STATEMENT on the unconstitutionality of Supreme Decree No. 001-2010-MC
APPROVING MERGER OF INSTITUTIONS AND BODIES IN THE MINISTRY OF CULTURE
National Schools of Art: National Conservatory of Music, National School of Fine Arts, National School of Folklore "José María Arguedas", School National Theatre and National Ballet School, we went to the President of the Republic, President of the Council of Ministers, Minister of Culture, President of Congress, Chairman of the Committee on Culture and Education of Congress and civil society general to express the following: 1 .-
express our dismay and protest by the enactment of Supreme Decree N º 001-2010-MC, published on September 25 this year in the newspaper "El Peruano", by which the rule establishing the FIRE LEGAL of five national schools of art, which holds an act against culture.
2 .- This Supreme Decree, in an effort to resolve the financial and administrative difficulties is the recent Ministry of Culture, lack of resources and personnel to carry out their functions, provides in article 1 of the merger by absorption the Ministry of Culture of the schools mentioned, the same as after 31 December this year would cease to exist by a restructuring beyond the functions for which they were created.
express our dismay and protest by the enactment of Supreme Decree N º 001-2010-MC, published on September 25 this year in the newspaper "El Peruano", by which the rule establishing the FIRE LEGAL of five national schools of art, which holds an act against culture.
2 .- This Supreme Decree, in an effort to resolve the financial and administrative difficulties is the recent Ministry of Culture, lack of resources and personnel to carry out their functions, provides in article 1 of the merger by absorption the Ministry of Culture of the schools mentioned, the same as after 31 December this year would cease to exist by a restructuring beyond the functions for which they were created.
3 .- The extinction law of art schools means that they all lose their self-identity and institutional development: 100 years of fruitful work of the National Conservatory of Music, 99 years of institutional life of the National School of Fine Arts to the national art service and teacher training, 61 years of struggle for identity and quality of education in the National School of Folklore José María Arguedas, and sharply limit the academic development of the prestigious School of Ballet and Drama.
4 .- These schools meet today as the fundamental function academically PROFESSIONALS with college and university level in the fields of teaching and ART. Consequently, the nature of these schools requires an administrative structure, economic and institutional self, for the training of professionals, just as do the universities or higher institutions of the Ministry of Education. These functions, therefore, does not correspond with the objectives of the Ministry of Culture.
5 .- The supreme decree in question, arguing that there is similarity in the specialty, erroneously ordered the takeover of the schools of art by the Ministry of Culture, making a wrong interpretation Modernization Act of the State, ie homologous functions of different nature. In addition, the functions of art schools are regulated by a decree above devices, as is the case of Law 29292, which regulates the institutional and academic life of three of the schools mentioned.
6 .- The art schools for years have been developed with the independent efforts and tireless efforts of their educational communities in the way of quality and academic and artistic excellence. Many of them have curriculum approved by the National Assembly of Rectors and are carrying out Baccalaureate programs, diplomas and other academic events in nature superior. Even in recent years, the Folk School has trained over 1500 teachers at the express request of the Ministry of Education, the PRONAFCAP. Furthermore, in the last three years, its students exceeded the minimum passing grade (14) in the entrance examinations to become teachers implemented by the Ministry of Education. Also, the art schools have alumni and students who have excelled in the artistic and educational national and international level.
7 .- The decree in question to regulate the institutional death of our schools, it ignores our accomplishments and attentive to the aims of education in 2021, designated by the National Education Project and purposes of the National Agreement.
8 .- The decree incurred unconstitutional for several reasons, noted below:
- aims to regulate beyond the powers and duties as a senior law prescribes. The Ministry of Culture, to absorb the schools, aims to reallocate their budgets, have removed their staff and executing unit provided several of them. This alert specifically against the law reaches 29292, whose goal is an academic and artistic.
4 .- These schools meet today as the fundamental function academically PROFESSIONALS with college and university level in the fields of teaching and ART. Consequently, the nature of these schools requires an administrative structure, economic and institutional self, for the training of professionals, just as do the universities or higher institutions of the Ministry of Education. These functions, therefore, does not correspond with the objectives of the Ministry of Culture.
5 .- The supreme decree in question, arguing that there is similarity in the specialty, erroneously ordered the takeover of the schools of art by the Ministry of Culture, making a wrong interpretation Modernization Act of the State, ie homologous functions of different nature. In addition, the functions of art schools are regulated by a decree above devices, as is the case of Law 29292, which regulates the institutional and academic life of three of the schools mentioned.
6 .- The art schools for years have been developed with the independent efforts and tireless efforts of their educational communities in the way of quality and academic and artistic excellence. Many of them have curriculum approved by the National Assembly of Rectors and are carrying out Baccalaureate programs, diplomas and other academic events in nature superior. Even in recent years, the Folk School has trained over 1500 teachers at the express request of the Ministry of Education, the PRONAFCAP. Furthermore, in the last three years, its students exceeded the minimum passing grade (14) in the entrance examinations to become teachers implemented by the Ministry of Education. Also, the art schools have alumni and students who have excelled in the artistic and educational national and international level.
7 .- The decree in question to regulate the institutional death of our schools, it ignores our accomplishments and attentive to the aims of education in 2021, designated by the National Education Project and purposes of the National Agreement.
8 .- The decree incurred unconstitutional for several reasons, noted below:
- aims to regulate beyond the powers and duties as a senior law prescribes. The Ministry of Culture, to absorb the schools, aims to reallocate their budgets, have removed their staff and executing unit provided several of them. This alert specifically against the law reaches 29292, whose goal is an academic and artistic.
- Makes a misinterpretation of the scope of the Modernization Act, when it assumes that both the Ministry of Culture and the fundamental purpose of schools have artistic or cultural promotion. While this is main function of the ministry is not in the case of schools, whose main function is academically and professional educators and artists.
- In its supplementary provision repealing the law tacitly 29292, a fact that is totally unlawful and disproportionate. As you know, a Supreme Decree has less range than a law
THEREFORE SAID:
1.-call on the Chief Executive and President of the Council of Ministers, issued the Supreme Decree 001-2010 AMENDING -MC, excluding from its scope to vocational schools in art. 2 .- ask
respect and observance of the Law No. 29292 to standard academic and institutional life.
- In its supplementary provision repealing the law tacitly 29292, a fact that is totally unlawful and disproportionate. As you know, a Supreme Decree has less range than a law
THEREFORE SAID:
1.-call on the Chief Executive and President of the Council of Ministers, issued the Supreme Decree 001-2010 AMENDING -MC, excluding from its scope to vocational schools in art. 2 .- ask
respect and observance of the Law No. 29292 to standard academic and institutional life.
0 comments:
Post a Comment