Hi Jose,
Look, I'm not going to address your long list of questions individually but
briefly and in general.
I am not competent to address issues of local Law, national Law and or
International Law or issues, as a historian, either.
What I did try to propose is from a 'common man's point of view and with
regards to modern life and democratic processes, towards 'Equality. Liberty
and Justice'. As for 'evacuee' property law, I am not so sure of it; I
mentioned the same as a person had suggested this to me some years ago.
Is it not true that Communidade property is Community property, owned by the
members of the Community/ Communidade?. Is it not true that these members
also own real private property, in their private family names and in the
same jurisdiction? Is it not true that some or all of these members, at some
time or other, whenever they held 'office' in the Communidade
administration, they misappropiated these Communidade lands and merged it as
their own? Is it not true that some of these people are being tried in
courts as of today, even? This may not be relevent to the issue in
question, but it shows, that there is 'Private land' and 'Community land' in
all the villages constituted as Communidades. In the begining there were
only Gaonkares, and among these gaokares there were many (Clans) vangors;
then came thru marriage, settlement and migration, the 'Moradores', and then
the newer Moradores.
How this system helps the good life in the present day villages, I do not
understand; This system has only created division and discrimination among
the villagers taken as a whole. There has been hegemony and downright
blocking of pathways and road access etc. and wrongly based stoppage of
legitimate construction of the moradores and other new comers, by the
Gaokares lobby; Yes the Panchayat Raj is in force now; but don't u see that
the evil forces prevailing as a result of the Communidades system has spilt
over into panchayat politics and state politics. As I see it the system is
doing no good to anyone except the Gaocares who are getting the Zhon and
continue their hegemony. All the residents like voters, should have the same
benefits, and rights.
That is why I feel that the system of Communidades be disbanded and the
Communidade (common) property, (and not individual property), be handed over
to the state. This will be the first step towards the end of feudalism, at
village level! This is my logic and my prayer for the development of Goa
into a super modern City State, wherin all are considered equal.
From: "jose colaco" <[EMAIL PROTECTED]>
Subject: [Goanet]RE: Gaunkaries/Communidades
Date: Tue, 31 May 2005 21:46:00 +0000
From: "Nasci Caldeira" <[EMAIL PROTECTED]>
< It is true that Communidades existed for over a thousand years, or
whatever; But this is no reason why this system should not change! It
smacks of 'Commune' living and also of 'feudalism'. Nobody likes feudalism
and nobody lives in communes anymore; the world is now in the 21st century.
Let individual property be private and let all 'commune' property be public
either state or village public. Of course it will not be 'shared' but for
public use and with a public purpose; and if so decided then it can be sold
or whatever according to common wishes and not only of the Gaonkars. after
all, all Gaonkars are not really resident anymore, the style/ system of
living is no more! So the old 'Commune property' should be rightly declared
like 'Evacuee' property, and become public.>
Nasci Caldeira.
==
Dear Nasci,
Intriguing proposition.
1. Are you saying that when Gen Candeth struck a body-blow to the
Communidade System, the owners of the Communidade were living on it .... as
a Commune?
2. Perhaps I could suggest that we look carefully at the history (even if
it is at the past 200 years) of the Communidade lands, How the "Zhonn" came
about, What "Zhonn" meant, How "Zhonn" was calculated......and WHAT the
Portuguese Govt negotiated with the Communidade land owners and WHY.....and
IF negotiated 'contracts' can legally be broken by unilateral action.
3. As far as I know, India follows the same common + civil law systems as
Britain. I believe that Australia, NZ, most of Canada and the US and the
Caribbean follow the same legal systems. Goa is in the same position as
Quebec, California, New Mexico, Texas and possibly Louisiana - where the
European (Roman Law) systems overlap with the British common + civil law
systems.
I shall stop here ...and wait for your comment.
jc
