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Listed at various points, The District responded to the decision released this Friday on Council of State on the control and management of the Barranquilla Carnival.
The administration explained that it is an eventual review made by the Council of State to the decisions issued by the Administrative Court of the Atlantic (May 16, 2012) and the Sixth Administrative Court of Barranquilla (October 28, 2008) on a popular action filed in 2007 against the District and Carnival of Barranquilla SA (today Carnaval de Barranquilla SAS).
With this mechanism, the plaintiffs sought to restore conditions that they considered violated a general interest of the community. One of the conditions was that the Barranquilla Carnival ceased to be operated by the Carnaval Foundation for Carnaval de Barranquilla SA to assume that function.
Regarding this, the Mayor’s Office specified that the orders ratified by the ruling of the Council of State were fulfilled at the time by the District of Barranquilla and the other related parties.
“In fact, the organizational structure of the Sociedad Carnaval de Barranquilla SA was adjusted not only in compliance with the first ruling, but because of the very dynamics that the party was having. We became aware of this through a report on compliance with the ruling issued on April 28, 2017 by the Secretary of Culture to the District Comptroller of Barranquilla ”, said the district administration.
He also reported that the sentence does not impose new instructions.
About the claims
Carnival of Barranquilla SAS explained that Another of the conditions set forth by the plaintiffs was that the District regain its shareholding in the company, and that an interpretation be given to the use of public space in terms of a fair assessment of the District’s participation in society, among other mandates.
“Carnaval de Barranquilla SA expressed its disagreement with the ruling considering that the court had exceeded its sentence beyond popular action and chose to file an appeal for review of the sentence before the Council of State. Notwithstanding the foregoing, the Company and the District of Barranquilla proceeded to make all the adjustments that the sentence ordered, ”the statement reads.
To comply with these claims, the District not only recovered its participation, but Carnaval de Barranquilla SA assumed the management and operation of the Carnival as an annual event. The use of public space was regulated and Carnaval de Barranquilla SA began to pay the temporary occupancy tax as any active subject of this process. In 2020 it canceled $ 52 million for this concept.
In addition, the participation of the Board of Directors was expanded accommodating representatives of the makers of the Carnival and the cultural sector.
“What has happened today is that the appeal for review filed in 2012 by Carnaval SA was ruled against, without this affecting the current situation because, as we have already noted, since 2012 the Society and the District have the task of fulfilling each of the mandates of the sentence of that time ”, added.
For Carnival of Barranquilla SAS, by the hand of the District, “The Barranquilla festival will continue to be managed in a harmonious way, consolidating this public-private alliance that has contributed to the strengthening of the Cultural and Intangible Heritage ”.
Claimants
The president of the Atlantic Folk Groups Association (AGFA) and director of the Carnival of the 44, Edgar Blanco, one of the three plaintiffs, He said that with this decision the popular action that favored them remains firm, which sought to leave the declaration of Carnival as heritage in the hands of the district administration, and not in the hands of individuals.
“The State is the one that must manage the patrimony and establish public policies. We understand that before there were no good management by the Mayor’s Office, but for 15 years there has been trust in the administration, ”Blanco told EL HERALDO.
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