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[forwarded by Dianne Howard. Thanks...]

FROM UNIVERSAL PRESS SYNDICATE
FOR RELEASE: WEEK OF JANUARY 28, 2000

COLUMN OF THE AMERICAS
by Patrisia Gonzales and Roberto Rodriguez

THE FEAR OF 'PATRIA POTESTAD'

 
One of the greatest fears of many Cubans immediately after the 1959
revolution on their island nation was "patria potestad" -- the fear of the
state taking guardianship of the nation's children. This fear transformed
into Operation Pedro Pan, a clandestine program that sent close to 15,000
Cuban children to the United States.

The book "Operation Pedro Pan" (Routledge, NY), by Yvonne Conde,
documents this human tragedy. As to why parents would send their children
alone to another country, she writes, "The fear of communist indoctrination
and fear of 'patria potestad.'" She adds: "Patria potestad comes from patria
potestas, a concept codified in ancient Roman law referring to the power,
the 'potestas,' exercised by a father (pater familias) over his children.

The two dreaded words conjured a rumor that the government was going to take
over the legal guardianship of children from Cuban parents. It presupposed
that the state would become the children's legal guardian."

Conde, a Pedro Pan child herself and a staunch anti-Castro
Cuban-American journalist, believes that the operation had mixed results.
Some children became the better for it; others lived tragic lives.
Regardless, because of their experiences, most of them would never part from
their children, she notes.

In great irony, the case of Elian Gonzalez conjures up "patria
potestad." Distant relatives are arguing that they can give Elian a better
life here than his father and grandparents can in Cuba. And many
Congressional leaders agree, as they prepare to grant him U.S. citizenship.
All this is supposed to be for the good of the child.

Cuban-Americans cite human-rights conditions in Cuba as a primary
reason for wanting to ensure that Elian does not return there. Indeed, the
Human Rights Watch World Report 2000 does not spare Cuba for its
human-rights violations. (Rare is the country that is spared in the majority
of human-rights reports, including the United States). If that was the
prerequisite for taking children away from parents, the United States could
perhaps claim tens of millions of children living under similar conditions
worldwide -- and some other country could invoke a similar claim while
taking a child away from a U.S. parent. In this case, if there were an
imminent threat to Elian or if the father and grandparents weren't alive,
perhaps he might be better off here. But that's not the case. In the name of
what's good for the state, anything is possible.
 
In Peru, for example, president Alberto Fujimori has decided that
running for a third presidential term -- in clear defiance of the
constitution -- is good for the state. This constitutional prohibition
exists because of the history of dictatorships in the Americas. Some
countries don't even allow re-election. Cuban Americans, of course, will
argue that this is precisely why they're fighting Fidel Castro, who has been
in power for 40 years. Arguments pro and con can be made about this subject;
however, as human decency dictates, not at the expense of a 6-year-old
child.
 
If Fujimori goes through with his plans, chaos can be expected. An
uprising similar to what has happened in Ecuador may be what's in store for
Peru, though the social/political conditions are not quite the same.
 
The uprising in Ecuador, which led to the removal of its president,
Jamil Mahuad, was led by a nonviolent and well-organized indigenous movement
(Confederation of Indigenous Nationalities of Ecuador). Currently, the
former vice president, Gustavo Noboa, has assumed the reins of power.
Apparently, the military decided that his elevation to president was good
for the state. The United States agrees and considers this development as
good and helpful in restoring normalcy. However, normalcy is what prompted
the insurrection in the first place. The indigenous movement there, which
came to prominence in a mass rebellion in 1990 and has inspired indigenous
peoples across the Americas, considers Noboa's ascendancy a betrayal.
Additionally, the U.S. State Department has condemned the indigenous
insurrection and their military supporters, characterizing them as "seeking
to establish an unconstitutional regime." That the former regime toppled so
easily actually shows that the insurrection was quite legitimate.
 
Noboa has for the moment rejected the dollarization of Ecuador's
currency -- which triggered this latest uprising. But that's not quite
enough to placate the indigenous movement -- or its many allies -- who in
the tens of thousands have demonstrated what is good for the people.
 
COPYRIGHT 2000 UNIVERSAL PRESS SYNDICATE
Gonzales & Rodriguez can be reached at PO BOX 7905 Albq NM 87194-7905,
505-242-7282 or: XColumn@aol.com

* For info regarding the Aztlanahuac Project, use the same info above or
e-mail: Aztlanahua@aol.com (Please note correct e-address) Deadline for
contributions to the book has been extended to Feb 29.
 

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