NETWORK MONITORING SYSTEM BASED ON THE SNMP PRO-TOCOL FOR THE INFORMATIC AREA OF THE
PUBLIC MINISTRY - PUBLIC PROSECUTOR'S OFFICE PUNO 2015
In figure 05, After logging in, the Administrator "performs the IP address change",
this being updated in the system, after that, the system will issue the response suc-
cessfully, ending the IP address change process.
Figure 06. Diagram of sequence device query.
Fuente: Elaboración directa por el Ejecutor.
In figure 06, the Administrator consults the devices connected in the Network of
the Public Ministry - Public Prosecutor's Office of the Fiscal District of Puno.
In collaboration diagram, unlike sequence diagrams, collaboration diagrams ex-
plicitly show the relationships of the roles. It shows how specific instances of the
classes work together to achieve a common goal.
Figure 07. Query collaboration from data register.
Source: Direct Elaboration by the Executor.
99
Simon Orlando Mamani Canaza
Figure 08. Collaboration from conducting monitoring.
Source: Direct Elaboration by the Executor.
Figure 09. Collaboration of IP assignment changes.
Fuente: Elaboración directa por el Ejecutor.
100
NETWORK MONITORING SYSTEM BASED ON THE SNMP PRO-TOCOL FOR THE INFORMATIC AREA OF THE
PUBLIC MINISTRY - PUBLIC PROSECUTOR'S OFFICE PUNO 2015
Figure 10. Query collaboration that the administrator performs.
Source: Direct Elaboration by the Executor.
In the implementation, we proceeded to the elaboration of the Database with the
coding corresponding to the analysis and design of the Network Monitoring Sys-
tem. The results of the implementation, having the permanent requirements, are
detailed below: Login of the system, the user must enter the username and the
corresponding password in the text boxes, in order to access the Network Moni-
toring System.
Figure 11. Login of the Network Monitoring System.
Source: Direct Elaboration by the Executor.
101
Simon Orlando Mamani Canaza
In Network Monitoring, the administrator user will be able to carry out the process
of monitoring the devices that are within the network by verifying each device in
real time corresponding to the Public Prosecutor's Office of the Nation of the Fiscal
District of Puno.
Figure 12. Monitoring process by the administrator.
Source: Direct Elaboration by the Executor.
In Obtaining information, the administrator user will be able to obtain the infor-
mation of the device IP address, device name, description of the device as well as
other characteristics of the device, as shown in Figure 13.
Figure 13. Obtaining information from a device.
Source: Direct Elaboration by the Executor.
102
NETWORK MONITORING SYSTEM BASED ON THE SNMP PRO-TOCOL FOR THE INFORMATIC AREA OF THE
PUBLIC MINISTRY - PUBLIC PROSECUTOR'S OFFICE PUNO 2015
In the CPU Volume, the administrator user will be able to view the disk volume in
detail, its size, used space and free space of the selected device, as well as, when
the selection of all disks, RAM and virtual memory is made, as shown in Figure
Nº 14.
Figure 14. Obtaining information about the storage volume.
Source: Direct Elaboration by the Executor.
In the Register of new devices, the administrator will be able to register new
devices, which are configured to be within the network and thus be able to carry
out the corresponding monitoring in the Public Ministry - Public Prosecutor's Of-
fice of the Fiscal District of Puno as indicated shown in figure 15.
103
Simon Orlando Mamani Canaza
Figure 15. Registration of new devices to the System.
Source: Direct Elaboration by the Executor.
In the test procedures were carried out at the program level, which verified the
reliability of the information, and the feasibility of management by the Adminis-
trator. The process called Metrics by function points was applied, the function-
oriented metrics allow estimating the complexity or functions of the program. For
this, the Function Points (PF) are calculated from weights and according to the
characteristics of the system. The evaluation of the software product quality ac-
cording to the ISO / IEC 9126 model applied to the SiMuS-Center Network
Monitoring System, graphically shows the distribution of the software compliance
percentage.
Table 1. SiMuS-Center evaluation results.
Characteristic Score Compliance
Functionality 7.5 75.0%
6.67 66.7%
Reliability 10 100.0%
Usability 7.5 75.0%
Efficiency 8.75 87.5%
Maintainability 6.25 62.5%
Portability 7.78 77.8%
Total
Source: Own elaboration.
104
NETWORK MONITORING SYSTEM BASED ON THE SNMP PRO-TOCOL FOR THE INFORMATIC AREA OF THE
PUBLIC MINISTRY - PUBLIC PROSECUTOR'S OFFICE PUNO 2015
For the follow-up and validation of the monitoring system, surveys were carried
out regarding the operation of the Simus-Center Network Monitoring System. Af-
ter applying the surveys through the interviews, they gave a positive result in the
operation of the system.
CONCLUSIONS
The use of the SNMP protocol allows to improve the management process
(monitoring), which in a correct way allows visualizing the devices connected
within the network and being able to detect possible failures in real time, 2) Net-
work monitoring diagnosed (obtaining information) correctly 90% of the devices
connected to the Network.
It was analyzed the requirements for the development of the Network Moni-
toring System, in order to improve the administration of the Computer Equipment
within the Network. Where 100% of the work personnel affirm that "Yes" they
agree with the operation of the System.
The Network Monitoring System Interface was developed in a friendly way,
according to the opinion of the total workforce, 100% affirm that "Yes" they are
satisfied, they affirmed that the Network Monitoring System works according to
their requirements.
BIBLIOGRAPHIC REFERENCES
Hernández, R, Fernández, C. y Batista, L. (1998). Metodología de la Investigación.
México: McGraw-Hill.
Pazmay, G. (2004). Guía práctica para la elaboración de tesis y trabajos de in-
vestigación. Riobamba: Freire.
Taboada, J. (2001): Fundamentos UML. (1ra ed.). Madrid: Anaya S.A.
Halshall, F. (2001). Multimedia Communications. New York: Addison-Wesley”
Martinez, R. (2008), Internet Multimedia Communications using SIP. New York:
Morgan Kaufmann
Polonsky, Letho (1999). La comunicación en Internet. New York: Addison Wes-
ley S.L.
Aceituno, M. (2012), Modelamiento de Monitoreo de Servidores basados en
SNMP y SCORECARD para mejorar el tiempo de detección de incidentes en
la empresa de Distribución Eléctrica Electro Puno S.A – 2012. Tesis de
Grado, Escuela Profesional de Sistemas de la Universidad Nacional del Alti-
plano Puno, Perú.
105
Simon Orlando Mamani Canaza
Becerra J. (2007), Adaptación de la Herramienta Netcool para la coordinación de
Monitoreo y Control del centro de Operaciones de la Red de CANTV. Tesis
de Grado, Escuela de Ingeniería Eléctrica de la Universidad Central de Vene-
zuela, Caracas, Venezuela.
Botero N. (2005), Modelo de Gestión de Seguridad con soporte a SNMP. Tesis de
Grado, Carrera de Ingeniería de Sistemas de la Facultad de Ingeniería de la
Pontificia Universidad Javeriana, Bogotá D.C-Colombia.
Nicanor C., Ibáñez M., Fonseca O. y Lucas U., (2008), Monitoreo de la Red apli-
cando el Protocolo SNMP en la empresa de Súper Autos Universidad S.A. de
cv. Tesis de Grado, en la Escuela Superior de Ingeniería Mecánica y Eléctrica
del Instituto Politécnico Nacional, México.
Quintana, D., (2011) Diseño e Implementación de una red de telefonía IP con soft-
ware libre en la RAAP. Lima: PUCP. Recuperado de https://tesis.pucp.edu.pe/
repositorio/bitstream/handle/20.500.12404/205/QUINTANA_DIEGO_DI-
SENO_RED_TELEFONIA_IP_RAAP.pdf?sequence=2&isAllowed=y
106
BENEFITS OF THE LEAN CONSTRUCTION PHILOSOPHY
IN THE CONSTRUCTION SECTOR
Huaycani Mamani, Yovana Yanet
ABSTRACT
The construction sector is an important part of the economic growth of a country,
therefore, the control of the new management systems that are applied in the main
construction industries of the world and where excellent results are obtained, de-
serves special attention. This article reviews the literature on the benefits of the
lean construction philosophy in the construction sector. there are negative factors
that influence productivity, which generates inefficiencies, delays, poor quality,
increased costs, claims from third parties; which can be corrected by applying the
Lean Construction philosophy. The objective of the developed article was to show
the benefits that the Lean construction philosophy grants to the construction sector,
making use of its different tools. 20 documents indexed between 2008 and 2020
were reviewed: 10 articles are from Scopus, 2 from ResearchGate, 5 from Sci-
enceDirect and the rest distributed among SciELO, Taylor & Francis, Emerald
Insight, Semantic Scholar, ASCE and EBSCO. From the analysis of the literature,
it is shown that by applying the Lean Construction philosophy, sustainability,
transparency in construction projects, good management and planning, adequate
design, execution and control of projects are achieved for the success of objectives
proposed by companies. contractors in the construction sector.
Keywords: Management, Lean Construction, Planning, Construction Sector.
INTRODUCTION
When a large construction project is carried out, its possible failure is a func-
tion of time, costs and performance, which generally have economic and social
consequences. In these types of contexts, there may be specific delays and late
project completion, cost increases, work stoppages, decreased production, claims,
litigation and contract termination. Essentially the execution of the project with
respect to the preliminary schedule is the general problem in the construction in-
dustry. For this reason, the purpose of Lean Construction is to create production
systems that promote the improvement of delivery times, this being a new thought
107
Yovana Yanet Huaycani Mamani
with respect to the current management guide. The Lean philosophy does not only
consist in studying and practicing it, but in modifying the mentalities and behaviors
of the users, in addition to modifying the business culture, through changes in the
management systems.
In order to improve productivity, it has been considered in Hong Kong that the
Lean Construction philosophy should be used as an effective approach in the con-
struction industry. Added to this is the improvement in execution times, higher
profits, higher quality products, less waste of materials and labor, translating all of
the above into increased productivity with effectiveness and efficiency. However,
existing losses in the construction industry are frequent, given the lengthy approval
process that typically includes the delays and bureaucracy involved in obtaining
permits from local authorities. The impact of over-processing is obvious in terms
of complicating the construction process by requiring a lot of approvals, clarifica-
tions, excessive training, safety measures, etc.
Under this context in the construction industry, inefficiency and low produc-
tivity are due to a series of complications that occur in the planning, design and
construction of buildings or other projects, as they can result in inadequate coordi-
nation. Consequently, the construction industry faces challenges associated with
the inclusion of activities and processes that do not add value in its supply chain,
resulting in inefficiency and low productivity, therefore generating waste, and this
can be specified as the activity that does not add value at any point of productivity,
resulting in increased costs and times without an improvement in this.
From the mentioned problems that are generated in construction by the various
factors, the present work aims to show the benefits that Lean Construction thinking
grants to the construction industry by making use of its different tools and allowing
these problems to be resolved or avoided. This research opts for a study with a
systematic review of the various publications found in the databases. First of all,
these reviews are important because they focus on scientific investigations that are
used to perform evaluations, summaries and express findings on the focused topic
that is Lean Construction.
The information search approach is based on the following databases or aca-
demic networks: Scopus, ASCE Library, EBSCO, ResearchGate, ScienceDirect,
SciELO, Taylor & Francis, Emerald Insight and Semantic Scholar, with search
years from 2008 to 2020, obtaining 20 scientific articles that were analyzed and
selected.
108
BENEFITS OF THE LEAN CONSTRUCTION PHILOSOPHY IN THE CONSTRUCTION SECTOR
THEMATIC DEVELOPMENT
Analysis of Lean Construction Compiled Information
With the construction industry plagued by inefficiencies, Lean provides oppor-
tunities to identify and eliminate waste in construction processes and make them
more efficient. The use of the Lean philosophy has been very beneficial in the
companies that have put it into practice, generating higher profits, reliable results,
quality of work, cost reduction, greater customer satisfaction and shorter construc-
tion times. The five principles of value identification, value stream mapping,
achieving customer attraction, increasing value stream, and continuous improve-
ment are purposes to reduce waste and increase the value chain of a method.
constructive based on the Lean philosophy. In the United Kingdom, the United
States, Australia, Brazil, Finland, Singapore, Peru, Chile and Denmark, it is con-
firmed that Lean Construction serves to improve the performance of its projects.
Taking as a response that companies obtained great productivity from implement-
ing them, as mentioned by 77% of those who employed it. (Burghart & Ghosh,
2019)
In the application of Lean Construction for homes in Latin America, it is shown
that a 25% decrease in formwork inventory is achieved, a 20% reduction in the
budget and the time spent in the construction of the homes. In this way, information
technologies are also implemented that help planning, reducing the delivery time
of the homes by 2 days, showing important benefits in the costs and times used
and delivery in the project. (Kumar, Apuganti, Eswara, Santoch & Ramesh, 2020)
In the particular case of Visual Management as part of Lean Construction, ben-
efits are reported such as an increase in the value of the project, good
communication without obstacles, flow in the exchange of information, clarity in
the organization and greater information capture among those involved by the clear
visualization and understanding of the project data. In conclusion, the workplace
is better organized with the application of visual management. (Kumar & Subhav,
2020)
The study was carried out in the construction of two residential buildings with
the following characteristics: Case A (Kivistö) with an area of 10,120 m2 located
in Vantaa and Case B located in Helsinki with an area 6,278 m2. The results re-
vealed energy savings at a cost of 8 Euros / m2. In both cases, productivity with
Lean Construction management is 20% higher than with traditional management;
use and resale values increased significantly. Through the application of Last Plan-
ner System (LPS), different computer programs are proposed that allow the
planning and control of projects such as IT (Information Technology) project man-
agement tools based on LPS, among which are: ProPlanner, Impera, Cocoplan,
109
Yovana Yanet Huaycani Mamani
Touchplan, V-planner, Work Move Plan, Work Plan and DePlan, BIM 360 Plan,
providing a better visualization of the project information. (Cortés, Herrera, & La
Rivera, 2020)
Specifically, the impact of the Last Planner System (LPS) in the civil phase of
the project helps reduce cycle time and eliminate delays. The system is used to
effectively coordinate the work front between subcontractors. Experience showed
that while it takes a couple of months to convince everyone to participate in the
process, everyone can see its value once the new methodology is adopted. A con-
struction project in the Gaza Strip shows benefits as part of the union of the Lean
and Green principles under construction. As benefits of Lean Construction, it is
observed that the reduction of work that does not add value was positioned in the
first place with a Relative Importance Index (RII) value equal to 80.34 and the
optimization of the participation and communication of those involved and the
project specialties in second place with an RII value of 82.42. In this study it is
concluded that the union of both methods has a positive impact on the environ-
ment. (El-Sawalhi, Majid, & Al Shukri, 2018)
The construction of a 35,000 m 2 hospital in the center of Santiago de Chile,
counted on the evaluation of the production and environmental impact during the
construction phase of the structural concrete elements. The study made it possible
to demonstrate a precise diagnosis of the production of each structural element.
Said diagnosis through the VSM helped to show the environmental impact and to
find improvements that had not been previously visualized; The VSM allows map-
ping construction processes and relating production and environmental waste.
(Rosenbaum, Toledo, & Gonzales, 2014)
In the Lean Construction study of the Cal dam case, the use of the VSM tool
is reported, in which the current state of construction was mapped through the pro-
cess flow diagram where it reflected number of activities, time of process and
delivery time. The Kaizen tool was also applied. The benefits found in the appli-
cation are: reduction of delivery time by 40% and reduction of process time by
25%. (Garrett & Lee, 2010)
The evaluation of the performance improvement in a case study of the rein-
forcement operations process under the application of Lean Construction using
discrete event simulation (DES) is also reported. The benefits found were an in-
crease in productivity by 41% and a decrease in cycle time by 17%. (Saad &
Chafi,2020)
In the case of study of improvement of the construction process through the
implementation of Lean Construction, Building Information Modeling (BIM) and
110
BENEFITS OF THE LEAN CONSTRUCTION PHILOSOPHY IN THE CONSTRUCTION SECTOR
Carta Balance (CB) in a housing construction project in the city of Torreón (Coa-
huila, Mexico), evidenced a reduction in programming time from 14 to 11 weeks,
which represents savings of 26.56%. (Pérez, Del Toro, & López,2019).
Several case studies were conducted to show the effect of Lean on the triple
bottom line of sustainability in modular home construction. Each case study high-
lighted a dimension of sustainability. Lean Construction resulted in a significant
environmental effect by reducing material waste by 64%, a significant social effect
by reducing or eliminating the key safety hazards of excessive force, poor posture
and shock, and a significant economic effect by reducing hours production by 31%.
(Nahmens & Ikuma, 2012).
The case studies presented showed the positive effects of Lean Construction
on all three dimensions of sustainability within the modular home manufacturing
environment. Sustainable construction was put into operation using a modified
version of Lean Construction Kaizen's tool, SLIK, and focused on improving the
environmental, social and economic performance of modular home construction
processes. A wide range of activities, including base framing, drywall laying, and
interior painting, showed improvements in the sustainability of using lean con-
struction methods.
To learn about the benefits of Lean Construction in the Saudi Arabian con-
struction industry, 282 construction professionals were interviewed and the results
showed as benefits: "customer satisfaction", which is in the first place with a value
of 3, 91, in second and third place was "increased quality and increased productiv-
ity" with values of 3.90 and 3.88 respectively. The results also show that there are
12 tools that help in the application of Lean Construction which are computer-
aided design, preventive maintenance, safety improvement programs, visual in-
spections, continuous improvement programs, daily gathering meetings, quality
management. total, use of prefabricated materials, target value design, concurrent
engineering, just-on-time approach, working environment and conditions plan in
the construction industry, computerized planning system, information manage-
ment system, 5S, Six Sigma and Kanban. (Bo, Fawzia, & Kari, 2017).
The sustainability importance of the Lean Construction philosophy in the con-
struction industry is clear. From the application of interviews to professionals who
make use of this philosophy, it is evidenced that there is an economic impact (with
a reduction in production and operation costs), social (improvement of communi-
cation between those involved) and environmental (elimination of waste). (Woo &
Woo, 2008).
In an investigation done in the construction industry in Ethiopia, 35 construc-
tion professionals were also evaluated through surveys, in which the level of
111
Yovana Yanet Huaycani Mamani
awareness and benefits when applying Lean Construction was evaluated. The re-
sults showed greater productivity in 89%, reduction of waste with 87%, greater
customer satisfaction with 85%, as well as optimization of quality with 75%.
(Ayalew & Dakhli,2016).
The investigation of the degree of alignment between Lean Construction and
safety management was carried out. The findings of the study revealed that the
application of Lean Construction can help the safety of workers on site, help elim-
inate accidents on site and have safer workplaces. It is concluded that Lean
practices have benefits in work safety. (Gambatese, Pestana, & Woo, 2017).
The Visual Management (VM) strategy enables visual communication that is
a fundamental part of Lean Construction implementation. VM has been shown to
have gained momentum in road construction and maintenance in England, with
Lean Construction's vision for government clients. This has resulted in large hires
taking VM on their agendas and launching Lean. As a result, the number of publi-
cations that debate this issue has increased, despite the fact that VM
implementation is still limited in the road sector. The process managers who were
interviewed and participated generally acknowledged the benefits of VM. This is
due to the use of visual performance dashboards, highlighting the contributions
VM makes in terms of team / site coordination. (Tezel & Aziz, 2017).
The Lean Six Sigma tool through research identified that jobs could be im-
proved, eliminated, and reduced waste when the causes were clearly identified,
helping to improve reliability, stability, and optimize profitability in construction
operations. With the interview conducted with a group of engineers and construc-
tion industries in Kashmir, the data obtained was quantified to see the importance
of critical factors for quality and why they cause waste through the DMAIC ap-
proach (define, measure, analyze, improve and control). Possible causes of specific
effects were identified and development of plans that evaluated the processes using
the FMEA (effect and failure mode analysis), which helped to match improve-
ments and control measures. The Lean Six Sigma methodology allowed to assist
in the improvement of quality in construction, reduced processes, waste and costs
in construction. (Jowwad, Gangha, & Indhu, 2017).
With a study by a highway agency and its highway supply chain, the power of
Lean was demonstrated. For the month of March 2013, the Agency's Lean distri-
bution was able to claim savings of 90 million euros, of which 52.4 million are
shared by the agency and its chain. Lean transformation through a planning pro-
gram. For road maintenance projects when they are under construction, it was
found that Lean Construction enables a high focus on planning, which promoted
labor energy discipline and focused on future activities; The study highlighted how
112
BENEFITS OF THE LEAN CONSTRUCTION PHILOSOPHY IN THE CONSTRUCTION SECTOR
crucial Lean training is to ensure greater understanding and approval, with effec-
tive leadership to secure the project. Lean Construction was seen as the greatest
opportunity to increase productivity. (Shaheen, Ruikar, & Enoch, 2017).
A benefit that Lean Construction provides is transparency, as studies show that
it is possible to identify improvements in delivery time, as well as other benefits
such as timely and accurate communication on material requirements, thus reduc-
ing delays and improving the use of operational elements. (Brady, Tzortzopoulos,
& Roe, 2018).
Lean Construction techniques are applied in the analysis of the Expected Over-
time Percentage (PET). The results are shown in Figure 1. When comparing PET
and unfinished works, a gradual decrease in both is evidenced as time passes. (Issa,
2013)
20 Time (weeks)
15 23
10
5
0
1
PET % of jobs not completed
1 4 Weeks
2 7 Weeks
3 10 Weeks
Fig. 1 PET and the percentage of jobs not completed every 3 weeks (Issa, 2013)
A study in Bangladesh resulted in increased safety, quality and production. In
addition, the implementation of Lean Construction decreased construction costs,
increased sustainability, and met customer demands. On the other hand, the de-
crease in environmental impact was also significant. In this sense, construction
professionals in Bangladesh have organized conferences on the subject of the ben-
efits and needs of Lean Construction, because this methodology allowed reducing
113
Yovana Yanet Huaycani Mamani
times, costs, greater safety, quality and production. (Ahmed, Hossain, & Haq,
2013).
The findings revealed reduced waste, effective on-site materials management,
improved life cycle cost, good project coordination, improved site safety, and in-
creased productivity as the top six benefits of implementing LC practices. By
adopting LC practices, productivity will increase, leading to the successful deliv-
ery of construction projects. Table 1 shows the reduction in waste, efficiency in
the administration of materials in situ, the improvement in life cycles, among oth-
ers. The results were obtained from the application of a survey. (Oguntona,
Algbavboa, & Mulongo, 2019).
Table 1. Benefits of implementing Lean Construction in the construction industry
Benefits Average Standard devia-
tion
Waste reduction 4,27 0,580
Effective on-site materials management 4,22 0,599
4,16 0,706
Improved life cycle cost 4,09 0,701
Higher customer satisfaction 4,07 0,837
Good project coordination 4,02 0,812
4,00 0,769
Increased security on site 3,98 0,583
Higher productivity
3,93 0,915
Better risk management
Effective communication between the client and the con- 3,91 0,821
3,87 0,726
struction team 3,80 0,842
Reduced project schedule
High quality construction
Efficient system with low cost
The opinion on the benefits of Lean Construction is important, because accord-
ing to the results obtained, relatively high scores are obtained, thus being able to
speak of users satisfied with the delivery of products or services, allowing them to
achieve their objectives. The standard deviations of benefits are shown in Table 2,
showing benefits as a low degree of job interruptions and safety. (Babalola, Ibem,
& Ezema, 2018)
114
BENEFITS OF THE LEAN CONSTRUCTION PHILOSOPHY IN THE CONSTRUCTION SECTOR
Table 2. Analytical tests for the samples Average ele-
ment score
Benefits
4,40
Benefits Average item score Improvement of project delivery methods 4,07
Satisfied customers 4,00
Delivery of products or services that allow clients to better achieve their
goals 3,99
Promotion of continuous improvement in project delivery methods through
lessons learned 3,97
Minimizing risk and maximizing opportunities 3,93
3,92
Delivery of products or services on time and within budget 3,90
3,86
Delivery of products to customers instantly without waste
3,85
Increased percentage Complete plan
3,85
Less rework
Minimization of direct costs through effective management of project deliv- 3,75
ery 3,68
Injection of reliability, responsibility, certainty and honesty in the project en- 3,49
vironment
Project time reduction
Lower degree of activity interruption (variation reduction)
Less downtime 3.56 Increased worker motivation
Important benefits were obtained in the adoption of Lean in the five fundamen-
tal aspects in the construction industry: reduction of cycles, reduction of work in
processes, increase in productivity and not least quality in production, and reduc-
tion of times of cycles, and it was obtained as relative indices of 69.1%, 68.6% and
68.4% respectively in the three most important benefits. With this, it was possible
to conclude that Lean principles support the construction industry in the long term,
providing benefits that evolve in a kind of cycle as shown in Figure 2.
115
Yovana Yanet Huaycani Mamani
REDUCTION OF IMPROVE
WORK IN PRODUCTIVITY
PROCESS
WASTE QUALITY
REDUCTION IMPROVEMENT
CYCLE TIME
REDUCTION
Fig. 2 Key benefits in adopting Lean principles. (Singh, Dixit & Sahai, 2018).
In addition, it can be mentioned that it is essential that organizations allocate
resources to continuously train and motivate, which is possible by correctly apply-
ing Lean techniques and tools, for which a minimum investment is needed and
provides financial benefits, as well as performance to the organization, which al-
lows meeting quality requirements, creating value in the product or services
provided, in addition to eliminating financial expenses. Knowing the benefits of
Lean Six Sigma and the benefits it provides, it is proposed as a complement to
Green Lean, and its benefit when applying it is to achieve environmental sustain-
ability by reducing costs and process defects.
CONCLUSIONS
From the analysis of the literature regarding publications of research results, it
is clear that Lean Construction is a methodology that provides improvements in
the construction sector, including increased production, which suggests that this
application helps projects in terms of their progress, in addition to reducing the
cycle, reducing costs, increasing safety, quality of work and greater communica-
tion between those involved in the project, just to mention the greater benefits. The
application of survey techniques, interviews and statistical analysis shows the pos-
itive results of the application of Lean. Not only does Lean generate value, but also
organization and order in the work, consequently the clients show a high degree of
satisfaction, this also contributing to the achievement of all the established objec-
tives.
116
BENEFITS OF THE LEAN CONSTRUCTION PHILOSOPHY IN THE CONSTRUCTION SECTOR
BIBLIOGRAPHIC REFERENCE
Burghart, J. & Ghosh, S. (2019). Lean Construction: Experience of US Contrac-
tors International Journal of Construction Education and Research. 15(4): p.
1-21. DOI: https://doi.org/10.1080/15578771.2019.1696902.
Kumar, C., Apuganti, C., Eswara, S., Santoch, T., Ramesh, B. (2020). Application
of Last Planner System as Lean Construction Technique. International Jour-
nal of Emerging Trends in Engineering Research. 8(9): p. 6035-6040. DOI:
https://doi.org/10.30534/ijeter/2020/184892020.
Kumar, K., & Subhav, S. (2020). A study of lean construction and visual manage-
ment tools through cluster analysis Ain Shams Engineering Journal. 11(3): p.
1-10. DOI: https://doi.org/10.1016/j.asej.2020.04.019
Cortés, M., Herrera, R. & La Rivera, B. (2020). Key requirements of an IT tool
based on last planner system. Revista Ingeniería de Construcción. 35(2): p.
126-134. DOI: https://dx.doi.org/10.4067/S0718-50732020000200126
El-Sawalhi, N., Majid, B. & Al Shukri, A. (2018), Towards lean and green think-
ing in construction projects at Gaza Strip. Organization, Technology and
Management in Construction. 10(1): p. 1827-1838. DOI:
https://doi.org/10.2478/otmcj-2018-0011
Rosenbaum, S., Toledo, M. & Gonzales, V. (2014). Improving Environmental and
Production Performance in Construction Projects Using alue-Stream Map-
ping: Case Study. Journal of Construction Engineering and Management,
140(2): p. 1-11. DOI: https://doi.org/10.1061/(ASCE)CO.1943-
7862.0000793
Garrett, D. & Lee, J. (2010). Lean Construction Submittal Process-A Case Study.
Quality Engineering, 2010. 23(1): p. 84-93. DOI:
https://doi.org/10.1080/08982112.2010.495100.
Saad, M. & Chafi, A. (2020). Lean construction and simulation for performance
improvement: a case study of reinforcement process. International Journal of
Productivity and Performance Management. DOI:
https://doi.org/10.1108/IJPPM-06-2019-0309.
Pérez, G., Del Toro, H. & López, A. (2019). Mejora en la construcción por medio
de lean construction y building information modeling: caso de estudio Revista
de Investigación en Tecnologías de la Información. 7(14): p. 110-121. DOI:
https://doi.org/10.36825/RITI.07.14.010.
117
Yovana Yanet Huaycani Mamani
Nahmens, I. & Ikuma, L. (2012). Effects of Lean Construction on Sustainability of
Modular Homebuilding. Journal of Architectura Engineering. DOI:
https://doi/abs/10.1061/(ASCE)AE.1943- 5568.0000054
Bo, J., Fawzia, S., & Kari, A. (2017). Lean Construction Implementation in the
Saudi Arabian Construction Industry. Construction Economics and Build-
ing.17(1): p. 46-49. DOI: https://dx.doi.org/10.5130/AJCEB.v17i1.5098.
Woo, J. & Woo, Y. (2008). Sustainable Value On Construction Projects and Lean
Construction. Journal of Green Building, 2008. 3(1): p. 156-167. DOI:
https://doi.org/10.3992/jgb.3.1.156.
Ayalew, T. & Dakhli, Z. (2016). The Future of Lean Construction in Ethiopian
Construction Industry. International Journal of Engineering Research &
Technology (IJERT). 5(2): p. 107-113
Gambatese, J., Pestana, C. & Woo, H. (2017). Alignment between Lean Principles
and Practices and Worker Safety Behavior. Journal of Construction Engi-
neering and Management. 143(1): p. 04016083. DOI:
https://doi:10.1061/(ASCE)CO.1943-7862.0001209.
Tezel, A. & Aziz, Z. (2017). Visual management in highways construction and
maintenance in England. Engineering, Construction and Architectural Man-
agement. 24(3): p. 486-513. DOI: https://doi.org/0.1108/ECAM-02-2016-
0052.
Jowwad, S., Gangha, G. & Indhu, B. (2017). Lean Six Sigma Methodology for the
improvement of the road construction projects. International Journal of Civil
Engineering and Technology. 8(5): p. 248- 259.
Singh, S., Dixit, S. & Sahai, S. (2018). Key Benefits of Adopting Lean Manufac-
turing Principles in Indian Construction Industry MATEC Web of
Conferences. 172(12): p. 1-6. DOI: https://doi.org/10.1051/matec-
conf/201817205002.
Babalola, O., Ibem, E. & Ezema, I. (2018). Assessment of awareness and adoption
of lean practices in the Nigerian building industry. International Journal of
Civil Engineering and Technology. 9(13): p. 1626-1640.
Oguntona, O., Algbavboa, C. & Mulongo, G. (2019). An assessment of lean con-
struction practices in the construction industry. Advances in Intelligent
Systems and Computing. 788: p. 524-534. DOI: https://doi.org/10.1007/978-
3-319-94199-8_51.
118
BENEFITS OF THE LEAN CONSTRUCTION PHILOSOPHY IN THE CONSTRUCTION SECTOR
Ahmed, S., Hossain, M. & Haq, I. (2013). Implementation of lean construction in
the construction industry in Bangladesh: awareness, benefits and challenges.
International Journal of Building Pathology and Adaptation. 38(30): p. 1-39.
DOI: https://doi.org/10.1108/IJBPA-04-2019-0037.
Issa, U.H., (2013). Implementation of lean construction techniques for minimizing
the risks effect on project construction time Alexandria Engineering Journal.
54(4): p. 697-704. DOI: https://doi.org/10.1016/j.aej.2013.07.003.
Brady, D., Tzortzopoulos, P. & Roe, J. (2018). Improving transparency in con-
struction management: a visual planning and control model. Engineering,
Construction and Architectural Management. 25(10): p. 1277-1297. DOI:
https://doi.org/10.1108/ECAM-07-2017-0122.
Shaheen, R., Ruikar, K. & Enoch, M. (2017). Process mapping for road works
planning and coordination. Built Environment Project and Asset Manage-
ment, 2017. 7(2): p. 157-172. DOI: https://doi.org/10.1108/BEPAM-08-2016-
0041
119
PROGRESS IN THE RECOVERY OF HISTORICAL MEMORY
IN PERÚ, AFTER THE INTERNAL ARMED CONFLICT
Quispe Huanca, Luz Milania
ABSTRACT
This paper research aims to make a conceptual approach to historical memory and
its progress in Perú, after the period of violence experienced, in order to understand
the importance of its recovery and impact on society. This objective is to be
achieved through a literary exploration of the general notions of Transitional
Justice and the development of its fundamental components, where we locate
historical memory, and then analyze it within the Peruvian experience. This
exploration will come to conceptualize historical memory as a component of the
truth, which allows us to know, explain and value events that made up history
itself, repair the victims and guarantee peace through a narrative that avoids
forgetting what happened.
Keywords: Transitional Justice, Historical Memory, Reparation, Victims.
INTRODUCTION
Perú experienced a serious internal armed conflict that lasted from 1980 to
2000, during that period of violence, the most affected was the civilian population,
who found themselves in the middle of the confrontation between the actors, the
army and the guerrillas. This period of violence meant the alteration of the
democratic and constitutional order, and at the same time, it implied the
commission of crimes and serious violations of fundamental rights.
After 20 years of violence, with the transition to democracy, Valentin Paniagua
was elected interim president, who created the Truth Commission through
Supreme Decree No. 065-2001, in order to clarify the process, the facts and
responsibilities for the terrorist violence and the violation of Human Rights
produced during the period of violence.
The Truth and Reconciliation Commission (TRC) completed its work,
publishing its Final Report on August 3, 2003, consisting of 9 volumes and six
121
Quispe Huanca, Luz Milania
annexes, in which an extensive study was made of the background, causes,
chronology, victims and perpetrators of the events that occurred during the period
of the internal armed conflict, all built using more than 9000 testimonies as primary
sources. In this way, the TRC reworked the history of the conflict from the victim's
perspective.
Likewise, the TRC recommended that the dissemination of its final report be
promoted so that all Peruvians can get closer to the knowledge of our recent past,
and that in this way the historical and ethical memory of the nation be preserved;
as well as the lessons that prevent the repetition of the painful moments that were
lived.
In this sense, historical memory acquires a transcendental role in society and
fundamentally for the victims; Therefore, in this article the historical memory will
be developed from the analysis of transitional justice and its components, and what
actions were carried out in Perú, in order to promote its recovery.
DEVELOPING
TRANSITIONAL JUSTICE
Transitional justice emerged with the purpose of weighing the tensions
between the demands for justice and peace, and the confrontation with massive
human rights violations by societies that participate in exceptional periods of
transition from a time of war to one of peace and consolidation of democracy.
For Valencia, transitional justice comprises “the whole set of theories and
practices derived from the political processes through which societies try to settle
accounts with a past of atrocity and impunity, and to do justice to the victims of
dictatorships, civil wars and other crisis of broad spectrum or long duration, with
the purpose of advancing or returning to democratic normality” (Valencia Villa,
2007).
Conceptualized in this way, transitional justice is a response to systematic or
widespread human rights violations. It aims to recognize victims and promote
peace, reconciliation and democracy initiatives. Transitional justice is not a type
of justice, but a justice adapted to societies that are transformed after a period of
widespread human rights violations, following the occurrence of three events: The
end of an internal armed conflict, the end of an international armed conflict or the
end of dictatorial or similar regimes (Jokic & Fairweather, 2000), driven by a clear
dynamic of telling what happened, knowing the truth of what happened and
punishing the guilty; being so, this type of process implies for the victims the
opportunity to tell their memories, and that these can be systematized and
collectively constructed.
122
PROGRESS IN THE RECOVERY OF HISTORICAL MEMORY IN PERU, AFTER THE INTERNAL ARMED CONFLICT
Thus, transitional justice from its purpose encompasses all the variety of
processes and mechanisms associated with the attempts of a society to solve the
problems derived from a past of massive abuse, so that those responsible are held
accountable for their actions. That the victims achieve justice and social
reconciliation be achieved (Freeman, 2004). These measures or judicial tools that
together are adopted within a State by the violation of human rights, promote the
reparation of massive human rights violations, and are applied according to the
complexity of the case.
Regarding its components, the Inter-American Commission on Human Rights
and the Inter-American Court of Human Rights consider that in the face of human
rights violations, the victim always has the right to integral reparation, understood
as a series of measures adopted with the objective of returning the victim to the
situation in which she was before the violation when this is possible or reducing
the effects of the violation. Consequently, reparation cannot only be pecuniary, but
must contain other types of measures for the satisfaction of the victims and
guarantees of non-repetition (Acosta López & Bravo Rubio), this is called integral
reparation, this guarantee is the result of the progressive development of
International Human Rights Law, created for the process of recognition and
responsibility for the damages caused to all victims of systematic violations of
human rights.
In this sense, comprehensive reparation, as a component of transitional justice,
reveals that victims have rights and for the violation they must be compensated;
for this reason, these reparations include different means such as individual or
collective compensation and material or symbolic measures. Regarding the latter,
symbolic reparation is understood to be any act in general that tends to ensure the
preservation of historical memory, the non-repetition of the victimizing events, the
public acceptance of the events, public forgiveness and the restoration of dignity,
of the victims and the community in general (Galvis Tapias, 2013).
Guillis, refers that this type of reparation leads to compensation for the damage
in search of the preservation of historical memory, as a right of society in general
"reparation is symbolic because it seeks compensation that is always a
displacement from the real damage towards an act of justice, it tries to represent it
in qualitative or quantitative magnitude, but never to repair the real damage caused
to the victim. The victim may not under any circumstances "return to the situation
prior to the violation," even when the reparation is fair or contributes to the State
recognizing its responsibility, and assuming "the duty of memory"" (Guilis, pág.
8).
Another component of transitional justice is the creation of truth commissions
and the victims' right to the truth, with the purpose of initiatives to promote the
123
Quispe Huanca, Luz Milania
search for the truth and preservation of historical memory, which are of useful for
documenting and contributing to public understanding of the causes that motivated
violations of fundamental rights; in this sense, starting from the need of a people
to create historical memory, organizations have been formed that work and
contribute in the collection, investigation and preservation of it, these
organizations are called: Truth Commissions.
The work carried out by these commissions has made it possible to build a path
where the communities manage to clarify events that have occurred in the area of
violations of human rights and International Humanitarian Law, at the same time
in which the country's historical memory is made.
In this context, based on the description of these components and others that
make it up, transitional justice is understood as the effort to build sustainable peace
after a period of conflict, massive violence or systematic violation of human rights,
which implies between other obligations, to tell the truth, especially from those
who were victims of violence, thus being historical memory, which is a component
of the truth, promoted through truth commissions, reveals the commitment of the
society to overcome the period of violence, as well as the prohibition of repetition
of these acts.
HISTORICAL MEMORY
Memory, in its individual dimension, is the ability to remember what we have
done or what others have done. Each individual is defined in his memory, each
individual is a compilation of facts and memories interspersed with what he wants
to be and what he wanted to be. This implies recognizing that memory is not an
objective or descriptive x-ray of events that happened to human beings, but is
actually the compilation of feelings, knowledge about the perception of what has
been done, and others have done.
Ruiz Vargas refers to the fact that telling our past and telling ourselves about
it fulfills three basic functions: 1) Understanding ourselves. Which involves the
construction of an individual self (the core of personal identity) and the
maintenance of its integrity and continuity throughout his life. Hence, we speak of
a function relative to the self. 2) Generate or provoke empathy, in us and in those
who listen to our story; and 3) Plan our present and future behavior; which points
to a directive function (Torres Avila, 2013).
On the other hand, from the field of social sciences, historical memory is the
accumulation of experiences of a people, it is the effort made by a social group in
order not to lose the trace of its past, to find, know, explain and value events that
made up their own history, maintain the imaginary that a social group has built and
transmitted on those events to the following generations, all based on their
124
PROGRESS IN THE RECOVERY OF HISTORICAL MEMORY IN PERU, AFTER THE INTERNAL ARMED CONFLICT
narratives or individual experiences. (COPRODEH, 2011). The effort made by this
social group has been shown as an attempt to recover memory, as if the records in
memory about these events were somehow absent, forgotten or in the past (Galvis
Tapias, 2013).
In this sense, recovering historical memory constitutes an ethical-political
exercise, and is at the same time a complex pedagogical experience for the
community that has faced violent conflicts and structural conditions of social
injustice. Through this practice, political agents examine themselves and their
institutions in the hermeneutical “mirror” of their past decisions and actions, so
that they can reasonably weigh their character and possible meanings in the
historical context of violence, social fracture, and reconstruction of the public
(Gamio Genri, 2009).
Likewise, the recovery of historical memory passes through the right to
establish the historical truth, this refers first of all to the need to know it and for
this the crimes committed and their perpetrators must be identified. Regarding the
truth, the victims are the most important, their story is central, although in the
understanding that a single version of what happened does not establish by itself
the factual veracity or the historical truth.
Thus, recovering the historical memory is the first step to advance in the repair,
because it is not possible to repair adequately or in the proportion deserved what
has not been recognized as damaged and, since the greater responsibility
corresponds to the State for the policies that applied, it is up to him to make the
past known, repair, compensate and guarantee that something like this does not
happen again; In this sense, it should be understood that the memory recovery
process is a public task.
Hence, its import lies in the fact that historical memory allows losses to be
accompanied by a restorative effect, which is not only capable of explaining what
happened but, more deeply, of incorporating it as part of identity (IIDH, 2007);
likewise, the recognition of the past is important since only in this way can it be
assumed as a set of lessons learned and in this way it can be achieved that what
negatively affected society is not repeated.
In this understanding, the truth commissions give a first impulse to the path of
uncovering the social damage suffered in periods of violence, they question the
official accounts, their investigations offer the citizens a rigorous document that
serves as input for the work of Interpretation and deliberation within the open
spaces of civil society and the State, as mentioned in the previous paragraphs, in
order to know the causes and consequences of the armed conflict, punish the guilty
125
Quispe Huanca, Luz Milania
and lay the foundations for social and political reconciliation, and turn create
historical memory.
THE RECOVERY OF HISTORICAL MEMORY IN PERÚ
TRUTH AND RECONCILIATION COMMISSION
Perú experienced a serious internal armed conflict that lasted from 1980 to
2000, after those 20 years of violence, added to a context of corruption and
authoritarianism, the interim president elected by the Congress of the Republic,
Valentin Paniagua, created the Truth Commission, through Supreme Decree N°
065-2001-PCM of June 2, 2001, a name that was later modified to the Truth and
Reconciliation Commission (TRC), by the then president Alejandro Toledo; whose
objective was:
Article 1.- (…) clarify the process, the facts and responsibilities of the terrorist
violence and the violation of human rights in November from May 1980 to 2000,
attributable to both terrorist organizations and State agents, as well how to propose
initiatives destined to affirm peace and concord among Peruvians (…).
The TRC began its work with visits to places affected by violence, the
convocation of hearings as a first tool, it was both an act of collecting evidence
and primary information about what happened, and a public space for the
formation of memory that, for harder than it was, it implied the recognition that
what was said by a victim had the importance that, in addition to being verified, it
should be heard by the whole of society.
In this way, the TRC allowed the voices of the victims to enter the public space.
It was a democratic space in which the whole of society was involved, through
which the previously silenced narratives were allowed to be heard by the whole of
society. It is true that these public hearings were not enough to open a dialogue,
since their stories were only heard, without having received a response to their
proposals. But they did succeed in modifying the common sense of the internal
armed conflict. They managed to modify the hegemonic history of the conflict in
force up to that moment. It was undoubtedly one of the most important
contributions left by the TRC, because it marked a milestone in the demand for
truth from the victims.
The TRC concluded its work, presented its Final Report in August 2003, based
on an exhaustive study of the internal armed conflict, as previously stated, this
study offers an alternative version to the version released during the 1990s, that
granted the government of Alberto Fujimori and the Armed Forces absolute
responsibility for the defeat of the PCP-Sendero Luminoso.
126
PROGRESS IN THE RECOVERY OF HISTORICAL MEMORY IN PERU, AFTER THE INTERNAL ARMED CONFLICT
The narrative used in the preparation of the final report emphasizes different
aspects such as: the number of fatalities, the main responsibility, but not the only
one, of the PCP-Sendero Luminoso, the human rights violations committed by both
subversive organizations and by the State security forces, the responsibility of civil
governments, and the dimension that exclusion, discrimination and racism gave to
the conflict. All these aspects support the need to repair the victims, punish those
responsible for human rights violations, reform the institutions and intervene in the
structural factors of violence; and defines what this body understood by
reconciliation. Defining it in this way, it can be said that the TRC develops a
reading of the past that emphasizes those aspects that must be resolved in order to
achieve a future with justice, as well as keeping alive the memory of what should
not be done (Barrantes & Peña, 2006).
This being the case, it should be specified that the intention to reconstruct the
truth is linked in the work of the TRC with the idea of memory. We understand
that memory constitutes the way in which a society subjectively lives its past and
gives it some meaning. The predominant memory of violence at the beginning of
this decade was a distorted and exclusive memory that celebrated authoritarian
methods and violations of human rights, gave all the credit for pacification to the
military and imposed a vertical idea of peace, in which the victims they were
excluded.
The TRC proposes a different memory, a memory where it is demonstrated
that authoritarianism (state and non-state) is the backdrop and the propitiatory
cause of violence, where the victims are put first and where it is indicated that they
are not it can, build peace without offering justice. This justice must be understood
as: reparations to the victims; criminal prosecution of those allegedly responsible;
and broad public recognition of the events and features of national life that made
them possible.
This last element, the publicity of the truthful memory of the past, has a
fundamental importance in the approach on truth and memory presented by the
TRC. The function of this was to correct the historical record, but not only in books
but also in public space. This last element, the publicity of the truthful memory of
the past, has a fundamental importance in the approach on truth and memory
presented by the TRC. The function of this was to correct the historical record, but
not only in books but also in public space. Reconstructing the truth and making it
a moral truth means, from this point of view, making that truth widely accepted
and integrated into the general visions of the country's history, and that it permeates
the common sense of all social layers. A recognition of the evils caused by
exclusion, intolerance, racism, indifference, inequality, the acceptance of violence
as a resource, should be the basis of a future democracy in Perú. Thus, it is
necessary that the reconstructed history be integrated into public discourse through
127
Quispe Huanca, Luz Milania
the public communication media, through the words of those who have a voice and
above all through the educational system (IDEHPUCP; MISEREOR, 2012).
SYMBOLIC REPAIRS
The TRC proposed a Comprehensive Reparations Plan, which was created
with Law No. 28592 of June 29, 2005, introducing another dimension to its
conceptual proposal on reparations: comprehensiveness. The TRC considered it
important for the reparations plan to have a multidimensionality that corresponds
to the complexity of the violence it seeks to address, which meant designing the
plan to respond to the collective aspects of the violence on the one hand and,
simultaneously, to its individual aspects and dimensions, both moral and material.
Thus, the Comprehensive Reparations Plan is characterized by adequately
combining measures of symbolic reparation with measures of material reparation;
and by including measures of an individual nature accompanied by measures of a
collective nature. This dimension seeks to ensure that the different components of
the plan are coherent with each other and support each other internally (ICTJ;
APRODEH, 2002).
Likewise, the TRC specified that reparations should not be viewed in any case
in isolation, but rather in relation to other mechanisms aimed at achieving justice
in its broadest sense, basic elements of a transitional justice process, such as the
search for the truth, the reconstruction of historical memory, the punishment of the
guilty and institutional reforms. The TRC considered that each of these aspects, in
the absence of the others, loses an important part of its value and could even be
considered an empty gesture. On the other hand, if they are integrated in a coherent
way, they are more likely to contribute effectively to the process of national
reconciliation and to the construction and consolidation of the democratic political
community to which citizens aspire.
On this conceptual basis, and because the TRC considered that “when
recommending a comprehensive reparations plan, the different nature and
consequences of each type of violation or the event that gives rise to reparations
must be taken into account, the current context in the victims and the feasible scope
of each measure” (APRODEH: ICTJ, 2006), is that it included in its final proposal
six reparation programs, including the Symbolic Reparations Program.
The fundamental objective of the Symbolic Reparations Program according to
the TRC is to contribute to restoring the social bond broken by the violence
between the State and the people, and between the people themselves through
public recognition of the damage caused by the actions of subversive groups. As
well as, by the action or omission of the State in the search to favor national
reconciliation and the strengthening of a feeling of solidarity of the whole of
128
PROGRESS IN THE RECOVERY OF HISTORICAL MEMORY IN PERU, AFTER THE INTERNAL ARMED CONFLICT
Peruvian society towards the victims. In this way, it seeks to materialize the will
of the State not to repeat acts of violence and human rights violations such as those
that occurred. In the words of the TRC: "It is appropriate that the collective
processes of remembrance be established to facilitate an associative chain that is
an insurance against forgetting" (Comisión de la Verdad y Reconciliación, 2003).
Thus, in symbolic reparation, understood as the process of recovering the rights
and dignity that were taken from citizens, in particular the inhabitants of the terri-
tories directly affected, the State must create a narrative that prevents the forgetting
of what is happened. This message should propose a set of explanations that makes
what happened intelligible. In this sense, it is appropriate that the collective pro-
cesses of remembrance be established, to facilitate an associative chain that is an
insurance against forgetting. The TRC maintains that symbolic processes will al-
low the extraction of historical teachings from the crisis of violence on the causes
that led to this destructive outbreak, one of those symbolic acts being the follow-
ing: Public gestures, acts of recognition, reminders or places of memory, acts
leading to reconciliation, etc. (Torres Ávila, 2017).
CONCLUSIONS
Transitional justice are judicial, ethical and political measures or tools that are
jointly adopted within a State for the violation of human rights, after the end of an
internal armed conflict, or the end of dictatorial or similar regimes, to promote for
the reparation of the victims and are applied according to the complexity of the
case, with the purpose of advancing or returning to peace and the consolidation of
democracy.
Comprehensive reparation as a component of transitional justice, includes
among other forms of reparation to symbolic reparation, which is understood as
any act that tends to ensure the preservation of historical memory, the non-
repetition of the facts, public acceptance and the restoration of the dignity of the
victims and of the community in general; Likewise, the creation of Truth
Commissions and the victims' Right to the truth is another component of
transitional justice, which includes the creation of organizations, such as Truth
Commissions, in order to promote the search for justice. truth and preservation of
historical memory.
Historical memory is a form of symbolic reparation in favor of the victims and
society in general, which allows building or recovering the historical truth of the
events suffered during periods of violence, based on the work carried out by the
truth commissions. and other mechanisms; with the purpose of creating a narrative
that explains what happened, recognizes the past, is incorporated into the identity
129
Quispe Huanca, Luz Milania
and with its lessons prevent the forgetting of what happened and that the events
that occurred are repeated.
In Perú, after the internal armed conflict has concluded, the State has assumed,
as basic mechanisms of Transitional Justice, a series of measures in order to
recover the historical memory and the reparation of the victims of human rights
violations, among them was the creation of the Truth and Reconciliation
Commission and subsequently the approval of the Comprehensive Reparations
Plan, which includes the symbolic reparations plan. These responses promote the
preservation of historical memory by making this truth widely accepted and
integrated into the general visions of the country's history and permeating the
common sense of all social layers, thus preventing the events experienced from
becoming repeat.
BIBLIOGRAPHIC REFERENCES
Acosta López, J. I., & Bravo Rubio, D. (s.f.). Recuperado el 28 de setiembre de
2021, de
http://www.javeriana,edu.co/juridicas/pub_rev/documents/9acostaybravo_00
1.pdf
Asociación Pro Derechos Humanos - APRODEH; International Center For
Transitional Justice - ICTJ. (2006). Reparaciones en la Transición Peruana,
Memorias de un proceso inacabado. Lima: Biblioteca Nacional del Perú.
Barrantes, R., & Peña, J. (octubre de 2006). Narrativas sobre el Conflicto Armado
Interno en el Perú: La memoria en el proceso político despues de la CVR.
Transformaciones democráticas y memorias de la violencia en el Perú(2).
Primera edición. Perú: Biblioteca Nacional del Perú.
Comisión de la Verdad y Reconciliación. (2003). Informe Final. Lima: CVR.
COPRODEH, C. P. (2011). Derechos Humanos, memoría histórica, reparación y
resarcimiento. Guatemala.
Freeman, M. (Abril de 2004). Reconciliation in times of transition: The role of
parliaments and inter parliamentary bodies. México.
Galvis Tapias, C. C. (2013). Derecho colectivo a la Memoria Hitórica: Base
fundamental del proceso de reparación integral de las victima en colombia.
Colombia, Bucaramanga: Universidad Industrial de Santander.
Gamio Genri, G. (Octubre de 2009). Memoria y Derechos Humanos, los retos de
la justicia transicional en el Perú. Tiempo de memoria reflexiones sobre
130
PROGRESS IN THE RECOVERY OF HISTORICAL MEMORY IN PERU, AFTER THE INTERNAL ARMED CONFLICT
derechos humanos y justicia trasicional. Perú: Depósito Legal en la Biblioteca
Nacional del Perú.
Guilis, G. (s.f.). La reparación: acto jurídico y simbólico. Departamento de
Entidades de la Sociedad Civil del Instituto Interamericano de Derechos
Humanos. Recuperado el 30 de setiembre de 2021, de https://biblioteca.iidh-
jurisprudencia.ac.cr/index.php/documentos-en-espanol/verdad-justicia-y-
reparacion/1222-la-reparacion-acto-juridico-y-simbolico/file
IIDH, I. I. (2007). Atención integral a víctimas de tortura en procesos de litigio,
aportes psicosociales. San José, Costa Rica.
Instituto de Democracia y Derechos Humanos de la Pontificie Universidad
Católica del Perú; MISEREOR. (2012). Criterios básicos para un espacio de
conmemoración de la violencia en el Perú, la centralidad de los derechos de
las víctimas. Lima: Gráfica Columbus SRL.
International Center For Transitional (ICTJ); Asociación Pro Derechos Humanos
(APRODEH). (2002). Parámetros para el diseño de un programa de
reparaciones en el Perú, informe conjunto. Lima.
Jokic, A., & Fairweather, A. (2000). Secession, Transitional Justice, and
Reconciliation. 12(1), 5-6. Social Justice.
Torres Avila, J. (2013). La memoria historica y las victimas. 10, 144-166.
(Jurídicas, Ed.) Colombia: Manizales: Universidad de Caldas.
Torres Ávila, J. (2017). La memoria histórica y su protección: Una mirada
comparada. JUS(18), 43-73.
Valencia Villa, H. (26 de octubre de 2007). Introducción a la Justicia
Transicional. Guadalajara, Mexico.
131
TOWARDS THE CONSTRUCTION OF PHILOSOPHICAL AND
LEGAL BASES TO FOUND AND REFUND THE ANDEAN
CONSTITUTIONALISM AS A NEW SCHOOL OF LAW
Camacho Espinoza, Orlando Frank
ABSTRACT
The study developed three conflicting aspects; the first related to the search for the
philosophical foundations (epistemology and Andean knowledge) that support the
foundation and re-foundation of Andean constitutionalism, the second discussion
scenario has to do with the identification and analysis of the legal foundations that
sustain the foundation of Andean constitutionalism in Latin America. Finally, the
research raised the contributions of Andean constitutionalism for the life of socie-
ties and the law, and from this it suggested the constitutional reforms that will be
necessary to refound Andean constitutionalism. Establish the philosophical-legal
foundations to postulate the foundation and re-foundation of Andean constitution-
alism in Latin America. It has a qualitative approach: descriptive and critical
analysis. Andean constitutionalism, part of the recognition of the bio-centric con-
ception (life of nature), considering the Pachamama (mother earth) and other
entities of nature as non-human living beings, and subject of rights, next to the
human being, not as a mere complement but as a member who has the same rights
and conditions to develop. At the level of internal legislation, the postulates of
Andean constitutionalism are not fully included, that is, the rights of non-human
entities; such as animals, Pachamama, and water, however, through the open clause
of fundamental rights there is the possibility of considering these entities as sub-
jects of rights. The incorporation of non-human beings of nature, (animals,
Pachamama, and water) as subjects of rights is a need that arises from the changes
that current society experiences, and to live in harmony with nature, respecting
their rights and their natural development.
Keywords: Constitutionalism, Andean Philosophy, Epistemic Foundation, Law
School, and Legal Bases.
133
Orlando Frank Camacho Espinoza
INTRODUCTION
The research addresses the philosophical-legal foundations to postulate the
foundation and re-foundation of Andean constitutionalism in Latin America, the
study raises a topic of constitutional law little debated.
Now, Andean constitutionalism is a new category that deserves to be explored,
analyzed, investigated and debated, precisely to postulate the foundation and re-
foundation of this postulate in Latin American constitutionalism, considering that
this thought vindicates the philosophy and the way of life of our roots.
We say foundation why this legal category is not known throughout the world
(it is the establishment of a new horizon "NEW SCHOOL OF LAW" for Europe
and other latitudes of the world), but that this voice is typical of Latin America;
covering Bolivia, Ecuador, Venezuela and Peru. And we say refounding why this
voice of Andean constitutionalism is lived by the Andeans, it is part of our philos-
ophy, of our way of life; Respect for Pachamama, water and natural resources,
Andean knowledge, ancestry is ours, which is why we speak of a re-foundation (a
return to our roots) but not a foundation for us.
The constitutions of Bolivia, Peru, Ecuador, Colombia and Venezuela have
recovered legal traditions of their ancestral peoples, this movement has been called
Andean Constitutionalism.
Also The vindication of this new right is conceived as a critique of the liberal
model of conceiving human rights based only on the history of the West. We need
to theorize about these new rights their application not only constitutional, legal
but also as a possibility to demand it as a requirement to materialize the multieth-
nic, multicultural, multinational and multicultural concepts of Latin American
States. (Fajardo, 2017)
The specific objectives raised by the research are the following: 1.- Establish
the philosophical foundations that support the foundation of Andean constitution-
alism. 2.- Establish the legal basis to consider Andean constitutionalism as a new
contemporary school of law. 3.- Analyze the contributions of Andean constitution-
alism for our societies and the law, and project possible constitutional reforms.
These three targets have been beacons or rudders that led the investigation.
MATERIALS AND METHOD
The research methodologically followed the following procedures: infor-
mation was collected from various sources, the same that served to build the
theoretical framework of the work (theoretical basis). The techniques used are:
content analysis, bibliographic analysis, abstract and others.
134
TOWARDS THE CONSTRUCTION OF PHILOSOPHICAL AND LEGAL BASES TO FOUND AND REFUND THE
ANDEAN CON-STITUTIONALISM AS A NEW SCHOOL OF LAW
The study followed the argumentative method, since, from the analysis of the ex-
isting models, the foundations of a new paradigm, called Andean
constitutionalism, will be raised.
RESULTS AND DISCUSSION
ANDEAN CONSTITUTIONALISM AS A NEW LEGAL CATEGORY
The emergence of Andean constitutionalism is due to the struggle of the peo-
ples, although its postulates are under construction, it was possible to lay the
foundations, with the recognition of water as a fundamental right, thanks to the
struggle of the peoples, only through the fight claims rights.
(...) an Andean or transformative Constitutionalism that tries to build a differ-
ent State and law based on the defense of concepts such as Sumak Kawsay (good
living) and legal pluralism aimed at the construction of a new model of life and
development (Vintimilla, 2013).
Another of the main postulates of Andean constitutionalism is to conceive of
the pachamama as a center for the imputation of rights, that is, to give a biocentric
turn from the anthropocentric conception to the biocentric conception on a plane
of inequality but on a horizontal plane. where the rights of the land are next to the
rights of the human person.
According to Professor Fajardo (2017), “(…) with the emergence of indige-
nous social movements, processes of reflection have begun on the sources of
indigenous law or ancestral indigenous law and the western constitutional concept
has been gradually changed by introducing principles based on legal pluralism and
the historical recovery of autochthonous cultures. One of the pillars of the new
constitutional movement, called Andean Constitutionalism, is the inclusion and
protection of indigenous legal cultures, and one of its advances has emerged with
the inclusion of ancestral principles of Inca culture such as the right to "good liv-
ing" and the origins, foundations and sources of this legal system”.
Characteristics of Andean constitutionalism
The characteristics of Andean constitutionalism can be seen in the following lines
Hybrid constitutionalism
From the lands of "Our America" in the last twenty-five years a new type of
constitutionalism woven with colonial and anti-colonial threads has resurfaced
with unusual force. A constitutionalism that claims the best achievements of the
rights and freedoms of liberal constitutionalism and makes them dialogue with the
strong millenary and community traditions of our original and ancestral cultures.
135
Orlando Frank Camacho Espinoza
This "dialoguing constitutionalism" has questioned the bases of cultural, political,
economic, ethnic and judicial hegemony and proposes new forms of pluralism,
democracy and justice.
It implies the unity of several elements to build a new conception.
Mestizo constitutionalism
Some authors call this new type of constitutionalism, a "mestizo constitution-
alism" because, according to the authors, forms of social, cultural and legal
pluralism are recognized within the framework of the constitutions, creating a new
form of miscegenation: (...) the introduction values and principles originating in
indigenous cultures that enrich those that have been
Already traditional in Western culture, incorporated long ago in Latin Ameri-
can constitutions. Due to this mixture of elements, it has been possible to speak of
a ‘mestizo constitutionalism’ that corresponds to what has been the history of the
Latin American peoples: a mixture of races and cultures, defined in recent consti-
tutions as multiculturalism. (Echeverri Uruburu, 2015).
Neo Latin American constitutionalism
Interpretations have also been made of Andean Constitutionalism as a Latin
American form of neo-constitutionalism, understood as the fulfillment of a utopia
but which can also become a dystopia if its original meaning is distorted and it
becomes only a populist political model (Ávila, 2016).
We can interpret Andean Constitutionalism as the materialization of the his-
toric struggles for dignity and justice on the continent. The struggles against
colonial power and for the rights of indigenous peoples. These narratives of dig-
nity, struggle and social mobilization have been incorporated into the
constitutional texts not as an act of greatness of the State or as the result exclusively
of a new constitutional paradigm. No, on the contrary. The anti-colonial historical
demands of the ancestral peoples of Our America have taken the constituent as-
semblies by storm and have placed their voice in the constitutional texts.
DEBATE ABOUT THE PHILOSOPHICAL AND LEGAL FOUNDA-
TIONS OF ANDEAN CONSTITUTIONALISM
Andean philosophy
One of the first foundations, constitutes, without a doubt, Andean philosophy;
This philosophy in the words of Estermann (2004), is a colored tapestry, woven by
archaeological remains and ornaments, customs and rites, but above all by the
136
TOWARDS THE CONSTRUCTION OF PHILOSOPHICAL AND LEGAL BASES TO FOUND AND REFUND THE
ANDEAN CON-STITUTIONALISM AS A NEW SCHOOL OF LAW
"world of ideas" still alive in the minds and hearts of people. the Andean popula-
tion itself.
The same author points out that speaking of "Andean philosophy" then means
saying goodbye to a very limited academic concept of philosophy and rationality
in general. The "Andean" concept refers in the first place to a (cultural) space, in a
second place it is characterized by a linguistic criterion.
The subject of this philosophy is the peasant who dialogues daily with the
starry sky above, with mother earth below, and with the memory of times past
within, and who in this way finds his specific place within the totality of these
elemental forces. (Estermann, 2004, p. 8).
According to Professor David Sobrevilla (2008), he points out:
For the author, intercultural philosophy does not understand itself as one more
current among others; rather it is seen as a certain way of doing philosophy. Its
main theme is interculturality considered as a sui generis relationship between dif-
ferent cultures.
Principles of Andean philosophy
These principles are what found the Andean philosophy, and consolidate this
category in the Andean world.
The principle of correspondence
Corollary of the principle of relationality, it means for ecosophy (Thought in-
spired by ecology) that the macrocosm is reflected in the microcosm and vice
versa, that is, the cosmic order of pachasophy (thought inspired by the earth)
(hanaq/alax pacha) ( heaven-beyond) finds its reflection ("correspondence") in the
ecosophic order of the human being's experiential stratum (kay/aka pacha) (earth).
Ecosophy is the care and conservation of the cosmic and spiritual balance at the
level of resource management, the use of the means of production (land, minerals,
air, water, labor) and consumption habits. The “cosmic justice”, that is, the cosmic
balance of the pacha, must be reflected at an anthropological, social and economic
level, as self-regulating production and consumption cycles, where the input is
equivalent to the output, that is: where the sum of the Produced and reproduced
energies reach zero, perfect balance. An economy of excessive exploitation of nat-
ural (non-renewable) resources does not correspond to the logic of cosmic justice
and severely damages the balance of life. One of the favorite ways to reestablish
this deteriorated balance at the cosmic level is for him and the Andean the ritual.
As there is no "mechanical" causal relationship between the macro- and the micro-
cosm, the effectiveness of the ritual does not go through this mechanistic logic
either, but through the rationality of the "symbolic efficiency". (Estermann, 2013)
137
Orlando Frank Camacho Espinoza
The principle of complementarity
That rules in the Andean world for all areas of life, both political, social and
economic, as well as religious, spiritual and cosmic, is also vital for ecosophic
relationships. In principle, this principle is always expressed in terms of “sexual-
ity” (male and female), that is: as a complementarity between the feminine (left)
and the masculine (right). Except that "sexuality", like relationality and "life", is a
transcendental, a characteristic that concerns all entities, strata and phenomena.
The full functioning of the “sexed” complementarity is essential for the production,
reproduction and preservation of life, provided that the one-sidedness or isolation
of an element are causes for the interruption of the vital flow. At the ecosophic
level, both the production and the distribution and reproduction of goods and ser-
vices, the division of labor and consumption habits must be guided by this principle
of complementarity. In the Andes, it is usually the women who herd cattle that
have a masculine connotation, and the men who plow the fields and sow because
the pachamama is clearly feminine. (Estermann, (2013)
The principle of reciprocity
As a practical and ethical application of the two pashasophic principles of cor-
respondence and complementarity, it also has implications for ecosophic
relationships. Like the other principles, there are no exceptions to this principle
that applies both to humanity and to the sacred world, Nature and the political
sphere, but also to ancestors, the deceased ("souls") and future generations. The
principle of reciprocity, in its general form, expresses balanced “justice” in the
interactions and transactions of knowledge, knowledge, goods, services, money
and duties. The Andean ethical trilogy –ama suwa, ama llulla, ama qella [“don't be
a thief, don't be a liar, don't be lazy”] - expresses this principle in a concentrated
way at the level of social ethics. The full fulfillment of reciprocity, in the sense of
the return of what one has received, includes the ritual and symbolic dimensions,
but also extends to the cosmos as a whole, to future generations, to the deceased
and to the tutelary and protective spirits (apus; achachilas). (Estermann, 2013).
There are at least four main differences between Andean ethics and Western
ethics: 1) Responsibility is not restricted to the radius of individual freedom; 2)
Ethics is not limited to the human subject, but includes the pacha as a primordial
ethical subject; 3) Ethics rules beyond death; 4) The teleological horizon of An-
dean ethics is "cosmic justice", and not individual happiness, social justice or
utility
The principle of cyclicity
It questions the western conception of the linearity of time that implies at the
same time progressivity, irreversibility and quantifiability. The cyclical principle
138
TOWARDS THE CONSTRUCTION OF PHILOSOPHICAL AND LEGAL BASES TO FOUND AND REFUND THE
ANDEAN CON-STITUTIONALISM AS A NEW SCHOOL OF LAW
holds that the pacha (space-time) manifests itself in the form of a spiral, a periodic
succession of cycles governed by astronomical, meteorological, agricultural and
vital rhythms. Regarding ecosophic relationships, the principle of cyclicality ques-
tions the ideology of development as a practically automatic advance, from a
beginning to a supposed end, as well as the quantitative definition of “progress”
(GDP, growth rate, etc.) and the ideology of Modernity as a definitive overcoming
of what is considered "premodern", "old-fashioned" and "old-fashioned". For the
Andes, utopia is retrospective, according to the Pachasophic order: The Quechua
and Aymara words for "past" refer to the eyes (ñawpa/naira pacha) (in front of
you), and for "future" to the back (qhepa pacha) (behind you). In metaphorical
expression, the human being walks backwards towards the future, fixing his eyes
on the past as a point of orientation. (Estermann, 2013).
Andean worldview
"Who does not know what the Universe is, does not know where it lives"
(Marco Aurelio)
The cosmic vision of the Andean world is a life process, which implies an
awakening of ancestral knowledge, feelings and knowledge, based on respect,
complementarity and reciprocity with all nature and the cosmos, becoming aware
that everything that happens in our material and physical environment, is a reflec-
tion of the invisible essence of our being and feeling. (Zenteno, 2009, p. 1)
In the book "Own Methodology, different education", edited by the Center for
Native Cultures Kawsay, this knowledge is defined as:
“The worldview is the human elaboration that recovers the ways of seeing,
feeling and perceiving the totality of reality, that is, human beings, the whole of
nature and the cosmos. All the cultures of the world have their particular
worldview, therefore, ours located in this part of the planet and on this continent
also have them”. (Zenteno, 2009, p. 2)
“The peoples must model their spirit with the teachings of the past, in all that
is great about them, in order to exalt the concept of their own culture. The day that
the rulers of our country are inspired by the examples of those who forge new
nationalities today, and search in the original trajectories, the forces that form the
collective soul, we will see a racial nucleus with its own characters just being
erected in our country. Then the beginning of a new era will be outlined, capable
by his spirit of elevating our destinies. " (Sanjines, 1933, p. 10)
Professor Avelar Araujo Santos Junior, referring to Andean religiosity, says:
Andean religiosity is a "religious miscegenation", where various Andean elements
are Christianized and many other Christian aspects are Andean, thus dynamizing
139
Orlando Frank Camacho Espinoza
strategies for maintaining their fundamental practices in the daily life, also in cases
where some of the indigenous religious manifestations served only as an implicit
reference for superficial adaptations and more tolerated practices that were fully
assumed and autonomous. In fact, its parties, rites and celebrations are the first of
its social utopia of harmony and reciprocity. This Andean polyphony is not intro-
spective, it is open and contributes to the humanization of non-Andeans. (Santos,
2009, p. 7)
The Andean worldview is a way of conceiving the world, of interpreting the
surrounding reality that surrounds us, with Andean eyes and thought.
Andean rationality
According to Professor David Sobrevilla (2008), analyzing the Andean Philos-
ophy book by Josef Estermann, he points out:
Andean rationality is expressed in a series of principles that constitute ‘Andean
logic’ (its sui generis rationality). These principles give rise to a series of ‘material’
manifestations in Andean cosmology (‘pachasophy’), anthropology (‘runasophy’),
ethics (‘ruwanasophy’) and theology (‘apusophy’). According to Estermann we
can speak of an Andean ‘logic’ understanding this expression as showing the basic
structure of Andean thought.
The Andean rationality is revealed –as already said before- in the principle of
the relationality of the whole with the whole. Other characteristic features of An-
dean rationality are that it is symbolic, affective, and integrative. (p. 3).
Our rationality is based on a conception of reason, which is not absolutely the-
oretical or theoretical, like the western one. Andean rational knowledge is a
concept that is the result of experience, inferred by analogy and generalization.
The closest currents in the Theory of Knowledge would be empiricism, pragma-
tism and utilitarianism. (Mejía, 2005, p. 52).
LEGAL FOUNDATIONS: Legal recognition of the postulates of Andean con-
stitutionalism
At this point it is necessary to analyze the legal and constitutional recognition
of the postulates of Andean constitutionalism, that is, the recognition of the rights
of nature, the recognition of water rights, the recognition of legal pluralism, recog-
nition of interculturality and the recognition of languages as an official instrument
of communication.
When we talk about the legal foundations of Andean constitutionalism, we talk
about legal recognitions, we have taken the first steps, this must be continued, until
140
TOWARDS THE CONSTRUCTION OF PHILOSOPHICAL AND LEGAL BASES TO FOUND AND REFUND THE
ANDEAN CON-STITUTIONALISM AS A NEW SCHOOL OF LAW
we achieve the materialization of all the rights that the peoples demand in the con-
stitution.
The rights of mother earth
The right to life or to exist of the animal or plant species, snowy, river or lake,
these non-human living entities, have the right to exist without being threatened
by the activity of human beings whose rights end when they threaten the survival
of the Mother Earth, breaking the balance and coexistence with nature. The rights
of this legal category are:
The right to be respected, conserved, protected and cared for.
The right to the regeneration of their bio capacity and to the continuation of
their life cycles, structures and processes.
The right to a healthy environment, which implies the right of Mother Earth,
rivers, biodiversity to live like human beings free from contamination, poison-
ing and intoxication.
The right to maintain their identity and integrity as differentiated, self-regulat-
ing and interrelated entities.
Right to water as a source of life, to clean air, to comprehensive health, not to
be genetically altered and modified in its structure.
The right to harmony and balance between everyone and everything, as the right
to be recognized as part of a system of which we are all interdependent. It is the
right to live in balance with human beings.
Exercise of the rights of nature
The fact that natural beings cannot directly exercise the defense of their rights
cannot deprive them of their exercise. Just as society and the State assume the
defense of the rights of children and disabled people, they must likewise exercise
the promotion, defense and fulfillment of the rights of Mother Earth, correspond-
ing to the United Nations to promote and enforce their rights. of Mother Earth
globally.
"We recognize that planet Earth and its ecosystems are our home and that
'Mother Earth' is a common expression in many countries and regions, and we note
that some countries recognize the rights of nature in the context of promoting sus-
tainable development. We are convinced that, to achieve a fair balance between
the economic, social and environmental needs of present and future generations, it
is necessary to promote harmony with nature.
141
Orlando Frank Camacho Espinoza
THE ILO CONVENTION 169.
Although this international instrument does not directly develop the rights of
nature, it does mention the rights of indigenous peoples, as well as culture and their
customs.
Thus, ILO Convention 169 recognizes the right of peoples to preserve their
own customs and institutions as long as they are not incompatible with human and
fundamental rights (art. 8.2).
LEGAL RECOGNITION IN LATIN AMERICA
Perú
Article 2.- Fundamental rights of the person
Everyone has the right: 19. To their ethnic and cultural identity. The State rec-
ognizes and protects the ethnic and cultural plurality of the Nation.
Along the same lines, our constitution recognizes and protects the Right to a
Healthy and Balanced Environment within subsection 22 of article 2.
Paragraph 22) of Article 2 of the Political Constitution of the State recognizes,
as a fundamental right, the subjective attribute of "enjoying a balanced environ-
ment suitable for the development" of the person's life. This means that it is the
fundamental right to protect the quality of our environment or environment for the
benefit of ourselves and indirectly for the benefit of other species.
Article 3.- Constitutional Rights. Numerus Apertus
This constitutional precept is the door for the rights of nature to enter so that
they are considered as fundamental rights.
Ecuador
The Constitution of Ecuador (2008) in its preamble declares the existence of
"... a new form of citizen coexistence, in diversity and harmony with Nature to
achieve Good Living, Sumak Kawsay", revealing the social recognition of Nature
from the construction of other forms of life.
Diana Murcia says:
In the preamble of the Ecuadorian Constitution, the basis of recognition of the
subject nature is found, firstly, with the breakdown of the anthropocentric para-
digm -because "we are part of it" - and secondly, with the conditioning of the
achievement of good living to the effectiveness of the covenant. (2012)
142
TOWARDS THE CONSTRUCTION OF PHILOSOPHICAL AND LEGAL BASES TO FOUND AND REFUND THE
ANDEAN CON-STITUTIONALISM AS A NEW SCHOOL OF LAW
The seventh chapter grants four Articles for "the Rights of Nature." Article 71
indicates that Nature or Pachamama, is the space where life is reproduced and car-
ried out, reasons for which it has the right to have its existence fully respected and
the maintenance and regeneration of its vital cycles, structure, functions and evo-
lutionary processes. .
In this vision of a life option, the Ecuadorian State assumes the commitment
to encourage natural and legal persons, and groups, for the protection of Nature, in
addition to promoting respect for all the elements that make up an ecosystem.
Plurinational State of Bolivia
The new Constitution of the Plurinational State of Bolivia was promulgated on
February 7, 2009 and published in the Official Gazette of this country on February
9 of that same year, the date it entered into force. The new Bolivian Constitution
rethinks the various social, political and economic dimensions based on the bal-
ance of Mother Earth, "Fulfilling the mandate of our peoples, with the strength of
our Pachamama and thanks to God, we re-found Bolivia" reading that inserts the
responsibility in the use of natural resources and respect for the Rights of Nature
from the revaluation of the knowledge, wisdom and ancestral practices of indige-
nous peoples.
The mandate of the Constitution of the Plurinational State of Bolivia develops
an effort to recognize the intrinsic values of Nature in the understanding that, alt-
hough the world could hypothetically be uninhabited by human beings, plants and
animals will continue with their evolution showing in itself the value of life (Naess
and Sessions, 1985).
This collective imagination is also expressed in the Universal Declaration of
the Rights of Mother Earth, proposed by the President of this country before the
National Assembly of the United Nations on April 22, 2009, the date on which this
body decides to approve as "Day Mother Earth International ".
According to this Declaration, they are inherent rights of Mother Earth;
Right to life and to exist;
Right to be respected;
Right to the regeneration of their biocapacity and the continuation of their cy-
cles and vital processes free from human alterations; among other rights.
Attributing to Mother Earth the characteristics of a living person, capable of
listening, reacting, being loved, and being conceived as a Subject with Rights with
143
Orlando Frank Camacho Espinoza
whom one has an indivisible, interdependent, complementary and spiritual rela-
tionship is to overcome the metaphorical character of this conception (Houtar,
2011) in an effort to recover the historical memory and the vision of humanity.
CONTRIBUTIONS OF ANDEAN CONSTITUTIONALISM IN THE LIFE
OF OUR SOCIETIES AND THE LAW
The main contribution of Andean constitutionalism are the following recogni-
tions: The recognition of the rights of nature, the recognition of the rights of water,
the recognition of legal pluralism, recognition of interculturality and the recogni-
tion of native languages as an official instrument of communication.
Recognition of ethnic and cultural diversity
Andean Constitutionalism is a reality in force in at least five countries of Our
America (Bolivia, Peru, Ecuador, Venezuela and Colombia). The recognition of
ethnic and cultural diversity also requires the recognition of ancestral values and
principles and specially to establish a two-way dialogue with these legal
knowledge of Western origin, with the aim of recognizing ourselves in diversity.
The recognition to be recognized as such, without discrimination or distinction of
color.
Recognition of the right to history
The Right to History is a new right that arose from the five-hundred-year-old
struggles of indigenous peoples, Afro-American communities, Raizales, and other
ethnic, peasant and community groups from whom not only their natural resources
have been usurped, but also their natural resources. they have denied their right to
be, to exist as diverse peoples and cultures. The Right to History is a human right
and is manifested in the materialization of various rights such as the constitutional
recognition of ethnic diversity and ancestral cultures; The right to their ancestral
languages, to be governed by their own authorities, to practice their ancient forms
of spirituality or religiosity, to the recognition of the right to land, their autonomy,
etc.
CONCLUSIONS
The postulates of Andean constitutionalism are: The recognition of the rights
of nature (Pachamama), the recognition of the rights of water, the recognition of
legal pluralism, recognition of interculturality, recognition of the rights of animals
and the recognition of native languages as official instruments of communication.
These postulates are not fixed, but can vary according to the conception of each
author or interpreter.
144
TOWARDS THE CONSTRUCTION OF PHILOSOPHICAL AND LEGAL BASES TO FOUND AND REFUND THE
ANDEAN CON-STITUTIONALISM AS A NEW SCHOOL OF LAW
Andean constitutionalism, part of the recognition of the bio-centric conception,
considering the Pachamama and other entities of nature as non-human living be-
ings, and subjects of rights next to the human being, not as a mere complement but
as a member that has the same rights and conditions to develop.
At the level of internal legislation, the postulates of Andean constitutionalism
are not fully included, that is, the rights of non-human entities; such as animals,
Pachamama, and water, however, through the open clause of fundamental rights
there is the possibility of considering these entities as subjects of rights.
The incorporation of non-human beings of nature, (animals, Pachamama, and
water) as subjects of rights IN THE CONSTITUTION is a need that arises from
the changes that current society experiences, and to live in harmony with nature,
respecting their rights and their natural development.
BIBLIOGRAPHIC REFERENCE
Chanamé, R., (2014). Constitución política del Perú Comentada, TOMO II, Edi-
tores Importadores, Primera Edición, Lima.
Estermann, (2013), Ecosofía andina: Un paradigma alternativo de convivencia
cósmica y de Vivir Bien, FAIA. VOL. II. N° IX-X. AÑO 2013, Suiza, p. 7)
Choquehuanca, D. (2011). Vivir bien y no mejor, publicado en Bolivia, disponible
en: https://www.servindi.org/actualidad/41823.
Churata, G. (2008). El pez de Oro, Editorial Canata, Bolivia.
Constitución Política de la República del Ecuador, 2008.
Constitución Política del Estado Plurinacional de Bolivia, 2009.
Constitución Política del Perú, (2005). Obra colectiva comentada escrita por 117
destacados juristas del país. Primera edición. Editorial Gaceta Jurídica.
Espezua, B. (2011) Filosofía del Derecho: Manual y Lecturas para una reflexión
crítica, Editorial Sagitario, Primera Edición, Puno – Perú.
Espezua, B., (2016) El derecho desde la mirada del otro, Ideas Solución Editorial,
Primera Edición, Perú.
Espezua, B., Casazola, J., (2019) Pluralismo Jurídico: Ponencias del primer con-
greso internación 2018, FCJP, Puno.
Mastrángelo, A. V. (2015) Derechos de humanos y no humanos: una reflexión
basada en dos estudios de caso etnográficos, artículo jurídico disponible en:
https://dialnet.unirioja.es/descarga/articulo/5655936.pdf.
145
Orlando Frank Camacho Espinoza
Mejía, M. (2011). TEQSE: La cosmovisión andina y las categorías quechuas como
fundamentos para una filosofía peruana y de américa andina, Editorial Uni-
versitaria, Primera Edición, Lima.
Paredes, H. Y. (2014) Derechos de la naturaleza en el ordenamiento constitucio-
nal vigente, Tesis de pre grado para optar el Titulo de Abogada, presentado en
la Universidad Central del Ecuador, disponible en:
http://www.dspace.uce.edu.ec/bitstream/25000/3835/1/T-UCE-0013-Ab-
171.pdf.
Simbaña, F. (2011) El Sumak Kawsay como Proyecto Político, articulo jurídico
sobre medio ambiente, Ecuador, disponible en: https://lalineade
fuego.info/2011/04/12/el-sumak-kawsay-como-proyecto-politico/.
Yang, T., (2019). Hacia una ética ambiental global igualitaria, AC ediciones,
Primera Edición, Perú.
Zaffaroni, E. R., (2011). La pachamama y el humano, ediciones madres plaza de
mayo, Argentina.
146
URBAN PLANNING AS AN ENVIRONMENTAL
MANAGEMENT TOOL IN PERU
Ingaluque Rodriguez, Karina Amanda
ABSTRACT
The existence of environmental problems in Peruvian cities is due to the lack of
urban planning. Therefore, this article aims to carry out a review to show how
urban planning can be used as an effective regulatory tool in the management of
environmental problems in Peruvian cities. The development focuses on determin-
ing the influence of urban planning on environmental management; establishing
how Peruvian cities can use urban planning in the management of their environ-
mental problems, considering that the application of urban planning must be done
with caution since it is a unique structure in the world and this can lead to errors in
its application. Likewise, the planning of the use of land and the environment is
developed as the first topic, from deepening into environmental problems; The
second topic is urban planning and environmental management, breaking it down
from the perspective of urban planning in environmental management, the actors
of urban environmental management and approaches to urban efficiency. Finally,
conclusions were drawn that include the lack of application and implementation of
structural plans that would have fixed some of the environmental problems in Pe-
ruvian cities; regarding urban environmental problems and the management of the
urban environment, showing that there is a lack of human and financial capacity
to carry out adequate urban planning and management, lack of information data
bank, lack of coordination of the various actors that work in the environmental
management and the lack of sensitizing the community about the importance of
maintaining a clean environment by complying with urban plans.
Keywords: urban planning, environmental management.
INTRODUCTION
Urban planning is a dynamic discipline that involves a process that aims to
improve the well-being of people and their communities by creating a good living
environment in a more convenient, equitable, healthy, efficient, attractive and en-
vironmental protection for generations. present and future.
147
Karina Amanda Ingaluque Rodriguez
Urban planning depends on a multidisciplinary approach that provides the op-
portunity for diverse governments, communities, private sectors and civil society
organizations to identify their own problems, analyze those problems and explore
options in pursuit of general objectives and specific development issues of the city.
land on how and where the location of activities should be carried out, this helps
them balance environment and development (Gordon, 1974). Urban planning,
therefore, works to achieve the following objectives: Environmental quality, health
and safety of diverse communities, convenience in terms of location of activities
and movement of people, ensuring efficiency and energy conservation, fostering
social choice and equity where opportunities of access to the necessities of life are
equally fostered. Urban planning ensures that the adequate location of shelters,
educational facilities and health centers, workplaces among others, is achieved for
a balanced development.
It is important to note that most of the world's livable and sustainable cities
owe their success to efficiency and prioritize urban planning through spatial plans
that promote good living environments (Baldwin, 1988).
"Urban planning" in Peru, as one of the technical, normative and management
instruments to guide and regulate said urbanization process, has evolved from its
beginnings in 1946 to the present, receiving influences from the main contempo-
rary urban planning approaches: normative urban planning (Fernández-Güell,
1997), strategic urban planning (CIDEU, 1993), environmental urban planning
(INADUR, 2001), urban governance (De Mattos, 2001), and sustainable urban de-
velopment planning (Castillo, 2012, 2020a ).
Likewise, there is the basic legal framework for urban management in Peru
between 1946 and 2021 (Political constitutions, organic laws of municipalities and
regulations for territorial conditioning, urban development, environment and dis-
aster risk management, among others. rules). Likewise, it identifies which were or
are the key institutions in the urban management of the country in that period
(ONPE, IPL, MVC, INADUR, IMP, MTC, MVCS, MINAM, among other insti-
tutions).
BACKGROUND
The United Nations Conference on Housing and Sustainable Urban Develop-
ment - Habitat III, approved the “New Urban Agenda” - ONU on October 20, 2016,
endorsed by the United Nations General Assembly on December 23, 2016. Said
Agenda reaffirms the global commitment to “sustainable urban development” as a
decisive step towards achieving “sustainable development” in an integrated and
coordinated manner at the global, national, regional and local levels. And its ap-
plication will contribute to the implementation of the "2030 Agenda for
148
The words you are searching are inside this book. To get more targeted content, please make full-text search by clicking here.
Libro Idiomas 22-11-2021 8 NORMAL PRN
Discover the best professional documents and content resources in AnyFlip Document Base.
Search