The Government Delegation criticised the “defiant tone” and “populism” displayed recently by Tenerife’s Cabildo President, Rosa Dávila, regarding a gathering planned for this Saturday at Teide National Park, which has now been postponed by organisers due to a lack of permits. They highlighted that her usual lack of insight led her to claim the creation of a precedent, unaware that in 2022, under Pedro Martín’s leadership, a protest at the Corona Forestal Natural Park at Teide was already regulated.
The Delegation clarified that from the Sub-delegation, “protests aren’t authorised, only the predetermined right to hold them is regulated,” besides having jurisdiction solely concerning public safety and order related to the right to assembly, with no environmental protection mandate involved.
In every process, “and specifically in this one,” they said, “mandatory reports are always attached, and in this case, a special advisory report was requested from the State Attorney’s Office.”
Rosa Dávila, the Cabildo President, with Teide advocates Wolfredo Wildpret and Isidoro Sánchez. / E.D.
Regarding this process, it refers to the right of assembly enshrined in Article 21 of the Constitution, of which the right to protest is an aspect. Its legal framework is found in Organic Law 9/1983 of 15 July pertaining to public places and demonstrations.
The Delegation clarified that “where specific regulatory application for the National Park’s protection is required, the administrative authorisation from the Mixed Management Commission is necessary,” which the Cabildo must address due to transferred competencies.
It explains that in the report “it’s clear,” and organisers have been informed “that they must request this specific authorisation from the competent authority,” which isn’t the Sub-delegation, but the Cabildo.
Indeed, it points out that for a protest, as with any other sports or cultural event, considered an extraordinary activity, “authorisation from the National Park’s managing administration is required.”
Consequently, it understands that just as the Cabildo President bans access to Teide National Park due to weather conditions or authorises races or film shoots, it is that body which holds competence.
“If she wished to prohibit any activity on environmental grounds, she could, as the Cabildo President has the final say. The Cabildo could prohibit if potential harm to the natural space were substantiated,” it states.
