of stakeholders theory, management must give equal consideration to the interests of all stakeholders, while a conflict of interest, to manage the business so as to achieve the optimum balance between them. This, of course, implies that there will be a time while management is obliged to at least partially sacrificing the interests of the stockholders to those of other stakeholders.In line with this thinking, John Hasnas,stated that "management's fundamental obligation is not to maximize the firm's financial success, but to Ensure its survival by balancing the conflicting claims of multiple stakeholders." John Elkington in Cannibal with Forks: The Triple Bottom Line Twentieth Century Business (1997) says that if a company wants to remain sustained, then he needs to consider not only the interests of the shareholders (profit), but also must pay attention to the welfare of the people which were in it and around (peoples) and environmental sustainability (planet). Stakeholder theory states that the basic duty of management is not to maximize the financial success of the company, but to ensure its survival by balancing the conflicting demands of various stakeholders. The Company shall be managed for the benefit of stakeholders, customers, suppliers, owners, employees, and local communities.The rights of these groups must be ensured and, further, the group must participate, in some sense, in decisions that substantially affect their welfare. Apart from the conceptual debate about the Corporate Social Responsibility (CSR). CSR in Indonesia has been acknowledged.Article 88, Law No. 19 of 2003 on State-Owned Enterprises (SOE Act), firmly establish the SOEs can set aside part of its profits for the purposes of development small businesses, cooperatives and community development around the SOE. Then, Act No. 40 Year 2007 on Limited Liability Companies, Article 74, confirms the existence of Corporate Social Responsibility in Limited Liability company in Indonesia. In fact, Article 74 is more advanced conceptually by putting social and environmental liability in limited liability company as a social mandatory, not just a moral and ethical responsibility. Article 74 has a power that can be enforced against a limited liability company to implement social and environmental liability. Shifting the paradigm of the management company which is intended only to the interests of shareholders (profit) in the direction of the management of the company, to consider the interests of all stakeholders, and environmental interests, assessed constitutional by theConstitutional Court on legal considerations in the Constitutional Court Decision 53 / PUU-VI / 2008, is explained, That the Indonesian economy system as set forth in Article 33 of the 1945 Constitution: The economy shall be organized as a common endeavour based upon the principles of the family system. Sectors of production which are important for the country and affect the life of the people shall be controlled by the state. The land, the waters and the natural riches contained therein shall be controlled by the State and exploited to the greatest benefit of the people. That understanding individualistic and liberalism in the economy was not fit, even contrary to economic democracy embraced by the nation of Indonesia. Earth, water and natural resources contained in it not only for the prosperity of the few entrepreneurs who have capital, but rather for the prosperity of the people. The economy as a joint venture, not only between employers and the state, but also collaboration between employers and the community, especially the surrounding community. Genuine concern of employers on their social environment will provide a secure business environment for the surrounding community feel cared by the employer, so it will strengthen the fabric of the relationship between employers and society. Based on the Decision of the Constitutional Court concluded that the Good Governance management company solely devoted to the interests of shareholders, are not in accordance with democratic principles adopted by the State Indonesian economy. Good Governance Management companies must instead be directed to the welfare of the people of Indonesia. Therefore, companies must be managed with due regard to the interests of all stakeholders, no exception labor / employees of the company. Thus, the management of the company to consider the interests of all stakeholders not only a moral responsibility of the company, but it is mandate in the company law. Oriented company management efforts to improve the welfare of all stakeholders, including workers / employees of the company is the embodiment of company's contribution to the mutual obligations between the government and the business community to improve the welfare of the community. Implementation of the Good Governance management company, for the benefit of stakeholders, did not specifically aimed at corporate responsibility efforts to improve the welfare of employees. Article 74 of the Limited Liability Company Law does not specifically direct the implementation of corporate social responsibility to the interests of employees. However, it does not mean that the discussion of social regulation of corporate governance efforts directed at improving the welfare of the employees concerned becomes unimportant. The ambiguity of Article 74 of the Limited Liability Company Law actually cause the position of employees as part of an internal stakeholders or primary stakeholders of the limited liability company grow weary and still received less attention.On 4th April 2012, the Government enacted Government Regulation No. 47 of 2012 on Social and Environmental Responsibility Company Limited. As the implementation of Article 74 of the Limited Liability Company Law, Government Regulation 47 of 2012 is focused on regulating the use of a limited liability company expense budget has been earmarked as the cost of social and environmental responsibility.However, this rule did not set out clear, the allocation of the budget, the amount of the budget and the subject use of the budget. Thus, it would be difficult to expect the implementation of this government regulation to improve the lives and welfare of labor as the company's internal stakeholders. Therefore, regulation of corporate governance is to realize the efforts to improve the standard of living and welfare of labor is still very necessary.The discussionabout the need forlegislationthatdirects the corporate governance management toimprove the lives and welfare of labor is still relevant and very important thing to do. At least there are some very basic reason the importance of the discussion of the need for legislation that directs thecorporate governance management to improve the welfare of labor in Indonesia, namely: First, Corporate Governance (CG) management that gives attention to efforts to improve the lives and welfare of employees / workers / labor is not a concern in the legislation governing the company in Indonesia. Legislation current regulating corporate governance is still dominated by the interests of employers in optimizing capital or capital to develop other businesses in order to generate profits and shareholder value. Although social and environmental responsibility has been used as a mandatory under Article 74 of the Limited Liability Company Law, but its application in the narrow scope led to the implementation of social and environmental responsibility under Article 74 of the Limited Liability Company Law is not very significant in efforts to improve the lives and well-being of the company workforce. Law governing companies, such as Act No. 40 of 2007 on Limited Liability Companies Act No. 19 of 2003 on State Owned Enterprises, Act No. 25 Year 2007 on Investment and Act No. 8 of 1995 on the Capital Market is more focused on efforts to the creation of a conducive business climate as a requirement that the business community in Indonesia can compete to face an increasingly competitive global competition. In other words, the main interest underlying the legislation was the interests of shareholders.Public welfare, including welfare of the workers, do not become a major priority of the legislation. Where noted, Article 43 paragraph (3) Limited Liability Company Law paves the way for efforts to improve the status and welfare of employees through the issuance of new shares that are specifically intended for employees. Through Article 43 paragraph (3) that, it is possible to elevate the position of the employees become shareholders through the Employee Stock Ownership Plan (ESOP). However Thus, the implementation of Article 43 paragraph (3) is highly dependent on the generosity of its shareholders through the Annual General Meeting(AGM), because after all if General Meeting of Shareholders does not decide that the issuance of new shares is specifically intended for the benefit of employees, the new shares shall first be offered to existing shareholders, or better known as the pre-emptive right. Basically some aspects of corporate governance related to efforts to improve the welfare of the employees as one of the stakeholders can be the rationale, for example: Protection of interests of employees, in various corporate action such as a merger, consolidation, acquisition, and spin-off companies, bankruptcy and liquidation of the company; efforts to increase the value and dignity of employees through improving the status of workers / employees become owners / shareholders as ESOP (Employee Stock Ownership Plan, Profit Sharing etc), is an effort to increase that bipartite collaboration are mutually beneficial. Secondly, the setting of corporate social responsibility as stipulated in Article 74 of the Limited Liability Company Law, did not provide a strong emphasis on the use and size of the CSR fundfor efforts to improve the lives and welfare of employees as internal stakeholders. Article 74 of the Limited Liability Company Law and its implementing regulations as stipulated in Government Regulation No. 47 of 2012 on Social and Environmental Responsibility Company Limited is only intended to regulate the use of budget CSR General Meeting of Shareholders approved the Work Plan and Budget (CBP).Article 74 and its implementing regulations have not sufficiently regulate the practices of companies devoted to the interests of stakeholders, including workers / employees that are outside the company's CSR program budgeted. Article 74 and its implementing regulations are focused on the use of budget CSR for the benefit of local communities and the environment. The fate of the workers / employees still beyond the reach of Article 74 of the Limited Liability Company Law Jo. Government Regulation no. 47 in 2012. Thirdly, the accommodation is not enough on Principles of ISO 26000 as the standardization of CSR in the Limited Liability Company Law. For example, about 7 Principles of ISO 26000: ISO 26000 principles namely: 1. Community development; 2. Consumers; 3. Practice Institution healthy activities; 4. Environment; 5. Employment; 6. The Human Rights; 7.Organization Governance (Government Organization) Fourth, the welfare conditions of laborers / workers / employees which still a concern in Indonesia. Labor / Workers / Employees or more popular as workers have extremely significant contribution in supporting the Indonesian economy. Besides as a driver of economic state, workers also became one of the major strengths in building civilization. Labours or workers who drive the economic sectors under which incidentally has a tremendous contribution to the State's economy and to balance the savior even balance the State's economic growth. Ironically a very major role and importance is not getting an adequate appreciation of the government and the business world. Wages received by workers / employees are not comparable / insufficient to meet real needs. When compared with the speed of the increase in the cost of "running" while wages "going nowhere" no increase or even just suffered a setback.Of the Central Bureau of Statistics as overview in 2006 for simple decent life in Jakarta, someone has to spend between Rp 1.5 million to Rp 2 million per month for the purposes of daily life. Compared then to the local minimum wage in Jakarta which only Rp 950.000, - It is clear that it is impossible worker / laborer can live decently. Other data illustrate the inequities of life of workers / laborers are presented in the research of AKATIGA. Government efforts to create a conducive investment climate and invite as many foreign and domestic investors to encourage government to implement two basic strategies namely run low wage policy and apply the principles of liberalization, flexible and decentralized in matters of employment.The low wages of workers / labor, used as an attraction to invite investors.Investment Coordinating Board (BKPM) includes wage / cheap labor in Indonesia, the minimum limit of the highest labor costs in Java (Rp. 1.3344 million, - per month - USD 147 per month) is still lower than the wages of workers in Thailand (USD 240 per month), even if the wages in Java are raised 50%.Labor wages is used as a negotiating tool in the management of the automotive component industry in Indonesia with Trade Unions is the main attraction of Indonesia to invite investors. Further explained that political cheap labor has proven to create life difficult labor because the average value of the minimum wage in Indonesia Rp 892.160, - only afford about 62.4% of real expenditures of workers / laborers. Fifth, handed efforts to improve the welfare of employees through legislation in the field of employment was inadequate. During this time, the problem is always delivered on labor welfare legislation in the field of employment. As described above, that the cheap labor led to the welfare of workers / laborers which not feasible. It is proved that the issue of lifting the standard of living and welfare of the workers / laborers can not be left solely to the legislation in the field of employment.Efforts to improve the standard of living and welfare of the workers / laborers need to be supported by the corporate governance management system which can support the improvement of the standard of living and welfare of workers / employees, either in the form of optimal utilization of corporate social responsibility and stewardship corporate governance rules, which can support the improvement of the standard life and welfare of the workers / employees. Sixth, the limited liability company law can be used as an instrument for efforts to improve the welfare of employees through corporate governance management arrangements that can improve the lives and well-being of employees. Thus, despite the existence of legislation in the field of employment, legislation governing its managed stylist, for example the Limited Liability Company Law, the Law on Enterprises, Investment Law, Capital Market Law and its implementing regulations can be used as an instrument to direct more attention to the behavior of the company interests of stakeholders, including workers / employees.IiIn such a context, the role of the State through the Government as law makers is necessary, so that the problems of workers welfare / employees are not solely left to the market mechanism with the argument of economic liberalization and globalization. In addition to the government party, the Company is a good alternative receptacle to resolve the problem, because the company provides a receptacle mutual benefit to work, learn, gain experience fitting, both in levels: Employee, Self-employed, Employer, and Investor (ESEI). Under conditions of the wise, the state described as a referee in a football game. He had no right to strike or hold the ball. That needs to be done is for the football game is running smoothly and there is no cheating. Is this value has been realized? And how it is with the role of the entrepreneur as the manager of the largest natural resource? The reality is that entrepreneurs can not immediately meet the standards of stakeholders, so that what is referred to as welfare is commensurate discourse. From the first, issues workers / employees being widely reported, but from the beginning anyway this issues is not resolved, resulting in gaps. To note in common, is that one of the drivers in the business in the last decade of this century in addition to the profitability of an investment in the form of people.

Cuando de tecnología se trata, ningún sector de la economía Colombiana podría desconocerla, y es común ver cómo esta ciencia penetra en los diferentes procesos organizacionales y administrativos de cualquier tipo de Entidad, gracias a la existencia del interés en la evolución constante, en el desarrollo del conocimiento, en la necesidad de una excelente gestión operacional en este sector (Economía solidaria) y en general en el mundo empresarial, que generan un escenario para el estudio y análisis de las mejores alternativas para su aplicación y operación. Su amplia concentración y necesidad en el mercado y en la sociedad, conlleva a que la tecnología sea un tema de estudio muy amplio, por ello, como contenido marco para el desarrollo de este artículo se ha planteado la transferencia de tecnología, estableciendo su importancia, injerencia y aplicación dentro del sector de la economía solidaria; sistema integrado principalmente por Cooperativas. Se analizará la tecnología desde un punto de vista conceptual y como fuente de transformación desde el inicio de la historia de la humanidad, en la que se demuestra que el hombre siempre ha sentido la necesidad de crear e innovar, lo hizo desde que produjo innumerables soluciones de vida con la piedra, el fuego, el cobre, el bronce e inventos que marcaron la evolución del hombre como la rueda, el desarrollo en la agricultura, la arquitectura y la literatura principalmente, hasta de manera extraordinaria llegar a la creación de aplicaciones, productos, equipos, dispositivos e infraestructura y desarrollos tecnológicos que facilitan el acceso a la información y a la comunicación permanente, mutando finalmente todo ello, al comercio o mercado de tecnología; situación o hecho que se ha denominado transferencia de tecnología y que ha desencadenado que principales operaciones económicas y comerciales en el mundo empresarial se enmarquen en el negocio jurídico denominado contrato de transferencia de tecnología, dentro de lo cual, se demostrará su importancia en el sector de la economía solidaria, y la del derecho como marco regulador, aún pendiente de ser desarrollado, tanto en Colombia como en muchos países del mundo. La transferencia de tecnología, comprende un movimiento entre el valioso activo que es la tecnología en sí, un proveedor o empresa que trabaja comercialmente con esa la tecnología y un sujeto (persona, sociedad, empresa) que adquiere la tecnología, cancelando el valor o precio al que equivale el servicio tecnológico, y es así como estamos frente a la inminente necesidad de realizar contratos de trasferencia de tecnología, mediante los cuales se formaliza el movimiento planteado, que en el presente artículo abarcará la tipología del contrato de licencia y transferencia de Know how; el primero, con el cual se pretende autorizar la explotación de una obra protegida, y el segundo como aquel aporte de industria o trabajo enmarcado en un conocimiento; estableciendo un concepto amplio sobre estos y las características principales para abordar su importancia y función económica dentro del sector de la economía solidaria. El contrato de licencia y transferencia de Know how, se convierte en una pieza fundamental para el desarrollo y correcta operación de negocios, y desarrollan una función económica relevante en el sector solidario Colombiano al estar íntimamente ligados al cumplimiento de los principios sociales y culturales; rectores de este sector, principios generadores de actividades y funciones que requieren contar con la tecnología idónea y suficiente que permita el cumplimiento de los fines de las Entidades que componen el sector solidario, para su desarrollo efectivo dentro de la economía del país. La naturaleza de su importancia, radica principalmente en la necesidad que tienen las empresas y el sector solidario en general de operar y organizarse efectivamente en todos sus ámbitos, desde la administración interna hasta la valiosa prestación de servicios sociales, económicos, culturales, laborales, entre otros; necesidad basada en el desarrollo tecnológico que ha sido reconocido por el Estado Colombiano y que hace parte de los aspectos sujetos de control y vigilancia por parte de este, a través de la Superintendencia de Economía Solidaria, debido a su importancia y carácter fundamental para el desarrollo de sus fines y principios. En virtud a la investigación y consulta sobre las diferentes operaciones que realizan las entidades del sector solidario y sobre los servicios que prestan, se determina el ejercicio de una función económica en los contratos de transferencia de tecnología, concluyendo acertadamente que para cumplir con sus fines y principales actividades, es necesario implementar la tecnología necesaria que genere impacto y valor agregado para trabajadores, usuarios o asociados de las cooperativas y a la sociedad en general. Sin la ejecución de estos, no podría garantizarse por parte del Estado la protección, promoción y fortalecimiento de carácter normativo en favor de la comunidad y en especial de las clases populares. Lo anterior, sin dejar de lado, que a pesar de las innumerables ventajas que trae la contratación y ejecución de licencias y transferencia de Know how, existen ciertos aspectos generadores de riesgo que deben ser objeto de seguimiento y control por parte de los proveedores de trasferencia de tecnología, y aspectos críticos del contrato que versan principalmente en cláusulas que se incorporan al mismo, que lastimosamente carecen de normatividad aplicable en caso de generarse un conflicto. Tras el análisis de aspectos importantes que giran alrededor de la transferencia de tecnología, se procede a una propuesta de investigación que, siendo un aporte documental al conocimiento, espera llegar a niveles de interpretación sobre las causas que animan a ampliar la regulación de la aplicación de tecnología en Colombia y revisar institucional y políticamente las formas de transferir tecnología a fin de constar su pertinencia en un régimen de contratación que no vaya en contradicción con sus fines. Si las empresas o entidades de carácter público o privado en Colombia, desean crear innovaciones tecnológicas deben contar con las tecnologías convenientes y proporcionales a su objeto social, que por lo general se deriva de fuentes externas, que no es otra cosa que la colaboración de proveedores para su adquisición o desarrollo, lo que se convierte en transferencia de tecnología. De acuerdo a lo anterior, resulta significativo hablar del proceso de desarrollo institucional y normativo de la Ciencia y la Tecnología en Colombia, desarrollo que no ha generado los resultados esperados y es pobre frente a la actividad creciente de esta ciencia, que, al vincularlo con el régimen legal aplicable al Sector solidario, no refleja su importancia frente a las operaciones y requerimientos tecnológicos que este sector requiere, al ser mundialmente reconocido como uno de los movimientos socioeconómicos más grandes que lleva inmerso caracteres fundamentales que tienen presencia universal, inclinados a la satisfacción de diferentes necesidades de la humanidad y aspiraciones de los socios o usuarios en diferentes aspectos, dentro de los que sobresale el económico y el social. En virtud al nivel de importancia de la economía solidaria mundialmente, se procede a comparar el derecho inicialmente desde el punto de vista de la tecnología; avances y principales potencias que lideran su producción impulsando el desarrollo de sociedades y su crecimiento económico. En concordancia con el comportamiento de la Tecnología se plantea el Movimiento de la Economía solidaria a nivel internacional, con el fin de reconocer el impacto universal de ambas. La primera, como motor de desarrollo y la segunda considerada como el tercer sector de la economía. En aras de dirigir el tema objeto de estudio al régimen colombiano, previamente se establecen los índices de producción tecnológica en países de América Latina, la cual es casi nula debido a la falta de incentivos e infraestructura que promueva la creación, innovación y desarrollo tecnológico propio. Por lo Anterior, países como Colombia se ven en la necesidad de contratar transferencia de tecnología, e implementarla en diferentes sectores, como lo es en el sector solidario, fundamental por su visión hacia aspectos sociales y esenciales que pretenden coadyuvar al desarrollo integral del ser humano; visión que se ha visto vulnerada, dado a la desviación de los fines de la economía solidaria y a la realización de actividades que no guardan relación directa con las funciones propias de las Cooperativas. El Cooperativismo nacido en el mundo en la segunda mitad del siglo XIX constituye una experiencia social, que en Colombia tuvo un gran apogeo alrededor de 1970, pero luego, a finales del siglo pasado sufrió una crisis profunda de la cual ha sido difícil recuperarse y de la que se ha dicho, fue inducida. Su efecto, constituye un motivo de estudio en el presente trabajo. Las situaciones ajenas a la naturaleza de composición cooperativa, han llevado al gobierno a tomar decisiones para combatir ciertos abusos, crisis cooperativas y formas de corrupción, que, al solucionar una complejidad social, genera contradicciones y efectos poco prácticos en el régimen de contratación dispuesto por ley para transferir tecnología. ; When it comes to technology, no sector of the Colombian economy could ignore it, and it is common to see how this science penetrates the different organizational and administrative processes of any type of Entity, thanks to the existence of interest in constant evolution, in the development of knowledge, in the need for excellent operational management in this sector (Solidarity Economy) and in general in the business world, which generate a scenario for the study and analysis of the best alternatives for its application and operation. Its wide concentration and need in the market and in society, leads to technology being a very broad topic of study, therefore, as a framework for the development of this article has raised the transfer of technology, establishing its importance, interference and application within the solidarity economy sector; system integrated mainly by Cooperatives. Technology will be analyzed from a conceptual point of view and as a source of transformation from the beginning of the history of humanity, in which it is shown that man has always felt the need to create and innovate, since he produced countless solutions of life with stone, fire, copper, bronze and inventions that marked the evolution of man as the wheel, development in agriculture, architecture and literature mainly, even in an extraordinary way to reach the creation of applications, products, equipment, devices and infrastructure and technological developments that facilitate access to information and permanent communication, eventually mutating all this, to the technology market or trade; situation or fact that has been called transfer of technology and that has triggered that main economic and commercial operations in the business world are framed in the legal business called technology transfer contract, within which, its importance will be demonstrated in the sector of solidarity economy, and that of law as a regulatory framework, still pending development, both in Colombia and in many countries of the world. The transfer of technology, involves a movement between the valuable asset that is the technology itself, a provider or company that works commercially with that technology and a subject (person, society, company) that acquires the technology, canceling the value or price what is equivalent to the technological service, and this is how we are facing the imminent need to carry out technology transfer contracts, through which the proposed movement is formalized, which in this article will cover the typology of the license and transfer agreement of Know how the first, with which it is intended to authorize the exploitation of a protected work, and the second as that contribution of industry or work framed in a knowledge; establishing a broad concept about these and the main characteristics to address their importance and economic function within the sector of the solidarity economy. The license and transfer of Know how contract becomes a fundamental piece for the development and correct operation of businesses, and they develop a relevant economic function in the Colombian solidary sector, being closely linked to the fulfillment of social and cultural principles; rectors of this sector, principles that generate activities and functions that require having the appropriate and sufficient technology that allows the fulfillment of the purposes of the entities that make up the solidary sector, for its effective development within the economy of the country. The nature of its importance lies mainly in the need for companies and the solidarity sector in general to operate and organize effectively in all its areas, from internal administration to the valuable provision of social, economic, cultural, and labor services, among others; need based on technological development that has been recognized by the Colombian State and that is part of the subjects subject to control and surveillance by the latter, through the Superintendency of Solidarity Economy, due to its importance and fundamental character for the development of its purposes and principles. By virtue of the investigation and consultation on the different operations carried out by the entities of the solidarity sector and on the services they provide, the exercise of an economic function in technology transfer contracts is determined, correctly concluding that in order to fulfill its purposes and main activities, it is necessary to implement the necessary technology that generates impact and added value for workers, users or associates of cooperatives and society in general. Without the execution of these, the protection, promotion and strengthening of normative character in favor of the community and especially of the popular classes could not be guaranteed by the State. The foregoing, without neglecting that, despite the innumerable advantages that the contracting and execution of licenses and know-how transfer bring, there are certain aspects that generate risk that must be monitored and controlled by the transfer providers. of technology, and critical aspects of the contract that deal mainly with clauses that are incorporated into it, which unfortunately lack applicable regulations in the event of a conflict. After the analysis of important aspects that revolve around the transfer of technology, we proceed to a research proposal that, being a documentary contribution to knowledge, hopes to reach levels of interpretation on the causes that encourage to expand the regulation of the application of technology in Colombia and institutionally and politically review the ways to transfer technology in order to record its relevance in a contracting regime that does not contradict its purposes. If companies or entities of a public or private nature in Colombia, wish to create technological innovations, they must have the suitable technologies and proportional to their corporate purpose, which is usually derived from external sources, which is nothing else than the collaboration of suppliers for its acquisition or development, which becomes technology transfer. According to the above, it is significant to talk about the process of institutional and regulatory development of Science and Technology in Colombia, a development that has not generated the expected results and is poor in the face of the growing activity of this science, which, by linking it with The legal regime applicable to the Solidarity Sector does not reflect its importance in relation to the operations and technological requirements that this sector requires, since it is recognized worldwide as one of the largest socioeconomic movements that has immersed fundamental characteristics that have a universal presence, inclined towards satisfaction of different needs of humanity and aspirations of partners or users in different aspects, among which the economic and social. By virtue of the level of importance of the solidary economy worldwide, the law is initially compared from the point of view of technology; advances and main powers that lead their production, promoting the development of societies and their economic growth. In accordance with the behavior of Technology, the Solidarity Economy Movement is proposed at the international level, in order to recognize the universal impact of both. The first, as a development engine and the second considered as the third sector of the economy. In order to address the subject matter of study to the Colombian regime, previously established rates of technological production in Latin American countries, which is almost zero due to the lack of incentives and infrastructure to promote the creation, innovation and technological development itself . For the previous, countries like Colombia are in need of technology transfer contract, and implement it in different sectors, as it is in the solidary sector, fundamental for its vision towards social and essential aspects that intend to contribute to the integral development of the human being ; vision that has been violated, given the deviation from the aims of the solidarity economy and the realization of activities that are not directly related to the functions of the Cooperatives. The Cooperativism born in the world in the second half of the XIX century constitutes a social experience, which in Colombia had a great apogee around 1970, but then, at the end of the last century suffered a deep crisis from which it has been difficult to recover and what has been said, was induced. Its effect constitutes a reason for study in the present work. The situations outside the cooperative composition nature, have led the government to make decisions to combat certain abuses, cooperative crises and forms of corruption, which, by solving a social complexity, generates contradictions and impractical effects in the hiring regime provided by law to transfer technology. ; CRAI-USTA Bogotá ; https://scholar.google.es/citations?user=sHbNoUkAAAAJ&hl=es ; http://scienti.colciencias.gov.co:8081/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001350165 ; http://unidadinvestigacion.usta.edu.co

Issue 31.4 of the Review for Religious, 1972. ; EDITOR R. F. Smith, SJ. ASSOCIATE EDITOR Everett A. Diederich, SJ. QUESTIONS AND ANSWERS EDITOR Joseph F. Gallen, S.J. Correspondence with the editor, the associate editor, and the assistant editor, as well as books for review, should be .sent to REVIEW FOR RELIGIOUS; 612 Humboldt Build- ~ 539 North Grand Boulevard; St. Louis, M~souri 63103. Questions for answering should be sent to Joseph F. Gallen, SJ.; St. Joseph's Church; 321 Willings Alley; Philadelphia, Pennsylvania 19106. + + + REVIEW FOR RELIGIOUS Edited with ecclesiastical approval by faculty me~nbers of the School of Divinity of St. Louis University, the editorial offices beihg located at 612 Humboldt Building; 539 North Grand Boulevaxd; St. Louis, Missouri 63103. Owned by the Missouri Province Educational Institute, Published bimonthly and copyright © 1972 by REVIEW FOR RELIGIOUS. Printed in U.S.A, Second class postage paid at St. Louis, Missouri. Single copii~s: $1.25. Subscription U,S.A. and Canada: $6.00 a year, $11.00 for two years; other countries: $7.00 a year, $13.00 for two years, Orders should indicate whether they are for new or renewal subscriptions and should be accompanied by cheek or money order payable to REVIEW FOR RE~.IGIOUS in U.S,A. cur-rency only. Pay no money to persons claiming to represent REVIEW FOR RELIGIOUS. Change of address requests should include former address. Renewals and new subscriptions should be sent Io REVIEW FOR RELIGIOUS; P.O. Box6070; Duluth, Minnesota 55802. Manuscripts, editori-al correspondence, and books for review should be sent to REVIEW FOR RELIGIOIJS; 612 Itumboldt Building; 539 North Grand Boule-yard; St. Louis, Missouri 63103, Questions for answering should be sent to the address of the Questions and Answers editor. JULY 1972 VOLUME31 NUMBER 4 SUPERIORS OF SLOVAK RELIGIOUS WOMEN Memorandum to the Government of Czechoslovakia Editor's Note: Toward* the summer of 1968 .the eyes of the world and of the Church focused on Czechoslovakia as'the Dubcek rdgime tried to put a human face on Communism. More liberty was allowed, sentences' passed prev!ously against priests and religious wdie revoked, and the leaders of the Church there were reinstated. Then came August 21 - the Russian invasion and the beginning of the return to square one. Even after the invasion, assurances were given that there would be no return to the conditions of the fifties: Developments soon indicated.that this is" exactly wh, at was happening. ~, A last-ditch stand was made by the superiors~of religious women in Slgvakia with the hope of persuading the government not to be so drastic"in its treatment of the sisters; their protest was in the form 6f a Memorandum, the full text of~vhi~h is given below. TO the President of Czechoslovakia, L. Svoboda. To the ~Secretary General of the Czechoslovak Communist Party, G. Husak. To the President of the Socialist Government of the Slovak Republic, Dr~ P. Colokta. To the Secretary General of the Slovak Republic Communist Party, S, Sad0vskY. To the Minister of Health of the Slovak Socialist Republic, Mada~ Zvaro. To the Minister of Ecclesiastical Affairs, M, Valek. The provincial superiors of the orders and congregations for women in Slovakia take the liberty of presenting to you in the name of all their sisters the following memorandum: In the latter days of October and the first da3)~ of November we have been called personally before the Ministry of Ecclesiastical Affairs where Comrade Oavlik t~lked with us. The following information was sent to each one of us: (1) The activity of Slovak sisters will be limited to: (a) hospitals for mentally deficients; (b) hospitals for religious sisters and elderly priests; ~ (c) assisting the sick, probably limited at all times, by the Minister of Health, to what concerns psychiatry. ¯ (2) The following will be forbidden to sisters: (a) all help in the houses of pensioners; (b) all social activity for families; (c) catechetical instruction; (d) domestic work in presbyteries; (e) admission of novices who wish to join their institute, all those'who have already been admitted must be dismissed. *With the cooperation of Aid to the Church in Need; Our~ Lady of England Priory; Storrington; Pulborough;:Sussex, England, this Memorandum was published in Supplement to Doctrine and Life, January 1972, pp, 44-9. Review for l~eligious is grateful to both Aid to the Church in Need and the editor of the Supplement for permission to reprint the Memorandum. 518 Review for Religious, Volume 31, 1972/4 " (3) Comrade Pavlik, already mentioned, vehemently condemfied the.claims of the sisters to the ownership of their dwelling places. It is easy to see that if these decrees are put into effect we shall disappear without trace from the face of Slovakia. What wrofig.haVe we done? What crimes can ~ve be accused of, we who were always ~at the service,of the p~ople, not by high sounding words but by silent and " often degrading work for the m~ntally deficient, the sick, and the destitute? Is it for these services that we merit this chastisement, which will end in the disappearance of our congregations? Are we dangerous individuals for the State and society, or are' we citizens with all the rights reserved ,to those who make up the Party of this State? -The constitution and the laws of the State are stiil in for~ce in our republic. What then is the law we have transgressed? Instead of obtaining 'rdhabilitation and reparation for the wrongs we have suffered since 1950 we are still subjected to deformations of the common law. Are we to be hunted again, considered as "outside the law" and forced to undergo an unjust discrimination? Many of our isi~ters have,lost their lives or their health through su.cl~ injustices. Will such aberrations be renewed? If the work and devotion of our sisters are highly appreciated throughout the civilized world, it should be the same here in Czechoslovak.ia, since our people are considered as among the most civi!ized in ~Europe. In subjecting us sisters to new vexations without a cha~ace to defend ourselves, you are certainly doing nothi.ng to better our position as the people wish it. We call upon the people for whom we work. It is the~ people who have invited us to develop our different activities in the parishes. Consequently, if the people send us away then we shall go. Ask the people, inform yourselves: ask the factory and farm workers if they still want us in charitable and social ,works and still want our help in religious instruction. It is the parents tfiemselves who have expressly asked US. In our towns and villages many people are abandoned, old people are left alone; perhaps the homes cannot accept them; perhaps they do not want to go! What human misery! There are so many such illustrations we cannot possibly descrit~e them! In some areas the sisters are the Only people prepared to devote themselves to caring for these neglected people and to give them a little comfort. we know of many cases of people who have lived, sometimes for years~ and who still live, lives similar to those of unwanted aninials. They end their daysclothed in rags, lying in filth, and living in a stagnant shelter; no State official has ever been in these hovels, but the religious have found the time and sufficient courage to go to the aid of these miserable people., naturally within the confines of the limita-tions imposed upon us! Is this help of ours a crime? Is it to be forbidden as one of the activitieS of which :socialism does not approve? We know of children who have lived in a dog kennel directly under the balcony of a mansion, and Who were found by a sister. We know of a girl covered in.~scabS, living like an animal on the'straw in a dark stable, stooped by her painful suffering, because her parents, preoccupied with money, neglected her. A sister freed her from her horrible environment and got her into the sanitorium at' Vysne Hagy. The local authorities never sent any health or sanitary inspector to these i~nhuman places - they are no longer interested. Review for Religious, Volume 31, 1972/4 519 In many other cases only the sister has found ways of hastening to these inhuman miseries. Must this be condemned? Let us now move to what ~concerns'public health: On 1 October 1969 a religious happened to go into a state hospital in Bratislava: She was welcomed by a nurse with these words: "Welcome, sister;~when are we going to have more sisters? Have pity on us and come and work with us as soon as possible! I cannot retire because there is no one to replace us in ou~ work. There is no one to take care of t.he heedy or to do night duty." She opened the door of a large ward'and said: "There is no one to care for these poor people. I cannot manage alone; I am worn out by work and age~; the young ones do not have the spirit of devotion and even less do they have the love'needed to give themselves to this service?' As if to confirm what she Said supper was brought just at that moment to a twenty-four year old student Who has lain in bed for two years not even able to lift a spoon to her mouth-. They brought the supper, but it did not concern them how she would eat it. The girl said: ="When there isa visitor, or if one of the other pati.ents comes to help me, then I can eat; otherwise no." We do not want to recall other experiences. We only want to inform you of our good will. Despite all that we have suffered up to now, there are sisters who still have sufficient love of their neighbor and the desire to do good for the abandoned, the destitute, the sick. ~ The ~ajority of us are still weak from fatigue and the hard life we have had up to nosy with the punishments of exile; but we could still do good With the help of the young girls who want to join us. But here again arise new and incomprehensible difficulties, created by your decrees. W'e have never been suppressed as religiou~ orders. In 1950 an arbitrary declaration of our governmental administration prevented us from admitting novices, we were expelled from our convents and dispersed to different places near the Bohemian border; you have sent us to work in factories and on farms and in the kolkhozes. At'the beginning these jobs were very difficult for us; yet we performed them conscientiously. After some time we were transferred to social institutions'where we looked after abnormal children. These poor unfortunates are .very de~r to us. sometimes more dear to us than to their own parents. The result of our efforts are testi.mony enough. We shall continue voluntarily in this field, for we can still do it, but for how long? We have had no recruits to strengthen our ranks for the last eighteen years. During the past year, after the Attorney-General declared that our orders were not suppressed and that as existing institutions we had the right to exist and to develop, we have accepted some young girls. It was Comrade Pavlik himself who said that the girls who were novices or postulants in 1950 could return and that we could receive them as postulants. Thanks to that we actually have some novices who wish to follow the example of devotion of the sisters and to continue the work of ~harity which we can do in our fatherland: caring for the physically and mentally sick. But later, following the conversation mentioned above with Comrade Pa~lik, we were told that all our novices are to be sent away and that we may not accept further postulants. We have asked: "By what law are we prevented from doing good?" He ieplied: "We are not discussing these things; when you receive an order you have to obey 520 Review for Religious, Volume 31, 1972/4 it?' We heir discoui'ses propounded by the State authorities, by the President, by the Secretary General of the Czechslovakian Communist Party, and we recall that in the past~ Summer the President publicly declared on television: "As long as I am President I will not permit any transgression of the law." The Secretary General has declared several times: "We shall never return to the fifties." In 1950 we were uprooted from Slovakia and transferred to Bohemia. It was hard for us, but then the authorities in Bohemia mitigated our exile. Itis difficult for us to,readjust to these new privations. The social institutions in Slovakia are less well-equipped thfin in Bohemia. There they were Satisfied to have us to serve the people. Here, unfortunately, it is different; ".you wear a religious habit, so you are discriminated against." We hate to say this, but it is true. In the "charitable institutions" of our country we have not found love. They seem like prisons. The directors, placed there by the State, were paid to do nothingand to present obsta'cles to our charitable work. This period seemed to be ended, but unfortunately we now have the impression that the actual situation is in the process of leading to a new discrimination. We ask you, Mr. President, and Ministers, to allow us and the girls who want to follow, us, to live and work fdr our people, for those of our people who are suffering. We are happy that there are still girls with noble hearts wh~ desire to become mothers to the many children abandoned by their mothers, and many mentally retarded ones whose mothers disown them. There are ;till young girls who want to dry the tears of those who lie in hospital beds. Let us not stifle these last and rare ideals of our youth! For our part we e:~d~ort them to leave with these words: "Be merciful, sisters, to all those in need of aid." If all'that we have declared be judged as an offence then have the coui'age to suppress our institutions. We hope that this memorandum will meet with understanding and that we can continue pe~icefully to give help without bias to the social institutions, hosp!tals, and parishes. In this hope, we express our sincere gratitude. [There follow the signatures and addresses of the provincial superiors.] Editor's Postscript: News from Czechoslovakia confirms that the sisters' petition was not acceptable to the civil authorities and has not made them change their decision. The Slovak Minister of Culture for Ecclesiastical Affairs, Valek, was very categorical in a meeting with the bishops and told them substantially the same as Pavlik had told the sisters previously. The bishops would have to co-operate to execute the Minister's orders. This means that the Church representatives would become instruments of the government for the liquidation of the sisters. DONALD K. SWEARER and GROVER A. ZINN Monasticism .East and West, an Inquiry [Dr: Donald K. Swearer is Associate Professor of Religion at Swarthmore College; Swarth-more, Pennsylvania 19081. ~Dr. Grover A. Zinn is Assistant Professor of Religionoat Oberlin College; Oberlin, Ohio 44074.] ~ During* January 1970 a seminar on Buddhism and Christianity was ~held at Oberlin College, Oberlin, Ohio. Leaders of the seminar included Rev. Shojun Bando of otani University, Rev. Father George F. Simon of Sacred Heart Roman Catholic Church (Elyria, Ohio) and Professors Donald K. Swearer and Grover A. Zinn of Oberlin College. A variety of topics were discussed but the study focused on two areas: worship and liturgy; meditation and monasticism. It is this latter area to which this paper addresses itself. Stimulated by the encounter of representatives and scholars of both Buddhism and Christianity, our efforts essay no more than a suggestion or a prolegomenonotO a topic deserving'of more intensive and thorough study. All of us who participated in the seminar were struck by the broad range of similarities to be discovered in both the form and the intent of the institution of monastic life in Europe and Asia. Yet,. these similarities were to be measured in terms of the richness of dissimilarity. Our intent during the seminar and in writing this,brief article was not to equate uncritically the monastic traditions of Buddhism and Christianity. Rather, it" was to examine as sympathetically as possible this crucial aspect of these two great historical religions with the hope of reaching a better understanding of our own faith as well as the "faith of other men." In writing this essay we, as Christians, also intend to imply our conviction that Buddhism and Christianity need to benefit from each other more significantly than has been the case up to this point in time. In particular, we believe that the monastic tradition in the West, which has tended to become ever more peripheral to the mainstream of the life of the church, needs to be rediscovered' and reinterpreted in terms of the religious needs and spiritual chaos of our own day. We are convinced that part of this rediscovery and reinterpretation might better take place in the light of the monastic tradition in Buddhism where, especially in the Theravada and certain Mahfayfana forms (for example, Zen), the monastic life puts into proper perspective many of the central teachings and practices of that religion which has been aptly ~ermed, "The Light of Asia." With the tentative nature of this essay in mind, therefore, we propose to discuss certain aspects of the foundation of monasticism and the development of the monastic life first in Buddhism and then in Christianity. *The article first appeared in Japanese Religions, v. 7, no. 1 (July 1971), pp. 29-50. It is reprinted here with the permission of the editor of Japanese Religions and of the authors.~ 522 Review for Religious, Volume 31, 1972/4 For most observers of Asian religions monasticism and Buddhism go-hand in hand. Anyone who has visited Burma or Thailand, for example, is struck by the presence of a seemingly endless stream of saffron-robed Bhikkhus oi monks around temple precincts, w~alking meandering streets with beggii~g bowls tucked under their arms or, more dramatically, taking part in social reform or political protest. Even in Japan where the presence of the Buddhist monk is not so visible the visitor cannot help but be awed and inspired by such magnificent monasteries as Daitoku-ji in Kyoto :and Enkaku-ji in Kamakura, or remember being awakened by the deep, gutteral chanting of Zen monks: Moreover, the student of Asian religions is quick to point out that from its inception Buddhism seems to have~ had a "withdrawn" tradition compatible with monasticism. He may even cite the legends surrounding the founder, Siddhartha Gautama, which depict the future Enlightened One renouncing the life~iof the householder in.order to find an ~inswer tO the Problem Of life's.suffering and transience. There are, of course, some difficulties with such easy and facile observations. In particular, it would be erroneous to equate monasticism as it is now seen in Buddhist countries with the quasi-institutional forms of early Indian Buddhism, and it would also be inaccurate to think of the Buddhist monk in any period of history as a recluse'. In regard to the latter, there has been a tendency among some Western scholars to make too sharp a distinction between monk and layman in Bt]ddhism. These scholars postulate that Buddhism is fundamentally a "monkish" religion, at least in its Therawida forms, and this implies for them a group of men who have withdrawn from the world to' pursue the religious vocation. In recent years, however, students of early Buddhism have been interested in,depicting the monastic institution more specifically as part ofits cultural society rather than apart from 'it. One such scholar is Sukumar Dutt whose books, Early BuddhisrMonachism (1924), The Buddha and Five.after Centuries (1955) and Buddhist Monks and Monasteries in .India (1962) have made a great contribution to Indian Buddhist studies. His principal theme seems to be that Indian Buddhism should be viewed not as the practice of .monasticism or as. a cult-sect but as a religion of the people,l Concerning the nature of the monastic institution in India a more detailed examination must be made for which we are particularly indebted to Professor Dutt. At the time Buddhism arosein northern India in the sixth century B.C. there had already developed a tradition of religious truth seekers or homeless wanderers, In the Hindu Brahm~inical tradition they are classed as Sanny~isins (those who have cast off possessions) and are known as the fourth or last of the Four Asramas. Although this class designation was a much later development, in .Upanisadic materials pre-dating Buddhism mention is made of a variety of wandering (Parivr~i-jaka) groups including Sanny~sins as well as Bhikkhus and others. These groups shared certain characteristics which would probably class them as a cult-sect group including an initiation ritual, allegiance to a teacher (Satthh) and his teaching (Dhamma), and subsistence by" begging or alms-seeking as a sign of world-renuncia-" tion. The beginnings of Buddhist monasticism are rooted in the soil of the tradition of these wandering almsmen; consequently, the eremitic monk typical of the earliest 1Sukumar Dutt, Buddhist Monks and Monasteries in India (London: Allen and Unwin, 1962), p. 24. Review for Religious, Volume 31, 1972/4 523 stratum of Buddhism has remained .the highest ideal, especially in. the Therav~ida countries of Ceyloh and Southeast Asia;We can imagine the organizational form of early Buddhism to be something-olike the following: the Buddha after his enlightenment wandered about the area ofnorthern India known as Magadha teachifig the truth he had'disco~)ered at his enlightenment; many were attracted b~ his teaching and became his' disciples; together they formed not an actual group with a particular locus but ai~ idealized community ("Bhikkhu-sangha of the Four Quarters") b~und together by~all~egiance to a common teacher and his Dhamma. The eremitic nature of the "early Buddhist community did not mean that they renounced contact with lay society,:~ On the contrary, the very fact of being almsmen meant they were depeiadent on the lay community for their physical well-being. Above all, the, followers of the Buddha's Dhamma were to seek out'that environment where they~co~ald best pursue their spiritual cultivation. AsP the Van.apattha Sutta 'puts it; monks should "dwell in a forest or ~ui't it, or dwell anywhere in ~i village, a township or a country, according as such dwelling is conducive'to his spiritual cultivation or n~ot.2" ~ The practices of the wanderihg truth-seekers included'one abetting the develop-ment of cenobitic habits, namely, the-three-inonth rain-retreat (X)assh~isa) during th~ monsoon' rains. Because of the difficulty of traveling about at this time congregations of monks wotild come- tbgether in temporary dwellings; perhaps in caves oi" residences donated by wealthy l~ndholders. D~ring this time particular forrhs of collective life graduall3~ emerged including the recital of a confessional of "faith" called the Patimbkkha° reconstructed 'from the P~ili" Dhammap~da as, "Forebearance or Patience is the highest~kind of penance -hnd Nibbana is decl~ted to be the highest. (object) by the -Buddhas - for he is never a mendicant who hurts others and he is not a'Samana who molestS: others. Abstinence~ from all evils, accumulation of all that~is good, and purification of one's own mind - this is the injunction of the Buddhas.''3 Other group cer~monies during~the rain-retreats~must have included initiation into the Bhikkhu-sangha and the Kathinaor presentation 6f new robes at the conclusion of the retreat. This period-~lso saw the b~eginning bf an oral ti'aditi0n in which -" teachings of the MaSter were'-memorized in particular settings and with sufficient hanemonic devices to insure their proper retention. Monastic life at this stage still largely emulated the,'mendicant ideal and ~t the conclusion of the three-month period the Bhikkhus went their own ways. As one might expect, however, what was intended to" be originally on13~ a temporary dwelling became more and more permanent. Thus, the ,h, wisa and ~,rama originally ¯ proposed" for limited use were transformed by degrees4nto year-round residential dwellings. There are various illtistrhtions of this' transformation in the P~li texts such as the distinction between monks with a more or less permanent residence at a particular center-(~,wisik~a) and those who came to reside there only temporarily. This trarisition probably.took place within two hundred years after the decease of ¯ the Buddha. The Bhikkhu-sangha becoming a semi-permanent and permanent establishment, obviously necessitated more elaborate living rules. The Patimokkha, initially a °confession of faith in the' Buddha's Dhamma, gradually' became a set of'rul~s. Eventually th~se were standardized into 227 in the Theravada canon although other 2Majjhima NikS.ya, 17. 3Dutt, Budclhidt Monks, p. 66. 524 Review for Religious, Volume 31, 1972/4 references indicate that earlier lists contained fewer regulations. In sum, the Buddha'st.Truth or Dhamma was now complemented by rules of discipline or Vinaya. As Dutt so succinctly states it, the purpose of this code of discipline ". was ~to unite the Sang,ha on a new basis - not as of old on Dhamma alone and by affirmation and confession of faith in the injunctions (Sasana) of the Dhamma, but on a recoghized and accepted rule and standard of living for monks.''4 The Patimokkha,~while the heart of the monks' discipline, was encased in a body of "law" known as Vinaya. Probably the most impo~rtant a.spect of this law is that the Buddha is made the sole basis of authority. Hence, the Book of Discipline or Vinaya Pitaka contains many rules and regulations which gain the status of law by being promulgated by the Buddha in episodic sequence. With the evolution and elaboration of a unique communal law, the Bhikkhu-sangha became more and more a distinct entity both, in the sense, that it .was dis_tinguished from other Parivr~ijjaka groups such as the Jains and also as a distinct social entity to be afforded the same political protection as other aggregates within the body politic of ancient India. The wandering almsmen were no longer, in fact, the earlier typical follower of the Buddha, nor was the "Bhikkhu-Sangha of the Four Quarters" bound together only by a common faith, a practicable ideal. The Sangha was established as separate and distinct monk-settlements, in large part as a consequence of growth and maturity. Some of th( factors demanding the establish-ment of permanent monasteries included: a probationary period of training before ordination lasting up to ten years; the development of an exegetical and scholastic tradition demanding on-going centers of scholarship ;, and . the continu~ation and development of collective rites and ceremonies,s This did not mean that the mendicant ideal was rejected nor did it mean that this ideal was not practiced by some. However, Buddhism in India prospered in temples ~ and monasteries and continued to exercise a considerable influence in India through such great universities as Naland~i, long after it had been virtually assimilated into non- Buddhist traditions. - The Bhikkhu was the bearer of Buddhism to other parts of Asia - Ceylon and Southeast Asia, Central Asia, China, Korea and Japan. Many diverse forms evolved; yet the monk and monastery in varying manner of cultural dress have never lost their central place. They continue to be the embodiment of the universal truths and ideals of the Buddha and, historically, they have continued as the principal preserver of Buddhist culture. Throughout much of Asia where Buddhism spread the monastery became a massive landholder, engaging ~he monk in many of those very tasks the early Bhikkhus in India had renounced. Yet, at the same time, monasteries degeloped into some of the finest educational institutions in Asia and also afforded quiet retreats where, those who sought.most seriou.sly toemulate the Buddha-ideal practiced various forms of contemplation and meditation. Today in Asia these generalizations are still largely t~.ue. In Southeast Asia, for example, one finds monastic centers which include many ritualistic and cultic functions but which also house Bhikkhu universities and have rows of small cells where the most dedicated monks seek seriously to experience the Truth "seen" by the Buddha. It is.true ttiat the monk is becoming involved in politics (e.g., Vietnam, Ceylon, Burma) and that he is being trained in a variety of community development 4Ibid,, p. 71, 5 lbid,, p. 92. Review for Religious, Volume 31, 1972/4 525 skills (e.g., Thailand); however, it is also true that in some areas there has been renewed interest in the practice~ of Buddhist meditation both among monks and laymen. In Japan the monastic ideai has been continued by various Buddhist sects but-none has been more important than Zen-shu. In Zen some of the themes of Buddhist monasticism as it developed in India underwent additional transforma-tion. In particular, Zen came to stress the~impottance of work and service in the mundane and practical aspects ~f'life. Many students of Zen account for this particular emphasis in Zen as a consequence of the practical attitude of the Chinese mind and draw such distinctions as that of D. T. Suzuki's: "In India the monks Ere mendicants; when they meditate they retire into the quiet corner from worldly Cares; and inasmuch as they ~are supported economically by their secular devotees, they do not propose to work in any menial employment such as Chinese and Japanese monks are used to. ,6 Even though one can hardly, dispute the transforma-tion that Buddhism underwent in China an.d.Japan, this particular distinction is, we believe, overemphasized. Monks in Therav~ida countries also perfqrm manu~il labor such as housekeeping chores around the monastery alth0.ugh w.6rk probably does not have the same degree of "sanctity" Dr. Suzuki claims for Zen Buddhism. It must also be pointed out thai mendicancy is also prac.ticed by Zen monks to a limited extent and still remains one of th~ ideals of the monastic life. Whereas Zen may differ from Therav~ida forms of Buddhism to the degree in which it ac.cepts the mundane world, the centrality of meditation (Zazen) for Zen seems to be a radicalization of the practice of meditation in Theravfida monastic-ism. If the practice of meditation in Therawida monasteries in S. E. Asia were compared with Rinzai Zen monasteries in Japan, one would conclude that meditation in Zen monasticism is both more important and more rigorous. It is also interesting to note that Zazen forms part of the p~:obationary or testing period for the Zen monk, whereas in Theravfida Buddhism the typical monk has probably° practiced little or no meditation. In the first portion of this essay we have attempted to make some generalizations about the foundation of Buddhist monasticism as well as various aspects of monastic life. Important observations have, ind~e~i, been omitted; however, one concluding remark must not be left out. The Buddhist monk and monastery are not qnly important as embodiments of the ideals of Buddhism or as the principal bearers of Buddhist culture. They are of principal religious benefit to the layman both as ~ symbol of an ideal as well as a type of.repository of merit. In Therav~ida countries, for example, the services performed by the layman for the monk are a principal means of earning merit and in Japan the model to which every Zen monk commits himself is that of the compaSSionate Bodhisattva whose mercy (Ka'runfi) extends to all sentient beings. It is~ true, as observers of Asian religions point out, that monasticism and Buddhism go hand in hand; however, neither in its historical development in India nor in its present form in Southeast Asia or Japan, can Buddhist monasticism be thought of simply as a means of withdrawn life for the single-minded pursuit of spiritual goals. Such a picture is true neither to ideal nor historical forms of Buddhist monasticism. 6Essays in Zen Buddhism, First Series (New York: Evergreen, 1961), p. 316.' Review for Re!igious, Volume 31, 1972/4 II A monk is a man who has been called by th~ Holy Spirit to relinquish the cares, desires and ambitions Of other men, and devote his entire - life to seeking God.7 In the Christian tradition the monastic life in all 6"f its varied forms has continually presented itself as the truest response to Jesus' radical demand th'at one break with the "world" - its ~mores, a.ttitudes~ and institutions - and devote himself to God and His kingdom. The d~bate Continues wi{hin the Christian tradition'.as to the righ,tness of this claim¯ There are equally good reasons for assuming that Jesus meant to teach an attitude.of mind and not specific actions bye. means of vivid examples such as his commar~d to the rich young man to "sell all~ that you'possess and give it to the poor" (Mt 19:21). Whatever the present judgment of Biblic~al exegetes a'nd theologians, the early Church was of the firm opinion thai J~sus' word~ were to b~ taken as counse!ing a specific lifestyle which included ch~istity and poveroty - for th~ l~ew, if not for 'the many. " This early Christian asc.,,eticism was practiced within the local community and was a matter of'individual lnltlatwe. Every congregation most l!kely had its virgins, continent males, and dedioated widows who participated in thEsocial and liturgical life as far as their asceticism allo~ved. Their renunciaiion was frequently accom-panied by charitable works and care'of the poor. Some of the sterne'f ascetics b'uilt hermitages" near their rill,ages or lived in abandoned tombs~ off the outskirt~'°of towns. They' continued as part of the comm'unity by w.orking in the fields for hire and using their ~arnings to 6uy food and give alms. Inclusi who were-l~cked. ¯ . o in cells were, of course, dependent upon the Cdmmunity for all heeds. ¯ During the latter half of th6 third cent'ury A. D. a radical altera'ti6n'of the asc6tic ideal took place, with the result that Christian monasticism' was born. Men felt it" was no longer possible to remain within society or the Church and totally to devote themselves to the ascetic ideal. The Desert and not the City "offered a proper environment for the s.truggle for spiritual perfection. I.ncreas~ing numbers of individuals forsook society, farhilie.s, and friends to flee into the desolate deserts of Egypt and elsewhere.o T~h.ey sought solitudd. Thus the ascetic became a monk (monos = alone). The life of these first monks, the'Desert Fathers, focused on'foui"points: the isolation of the hermit cell; severe bodily asceticism, ofte~ile.aving th.e body. met6 skin and bones; striving to attain a state of continuous'prayer and devotion; ahd engagement in work, usually "simple tasks such as plaiting palm leaves and weaving baskets. In all of this the obje~l~'was to reduce bodily needs and the Z'materiality" of human existence, with a consequent enhancement of the '~spifitual" nature of man. The idea of work has playe.d, a constant and important role in Christian monasticism, whethdr eremitic of cenobitic. The early monks had no intention "of-becoming mendicants o~ depend.e*ht~ upon gifts in any wa3~. it was a niatter of pride that they lived I~y~the work of their hands. In ' the 'cenobitic i"cbmm~nities of 7Thomas Merton, The Silent Life (New York: F~rrar, Strahs and Cudahy, 1957), p. vii. ~This portion of the paper ~s particularly indebted to studies by three Benedictine scholars: Jean Leclercq, The Love of Learning and the Desire for God (New York: Fordham University, 1961); Cuthbert Butler, Benedictine Monachism (2nd ed.; London: Longmans, 1924); and David-Knowles, From Pachomius ro Ignatius (Oxford: Clarendon, 1966). See also H. B. Workman, The Evolution o3~ the Monastic ldeal (London: Epw'orth, 1913). ~ Review for Religious, Volum~ 31, 1972/4 527 Pachomius, Basil, and Benedict work continued to have an important rble, both as an ascetical discipline and a~ a~means for- the support of the community. For Basil the operation of schools, orphanages, hospitals, ~and. other institutions of service provided monks the opportunity' to exercise the virtue of charity beyond ttie bounds of the monastic community. 'Today, as in the medieval period', the "work" of Benedictines varies greatly from the manual labor in the'~'fields in which the barliest Benedictines were engaged; it extends to te'aching,omiSsion work, scholarly researclf, work in arts and crafts, or even pastoral care. It is in the area of"work" that ~some of the ambiguity of the monastic, vocation is revealed, In working to support themselves, the desert hermits sought to be independent~ yet they weie dependent upon the very cities from which they had,fled, for there the goods they made were sold. Likewise, the ,."work" of Benedictines often must qarry them beyond the bounds of the monastic .enclosure, an act which.sets up,a tension with the fundamental vow of stability and the intention to flee the world to seek only God in theY"paradise" of the monastery. ~ . 'The new monastic movement shows, several characteristics associated with sect-type movements by sociologists of religion. The founder,of the monasti~ life was~ not Jesus, the founder of the religion. His teachings contain passages which were isolated and interpreted as. calling for the :monastic life, but the man who stands as the "founding father" ~and archetypal monk is St. Antony (2617-356). Athanasius.' Life of St. Antony was decisive, in promoting and shaping the monastic ideal in. East and West.8 At a time when the Church was establishing the.three,fold norm of Scripture, episcopate, and creed we find in the monastic movement an attenuated use of Scrfpture. It is_cited, but in a fragmented~ proof-text manner. Otherwise, it functions very much as a "sacred" object, memorized in.toto as an ascetic act of pious deed; at other times invoked, via the singing of Psalms, as, a charm against the evil demons. The locus of authority was not situated in, a written text and its interpretation. It was, rather, vested in certain charismatic figures: the elder monks of the desert,especially St. Antony. The .~'Fathers" are sources of life and knowledge, Frequently in the Sayings of the Fathers a would-be disciple approaches a master with the request "Speak to me a word; Father, that I may live." .The tradition upon which the monks relied was of their own creation: The Sayings of the Fathers contains sayings and brief anecdotal narratives of the triumphs and tragedies of the monastic vocation.9 Circulating orally, the sayings and narratives embodied the norms of the movement, such as they were, in, a graphic and easily remembered form. Throughout the history of Christian monastic-ism these sayings along with the. eyewitness account of Egyptian monasticism by Palladius (Lausiac History) and the Conferences of Cassian,1 o claiming to represent the Eastern fathers, provided one of the touchstones to which successive .monastic reformers have° referred. In the West the other touchstones were the Rule of St. Benedict and the practices of the "apostolic community" in Jerusalem in. the firSt years as described by the Book 6f the Acts of the Apostles - especially the 8Trans. by Robert T. Meyer, in "Ancient Christian writers," v. 10 (Westminster: Newman, 1950). 9Owen Chadwick, trs., Western Asceticism, "Library of Christian Classics,',' v. 12 (Phila-del1p0hLiaau: sWiaces Htmisitnosrtye, rt,r S19o 5b8y) ,R popb. e1r3t -T1.8 M9 ewyiethr, e"xAcnelclieenntt i Cnthrroidstuiacnti oWn.riters," v. 34 ('Westminster: Newman, 1965). On Cassian, see O. Chadwick, John Cassian (2nd ed.; Cambridge: Cambridge University, 1968). 528 Review for Religious, Volume 31, 1972/4 common sharing of goods. Never in the early period does it seem that Jesus was claimed as an ideal.monk or the direct founder of a monastic community. The eremitic life remains to this day the ideal monastic vocation in the Eastern Church, where monasteries may resemble a conglomerate of individual cells rather than the communal facilities of a Western Benedictine house. Very early in the history of the monastic movement the rigors of isolation and the loneliness of separation were mitigated by the formation of loose and informal communities in the Egyptian desert. Indications are that the first communities were made up of the hermitages of disciples built near the cell of a particularly renowned desert ascetic. The creation of community was incidental in this case. The monks were there $o gain instruction from the master and then set off on their individual quests for spiritual perfection. Nevertheless, the way was paved for a new form of the monastic life, a form in which the individual monk would be isolated in the withdrawn community rather than in personal separation. The monastic enclosure, not the hermit's cell, gradually became the symbol of the aloneness of the monk. It was the aloneness of a community of individuals committed to a life of asceticism, meditation, prayer, work, and finally, committed to obedience to a Rule of life. The first community organized with a rule was that of Pachomius, who had lived as a hermit, but soon realized the benefits, psychic, spiritual, and physical, of a monastic community. The Rule prescribed living conditions, dress, obedience to the abbot, communal worship to be celebrated weekly, and a system of.houses grouping monks following a single trade in a single dwelling. Work continued to be an integral part of the monastic life. The cenobitic form of life was further developed and refined by St. Basil, who like Pachomius had lived as a hermit. He rejected that life as not allowing for o.the practice of Christian charity. He built monasteries near cities so that the monks might serve society through the operation of schools, orphanages, poor relief, and other works of charity. The Basilian Rule dominates the monastic life in the Eastern Church today, with less emphasis on service, to the community. It mitigated the ascetic rigors of the desert ide.al but provided that a monk might, with the consent of his abbot, leave the community to pursue spiritual perfection as a hermit. Today many eastern monasteries have hermit cells attached. In some 'cases the monks leave food for hermits li~,ing in near-by caves. The Rule of St. Benedict is generally accepted as the most perfect presentation of the cenobitic ideal. Originally written only for the 'local monastery of which Benedict was abbot, it gradually became the dominant Rule for monastic life in the Western Church during the Middle Ages. ~While it enjoined the traditional practices of chastity and poverty, the Rule required three explicit vows by the novice upon acceptance by the¯ community:., obedience, stability, and conduct of lifeJ~ Obedience meant obedience to the abbot in all things and to the Rule which laid down the conditions of life in the monastic community. Stability meant that the monk was to remain a member of the local monastic community which he entered upon profession of his vows. Conduct of life meant a continual struggle to acquire virtues and eradicate vices. From the ascetic point of view Benedict's Rule was moderate. Excessive mortification was frowned upon and discipline was focused especially in the idea of obediefice, which was the outer manifestation of true hum1 iIlsietey Bauntlde ro, Bf etnheed ircetinneu Mnocniaactihoisnm ,o Cfh .s IeXl.f-will.12 These latter two attitudes ~,ere the 12Ibid., p. 140. Review for Religious, Volume 31, 1972/4 529 essence of asceticism for Benedict. The roots of the Benedictine monastery were set deep .in the soil of the land upon which it rested. The vow of stability was a major contributing factor, so that the monastic enclosure became an enduring fact of the~ local countryside from generation to generation. Monks were not to wander about constantly seeking ever-more-suitable spiritual or physical environments. The agricultural base of the monastery's life also strengthened this bond with the land. Originally, work in the fields, workshops, and other occupations was meant to make the monastery self-sufficient and independent. Ideally the monastic enclosure encompassed the fields, sheep-runs, mill, orchards, brewery, and all other necessary appurtenances to provide for the brethren, who were to leave the monastery only under extreme circumstances. Dependence upon the land within the feudal structure of Medieval Europe often brought this ideal into .conflict with a far different reality. In light of the obligations which went with the possession: of land, monasteries and parti-cularly abbots often found themselves owing knight service to nobles, administering justice in courts, collecting tolls, and generally participating in the feudal structure as any other land-holder might do. The holdings and consequently the corporate wealth ~of many houses increased due to the pious practice of giving property to monasteries in order to obtain forgiveness of sins and to insure prayers for one's self and family. Central to Benedictine life is the insistence upon the community as the essence of monastic life. The monk enters a community of like-minded men who have been "converted" from the world to monastic life. His life bounded by the enclosure, the monk shares all aspects of his life: meals are eaten in common, worship is in common, and monks sleep ino one large room, with younger monks interspersed among elder brethren. Such a life stands in direct antithesis to the eremitic ideal of the Egyptian desert monks. There are three primary activities: manual labor; celebration of the liturgy; and devotional reading. Benedict considered the liturgy the most important of the three; nothing was to interfere with it, but all activities claimed proportionate shares of the monk's time. Later developments stressed ones of the three at the expense of the others. The abbey of Cluny (tenth century) so extended the length of the liturgical offices that little time was left for anything else, and the function of the Benedictine monk was taken to be that of chanting the liturgy - and in doing this the monk carried out a religious act in6umbent upon all, but impossible to fulfill for many because of other obligations. The monks prayed for all men. The Cluniac monks were free to pray for they had serfs to work in the fields. In.the twelfth century the Cistercians sought to restore the austerity of the primitive Benedictine ideal, reducing the liturgy, adopting a plain style of life and architecture, returning to the practice of labor by the,monks, and isolating the cloister. In urging devotional reading, Benedict planted a seed which grew into a far different' plant than he intended, for Benedictinism has tended to be an erudite monasticism. Benedict meant for his monks to be literate for they had to .read Scripture and the fathers and to participate in the liturgy. But he never envisioned them as scholars: Reading was to be devotional and focused on meditation and personal spirituality. In the cultural chaos accomPanying the decay of Roman institutions after the fifth century monasteries not only were islands of calm in an often turbulent world, they also were the only centers of learning, They preserved Scripture and commented upon it; they also preserved the Latin classics. Monastic devotion to learning made possible the founding.of Western culture upon.the basis 530 Review for Religious, Volume 31, 1972/4 of the literature of classical antiquity in later times. This was no small contribution for the cloistered life to have made to Western civilization. ~ Monks who were missionaries and monks who were scholars bore the burden of Christianizing and of educating Europe during the Carolingian epoch. More recently the Congregation of St. Maur (17th century) produced some of the great ecclesiastical scholars of the period and edited hundreds of ecclesiastical texts. Presently, one thinks of such eminent Benedictine scholars as the late Cuthbert Butler, Jean Leclercq, and David Knowles. They represent vital, personal devotion to the Benedictine ideal and. dedication to scholarship that knows no superior. Thus faLwe have said little of the role of contemplation and meditation in Benedictine life. At times it has been obscured by other "active" endeavors: missionary work, educational enterprises, almshouses, hospitals, farming, and the like. Yet these remain incidental to the primary goal of the monastic vocation, which is the contemplative quest. Benedictine monasticism had .and continues to have a strong contemplative tradition. Yet Benedictine practice has united the "active" life with the "contemplative" life of withdrawn reading, prayer, and meditation in such a way that the Black Monks appear to.be more "active" than contemplative. The best expression of the contemplative life is found .in two twelfth-century reform movements which remain vital orders within the Catholic Church: the Cistercians and Carthusians. Both originated in an upsurge of spiritual renewal during a period which has been characterized as open to new experiments and fresh initiatives. The Cistercians sought to re-establish the strict observance of the Benedictine,Rule, without any of the laxity, amplification of the liturgy, pursuit of secondary aims such as education, or involvement with secular society and government which characterized muchof Benedictine pra6tice in the medieval period. The life was, and is, one of simplicity, frugality, isolation of the monastic enclosure, and dedication to meditation and the contemplative life, set within the context of the common life of the Benedictine Rule. It is within this tradition that the late Thomas Merton followed his vocation. The Carthusians returned to an earlier ideal in their renewal of spirituality. The Carthusian enclosure is called a 'desert' and rightly so, for the Egyptian hermit tradition inspired it. The sides of the cloister are lined with individual hermitages; each monk lives in a small two-storied building with an enclosed garden, a workshop, and ~;alk-way on the.ground floor, and with a cell above for study, sleep,,and private meditation. The Carthusian spends by far the larger part of the day in isolation, working at a trade, praying, reading, or ~vriting. Thrice daily the brethren gather for common worship and on set occasions the community goes for walks in the countryside, gathers for discussion, or.shares a common meal; the isolatiofi of the desert is real, but it is wisely mitigated. Of all the orders of the Catholic Church, Carthusians alone can make the claim to be "never reformed, because never deformed." It is within these monasteries that one finds contempla-tion pursued most fervently within the Christian tradition. The Carthusians, like all monks, engage in work, as individuals and as a community. Earlier we observed that the monastic life now plays an attenuated role in the life. of the Church. One must return to the Middle Ages to find a presence and influence of the monastic vocation~ equal!rig in any way the present state of Buddhism. Nevertheless, the present surge of vitality within Christian monasticism must not be overlooked. Monasticism may be a phenomenon on the fringe, 6ut it is a vital fringe. Thomas Merton and the community of the Abbey of Gethsemanirepresent a renewal of Cistercian spirituality, while the bold experiments in art, architecture, Review for Religious, Volume 31, 1972/4 531 educ~ition, and liturgy at St. John's Abbey, Colleg~ville', Minnesota, demonstrate the vitality of the BenediCtine ideal in several areas. Monastic life" on the European Continent continues to bear ::fruit in education, scholarship, music, and spiritual renewal. One thinks of the leadership ~f Downside Abbey in England; the scholarship at Solesmes arid Beuron, Belgium; the Abbey of La PiErre qui Vire, France, where Benedictines of the 'Primitive Observance combine art ~cholarship with the creative artistic 'c'i'aftsmanship of L 'Atelier du Coeur MeUrtry; and" La Grande Chartreuse, the mother house of the carthu~sian Order, where the silent life of meditation has again~ been'restored. ~ : In our examination of~the .historical roots and some salient features of monastic-ism in Buddhism and Christianity, no attempt has been made to force comparisons. Nevertheless, in examining the historical record impartially one notes some striking, if obvious, similarities. In,,both:,Buddhism and Christianity the monastic life claims to represent an id6al form of .religious commitment~ In Christianity it offers a response to Jesus' call to forsake all for God and His Kingdom; in .Buddhism, the monastic community affords the ideal milieu for pursuing the highest goal, namely, Nirvfina. " ~ In both traditions eremitic and cenobitic form~ of the monastic.life exist. The ,more primitive form of the monatic.life is that of the single individual, isolated in a hermitage (Christianity)or wandering-as ,a mendicant (Buddhism).~An immediate distinction which springs to mind is the differing attitudes toward mendicancy in the early traditions. Buddhist monasticism began as a mendicant order; Christian monasticism in its eremitic and cenobitic forms strongly rejected begging and alms; monks were more likely to give alms and minister to the poor than to be the objects of such a ministry. Only with the advent of an urban economy and the need for a new style of renunciation and apostolic ministry in the twelfth and thirteenth centuries did mendicancy become an expression of poverty - and with that a new form of renunciation was formed in Christianity: the mendicant orders, which have much in common with the monastic orders, but deserve to be distinguished carefully from them as well. The necessity for rules governing the common life of monastic communities led to the development of sets of discipline which, in turn, were partially responsible for the emergence of different monastic orders. Ther~ are certain typological similarities between the degree of tension existing between the monastic commu-nity and the secular world. In neither Christianity nor Buddhism, however, can monasticism be viewed in isolation from its cultural context. On the contrary, in both religions the monastery has been at one point or another in history, a principal bearer of the cultural tradition in which it was enmeshed. The relationship of the ¯ monastery to the broader religious tradition with which it is identified is a complex phenomeflon. However, in both traditions there is a strong tendency to associate the monastic life with the truly religious life. In Buddhism, although some of the earlier scrit3tures (e.g., Thera and Therigathas) testify to the realization of Nirvfina by laymen and women, the monk soon became the religieux par excellence. Also in Indian, Buddhism the monastery came. to represent or be associated with the main stream of the tradition. In ,Christianity there is no exclusive claim to salvation through monastic profession, but in the medieval period the monastic vocation was the only one judged to be "religious"; all other occupations, including that of the 532 Review for Religious, Volume 31, 1972/4 parish.priest, were secular, i.e., involved with the world. The priest, while set apart from the laity by his sacramental powers, was nevertheless one. with them in this particular: neither he nor they had been "converted" from life in the world to life in the monastic habit. It must be said, however, that in Christianity the monastic life continues tO claim superiority in its fidelity to Jesus' message. Both Christian and Buddhist monasticism exhibited certain tendencies associated with sectarian m. ovements at the point of their origin. In both, the inonastic life was integrated into a wider'tradition, with more or less success, thus allowing for diverse expressions of religio~us experience and commitment. It remains true, however, that in Buddhism monasticism has remained to this day a substantial bearer of the core of the tradition. This can be illustrated in many ways, but perhaps it will suffice within the limits of this essay to point out that the archetypical monk for Buddhism is the Buddha himself, whereas for Christianity it.is St. Antony, not Jesus. Although in this study we have examined only the origins and some aspects of ~the, development of monasticism .East and West, our concern is not merely historical. Rather, both implicit and explicit in our study is the value of the vision which inspired the monastic ideal in both Buddhism and Christianity. In this age of rapid, change in which the moral values and religious truths of an earlier day are being challenged and crumbling, there is a strong possibility that the well-spring for religious renewal: will not arise from secular models but from the most "radically" religious. Should this be the case, the precedent of monastic life East and West will offer an important stimulus and suggest patterns for lives of holiness. PROTESTANT AND ECUMENICAL RELIGIOUS LIFE [Editor's note: The following three essays originally appeared in Unit~ chr~tienne, February 1972, and are presented here in English translation with~the kind permtssion of the~editor of Unit~ chrktienne and'of the respective authol's. Specific page references to the issue of Unit~ chr~tienne will be given at the beginning of each essay. The English translation of the threat essays was done by R. F. Smith, S.J., of the.~Department bf Historical Theology; D~vinity School of St. Louis University; 220 North Spring Avenue; St. Louis, Missouri.] THE SISTERS DEACONESSES OF REUILLY By Sister Elizabeth~, Deaconess of. Reuilly 4, [This article appeared on pages 30-40 of Unit~ chr~tienne, February 1972. Sister Elizabeth's Address is: 95, rue de Reuilly; 75 Paris 12, France. I ~ The Community of the Deaconesses of Reuilly came into ex.ist.ence in P.aris in 1841. The Community was born as a small thing, but its date deserves to-be remembered because it represented the first attempt at a renewal of ~om. munit3~ life in French Protestantism. The beginnings of this foundation were not able to flc;urish perfectly in the nineteenth century, for the centu~ was too deeply haark6d " by confessional tensions. But with' the ecumenical movement, there cam~ a mbre favorable time. In its deep attachment to.its origins, the Community is untiringly seeking in its origins the meamng of its calling and the secret'of the renewals which pr.epare, and hasten "the coming of the kingdom of ~God." THE ORIGINS The historical events in which the birth of Reuilly is inscribed were (1) essentially, the religious Awakening at the beginning" of the century and (2) secondarily, the social crisis opened by the'industrial era. The spiritual motivations that were involved were (1) an ardent thi~rsting for holiness anda consecrated life and (2) a vision of the Church structured by obedience. Intertwined with all these were the providential circumstances in which the hand of God could be seen=The vocation of the founders (Antoine Vermeil and Caroline Malvesin), their meeting, their mutual accord, the astonishing receptivity of the evangelical Parisian milieu, the finding oi~a favorable implantation site in the midst of the workers' section, the first apostolate of the sisters in the service of women who had just left prison. ¯ The Awakening" ., As Pastor G.Lagny ha's clearly shown,1 the Awakening which aroused.Protestant-ism at the beginning of the nineteenth century was a part of the general movement of Christian renewal which vivified the entire Church - and in a special inanner French Catholicism as it emerged from the trials of the Revolution and the Wars of the Empire. What came forth' was a religion of,the heart in reaction to the rationalism of the Century of the Enlightenment - a religion touched by an: affectivity that romanticism might make suspect, but it was full of spontaneity and warmth and rich in works of all kinds and in innumerable sacrificeS, It was an authentic movemenVof the Spirit. '° 1 In his 1958 work Le R~veil de 1830 ~ Paris et les origines des Diaconesses de Reuilly. "534 Review for Religious,,Volume 31, 1972/4 For the Protestant Awakening historians give a precise date and place 6f origin: 1817 in Geneva with roots, however, going back into the 18th century. If th~ Awakening was begun in Geneva by Robert Haldane, a Metho'di's~ from S6otland, the t~rrain had been prepared by a small Moravian community which had been frequented ,by theological-students. Thus it was that at the origins of the ~w°akening, are found the~ Methodists, those incomparable evangelizers, and the eMoravians,-apostles of the common life and precursors of Christian unity. -- . A native of Nimes and Sprung from old Huguen.ot ~tock, Antoine Vermeil (born in 1799) was a student at Geneva during the years of the Awakening; and his piety was deeply affected by it. Having become pastor, his resolutely evangelical faith was joined to a grefft love of the Reformed Church. For sixteen years at Bordeauxhe 'showed himself gifted in preaching, in teaching, in the care of souls as well as in the coordination of multiple apostolic and charitable activities. In the latter, however, he lamented a lack - the absence "of Sisters of Charity who do so,much good in the Roman Church.''2 Accordingly, there formed in him the idea of one day restoring in the Churches of the Reform "fe'mi]aine religibus orders.'~ Caroline Malvesin was born at Marseilles in 1806. From her childhood her hbfirt ~vas drawn to" the poor and tb children!As an adolesCent, she drear~ed of involving - ~her friends in a life entirely consecrated to God in the service, of~ thos~ who s,uffered most'.'Bnuott h°i"n g" m '" P r:ote'stant"i s.m. corresponded to her asp~: r"atlons." I't "was very ° sad," ~he s.aid,, " t o see no way of entering the service of the Lord." "Since my twentieth year I regretted nothing more than the fact of not being able.to with what joy I would have submitted myself to a rule, to a Christia'n discipline." Later as a teacher at Bordeaux,)Caroline was linked in deep friendship'to Fas[br Vermeil. In 1839 under the influence of the preaching of the great apostle Adolphe Monod, her Christian life was totally renewed. The breath of the Awakening touched her.:The peace she had-.Iong desired at last filled her, soul with a joy and a power that she had not previously experienced. The Holy Spirit rekindled in her j'the ,need to consecrate herself entirely to. the service of the Lord." This need ;'devohred her.". . A Thirst for Consecration ,, In the 4th century when the Roman Empire was at peace, monasticism had appeared spontaneously as a sort of substitution for martyrdom°.'Verme.il did not hesitate to invoke the same argument in favor of a rebirth of religious life in French Protestantism of the 19th century:~ "For three centuries the agitations of the Church under the cross were able to satisfy these needs of the heart and of the expansive faith which seeks self-immolation and sacrifice; but today it is'necessary to open another outlet for them.''3 In the absence of such an outlet, many souls " "will be led toask of other sources the means to satisfy their:.thirst" (that is, they would be attracted to Roman Catholicism)~ -, At the same time the missionary impulse offered possibilities of herbic commit: ment to.Christians in love with the Absolute. Caroline Malvesin introspected herself on this point but found that her calling lay elsewhere: "Reflecting on the pressing needs of our own people, it seemed to me that the good needing to be done was Expressions taken from the founders in their own language are placed within quotation marks; the expressions are ta keii from their corresponce and from a number of brochures." Brochure distrtbuted July 30, 1841. Review for Religious, Volume 31, 1972/4 535 just as great around us. ; I believe that each of us has his own interior intimation which leads him to recognize the work fitted to himself." Then this cry sprang from l~er: "For myself, I feel that my work will be to strive~by the gra~e of the Lor-d to hasten that blessed moment when there will be but one flock guided by one shepherd." A Vision of an Obedience-structureed Church At that time the Reformed Church oflFrance, which had remained united during the persecution, wa~ threatened with divisions. Deprived by the State of its national synod,:it lacked a center of authority, The separation between the Reformed and the Lutherans (essentially a regional reality'except in Paris) was not the cause. Rather, the real divisions were at the very heart of the Church. On the .level of dogma a gap had opened up and.hostilities existed between the liberal and the "orthodox" tendencies. And on the ecclesiologi-cal level the partisans of free churches (that is, separated from the State) were opposed to Christians who remained devoted to the "national" Church. And almos~ everywhere Methodists were opening their "chapels" under the shadow of the large church buildings. During 1840 Vermeil, a man of peace, was called to Paris in the hope that hl would be a conciliator. Once he had arrived, he was alarmed by the seriousness of the evil. It was then that he had the spiritual intuition that then began to come to realization. What was lacking to such a degree in Protestantism - each one's renunciation of his own will, the sense of authority in the Church, fraternal love - could be incarnated in the feminine order which he had been thinking about for a long time. "But in order that the goal be attained, there would have to be a vow of entire obedience." The "evangelical sisters of charity,!' animated by a spirit of openness, would pertain to all the Reformed communions (a truly ecumenical community before the word was even used) and would thereby be in the midst oL the divisions of the Church a leaven of unity and of a life hidden in Christ,- He wrote at once to his spiritual daughter, the humble teacher at Bordeaux. His ideas evoked a profound response in Caroline Malvesin. From this time on there began an ardent correspondence between the future founders.4 Animated by a genuine spirit of prayer, a sense of disappointment with regard to her own Church led Sister Malvesin to the vision of the Church of Christ in its totality and awakened her to the scandal of the division in the Church universal: "The .Roman Church has disfigured Christianity. but the Reform has also disfigured Christianity." "The more I, think of that project, the more I love it. I love it because of the great deeds that the Lord can grant us to do but al~o and above all because it is a step toward the fusion of the. Churches~ This is a gospel-authorized work that Protestantism has neglected.In applying oneself in a Christian way to the matter, it musf~be-acknowledged that the branches of the trees have been cut off too short and that thereby the traveler has been deprived of salutary fruits and of a greater amount of shade . will the time come when we will not use the words 'Protestants,' 'Catholics,' except to give thanks to the Lord that they no longer exist; when will the time come when the great Christian family will quench its thirst at the source of living water which springs up into life eternal?" 422 letters from February 6 to August 31 1841. 536 Review for Religious, Volume 31, 1972/4 The Community Beyo~d a sympathetic reference to the "Sisters of Charity" and to the term deaconess borrowed from Biblical vocabulary (Rom 16:1), our founders borrowed nothing. They seem to have been ignorant of the patristic traditions, and they purposely kept away from Catholic sources in the supposition that they were blemished with errors and abuses. They intended to "have no other b~se than the gospel, no other foundation than Christ." Yet, remarkably, by a soft'of spiritual instinct they rediscovered the principles of traditional religious life: - Entire consecration of self to God by union with Christ." "Our Center is the One from whom comes the light; the Center of our captured wills is the Master. May each member derive her life from Jesus alone, her love from Jesus alone, her humility, her contentment, her renunciation, her abnegation, her spirit of sacrifice frorfi Jesus alone!" (Sister Malvesin, Letter to the Community, December 31, 1868). - .4 life of prayer: "My house will be called a house of prayer" was the text chosen by Antoine Vermeil when he opened the sisters' chapel.where twice a day the community would come together for praise and adoration. ~ " - .4 solemn commitment binding one to the service of the Lord)"My sister, do you ~feel penetrated by such a gratitude to God our Savior who has redeemed us at so large a cost that you are unshakably determined to consecrate to Him in the service of the Deaconesses that body and spirit of yours which belong to Him?" (textused from 1884). - Community: The vow of obedience grouped the community around the~sister superior. It included the stages 'of sister-aspirant and'of sister-n~vice before the attainment of the consecration as sister-deaconess. All remuneratiohs were for common use to be shared according to the needs of each. ~ '- "Evangelical poverty"." Antoine Vermeil gave the~ sisters as their rule the apostolic precept: "As long as we have food and clothing, let us be content with that" (! Tim 6:8). - The vision of unity: This vision was to make the community a demonstration of a reality which the Churches still needed. There wa~; however, one hesitation, and this in connection with lifelong consecrated celibacy which seemed too contrary to Protestant principles (though this was taken for granted rather than stated). The commitment of the sisters would be simply for two years and would be renewable indefinitely for the same term. Early Achievements, " Although, as we have seen, Sister Malvesin and Pastor Vermeil were preoccupied with the Situation of the Chuich, they were also tormented by the miseries in society at large. Their charity led them to~meet these miseries on all fronts, o ~ The first' act of the community, and this on the'very of day of its foundation, was the opening on the rue des 3-Sabres of a shelter for women leaving prison. (This was a consequence of the visit to Paris of Elizabeth Fry, the Quaker mystic and apostle to prisons:) Thereafter the sisters began to seek' out the. poor who were numerous in the sector of Faubourg Saint-Antoine. The condition of the children- moral debase-ment~ and physiological misery - moved them deeply. They rented two places to take care of them - one for young girls in moral danger, the other for tubercular children. Sick adults also received the compassion of the sisters, and they opened for them an infirmary with eight beds. Review for Religious, Volume 31, 1972/4 537 In 1844 a large piece of property v~as found on the rue de Reuilly. The shelter (supplemented by a section for adolescents), the two projects for.children, and the infirmary were easily accommodated there. And it was also possible for Sister Malvesin to realize there the educational work which she .had cherished in her heart. She opened the first school for mothers in the sector, the first Protestant primary school, and the first nursery. But her zeal did not stop with this. After the primary school, there was need for an apprenticehood center for young girls, evening courses in reading and writing for women, and an open library for the workers. The work of evangelizatio0 was also pursued in the sector e.specia!ly by means of a Sunday School which, brought together 150 children while Pastor Vermeil organized public gatherings. Soon the first sisters were asked for by the Province. Th~ey went, alone or in small groups, to take charge of orphanages, o~f hospitals, and of old age homes. All of this was undertaken in the Course of the first six years. One may regret this intense activity on the grounds that it compromised the formation of .the first novices and the deepening of the newborn community in prayer and in the religious life. As it turned out, the life of the community was not sufficient to justify the existence of the sisters-deaconesses,, their strange dress, and their "convent" on the rue de Reuilly. As far as Protestant opi.nion was concerned (an opinion that raged over the matter for the ten years from 18,46 to 1856), both liberal and conservative Pr,otestants found in this unwanted group a point of unexpected accord. TODAY- AND TOMORROW Because of the badly prepared Protestant milieu, during the first hundred years of the existence of the community, the aspect of religious life was deliberately played down, and this by the founders themselves in the trouble and sorrow of their consciences. Christian service was giv.en priority over the service of praise and over the building up of the ecumenical Body. But there always remained a number of living realities: - entire consecration of self to God, - the authority of the sister superior, and - a strong feeling of attachment to the spiritual family of Reuilly. And these were to be sufficient supports for the renewal actually going on at the present time.s In the years of the Second World War there came a new g~neration which, e~,en if it was not numerous at the beginning, was deeply desirous of communitarian life." And without downgrading social effectiveness or apostolic zeal, the yearning .for prayer grew. The ecumenical vision that had been lost for such a long time was recovered - and with the greatest joy. The restudying of the documents of its origins (especially the letters exchanged during the prefoundation period) en-couraged the Community to take up anew on its own responsibility the project of religious lif6 that had been insufficiently realized in the past. The appearance in contemporary Protestantism of cenobitic communities (Taiz6, Grand~hamp) was an immense encouragement. Finally - a~d this was a capital point - the theological renewal during the period 5This idea, along with a number of others, has been taken from the paper, La Communaui~ de Reuilly ~ la d~couverte de sa source monastique, presented to the Faculty of Theology of Strasbourg on March 17, 1966, by Sister Marie-Madeleine Handy, Sister of Reuilly. ~ 538 Review for Religious, Volume 31, 1972/4 was'favorable ~6 communitarian qifd and provided it for the first time within 'the framework of Reformed doctrine a sufficient foundatiom The Theological Foundation Theological 'vigor was wanting in the°religious movement of the"19th century, centered as it was on" the sentiments 0fthe believer and on the needs of mankind. The great wave of the'Awakening which' urged so many women to an eritire consecration of themselves to God in celibacy and in ~ommunitarian life did not find in Europe thesuppgrt of a theology capable ofhnderpinning the life. Orily the Anglicans, nourished by the fathers of the Ctiurch, knew how to~ compose such a theology. The 20th century, on the other hand, recovered the vision of one Church, of the Church as the Body o~" Christ the members of ~,,hich, being organically bonded together, are in mutual intercommunion. Accordingly, this theological renewal along with the liturgical renewal and the ecumenical movemedt favored the blossoming of community life. The little'book of Dietrich Bonhoeffer,Life Together, published at the end of the war, opened the way'~o a gre~t deal of reflection. Karl Barth recognized the place in the Church of regular communities alongside parish communities. Then there came the writings 'of Taiz~ and - less known but important for Reuilly - the thought of Louis Dali~re whose charismatic ecclesiology is completely oriented to the nearness of the kingdom of love and of the return of Christ. Theology restored baptism to the center .of all Christian life since it unites us to Christ. Accordingly, holiness no longer appeared a-s bound to the religious life as such but rather to the vow of baptism included in it; and the same could be said of the apostolate. God is the sovereign of His callings; His freedom differentiates them as it pleases; nevertheless, baptism assigns each Christian the same goal - holiness - and the same demand - witnessing. On the common basis of baptism, w~e ciar~d to reaffirm in all their plenitude the three commitments which traditionally have formed religious life' the communalty of goods, consecrated celibacy, and the acceptgnce of authority. The Community as a member of the Church is configured to the Church's image: Christocentric prayer, the sanctificatioi~ of time, unity in love, organic cohesion, dynam!sm of the Spirit, openness to the world in a great diversity of services. The theological movement in this period of the 20th century opened before us the .largest perspectives. : ° The community The essential has been said; t'he only thing left is to live it! T~o reestablish the contemplative dimension of our vocation and to restore integral community life have been our primary obJective~s; and thereby a,. new hierarchy of values became necessary. Through the adoption for daily prayer of the Office of Taiz6, the sisters entered into contact with the treasures of the universal Church and discovered the beauty of the liturgical year. A third time of common prayer was begun in the middle of the day; the Last SUpper memorial became frequent; more time was given to s~iritual retreat and to meditation on the word of God. All ~this was not easy to accomplish. And for most of us, engaged as we are in demanding works, there'is still' a searchihg for a balanc6 in the "mixed" life where Review for Religious, Volume 31, 19~72/4, 5,39~ the Divine Office and the service of the Church are the.,two aspects of the si.ngle service of God. Similarly, we have come to a better understanding of the sl~irit~al dim'ensions of the common life: "We do nbi enter community in ardor to have companionship but in order to give ourselves entirely to God. Before everything el.se the framework of common,life should help us to perseverance in interiori.ty. In place of sa.crificing.the values of communita*rian life in the name ,of the aposti~late, we realize that the radiating ~power of our service depends on the truth~and the love lived among us", (Sister Madeleine-Marie). o ~ .Daily encounter, revision of life, sharing, reflection t'ogether, ~study - it was neces~sary to find time for, all of these. It was also necessary to cease all niggardliness in the matter of the formation of the you~ng members; so too was it necessary tO reeducate the older members by continued religious, apostolic, or professional formation. But this, I think,_is the story of all the active congrega~tions of~our day. But there remains the necessity of, men~tioning matters that were problems peculiar to us. First of all, in the course of the last twenty years the com. munity of Reuilly has gradually~ separated its own identity from that of the works and institutions in which the sisters exercise ih~ apostolate. Moreover,. our statutes have been revised - still, however, imperfec.tly. Furthermore, we have choffen a qgllege of twelve sisters ~ with constant reference to the sister sup.erior.-7~.an.,d .have begun having assemblies of the community. Finally, we have devote._d the~ gre]tes~t attention to the formation of our novices; and we hav~ ~refashione~i- our liturgy, of consecration and the commitments theinselves in order tha~t ,t, ii~ey.may better express the truth of what we are. But we have not finished ali'ihis;.~'and this internal history of ours - always needing'to be reconsidered and never finished - is full'of meaning especially for those of us who are engaged in it. ~ Apostqli.c Commitment. It is a commonplace to remark t'hat we are living in ~a ti~ae of profoiand "change both iq the Church and in the world.,The present is po longer a'fixed thing but in total flux. We could speak of our apostolic engagement by enumerating its concretizations: hospitals, schools, homes for the aged,, parishes, byotherhoods, ov[rseas apbstolate, ecumenism, spiritual retreats, hostels, and so forth. Also we could justify our longstand!ng forms of the apostolate and the reasons for our new forms. But in reality we - like the rest of the Church - are m search of a new spirit. We" are in-progress, not knowing if our life's movement will succeed in one e~ndeavor and be frustrated in an.other. It is clear that in the works that were previously~ famil!.al but W.hich have now. become, in however small a way, true public services, the insertion o~" our~ sisters into the midst of numerous lay workers and the mode of the sisters' presence to'~ those whom they se rye there is in the process of thoroughgoing chg~ge. Wha~ is'the Christian character of such works and how should our witnessing be expressed in. them? Can the gospel _still pass muster and can it still transform a determined institutional milieu? Should the status of the sisters ev9lve towards, salaried. positions? These are difficult and profound problems for which a-solution can be reached only by spirits who are courageously.inve.ntive and, while ~ot losing their own identity, respectful of the vocation of each member of such works: sisters, lay ~.pe.r.sons,, technicians, Christians, agnostics. Is it possible o to attempt~ a common 540 Review for Religious, Volume 31, 1972/4 project which-goes beyond the religious community without weakening the community and without denying the values that are proper to it? Will we receive the faith that moves such mountains, will we have enough love and enough humility? More than any other age, ours has need of stable places, houses, structures; do we "still know how to provide them? 'In parish work'as well as in the brotherhood apostolate, the position of the sisters it les~ complex and l~ss ambiguous. Parishes expect catechetical witnessing~ contemplative prayer and intercession can flower in the brotherhoods, These ministries are all openness, friendship, approach to people in their daily preoccupa-tions. Doubtless, however, these too pr~esent their own problems 6f insertion and of adaptation. The reasons for the sisters to be in a given milieu and the way of living the gospel there are questions that it is always necessary to ask. Beyond all others, the' real problem is always that of the gospel. How can the gospel be commuhicated to the people of our time? H6w can new modes of communicati6n be found without downgrading the word and without lessening charitable ~,ork? For a long time already the Community has been asking these que~stions. It is now fifteen years since we began our first attempts at "liturgical plays" for the celebration of great feastdays. It was with. astonishment thaVwe have seen our chapel filled with known and unknown friends. Then it became necessary to answer the appeals that °~ame from outside - from Paris or provincial parishes; in'these cases we have presented a cycle of eight days or more, thereby participating in ph~'bchial renewal and in evangelization. Finally, our modest plays as well as our audio-visual "montages" of various kinds became the messengers of our ecumenical devotion: the crypt of the Church of St. Eloi was made available to us for a greater reception of the people of the sector; Catholics included. Singing - it had begun among ourselves - made its appearance along with the accompanying instrumentation. These last summers there have been experiences in camping. In the evening there was much singing of all types together with short montages occasioned by a text of the gospel. We tried mixed teams of sistet:s and young people. The participation of the people gave us a joyous surprise as did the seriousness of their attention. "To ~hare the gospel" is one of the profound needs of our time. But perhaps even more u~'gent is the need to relearn how to pray, to rediscover.the contemplativ~ dimension without which there is no Christian life. Once it had 6ecor6e' aware of its new hierarchy of values, the Community of Reuilly wanted to share with others the grace that had been given it?'A number of room~ were furnished for the reception of persons for a spiritual retreat': Then we began to cherish an important project which was first supported by our prayer and then~ realized in September 1970: the opening at Versailles (rue Porte-de-Buc) of a house of prayer situa'~ed ~in the calm of~a beautiful park and open to receive retreatants, either.individually or in groups. We do not have a "frozen" program on the way of making a retreat; we have learned that fo~ those who come we must be an "open" community. The important thing is that each retreatant be familiarized with the particular realities of the community and .that he have ~he possibility to live with it its lifeof daily praise. Versailles will also be a special place for ecumenical dialogue. And finally for the Communit3~ itself it is the occasion of the spiritual regrounding so necessary for active sisters. Not'~verything has been said here for the Spirit is alwa~ys pushing the Church and o Review for Religious, Volume 31, 1972/4 541 communities in spite of their weakness. One last thing, howeve~r, should be sai~ about our commitment to the Third World. For the last ten years there has been a modest brotherhood in Algeria. We are present in Dahomey where we have two sisters in the ,structure of the Common Apostolic Action (an interconfessional and interracial team). In the Fon territo~ of the country and inca fully animistic background wd have an urgent and enormous medical work tl~at must be accomplished with the barest of resources. In Cameroun there has been begun a small African community at Makak; a!ready there are two novices; a community house is under construction. These are small beginnings but they are also the objects of a great hope. Sister,Malvesin in her vision of the tree (letter of February 24, 1~41), whici~ she often appealed to, foresaw a community that was both perfectly achieved (strong trunk enrooted in Christ)" and at the same t.ime.totally ope~n to the~world (many branches attesting the vitality of the $runk). The, dynamism of her vision has not been exhausted. God grant that it will always arouse the renewals that are necessary in the continuity of the Spirit. THE ORDO PACIS By Sisters ofthe Ordo Paeis [This article appeared on pages 41-48 9f Unit~ chr~tienne, February 19"/2. The address of the principal house of the Ordo Pacis: Celia St. Hildegard; Koppel 55 11;D-2 Hamburg l;West Germany.] A Com.munity "under the Peace of Christ" ° ~ Among the evangelical religious orders, our Evangelische Schwesterrischaft O,r.do Pacis [Evangelical Sisterhood of the Order.of Peace] represents ~ somewhat special type since our communit3; include~ women in every state of life: Married sisters live in their families; some celibate sisters live al6ne; and there are some sisters who live in community and form as.is said today, "a community." We are not very numer6us - actually only twenty-four sisters; the community has its residence,- the Celia Saint-Hildegard [Cell of St. Hildegard], in Hamburg; the rest of thesisters live throughout the rest of Germany. The foundation of our sisterhood b.y the consecration of its first eight sister~ took plac~e in 1953 after long years of preparation. From around 1930 the idea of sucha community was formed in the minds of some membe.rs_ of ~the Eva, ngelische Michaelsbruderschaft (founded in 1931 and now having fiv~ hundred brothers but without community life) as well as in the minds, of a group of women eage[ to commit themselves in the Church; but °the idea did not then comd to realization. After the Second World War some of the women made recofitact~ith e~ch other as well,as contact with other women; they intentionally went out to women of~'all states=the married, widows, celibates, deaconesses. This group changed its composition greatly in the course of time; and it also became more and more independent of the Evangelische Michaelsbruders~haft. Over a period of some years the group began to ask itself whether it should respond to a special calling, from God for the foundation of a sisterhood which Would include besides the states of. life already represented in the,.group (m, arried and celibate) the state of a sister committed, to communitarian life. To our knowledge 542 R~view for Religious, 'Volume 31, 1972/4 there was not then ~ind isnot now any other Protestffnt community"which includes Women of all states as full members. This group of women met together.each year for a few days of retreat in order to seek the answer to their self-question in common prayer and in Bible~stud~ together. Two Bible texts,' especially, ~were essential for their consideration'. First, there was the encounter of the two worhen, Mary and Elizabe'th, called by'God to be the im~ige and the type~of every encounter in which Christ is°the center. Secondly, thEre':was th~ appearance Of the Resurrected Christ on.Easter night in the midst of ,.His~Disdiples and with the salutation "Peace" on His:lips. The peace of Christ was to become the determining factbr in the life of each sister as well" as in the life of the small corfimunity that was eventually constituted,at Hamburg in 1956. The peace of Christ is the gift Of the,Resurrected One which we receive in order to give it tO the world in the place we are at -, in our families, in our professions, in any new work that may be undertakeh. The peac~ of Christ is the reality which unites us even though~ we live in very different circumstances and with very.different missions; this is why we have dared to take for our sisterhood .the name of the Order of Peace. We realize that we are only beginners; we have not yet a formulated rule; we are trying to live out only a few fundamental, convictions. The essential thing is that each of us be in reality an "instrument o~" the peace of Christ" as should the sisterhood as a whole. We are c0nvincedl~hat our vocation is this: The peace that has been entrusted to our community. (Naturally, we know that this peace is also entrusted to each Christian' and to the entire Church.) In order for us to actually be an-instrume'nt of peace'in the world and qn complete solidarity with the perso.ns with whom we live and work (our families, our parishes), we have thought it essential that women of all states and of all backgrounds .shou, ld be joined in a single sisterhood with sisters who ~: commit themselves to c~qmm.unity life in order to be perfectly atthe, disposal of God/We have m~any difficulties: The great differences in the life situation of each of the sisters; the considerable disiances that separate us; theJack of time and energy that affects us each day; the temptation we all have to live an isolated vocation; the temptation to see a differhrice of quality between the group of sisters committed to commumty hfe and those who remain in their civil sta~. To' live our common vocation in, spite of all these difficulties requires immense efforts; and we will attempt to describe these in the following paragraphs. First of 'all*, there is the matter of the i~rayer in which'.we live our common vocation. It is prayer that is made each day; it finds its sou'[cd both in a daily meditation on" a pas~.ag.e of the gospel (ordinarily the same passage° for all) and in the various li(e situations of the day that are gwen to tis by God. In this inatter we have learried':and ~are still learning a~great deal~.from the Churches and the ~coinmunities of "the othe{ great ~onfessions'~ and ~for this we are deeply grateful. However, our life in prayer-, our daily life "underthe peace" is basically a most delicate thing to~ describe; we have, however: risked such a description in the second part of this article, always fearful, however, of using expressions,that are too strong for the initial small experiences that we have had up to !he' present. Another part of the'" realization of our dommon .vocation consists i-n the relationship of ehch sister with the entirety of'our sisterhood. Take, for example, the relationship ~with :the sister who directs our sisterhood, who indicates the way along which the sisterhood should advance together, and who makes the de~isions which should correspond to our common goal. It is absolut'ely necessary for her Review for Religious, Volume 31, 1972/4 543 ministry that each sister keep her informed of her experiences (both positive and negative) under the sign of peace; each.sister must give the~ director full. trust as well as full obedience. Because of the great distances between us, for most of us this is done by writing or, at times, by telephone. Still another consideration is the special relationship between each sister and another sister, an adviser, appointed for the purpose. This sister-adviser should be closer (not in the sense, of friendship) than the other .sisters and should .represent to the sister the totality of the sisterhood in a simple and concrete manner. It is useful for the sister-adviser to live in the same region (to facilitate visits), to live in the same state of life, and to be more,oor_less of the same generation (to better understand the problems and the situation.of the sister-advisee). But none of these are indispensable. And it is always necessary to make the effort to really break up in ourselves the tendency to ,individualism, to open oursel~,es, to make ourselves "transparent," if we are to realize our common vocation on this adviser-advisee level. Besides the above, each sister sends every year.an account of herself to the spiritual father of our sisterho~od. This is to be an expression, of our common vocation, for what we give an account of is the gift which has been entrusted to us in common.And it should be noted,that the spiritual father of our sisterhood has the role of spiritual and theological counselor~ o_f the community in general and in particular of the sister who directs the sisterhood.,, It is he who conducts the liturgical services at our reunions; and he is also the spiritual director of some of us (since it is often difficult to find one).~ As was the case before the foundation of our sisterhood in 1953, our journey together is marked by the yearly reunion of all the sisters for ~lays of retreat and for days of reflection. The thrust that pushes us forward is to be found in a special way in these reunions, in the Bible study during, the days of retreat, in the celebration of the Eucharist, and in prayer. But, as must be clear, there are many forces which weaken this thrust and which, tempt us to.r.eo~ain where we are instead of advancing forward. A. brief mention should be given to the small community of the Celia Sair~t- Hildegard at Hamburg. The Celia is not our center, but it is an essential part of our sisterhood. The sisters of the community arg committed to a life of celiba.cy lived in a communalty of goods and in the acceptance of authority. Their residence is expected to be a place of prayer, that is, the rhythm of the day is marked by common Offices and by the personal prayer of each sister. The re.sidence has its doors open in two directions: to leave and to enter. Some of the sisters engage in a profession as an expression of real solidarity with the entire world (as well as to provide for the material existence of the community). At the same time the Celia is open to all those who wish to come there. It has a number of rooms available for those who come. And people do come - to pray, to recollect themselves, to rest, to find someone to listen to them, to share in our joy or in our frustrations, to make a retreat (alone or in small groups), to participate in an Office, to take a quick snack; they come for a few hours or a few days depending on the needs and opportunities of each °one. In short, they come to us to enter into the movement of peace which has been given to us to give to others. Prayer and Life in the Peace of C- hrist ~ "The peace of God is with us.'His peace is up6n the earth." This is the ending of all our Offices; and in it in a very concise way is summarized 544 Review for Religious, Volume 31, 1972/4 the manner in'which we seek to respond to the reality of the peace of Christ. The resurrected One said to His Disciples: "Peace to you!" (Jn 20: 19). What He meant by this salutation was a reality which would henceforth determine their life and the life of the Church. In the gift of His peace the resurrected Lord gave us reconciliation with God, the salvation that envelops each man, all mankind, the entire universe. The peace is "the normal situation of the new creation" (Foerster). Understood correctly, the peace of Christ is not primarily an ideal and harmonious state of the individual; its purpose is not merely the isolated individual. Rather the peace is first of all a "collective grace" (Comblin) which Christ gives to His Disciples as a community and which they as a community ought to receive and let be operative. Peace, salvation, life - this is the gift of the resurrected One with which He sends His followers to the points where there is no peace, no salvation, no order. This is done so that the real victory of the Resurrection might be believed, be witnessed to, and transmitted to the world. In this sense the entire Church is a community under the peace of Christ. It is precisely for this reason that it is legitimate for the Church to contain within itself '~orders of the peace" ~- communities which expressly keep themselves at the disposition bf this peace, thereby grasping and realizing their own particular vocation. In the same way there are other communities (for example, those of Taiz6 and of Grandchamp) who place themselves at tl~e disposition of the gift of unity. To believe in and to give witness to the peace ot~ Christ (that is to say, to give concrete expression to this peace in our world) does not mean to propose purposes of this world (for example, the suppression of war) nor to set in motion impressive activities With regard to some sort of "program for peace." This would be to reverse the order of things. Peace in the Biblical sense is a matter that belongs to God; He it is who leads it to His own end, and to Him is reserved its "program." But He wills in an absolute way to use us as His "instruments." It is a question, then, of ourselve~ as a community in the midst of the world being completely available to the peace of Christ which is itself the real objective force "which Changes the world, society, the order of things" (Comblin). It is necessary for us to be available for that peace of Christ which is a universal force, which excludes no human being from salvation, and which leads all to become one without erasing multiplicity. Finally, we must be available to that peace of Christ which is directed toward the coming of the' Lord and toward the achievement of that new creation in the dawn of which we are ourselves living. These are brave words, given the Church as it exists in the world today, given our small sisterhood, and given the nature of each of the sisterhood's members. But this corresponds to God's way of acting which will always remain for us a paradox: God brings to the world His message and His reality by the "poor and the little"; His victories are not in any evident way linked to human possibilities. We sisters are only beginners in the discovery of the dimensions of our vocation under the peace, and all the more so when it is question of turning our knowledge into obedient action. It is as such beginners that we now try to say simply here how we in our community attempt to make room for the peace of Christ. The realization of the peace of Christ is done first of all in prayer understood in the wide sense of the word. For in prayer God is the center and His action is essential. Prayer is the place of encounter with Christ; it is in prayer that we receive His gifts; it is in prayer that our mission is always renewed; and iris in prayer that we ~nd the power for a renewed obedience. For this reason it is essential that we always penetrate more deeply into a life of prayer. Review for Religious, Volume 31, 1972/4 545 This means for us the following: living by the Church, participation in the worship and the life of the parish in its plenitude and its poverty, living in the presence of Christ listening to His word and for His will, personal prayer of adoration, immolation, praise, thanksgiving, intercession, supplication, and struggle. In the course of the years our mission under the peace has found expression in a number of prayer formulas. In the morning the prayer of abandon and of intercession of all the sisters is linked to the following prayer: "Lord Jesus Christ, You have said: "Peace be to you; as the Father has sent me, so also I send you'; Lord, send us also." The prayer cited above, "The peace of God is with us; His peace is upon the earth," corresp.onds to the message of Christmas;it originated as the conclusion of a special intercession on the vigil of.-Christmas. Now we are bold enough to .m.ake it the conclusion of all our Offices throughout the entire year. And always we attempt to line up our prayer anew with our daily life by professing the reality and the presence of the peace of Christ in the midst of everything that surrounds, occupies, and tires us, of everything that weighs down up.on us and upon others. Then there is a short prayer that accompanies each sister during the day in her work and in her brief moments of recollection; it is a prayer that also helps us to keep at each moment the peace, of the resurrected One as the center of the day's events: "Lord Jesus Christ, You are establishing Your Kingdom in the midst of the world. You are the Peace that has. conquered the world. We pray to You to make a place for Yourself in us and by us." In the intercession whi.ch is an essential.part of our mission under the peace, we try to present to God all men in the variety of their situations, to give and entrust them to His peace. We include both those we know as well as those outside our personal relations or interests. In intercession it is God who wishes to be active; it is His peace that acts in a definitive way. We do not present projects or proposals to God; rather we pray that He may keep a person in His peace or that His peace be victorious over a person wherever he is and in whatever set of determinants, or we pray simply that God may gi~,e a person (or ~e~sons) a part in the joy of His presence. 1.t should be evident that a community which wishes to serve the peace of Christ would be desirous of an ecumenical outlook, of havi'ng contacts with Christians of other confessions, of taking part in the prayer for unity and in the common mission of all the Churches with regard to the world of today. This is why we are gratefully happy to be able to maintain relationships and contacts with a large number of groups, congregations, and communities of different Churches. We are convinced that our mission under the peace is closely and meaningfully linked to the fact .that in our sisterhood itself are to be found members living in very different situations. We are bound to recognize that the two vocations - that of marriage and that of celibacy - mutually complement each other and mutually depend on each other. We must give to each other the freedom for different forms of the imitation of Christ - to one the freedom for communitarian life in a total commitment; to a second the liberty to be a celibate whose life is not fixed and hence ~n a certain way can be mobile, entirely available to the "today of God"; and to a thi~rd the freedom for a life in the bonds of marriage and of the family. We are forced to train ourselves to live under the peace of Christ in the tensions which naturally are not small in' a community embracing so many differences, in age, in backgrounds, in work, in ways of thinking and acting. The practice of the peace does not consist in attempts at "peaceful coexistence" or at harmonization; 546 Review for Religious, Volume 31, 1972/4 neither is it to be found in an excessive zeal to find principles and clear guiding lines. But it is realized if we hold ourselves in the presence of God, turned always toward Him, ready to accept and to forgive one another, and this not only when we celebrate the Eucharist or pray together but in each situation of our life. '~ Another sphere of experiences for our mission under the peace is where we are at home in our houses or our apartments. These should be places of the presence of the peace of Christ; this is why it is most important that one praYs there. And more and more we are recognizing that in the middle of a world ~'here all order is shattered we should not hope to be able to establish oases around us that represent a sane world. The upsetting of order is not held back for us, for our homes, or for our communities:. It is not a question, then, of realizing the ideal type of marriage, of family, of communitarian life, of professional conduct, or of conquering the difficulties of life. The peace of Christ is present in our places of living when we see our state and that of the world as it really is - without salvation and without hope - and when we a~re ready to take into our empty hands the gift of God, being ready to let ourselves be penetrated by the peace of Christ, by His victory, by His pardon, and by His re-creative power. The profound disorder of our world from which so many persons are suffering today ~vill not be healed by absolutizing forms of an order that are given in advance and then held on to. It is the Working of Christ that Will heal; He has arisen, He has freed us in order that we might establish in our world (which is perishing) the sign of His victory which is already given in plenitude to the entire world. It' is natural for these places of the peace to have their doors Open not only in the sense of a normal hospitality (which shares by giving and receiving) but also to receiv~ persons who are crushed, who do not have peace. In this matter different places will act differently according to whether it is the living place of a sister living alone, of a family, or of the Celia Saint-Hildegard and according to whether the place is in a village or in a small or large city. There is no need to enumerate one by one the possibilities of realizing the peace in the numerotfs relationships, responsibilities, and missions in which each of the sisters is placed in her family, her parish, her profession, and so forth. Let us, however, emphasize here how activity and prayer are mutually founded on each other and cannot be separated. Nor must we deceive ourselves by thinking that our human capa6ities' or our success in a given .place would be proof that we are accomplishing our mission; the peace of Christ is not the result~ofour possibilities nor of human efforts. We must be present to ~the world of today, amazed by its achievements, weighed down by its burdens, affected by its maladies - and yet marked and supported by the reality of the Resurrection of Christ: "Something new has been planted~in the world. What we have to share is not our soul, nor our attitudes towards the world, nor our calm, nor our interior peace. We do not occupy ourselves with'ourselves. We do not have to share or show what- the Lord has done to us. We have only to transmit a reality; a blessing, a grace. This is the meaning of the peace of which Jesus speaks" (Comblin). In thus seeifig the peace as a gift which has been entrusted to us and which we have to accept and to carry into the world in His name, we-are professing a profound solidarity with all men under the universal power of the peace. Accordingly, our encounter with Christ cannot be "private," but together with ourselves it concerns the entire world: "Obtain the peace of Christ'and thousands around you are saved" (St. Seraphim). Review for Religious, Volume 31, 1972/4 547 THE ECUMENICAL COMMUNITY OF, BOSE ~ [This ~rticle appeared on pages 59 to 63 of the FebruarY" 1972 issue of Unit~ chr~tienne. Th~ address of the principal hous~e of the Bose Community is the following: Comunit~ di Bosch;' 03050 Magnano, Italy.] ~ ¯ , A't Bose, a section of the Commune of Magnano, amidst the hills of the S'erra in Italy there has existed for the last three years a mixed monastic community, Christians of different confessions, Catholic and Protestant, men and women,,all celibate, have joined together to seek God in poverty and in obedience,to the gospel._ The objective of their life ,together is the work of reconciliation among separated Christians, dialogue with all men, and the aw.aiting of Christ. This community whose, members. .lead an ordinary',life dependent on manual or professional work is not a religious congregation or an ecumenical sect.; much less is it a new Church; it is simply a place for the seeking~of unity among Christians, Birth of:.the Community The adyenture of Bose began in0Turip on the via Piave durihg the years of .1965 and, 1966. ItowaS there that a group of young people fgrrfied the habit ofm.ee~ting with~nzo Bianchi, then a student. The group, which~had ~fo.rmed itself in order to giv~ Christian witness to university students, commenced by sharing with the students meals followed by Bible reading and by prayer in common. These encounters continued in a number of old domiciles and finally resulted i9 a group of Catholics, Protestants, and Wa~cl, ensi ,ans" (partiCulariy numerous in Piedm00t), all of whom joined together in a brotherly search for a ne.w,.wa~y of ~living their Christianity. For the Catholic~ of ,the group, tt~e high point of their spi'ritual life. was ~their dor~estic Eucharistic celebration in the course of an eve.ningdev0ote,d~to praye.r,and revision of life. In time the group grew as did also a sense of a particular vocation.It was in this way that the monastic calling of many of the group came to be realized as welLas.the manner and form which their response to this calling should take.~ For many of th.e group the end of their studies was in sight; ahd they spontaneously .experienced the desire to continue: the valuable experience ~f.lived brotherhood. They~ f~lt they should, choose a p0or~aqd secluded area to establish a common house. Their choice fell on Magnano in the Serra, the extensive moraine that lies betw,een Riella and lvrea. ., In September 1966 they had been members of a work camp for the repairing of a crumbling church near Bose, and they had come to appreciate the locality. The c.hurcti had been sufficiently repaired to allow for common prayer.within it; late.r its restoration would be completed~by the Office of Public Mofiumen~ts. Hence, they decided to establish themselves at Bose; they rented a few small and poor houses and fixed them up suitably without, however, altering their simplicity, At the beginning these houses were used only as "second residences" for living over weekends after thei~ s.chool week or professional week was finished; they used to meet there centered around the,Eucharist and there~by made a first tentative, attempt at partial common life. ~ ¯ ~ . The real community took form ,when Enzo Bianchi met two persons:, a young Swiss Reformed pastor, Daniel Attinger, who was impelled by the same desire for ecumenical common life; and. Maria-Teresa Calloni, a young Catholic girl who also was eager to attempt a:monastic experience in a mixed mode. Common life in a small and. secluded village would not be a matter'6f holidaF 548 Review for Religious, Volume 31, 1972/4~ comfort, and 'the "~'aspirants" were well aware of this. To test their endurance, they went .t~hrough a period of novitiate to initiate themselves into the monastic life; they made this novitiate in traditional Catholic, Protestant,, and Orthodox commu-nities.~ On August 6, 1968 - they chose the Feast of the Transfiguration for the birth and the anniversaries of their community - seven Catholic and Protestant brothers and-~sisters began "their life in common. The Life of the Community The members of the community simply wanted to be Christians, that is, to take the gospel seriously and to live it not in an isolated way but together. They are. simply baptized persons who n.ormally live by .their work in' order not to be dependent; but they live~together and share their salaries in order to take care of their ownoneeds and to offer a generous fraternal hospitality, for they wish to keep themselve~ in the j6yous poverty of the Beatitudes. To the measure their professions allow (some of them work in Ivrea), they come together for prayer in the morning, at noon, and in the evening; and they also .take: their~ meals together. But in every event they pass their evenings in community, including guests withwhom they are always ready to share their concerns. It is at the'~e evening sessions that they discuss their problems and make their decisions,~ Prayer In accord with the ancient practice, their common p'rayer is the Office chanted three times a day to thee praise of God and as intercession for o~r brothers. In order~ that" this Office might,be within the grasp of all, our community has taken great care in its composition. We have translated numerous prayers from different traditional Christian liturgies and have adapted them to contemporary spirituality. We have also creaf~d flew 15rayers which take into account present-day sensibilities and the problems of our day which remain present in the heart of modern man in his dialogue with God. " Our community has also made a new translation of the Psalms; the translation, rhythmic as psalmody should be, is expressed in ordinary language which can be understood by persons of little education such as workers and peasants. In this way, prayer ceases to be an alibi, a flight from the world; rather it tends to become not only a means of praising God and of listening to His word but also an instrument that works on the world, a prelude to action. In our evening prayer God is praised and the brothers with whom we have lived and worked that day are presented to Him. There are also presented to Him the events of the world, looked at with reference to the Word'who does not ~gase to enlighten our judgme~nt and to guide our conducl?. Hospitality We offer .to our guests a welcome that is very simple but brotherly. They can share'.the life of the community: work, prayer, meals, dialogues. With us they can live in seclusion for as long as they want to examine their problems and to rethink their commitments. Catholics and Protestants, lay persons and priests, bishops and pastors, believers and nonbelievers, young people eager for reriewal - all these receive the same welcome. In 1970 some five thousand persons came to usTor individual or group retreats or for longer periods of experience of the monastic life. Hospitality is a ministry more necessary than ever in this epoch of ours when modern man suffocates in isolation Review for Religious, Volume 31, 1972/4 549 in our depersonalized cities. The absence of dialogue, especially the absence of dialogue between generations, harms modern man cruelly. It is in order to provide. interlocutors for modern man that there are springing up today communities of Christian celibates who are a!ways ready to welcome persons and who keep themselves always free to listen to each one. Our Commitment in the Church We said at the beginning that the community of Bose is not a new Church; all of its members remain in the Churches which engendered them by baptism into the life of Christ. Our community does not wish to substitute for the Church nor regard itself as a model for the Church. On the contrary, the members of Bose put themselves at the service of the Christian Churches, especially in the work of reconciliation of Christians of different confessions. The simple fact of beginning a life together after four hundred years of separation can appear to be an evangelical initiative that is audacious and perhaps a little foolish; but today it can be clearly seen that the communitarian enterprise is fundamentally prophetic - a matter that is visible not only in the interior of the community but also in its work of witnessing. Common life animated by the same~word of God, by the same rhythm of the spiritual life, by the acceptance of the same communitarian will have brought our members to a theology of peace that unites rather than divides us. Besides the "breadwinning" work of our members, the community does work for the Church: preaching, Biblical courses, colloquia between Protestants and Catholics, the sparking of encounters and the coordination of "spontaneous groups" in Piedmont. Moreover, the commun.ity illustrates a renewed form of that service of the Church which is constituted by the common monastic life. Celibacy lived with the interior certainty of a calling from God and in.~availability and openness to others expresses confident waiting for the coming of Christ. During the recent years some new vocations have come to confirm and to enrich our young community which is developing without a rigid 'program and in provisional quarters with a practice of poverty of means and of limitation of initiatives. In a word, our community wishes to be a response to an actual need to renew religious life; it accepts the responsibility of having a prophetic value for the world of today. Our Commitment in the World Commitment in the world represents for the brothers of Bose neither a free option nor a supplementary effort; since they work exactly as all other men do, they are naturally involved as the others are in the same social reality where their work is done. Wherever there is question of establishing more justice, they share the responsibilities, the solidarity, and the struggle of the other workers and with no fear of thereby soiling their hands. Each of the members has the concrete duty of choosing the political and labor methods which concretize this struggle for justice. A member's belonging (though not in a juridical way) to the monastic tradition does not dispense him. from involving himself in a concrete way in the liberation of man in the place where he works, for it is there that man is incarnated in reality. It would take a prolonged effort of creative reflection to locate in a suitable fashion the role of the believer in this work of liberation that he accomplishes in 550 Review for Religious, Volume 31, 1972/4 union with all other men. "The flight from the world" must not be understood as a: throwing aside or an abandonment of our responsibilities but as a contestation with regard to the methods of the world - those methods which are called power, money,, and success. In our community, freed as it is from constraining exterior rules, the different politico-social experiences are confronted and judged only by the criterion of obedience to the gospel and to the demands of justice. A Community of Contestation? During all this time of ecclesial contestation, many groups and individuals have come to Bose to find a form of solidarity. What did they find there? They did not find that contestation "of the salon" that is nourished by gossiping at the expense of the Church and of authority, nor did they find the contestation that aims at rupture. Much less did they ,find the contestation that is a kind of publicity product and that will pass just as styles change. On the contrary, our ,contestation was intended to be serious and to be constructive, l.t limited itself to the criticism of the nonevangelical and the always increasing bureaucratic manner of organizing the life of the Church. Each time the community raised its voice, it did so with the patience and the charity of the gospel. It modeled itself on the contestation of Francis of Assisi when he castigated wealth and power: intransigent as he was in the matter of conduct, he always showed himself good willing toward men. Some difficulties have arisen between our community and the Catholic hierarchy, but we have undergone these taking them to be a sign of maturation. The Future of Bose Our community wishes to be provisory not in the sense that some day a sudden decision will put an end to it, but in the sense that it wishes "to live the today of God" without worry about a need for continuity. In October 1970 we opened at Turin a brotherhood (the address is: Fraternith Universitaria; Via Piave 8; Turin, Italy) in order to found in the city a place of welcome and of prayer destined especially for the university world. This was done at the reque§t of Catholic and Waldensian communities of the area. As soon as the number of our members permits, we hope to open in Switzerland a similar brotherhood for specifically ecumenical work. If it is possible ~o say it all in a single phrase, we at Bose want to live the gospel by means of the community. SISTER MARY SERAPHIM, P.C.P.A. Feminine Monastic Spirituality [Sister Mary Seraphim is a member of Sancta Clara Monastery; 4200 Market Avenue N.; Canton, Ohio 44714~1 In quest of directives to deepen my concept of the cloistered life and also to develop a spirituality in conformity with it, I began to search~ for some books or writings which dealt with the monastic life for women. To my astonishment, I discovered that practically nothing existed on the subject. Most, in fact all, of the books which had been recommended during my years in formation had dealt with ~he monastic life as monks lived it. The books were written by men about men and although the writers presumed that ~what they said was equally.applicable to nuns, itwas so only in an accommodated sense which left much to be desired. Pursuing my search, I consulted the New Catholic Encycloped.ia only to discover that under such headings as "Spirituality" or~"Monasticism" the word feminine does not even occur. A passing reference is made to the. rise of monasteries of virgins in the .third and fourth centuries'but~ these communities were patterned, on the existing monastic life of monks and had no specifically womanly character. The closest one could come to discovering a distindt feminine style of spiritual living in the early Church were the consecrated virgins who occtlpied a place of service and rank in the assembly of the faithful but who continued to live their dedication within the home. Some few groups~ of consecrated virgins did ,live together; for instance, St. Paula turned her house into a home for widows or virgins in Rome but this life style was not widely propagated.° In ecclesiastical documents about feminine monastic life, I found that while they dealt extensively width the externals of enclosure~ ingress and egress, ,~religious ceremonies, and so forth, very little if anything was s~iid about the spirituality of the women who were to be observing these regulations. The most insightful document, ato least to this writer's mind, which has appeared so far, is' the controversial Venite .seorsum - On the Contemplative Life and the Enclosure of Nuns. Pas~ing over any commentary on the regulations prescribed, I would like to observe that the first section of this instruction treats in an unusually perceptive manner the spirituality of contemplative nuns. However, even this instruction .touches only on some of the broad and obvious characteristics of feminine spirituality. Much more can, I feel, and should be said in this area. Turning to some of the noted women writers of the past, we find St. Teresa of Avila writing with profound insight on the life of the spirit for women, but what she teaches with rel~ard to the development oi~ that life within the confines of the monastic framework for women has not gone much beyond ther doors of Carmel. Has anyone taken her writings and sifted from them what would be applic~able to all cloistered religious ~women? It seems that such a study would be immensely profitable for that half of monast~icism which is female. Looking into my own Pogr Clare tradition I noted that St. Clare had no intention of founding a "monastic" order in the traditional sense any more than did St. 552 Review for Religious, Volume 31, 1972/4 Francis. She accepted (because she was forced to) a modified Benedictine rule and lived it most of her life. But she never gave up her struggle to have her own conception of gospel living approved. Three days before her death a Bull was placed in.her hands attesting ~the approbation of the Church on her unique "Forha of Life:" Throughout the centUries Poor Clares have been classed as a monastic order in the Church; and although this is true from a purely juridical point of view, it is a distortion of the reality from a spiritual point of view. Not "Female Monks" Traditionally, monks are defined as solitary seekers after God who live a common life for the sake of greater freedom from mundane concerns: Now this definition does not sit easily on the hearts of cloistered women. The idea of being solitaries living in community destroys something fundamental in the why and wherefore of feminine community life. A woman cannot live as though she were a hermit even with one other woman, much less a house of twenty or more! She must interact with those around her for it is part and parcel of feminine endowment that she is alterocentric. Therefore a spirituality which does not take this truth into accourit will not meet the specific needs of feminine monastic life. The necessity of developing in writing the style of spiritual life of cloistered contemplative women is becoming increasingly important. For today the Church has asked that ea~l~ order and congregation restudy its sources and examine itself to determine whether it is living according to its own unique charism. As a result of this reexamination,' many contemplative women have become aware of the discrepancy that exists between the spiritual books which have hitherto been considered normative and the fidelity to their special role and calling that the Church is asking of them. Nuns are awakening to the fact that they are not "female monks.'

En Colombia, el feminicidio es un tipo penal cerrado, en cuya estructura de delito autónomo, el legislador determinó, según el artículo 2° de la Ley Rosa Elvira Cely LREC, que el sujeto pasivo es la mujer cis, considerada así desde lo biológico, en razón de su sexo de nacimiento. En la jurisprudencia colombiana, cometer feminicidio es causar la muerte a una mujer, necesariamente motivada "por su condición de ser mujer o por motivos de su identidad de género, móvil que hace parte del tipo dolo calificado" (Sentencia C-297 de 2016). Según Ramos de Mello (2015), en el feminicidio "el Estado es incapaz de garantizar la vida de las mujeres, de respetar sus derechos humanos, de actuar con legalidad y de hacerse respetar, de buscar y administrar la justicia, de prevenir y erradicar la violencia que ocasiona"; mientras que, las teorías sociológicas consideran al feminicidio como un crimen de Estado (Legarde, 2008) o como violencia sexual sistemática, propia de las relaciones de poder: social, cultural (machismo, patriarcado), política y económica, dominantes (Monárrez, 2009). En la LREC, el legislador no definió con precisión que el sujeto pasivo en el delito de feminicidio allí consagrado, podría extenderse a personas transgénero, concepto general que para la CIDH de la OEA constituye una denominación básica para designar a "aquellas personas cuya identidad de género u orientación sexual es diferente de las expectativas basadas en características físicas sexuales o en el sexo que les fue asignado al momento del nacimiento" (CIDH-OEA, 2015); los modelos o estereotipos sociales establecen disimilitudes en la sociedad, aunque la perspectiva antropológica del rol de mujer trans (travesti, transexual y transgénero), no necesariamente está vinculada a procedimientos médico-quirúrgicos para la reasignación de sexo, sino a la construcción de la identidad de género (Cano-Caballero, 2010). En la sociedad contemporánea, existen grupos de personas LGBTI, considerados vulnerables por su diversidad sexual, quienes no tienen regulados sus derechos de identidad jurídica en la legislación nacional, a pesar que la comunidad jurídica internacional se los haya reconocido en razón o por su condición de género (CIDH, 2015); situación que los expone al prejuicio que a su vez los hace objeto de violencia y estigmatización (Ramos-Salcedo & González-Mauricio, 2015). De otra arista, el orden social en los Estados no está organizado estructuralmente para dar prioridad y adaptar procesos pertinentes con identidad de género o sexual, por lo cual deberían ser considerados como "construcción del cuerpo social como eje de transversalidad para la culturización y la difusión de información, para que la sociedad contemporánea, respete y asimile un proceso más inclusivo, que genere mayor atención hacia el cuerpo distinto, presente en la persona" (Cedeño & Cedeño, 2018). En Colombia, los derechos de las personas LGBTI no solo son irrespetados, sino que además no le son garantizados a plenitud, dado que, las autoridades de tipo judicial y administrativa, "anteponen el estereotipo o prejuicio al momento de aplicar la legislación o por una actitud omisiva desconocen las precarias e infravaloradas condiciones y estigmatización social" (Colombia Diversa, 2020); debido quizá a que el sistema está cimentado sobre la base del binarismo de género, invisibilizando a las mujeres trans y desconociendo la realidad de personas con género no binario. Aunque la Corte Constitucional colombiana ha sentado jurisprudencia a través de múltiples sentencias en materia de derechos de parejas del mismo sexo, en el país persiste la discriminación homofóbica por razones de orientación sexual e identidad de género, registrándose en forma continua, la vulneración a los derechos humanos y fundamentales como la integridad personal, la libertad, la intimidad, la libertad de expresión, a pesar de las normas y las Organizaciones No Gubernamentales que trabajan por su garantía. Transcurridos dos decenios del siglo XXI, estos derechos de las personas transgénero siguen siendo ignorados y como personas humanas, "marginados y discriminados por una sociedad que le niega la existencia de una identidad de género propia de las personas trans, el derecho de igualdad sin distinción de sexo o género, sin exclusión" (Cardona-Cuervo, 2016; Godoy, 2019). El no reconocer de forma incluyente a la persona trans, mediante política pública o legislación más precisa, desatiende la valoración social, la identidad de género no normativa y la identidad jurídica, siendo un condicionamiento que conlleva a la incorrecta imputación como homicidio agravado, al tipo penal de feminicidio cuyo sujeto pasivo es la mujer-adolescente trans. En esta tesis se desarrolla una investigación sociojurídica tipo analítica y comparada, dado su método de análisis interseccional de contenido, basado en fuentes de doctrina, jurisprudencia y política criminal, así como del derecho comparado con países de Latinoamérica en cuya legislación se incluya el tipo penal de feminicidio delimitando su unidad de análisis a adolescente transgénero y el sintagma gnoseológico se desarrolla mediante tratamiento multidimensional e interdisciplinar, con tres categorías analíticas abordadas desde la antropología social, psicología, derecho y ciencia forense; para determinar la construcción social e identidad jurídica como mujer-adolescente transgénero, necesaria para proponer su inclusión taxativa como sujeto pasivo en la LREC. Desde lo procesal-penal, se propone el protocolo de actuación médico forense y se incorporan los elementos socio-jurídicos incidentes que, como mecanismo judicial se requieren direccionar para una efectiva imputación en el proceso de investigación criminal del feminicidio transgénero. Desde lo académico, el problema jurídico y su solución, se abordan desde el conocimiento interdisciplinario y transdisciplinario en las áreas de Antropología, Derechos Humanos, Ciencia Forense, Derecho Procesal-Penal y Criminología; con lo cual se logra un aporte transversal, contemporáneo y de impacto sociojurídico, que genera una prospectiva como nueva línea de investigación y futuras investigaciones de alto impacto a nivel teórico e institucional en la USTA. ; In Colombia, Femicide is a closed criminal type, in whose structure of autonomous crime, the legislator determined, according to article 2 of the Rosa Elvira Cely LREC Law, that the taxable person is the woman considered thus from the biological point of view, in reason for your birth sex In Colombian jurisprudence, committing Femicide is causing the death of a woman, necessarily motivated "by her condition of being a woman or by reasons of her gender identity, motive that is part of the type of qualified fraud" (Sentence C-297 of 2016). According to Ramos de Mello (2015), in Femicide "the State is incapable of guaranteeing the lives of women, of respecting their human rights, of acting legally and enforcing respect, of seeking and administering justice, of preventing and eradicating the violence it causes "; While, sociological theories consider Femicide as a crime of the State (Legarde, 2008) or as systematic sexual violence, typical of power relations: social, cultural (machismo, patriarchy), political and economic, dominant (Monárrez, 2009 ). In the Rosa Elvira Cely Law, the legislator did not precisely define that the taxpayer in the crime of Femicide enshrined therein, could be extended to transgender people, a general concept that for the IACHR of the OAS constitutes a basic denomination to designate "those persons whose identity of gender or sexual orientation is different from the expectations based on sexual physical characteristics or on the sex assigned to them at the time of birth "(IACHR-OEA, 2015); social models or stereotypes establish dissimilarities in society, although the anthropological perspective of the role of trans women (transvestites, transsexuals and transgender), is not necessarily linked to medical-surgical procedures for the reassignment of sex, but to the construction of identity gender (Cano-Caballero, 2010). In contemporary society, there are groups of LGBTI people, considered vulnerable due to their sexual diversity, who do not have their legal identity rights regulated in national legislation, despite the fact that the international legal community has recognized them by reason or by their status as gender (IACHR, 2015); a situation that exposes them to prejudice that in turn makes them the object of violence and stigmatization (Ramos-Salcedo & González-Mauricio, 2015). On the other hand, the social order in the States is not structurally organized to prioritize and adapt pertinent processes with gender or sexual identity, for which they should be considered as "construction of the social body as an axis of transversally for culturalization and dissemination of information, so that contemporary society respects and assimilates a more inclusive process that generates greater attention to the different body present in the person" (Cedeño & Cedeño, 2018). In Colombia, the rights of LGBTI people are not only disrespected, but they are also not fully guaranteed, given that judicial and administrative authorities "put the stereotype or prejudice before applying the legislation or by a omisive attitude ignore the precarious and undervalued conditions and social stigmatization "(Colombia Diversa, 2020); perhaps due to the fact that the system is founded on the basis of gender binaries, making trans women invisible and ignoring the reality of people with non-binary gender. Although the Colombian Constitutional Court has established jurisprudence through multiple judgments on the rights of same-sex couples, homophobic discrimination persists in the country for reasons of sexual orientation and gender identity, with the violation of rights being continuously recorded. human and fundamental such as personal integrity, freedom, privacy, freedom of expression, despite the rules and Non-Governmental Organizations that work for their guarantee. After two decades of the 21st century, these rights of transgender people continue to be ignored and as human persons, "marginalized and discriminated against by a society that denies the existence of a gender identity typical of trans people, the right to equality without distinction. of sex or gender, without exclusion" (Cardona-Cuervo, 2016; Godoy, 2019). Not recognizing the trans person in an inclusive way, through public policy or more precise legislation, neglects social valuation, non-normative gender identity and legal identity, being a condition that leads to the incorrect imputation as aggravated homicide, to a criminal type of Femicide whose taxpayer is the transgender woman-adolescent. In this thesis, an analytical and comparative socio-legal research is developed, given its method of intersectional content analysis, based on sources of doctrine, jurisprudence and criminal policy, as well as comparative law with Latin American countries in whose legislation the criminal type is included from feminicide, delimiting its unit of analysis to a transgender adolescent and the epistemological phrase is developed through multidimensional and interdisciplinary treatment, with three analytical categories approached from social anthropology, psychology, law and forensic science; to determine the social construction and legal identity as a transgender woman-adolescent, necessary to propose her exhaustive inclusion as a taxpayer in the LREC. From the procedural-criminal point of view, the forensic medical action protocol is proposed and the incident socio-legal elements are incorporated that, as a judicial mechanism, are required to address for an effective imputation in the criminal investigation process of transgender Femicide. From the academic point of view, the legal problem and its solution are approached from interdisciplinary and transdisciplinary knowledge in the areas of Anthropology, Human Rights, Forensic Science, Procedural-Criminal Law and Criminology; with which a transversal, contemporary contribution with a socio-legal impact is achieved, which generates a prospective as a new line of research and future research of high impact at the theoretical and institutional level in the USTA. ; Magister en Derecho Penal y Procesal Penal

Introduction. Nowadays TNCs undoubtedly determine the dynamics and main trends of the world economy as a whole, control its main trends and technological level and to a large extent determine the rules of the game. On the other hand, TNCs can not fail to take into account the realities and trends that are formed in society, and are forced to adapt to them in their activities. One of the main such realities is the concept of sustainable development, analysis of the impact of which on the activities of TNCs will be devoted to this article.Obviously, neither the concept of exogenous nor the concept of endogenous economic growth does not fully take into account the environmental factors and challenges faced by modern society. In addition, none of the above-mentioned models of economic growth did not pay sufficient attention to social factors and stability issues. Therefore, the emergence of a new, ecological and economic model of growth, which would combine the achievements of natural and social sciences.Analysis of used sources. In the world economic science, TNC's were researched by such scholars as S. Agarval, P. Backley, D. Bennett, G. Vaenrich, R. Vernon, S. Gaimer, J. F. Gennart, C. Gill, C. Hofer, J. Danning, D. Datta, M. Casson, R. Kewz, C.D.D., J.L., T. Moran, T. Ozava, K. Omae, H. Pitilis, M. Porter, P. Rana, R. Reich, S. Rolf, J. Rotheb, F. Rout, M. and S. Tolchin, F. Trompenaars, A. Shapiro, K. Sharp; in Ukrainian science, certain aspects of TNC's activity were studied by O. Bilorus, O. Budkin, V. Butkevich, I. Gladiy, B. Gubsky, V. Dikan, V. Kisil, V. Melnyk, A. Moky, Y. Pakhomov, K. Panchenko, A. Pekhnyk, J. Poplavskaya, O. Rogach, A. Semenov, K. Semenov, S. Sokolenko, A. Filipenko, O. Shnirkov and others. At the same time, despite the large number of researches on TNCs, some aspects of TNCs' activity in the modern international business remain insufficiently elucidated and require further analysis.The purpose of the article. To conduct the theoretical aspects and practical recommendations of regulation of TNC activities according to the concept of sustainable development.Presentation of the main material. Obviously, neither the concept of exogenous nor the concept of endogenous economic growth does not fully take into account the environmental factors and challenges faced by modern society. In addition, none of the above-mentioned models of economic growth did not pay sufficient attention to social factors and stability issues. Therefore, the emergence of the emergence of a new, ecological and economic model of growth, which would combine the achievements of natural and social sciences.Such a concept was the model of sustainable development, formulated in the late 80's and approved in Rio de Janeiro in 1992 at the United Nations Conference on Environment and Development, as well as approved in the Declaration on Environment and Development "Agenda for the 21st Century"The next stage in the development of this concept was the International Conference on Financing for Development (International Conference on Financing for Development), held March 18-22, 2002 in Monterey (Mexico), where the heads of the participating countries adopted a coordinated decision on the use of tax levers, investments in economic and social infrastructure, the development of capital markets through banking systems, balanced fiscal and monetary policies, the reduction of the impact of inflation, the promotion of high standards of economic growth, full employment, the eradication of poverty and price stability. These ideas were further developed in the framework of the World Summit on Sustainable Development from 26 August to 4 September 2002, which allowed setting goals and timelines for a wide range of issues, in particular, setting target targets with the provision of sanitation, the use and production of chemical products. As a result of the summit, more than 200 partnerships were announced in various areas of sustainable development in all regions, for which significant funding was allocated. The Johannesburg Implementation Plan and the Johannesburg Declaration on Sustainable Development were adopted within the framework of the Summit.In addition, the extremely important element of the World Summit on Sustainable Development in Johannesburg was that international commitments were complemented by a series of voluntary partnership initiatives on sustainable development.The decision of the above-mentioned international meetings allowed us to proceed to the practical implementation of the decisions taken, which, in our time, with the corresponding periodic adjustment, is conducted under the guidance of the United Nations Commission on Sustainable Development.According to the UN Commission on Sustainable Development, its goal is to meet the needs of modern society without compromising the ability of future generations to meet their needs.Accordingly, 5 basic principles are based on the concept of sustainable development:1) Economic development can be sustained and sustainable in order to meet the needs of the present generation, while not undermining the ability of future generations to meet their needs.2) The restrictions that exist in the field of exploitation of natural resources are relative, they relate only to the constraints imposed by the current level of technology and social organization, as well as the ability of the biosphere to self-healing.3) It is necessary to satisfy the basic needs of all people and to provide everyone with an opportunity of high-quality life.4) It is necessary to reconcile the state of life of those who enjoy excessive benefits (monetary and material), with the ecological potential of the planet, in particular regarding the use of energy.5) The size and pace of population growth should be consistent with the productive potential of the changing global ecosystem. It should be noted that this does not mean a return to Malthusianism, but it certainly requires the bringing of technologies and economic development to the level of pressing problems of mankind.Subsequently, this concept was adopted as the basis for the coordination of environmental and economic policies by governments of many states and even regional integration associations. In particular, the leaders of the European Union at the EU summit held in Göteborg in June 2001 adopted a joint strategy for sustainable development. This was the definition of the very concept of sustainable development. According to the declaration of the heads of 15 European countries, "sustainable development is in such a way as to meet the needs of the present generation of people, which would not endanger future generations". Although the strategy itself was largely declarative (in particular, the EU Commissioner for the Environment, Margot Wallström, expressed regret that the leaders of the countries "did not concentrate enough on concrete actions"), yet the EU leaders outlined a series of measures who should help build a sustainable society.In Ukraine, the Concept of Sustainable Development was approved by the Cabinet of Ministers of Ukraine in 1997. In addition, within the framework of the joint Ukrainian-American project "The Program for the Promotion of Sustainable Development in Ukraine", with the participation of many leading scientists of Ukraine, a "Concept of Sustainable Development of Ukraine" was developed. It defines sustainable development as "the process of building the state on the basis of harmonization and harmonization of social, economic and environmental components in order to meet the needs of present and future generations," in which "a balanced solution to socio-economic problems, the maintenance of a favorable state of the environment and natural resource potential in order to meet the vital needs of present and future generations ".At the same time, the authors of the concept especially emphasize that "the basis of sustainable development is the parity of relations in the triad" man - economy - nature. "Sustainable development combines the process of survival and reproduction of the nation's gene pool, the activation of the role of each individual in society, ensuring its rights and freedoms, preservation of the natural environment, formation of conditions for the restoration of the biosphere and its local ecosystems, orientation towards reducing the level of anthropogenic impact on the natural environment and harmonizing human development in nature. "It is also important to realize that "Ukraine can ensure the transition to sustainable development exclusively through the effective use of all kinds of resources, structural and technological modernization of production, using the creative potential of society for the building and prosperity of the state," and also that "the definition of ways to ensure sustainable the development of the state should be based on the formulation of strategic goals of state building taking into account the realities of the present, the trends of the world community, the place and role of Ukraine in Europe and in the world ".Obviously, the concept of sustainable development causes a significant, but in many respects, determinants of the impact on the whole system of modern international business. Accordingly, the development of a strategy for integration into a globalized economy is extremely important in taking into account the specifics and constraints imposed by the concept of sustainable development and the documents and criteria adopted on its basis. At the same time, the key weight takes into account the above mentioned peculiarities when regulating the activities of transnational corporations, which at the moment is definitely one of the most powerful factors in the integration of Ukraine into the system of world economic relations.There exists a fundamental possibility of harmonizing the impact of transnational corporations on the territory of Ukraine with the concept of sustainable development. The optimum for this is the use as an optimization criterion of the type of the most intensively used TNC resources and their expansion strategies applied to the relevant market.Conclusions. The analysis of the concept of sustainable development proposed by the UN and the "Concept of Sustainable Development of Ukraine" developed on its basis allows us to draw conclusions about the existence of a fundamental possibility of harmonizing the impact of transnational corporations on the territory of Ukraine with the concept of sustainable development.The optimum for this is the use as an optimization criterion of the type of the most intensively used TNC resources and their expansion strategies applied to the relevant market. ; Проведено аналіз, на основі якого обґрунтовано, що, з одного боку, ТНК безперечно визначають динаміку та основні тенденції розвитку світової економіки загалом, контролюють її основні тренди та технологічний рівень і значною мірою визначають правила гри. З іншого боку, у реаліях сучасного міжнародного бізнесу ТНК теж не можуть не враховувати реалії та тенденції, що складаються у суспільстві, і змушені підлаштовуватися під них у своїй діяльності. Однією з основних таких реалій є концепція сталого розвитку, аналізу впливу якої на діяльність ТНК і присвячено дану статтю.Показано, що, що ні концепція екзогенного, ні концепція ендогенного економічного зростання не враховують повною мірою екологічних чинників та викликів, що стоять перед сучасним суспільством. Крім того, жодна зі згаданих моделей економічного зростання не приділяла достатньої уваги соціальним чинникам та проблемам стабільності. Тому назріла потреба формування нової, еколого-економічної моделі зростання сучасних ТНК, що поєднала б у собі здобутки природничих та суспільних наук,і дозволила б задовольняти потреби сучасного суспільства, не ставлячи під загрозу здатність майбутніх поколінь задовольняти свої потреби.Визначено, що ключовим критерієм при виборі оптимальної моделі поведінки стосовно тієї чи іншої ТНК повинен бути тип ресурсів, який вона найбільше використовує у своїй діяльності. При цьому оптимізацію державної політики стосовно ТНК найдоцільніше визначати відповідно до стратегії експансії, яку вона використовує на українському ринку.

Проведено аналіз, на основі якого обґрунтовано, що, з одного боку, ТНК безперечно визначають динаміку та основні тенденції розвитку світової економіки загалом, контролюють її основні тренди та технологічний рівень і значною мірою визначають правила гри. З іншого боку, у реаліях сучасного міжнародного бізнесу ТНК теж не можуть не враховувати реалії та тенденції, що складаються у суспільстві, і змушені підлаштовуватися під них у своїй діяльності. Однією з основних таких реалій є концепція сталого розвитку, аналізу впливу якої на діяльність ТНК і присвячено дану статтю.Показано, що, що ні концепція екзогенного, ні концепція ендогенного економічного зростання не враховують повною мірою екологічних чинників та викликів, що стоять перед сучасним суспільством. Крім того, жодна зі згаданих моделей економічного зростання не приділяла достатньої уваги соціальним чинникам та проблемам стабільності. Тому назріла потреба формування нової, еколого-економічної моделі зростання сучасних ТНК, що поєднала б у собі здобутки природничих та суспільних наук,і дозволила б задовольняти потреби сучасного суспільства, не ставлячи під загрозу здатність майбутніх поколінь задовольняти свої потреби.Визначено, що ключовим критерієм при виборі оптимальної моделі поведінки стосовно тієї чи іншої ТНК повинен бути тип ресурсів, який вона найбільше використовує у своїй діяльності. При цьому оптимізацію державної політики стосовно ТНК найдоцільніше визначати відповідно до стратегії експансії, яку вона використовує на українському ринку. ; Introduction. Nowadays TNCs undoubtedly determine the dynamics and main trends of the world economy as a whole, control its main trends and technological level and to a large extent determine the rules of the game. On the other hand, TNCs can not fail to take into account the realities and trends that are formed in society, and are forced to adapt to them in their activities. One of the main such realities is the concept of sustainable development, analysis of the impact of which on the activities of TNCs will be devoted to this article.Obviously, neither the concept of exogenous nor the concept of endogenous economic growth does not fully take into account the environmental factors and challenges faced by modern society. In addition, none of the above-mentioned models of economic growth did not pay sufficient attention to social factors and stability issues. Therefore, the emergence of a new, ecological and economic model of growth, which would combine the achievements of natural and social sciences.Analysis of used sources. In the world economic science, TNC's were researched by such scholars as S. Agarval, P. Backley, D. Bennett, G. Vaenrich, R. Vernon, S. Gaimer, J. F. Gennart, C. Gill, C. Hofer, J. Danning, D. Datta, M. Casson, R. Kewz, C.D.D., J.L., T. Moran, T. Ozava, K. Omae, H. Pitilis, M. Porter, P. Rana, R. Reich, S. Rolf, J. Rotheb, F. Rout, M. and S. Tolchin, F. Trompenaars, A. Shapiro, K. Sharp; in Ukrainian science, certain aspects of TNC's activity were studied by O. Bilorus, O. Budkin, V. Butkevich, I. Gladiy, B. Gubsky, V. Dikan, V. Kisil, V. Melnyk, A. Moky, Y. Pakhomov, K. Panchenko, A. Pekhnyk, J. Poplavskaya, O. Rogach, A. Semenov, K. Semenov, S. Sokolenko, A. Filipenko, O. Shnirkov and others. At the same time, despite the large number of researches on TNCs, some aspects of TNCs' activity in the modern international business remain insufficiently elucidated and require further analysis.The purpose of the article. To conduct the theoretical aspects and practical recommendations of regulation of TNC activities according to the concept of sustainable development.Presentation of the main material. Obviously, neither the concept of exogenous nor the concept of endogenous economic growth does not fully take into account the environmental factors and challenges faced by modern society. In addition, none of the above-mentioned models of economic growth did not pay sufficient attention to social factors and stability issues. Therefore, the emergence of the emergence of a new, ecological and economic model of growth, which would combine the achievements of natural and social sciences.Such a concept was the model of sustainable development, formulated in the late 80's and approved in Rio de Janeiro in 1992 at the United Nations Conference on Environment and Development, as well as approved in the Declaration on Environment and Development "Agenda for the 21st Century"The next stage in the development of this concept was the International Conference on Financing for Development (International Conference on Financing for Development), held March 18-22, 2002 in Monterey (Mexico), where the heads of the participating countries adopted a coordinated decision on the use of tax levers, investments in economic and social infrastructure, the development of capital markets through banking systems, balanced fiscal and monetary policies, the reduction of the impact of inflation, the promotion of high standards of economic growth, full employment, the eradication of poverty and price stability. These ideas were further developed in the framework of the World Summit on Sustainable Development from 26 August to 4 September 2002, which allowed setting goals and timelines for a wide range of issues, in particular, setting target targets with the provision of sanitation, the use and production of chemical products. As a result of the summit, more than 200 partnerships were announced in various areas of sustainable development in all regions, for which significant funding was allocated. The Johannesburg Implementation Plan and the Johannesburg Declaration on Sustainable Development were adopted within the framework of the Summit.In addition, the extremely important element of the World Summit on Sustainable Development in Johannesburg was that international commitments were complemented by a series of voluntary partnership initiatives on sustainable development.The decision of the above-mentioned international meetings allowed us to proceed to the practical implementation of the decisions taken, which, in our time, with the corresponding periodic adjustment, is conducted under the guidance of the United Nations Commission on Sustainable Development.According to the UN Commission on Sustainable Development, its goal is to meet the needs of modern society without compromising the ability of future generations to meet their needs.Accordingly, 5 basic principles are based on the concept of sustainable development:1) Economic development can be sustained and sustainable in order to meet the needs of the present generation, while not undermining the ability of future generations to meet their needs.2) The restrictions that exist in the field of exploitation of natural resources are relative, they relate only to the constraints imposed by the current level of technology and social organization, as well as the ability of the biosphere to self-healing.3) It is necessary to satisfy the basic needs of all people and to provide everyone with an opportunity of high-quality life.4) It is necessary to reconcile the state of life of those who enjoy excessive benefits (monetary and material), with the ecological potential of the planet, in particular regarding the use of energy.5) The size and pace of population growth should be consistent with the productive potential of the changing global ecosystem. It should be noted that this does not mean a return to Malthusianism, but it certainly requires the bringing of technologies and economic development to the level of pressing problems of mankind.Subsequently, this concept was adopted as the basis for the coordination of environmental and economic policies by governments of many states and even regional integration associations. In particular, the leaders of the European Union at the EU summit held in Göteborg in June 2001 adopted a joint strategy for sustainable development. This was the definition of the very concept of sustainable development. According to the declaration of the heads of 15 European countries, "sustainable development is in such a way as to meet the needs of the present generation of people, which would not endanger future generations". Although the strategy itself was largely declarative (in particular, the EU Commissioner for the Environment, Margot Wallström, expressed regret that the leaders of the countries "did not concentrate enough on concrete actions"), yet the EU leaders outlined a series of measures who should help build a sustainable society.In Ukraine, the Concept of Sustainable Development was approved by the Cabinet of Ministers of Ukraine in 1997. In addition, within the framework of the joint Ukrainian-American project "The Program for the Promotion of Sustainable Development in Ukraine", with the participation of many leading scientists of Ukraine, a "Concept of Sustainable Development of Ukraine" was developed. It defines sustainable development as "the process of building the state on the basis of harmonization and harmonization of social, economic and environmental components in order to meet the needs of present and future generations," in which "a balanced solution to socio-economic problems, the maintenance of a favorable state of the environment and natural resource potential in order to meet the vital needs of present and future generations ".At the same time, the authors of the concept especially emphasize that "the basis of sustainable development is the parity of relations in the triad" man - economy - nature. "Sustainable development combines the process of survival and reproduction of the nation's gene pool, the activation of the role of each individual in society, ensuring its rights and freedoms, preservation of the natural environment, formation of conditions for the restoration of the biosphere and its local ecosystems, orientation towards reducing the level of anthropogenic impact on the natural environment and harmonizing human development in nature. "It is also important to realize that "Ukraine can ensure the transition to sustainable development exclusively through the effective use of all kinds of resources, structural and technological modernization of production, using the creative potential of society for the building and prosperity of the state," and also that "the definition of ways to ensure sustainable the development of the state should be based on the formulation of strategic goals of state building taking into account the realities of the present, the trends of the world community, the place and role of Ukraine in Europe and in the world ".Obviously, the concept of sustainable development causes a significant, but in many respects, determinants of the impact on the whole system of modern international business. Accordingly, the development of a strategy for integration into a globalized economy is extremely important in taking into account the specifics and constraints imposed by the concept of sustainable development and the documents and criteria adopted on its basis. At the same time, the key weight takes into account the above mentioned peculiarities when regulating the activities of transnational corporations, which at the moment is definitely one of the most powerful factors in the integration of Ukraine into the system of world economic relations.There exists a fundamental possibility of harmonizing the impact of transnational corporations on the territory of Ukraine with the concept of sustainable development. The optimum for this is the use as an optimization criterion of the type of the most intensively used TNC resources and their expansion strategies applied to the relevant market.Conclusions. The analysis of the concept of sustainable development proposed by the UN and the "Concept of Sustainable Development of Ukraine" developed on its basis allows us to draw conclusions about the existence of a fundamental possibility of harmonizing the impact of transnational corporations on the territory of Ukraine with the concept of sustainable development.The optimum for this is the use as an optimization criterion of the type of the most intensively used TNC resources and their expansion strategies applied to the relevant market.