international law

OVE ARUP & Hong Kong’s New Fire Safety Code of Practice

2012-02-18:  It will be of interest to people in this part of the world that Hong Kong has introduced a New Code of Practice on Fire Safety in Buildings, which will come into effect from 1 April 2012.  The reason for this interest will be strange and unusual …

Hong Kong Buildings Department

2011 Hong Kong Code of Practice for Fire Safety in Buildings

Click the Link Above to read and/or download PDF File (3.96 Mb)

The following extract from the Foreward (paragraph #3) to this Code of Practice explains how it came to be developed … and then issued back in September 2011 …

This Code of Practice may be cited as the Code of Practice for Fire Safety in Buildings.  It is prepared and issued by the Buildings Department on the basis of the consultancy study on fire engineering approach and fire safety in buildings.  The consultancy study was conducted by Ove Arup & Partners Hong Kong Ltd., commissioned by the Buildings Department, and was supervised by a Steering Committee comprising representatives of professional institutions and other stakeholders of the building industry, as well as other Government Departments.

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It so happens that, here, a few weeks ago … I was wondering how the United Nations Convention on the Rights of Persons with Disabilities (CRPD) was being implemented in a number of countries which had ratified it.  China ratified the Convention on 1 August 2008.  Once again, this is Article 11 …

UN CRPD  Article 11 – Situations of Risk & Humanitarian Emergencies

States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters.

[ Note:  An outbreak of fire in a building is a situation of serious risk for all vulnerable building users ! ]

So … what has been the response of Hong Kong to this issue … and to the voluntary obligation which China has accepted, under International Law, to comply with Article 11 of the UN CRPD ?

The issue has been completely ignored in the New Code of Practice !

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2012 Review of Part B & TGD B – Irish Building Regulations

2012-03-02:  Please bear with me while I update you at the start of this post … rather than at the end, which would be more usual here … and logical.

[ In Ireland … a related problem, which continues to fester and cause a great nuisance in an everyday work environment … concerns the lack of proper, i.e. formal, recognition of electronic communications, and information in an electronic format, by public and private organizations … in spite of the following very clear legal text …

2000 Electronic Commerce Act (No. 27 of 2000)

Section 9 – Electronic Form not to Affect Legal Validity or Enforceability

Information (including information incorporated by reference) shall not be denied legal effect, validity or enforceability solely on the grounds that it is wholly or partly in electronic form, whether as an electronic communication or otherwise. ]

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Yesterday afternoon (1 March 2012), we received the following e-mail communication from the Department of Environment, Community & Local Government (DECLG)

Folks,

Could you please send me your submissions in either Microsoft Word or Excel as it it easier to copy and paste into the format that is required , it is proving rather difficult to copy from a PDF document.

Thank You

Claire Darragh, Architecture / Building Standards, DECLG.

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I immediately replied …

Dear Claire,

Further to your informal e-mail message, which we received just a short while ago …

Please note that this is not an acknowledgement that the FireOx International Submission was received by the Department … and we certainly do not wish that you copy and paste anything relating to its contents anywhere else.

IF this is a Proper Public Consultation Process … you must adapt internal DECLG systems to suit the Submissions !   We will be communicating with the Minister’s Office concerning this issue.

Once again, I would ask you to properly acknowledge receipt of our Submission, dated 2012-02-14.

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In connection with the original FireOx International Submission … I would also like to take this opportunity to advise you that:

  • Due to an error in ISO (International Standards Organization) … the publication of ISO 21542: ‘Building Construction – Accessibility and Usability of the Built Environment’, on 12 December 2011, was not notified to people directly involved in its development and drafting, or to the participating national standards organizations ; 

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  • In order to avoid the wide confusion which the term ‘Fire-Induced Progressive Collapse’ is continuing to cause at international level … the preferred term is now Fire-Induced Progressive Damage.

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I have amended our Submission accordingly.

Kind regards.

C. J. Walsh, FireOx International – Ireland, Italy & Turkey.

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2012-02-18:  The following is the text of  FireOx International’s Submission, dated 14 February 2012, to the Department of the Environment, Community & Local Government (DECLG) in Dublin … concerning the current review of the Irish Building Regulations Part B & TGD B … including, for good measure, some initial and very pertinent comments on the Irish Building Control Regulations.

None of these comments will come as any surprise to regular visitors here.

It should also be noted that the same comments are just as relevant in the case of the British (England & Wales) Building Regulations, Part B and Approved Document (AD) B !

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Ms. Claire Darragh, Architecture & Building Standards Section, DECLG.

Dear Claire,

Thank you for this opportunity to advise the Department on some urgent and necessary improvements to Part B: ‘Fire Safety’ of the 2nd Schedule to the Building Regulations in Ireland … and its supporting Technical Guidance Document (TGD) B.

1.  Some Initial Comments

  • The continuing debacle of the Priory Hall Apartment Complex, in Donaghmede Dublin 13, is just the tip of a very large iceberg in Ireland.  Yet, when we now hear that there will be a ‘risk-based’ approach to Septic Tank Inspections, instead of an approach which involves inspecting all septic tanks … independently, competently and thoroughly … it is clear that the Minister, and senior officials in his Department, have failed to learn any lessons from ‘Priory Hall’.

What was happening on Irish construction sites during the Celtic Tiger boom years … has been happening for twenty years all over the country … more precisely, since the introduction of legal national building regulations in 1991, with NO effective building control … and, before that again, in those parts of the country outside of the major urban areas having legal building bye-laws AND effective building control, i.e. mandatory inspections by competent local authority personnel at the foundation level and drainage level of ALL projects … and, depending on the type of project, occasional or frequent inspections above ground level.

Over the years, local authority officials who carried out building bye-law inspections accumulated a considerable wealth of knowledge and understanding about local construction conditions and practices.  This valuable resource, widely used by the construction industry at the time, has now been diluted and discarded.

PLEASE LEARN THE LESSONS FROM ‘PRIORY HALL’ !!

In connection with ALL Applications for Fire Safety Certificates (Part B) and Disability Access Certificates (Part M) … competent and thorough inspections must, from now on, be carried out by local authority personnel to confirm proper implementation of Part B & M, respectively, of the 2nd Schedule to the Building Regulations.

Furthermore … while on site, local authority personnel must not be discouraged, or restricted, from dealing with any other Parts of the 2nd Schedule to the Building Regulations.  Under the present dysfunctional system, important horizontal linkages between different Parts of the 2nd Schedule are being widely disregarded and ignored, e.g. between Parts B & D, between Parts B & M, and between Parts B & A … or between Parts M & D, etc., etc !

  • European Union (EU) Council Directive 89/106/EEC has been repealed … and, instead, we now have EU Regulation No 305/2011 of the European Parliament and of the Council, of 9 March 2011, laying down Harmonised Conditions for the Marketing of Construction Products.

Unlike the earlier EU Directive … this Regulation, applicable in all EU Member States, is binding in its entirety.

And although Annex I of EU Regulation 305/2011 will enter into force from 1 July 2013 … the Department should now prepare for, and slowly begin the process of, incorporating all of the Annex I Basic Requirements for Construction Works into the 2nd Schedule of the Irish Building Regulations.

SEE BELOW …

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2.  Firefighter Safety

Fully consistent with Basic Requirement for Construction Works 2(e), in Annex I of EU Regulation No. 305/2011 … Revise Part B Requirement 5 to read as follows …

B5  Firefighter Safety, and Access and Facilities for the Fire Service

A building shall be so designed and constructed that the safety of firefighters is adequately considered and, in the event of an outbreak of fire, that there is adequate provision for access for fire appliances and such other facilities as may be required to assist the fire service in the protection of life and property.

Two examples of issues which should be highlighted in a relevant revision/addition to TGD B’s Guidance Text:

  • The incorporation, in building designs, of alternative safe means of approach towards the scene of a fire by firefighters ;
  • The provision of wider staircases in buildings in order to facilitate the recovery of an injured/impaired firefighter during the course of firefighting operations.

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3.  Protection of Vulnerable Building Users from Fire

The European Union ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on 23 December 2010.  Ireland has not yet ratified the Convention.

However … fully consistent with Ireland’s legal obligation, under Article 4.3 of the Treaty on European Union (TEU), to co-operate fully with EU Institutions in their implementation of this UN Convention … Revise Part B Requirement 1 to read as follows …

B1  Means of Evacuation in the Event of an Outbreak of Fire

A building shall be so designed and constructed that the protection of vulnerable building users is adequately considered and, in the event of an outbreak of fire, that there are adequate and accessible means of evacuation from the building to a place of safety remote from the building, capable of being safely and effectively used.

[ Use of the word ‘escape’, in the context of emergencies, should be strongly discouraged at all times. ]

Concerning TGD B’s Guidance Text … reference to ISO 21542: ‘Building Construction – Accessibility and Usability of the Built Environment’ will be more than sufficient.

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Specifically relating to Adequate Protection of Vulnerable Building Users from Fire

NOTE WELL THAT BS 9999 (AND BS 5588:PART EIGHT)  IS (ARE)  ENTIRELY UNFIT FOR PURPOSE !!

Please carefully examine the attached PDF File – My Note for the National Standards Authority of Ireland:  ‘BS 9999:2008 & BS 8300:2009 – Impacts on Accessibility Design in Ireland & Implications for ISO Accessibility & Fire Safety Standards’ , dated June 2009.

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4.  TGD B’s Appendix A – Performance of Materials and Structures

2 Important Notes should be added to Paragraph A21 – Structural Fire Design

  • In complying with Part B, reference should also be made to Part A of the 2nd Schedule of the Building Regulations, particularly Requirement A3 – Disproportionate Collapse ;

and

  • In order to show that a Fire Protection Material/Product/System for Structural Elements properly complies with Part D … it is also necessary, besides showing that it has been adequately fire tested, to show that the material/product/system is durable over a specified, reasonably long life cycle … and that it can adequately resist mechanical damage during construction of the building and, in the event of an outbreak of fire, during the course of that fire incident.

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Specifically relating to Steel Structural Performance in Fire

You should be aware that Table A1 and Table A2 are only appropriate for use by designers in the case of single, isolated steel structural elements.

In steel structural frame systems, no consideration is given in the Tables to adequate fire protection of connections … or limiting the thermal expansion (and other types of distortion) in fire of steel structural elements … in order to reduce the adverse effects of one steel element’s behaviour on the rest of the frame and/or adjoining non-loadbearing fire resisting elements of construction.

In the case of steel structural frame systems, therefore, the minimum fire protection to be afforded to ALL steel structural elements, including connections, should be 2 Hours.  Connections should also be designed and constructed to be sufficiently robust during the course of a fire incident.  This one small revision will contribute greatly towards preventing Fire-Induced Progressive Damage in buildings … a related, but different, structural concept to Disproportionate Damage …

Disproportionate Damage

The failure of a building’s structural system  (i) remote from the scene of an isolated overloading action;  and (ii) to an extent which is not in reasonable proportion to that action.

Fire-Induced Progressive Damage

The sequential growth and intensification of structural distortion and displacement, beyond fire engineering design parameters, and the eventual failure of elements of construction in a building – during a fire and the ‘cooling phase’ afterwards – which, if unchecked, will result in disproportionate damage, and may lead to total building collapse.

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With regard to the above … please carefully examine these 2 Series of Posts on FireOx International’s Technical Blog ( www.cjwalsh.ie ), beginning on the dates indicated …

  • 2011-10-25:  NIST’s (2005) Recommendations on the 9-11 WTC Building Collapses … GROUP 1. Increased Structural Integrity – Recommendations 1, 2 & 3 (out of 30) ;

and

  • 2012-01-18:  Progressive Collapse of WTC 7 – 2008 NIST Recommendations – Part 1 of 2 … GROUP 1. Increased Structural Integrity – Recommendation A … and GROUP 2. Enhanced Fire Endurance of Structures – Recommendations B, C, D & E (out of 13).

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5.  TGD B’s Appendix F – Reference Standards

Add this Important New Standard …

  • ISO 21542 : 2011     Building Construction – Accessibility and Usability of the Built Environment

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6.  TGD B’s Appendix G – Reference Publications

Add these Two Important Publications …

  • NIST (National Institute of Standards and Technology).  September 2005.  Federal Building and Fire Safety Investigation of the World Trade Center Disaster: Final Report on the Collapse of the World Trade Center Towers.  NIST NCSTAR 1.  Gaithersburg, MD, USA.

and

  • NIST (National Institute of Standards and Technology).  August 2008.  Federal Building and Fire Safety Investigation of the World Trade Center Disaster: Final Report on the Collapse of World Trade Center Building 7.  NIST NCSTAR 1A.  Gaithersburg, MD, USA.

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Should you wish to receive further information on any of my comments … please consult FireOx International’s Technical Blog at  www.cjwalsh.ie … or contact me directly.

Please acknowledge receipt of this e-mail communication.

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Kind regards.

C. J. Walsh, FireOx International – Ireland, Italy & Turkey.

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Sustainable Fire Engineering – IABSE Lecture 1 December 2011

2011-11-14 …

On Thursday evening, 1st December 2011, at 19.00 hrs … in the Dublin Institute of Technology … I will present an IABSE-Ireland Sponsored Lecture on the subject: ‘Sustainable Fire Engineering IS THE FUTURE !’.

This Presentation has been in continuous development across a snaking international path … Dubayy (UAE) in 2008 … Lund (Sweden) and Bengaluru (India) in 2009 … Dilli (India), Zurich (Switzerland) and Dublin (Ireland) in 2010 … Paris (France), the IFE’s International Fire Conference in Cardiff (Wales) and the ASFP-Ireland Fire Seminar in 2011 … and on 1 December next, in Dublin, I will be introducing some tough new realities for fire engineering generally … not just in Ireland …

Colour photograph showing the impact of witnessing the 9-11 WTC Incident in New York. Sustainable Fire Engineering must be 'reliability-based' & 'person-centred'. But ... do building designers, including fire engineers, actually understand that the people who use their buildings are 'individuals' ... each having a different range of abilities ? Photograph by Marty Lederhandler/AP. Click to enlarge.
Colour photograph showing the impact of witnessing the 9-11 WTC Incident in New York. Sustainable Fire Engineering must be 'reliability-based' & 'person-centred'. But ... do building designers, including fire engineers, actually understand that the people who use their buildings are 'individuals' ... each having a different range of abilities ? Photograph by Marty Lederhandler/AP. Click to enlarge.

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IABSE Irish National Group Sponsored Lecture

Dublin Institute of Technology, Bolton Street – Michael O’Donnell Room (259)

Thursday, 1 December 2011 @ 19.00 hrs / 7.00 p.m.

CJ Walsh: Sustainable Fire Engineering IS THE FUTURE !  (Lecture Flyer, PDF File, 259 kb)

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The aim of Sustainable Fire Engineering is to realize a safe and sustainable built environment.

Responding ethically, in built and/or wrought form, to the still evolving concept of sustainable human and social development … a principal objective of Sustainable Fire Engineering is to design for maximum credible fire and user scenarios … in order to maintain a proper and satisfactory level of fire safety and protection over the full life cycle of, for example, a building … and for a Sustainable Building, that life cycle is 100 years minimum.

Sustainable Fire Engineering must, therefore, be ‘reliability-based’ & ‘person-centred’.

This presentation will examine the authentic language and meaning of sustainability … and will then track how this impacts on the professional practice of fire engineering.  Special mention will be made of Fire-Induced Progressive Collapse.

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See you all there !   And I will be looking forward to a lot of challenging feedback on the night !!

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Complaints to the UN Disability Rights Convention Committee

2011-11-14:  At the time of writing, this was the up-to-date position regarding the United Nations Convention on the Rights of Persons with Disabilities (CRPD)

Convention153 Signatories … 106 Ratifications

Optional Protocol90 Signatories … 63 Ratifications

For reasons which can sometimes be complex … individuals and disability-related organizations are reluctant to make valid complaints … at local, regional or national levels in their countries.

This must stop !   If nobody complains … nothing will change !!

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The following documents should now be used as a Proper Model for Making a Complaint … at any level.  And should all domestic remedies be exhausted at national level in a State Party … you will have saved yourself a lot of time and energy, should you decide to take matters further … because the complaint will already be in the correct CRPD format …

Committee on the Rights of Persons with Disabilities – 15 June 2011

UN CRPD/C/5/2 – Fact Sheet on the Procedure for Submitting Communications to the Committee on the Rights of Persons with Disabilities under the Optional Protocol to the Convention  (PDF File, 41 kb)

UN CRPD/C/5/3 – Guidelines for Submission of Communications to the Committee on the Rights of Persons with Disabilities under the Optional Protocol to the Convention  (PDF File, 47.5 kb)

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Remembering Dr. Ernesto ‘EL CHE’ Guevara de la Serna Lynch

Update 2020-04-07:  ‘El Che’ Memorial Stamp – Issued by An Post, Ireland.  2017.

Colour photograph of the ‘El Che’ Memorial Stamp, issued by An Post (Ireland’s National Postal Service), in October 2017 … to commemorate the 50th Anniversary of Che Guevara’s Assassination by United States/CIA and Bolivian Soldiers in the remote village of La Higuera, Bolivia.  This iconic image of Che is based on a Jim Fitzpatrick Poster which, in turn, was based on a 1960 Photograph* taken by Alberto Korda (Alberto Díaz Gutiérrez).  Photograph of stamp by CJ Walsh.  2020-04-07.  Click to enlarge.

* On Friday, 4 March, 1960, a ship exploded in Havana Harbour, killing more than a hundred workers and injuring many more, including passers-by who rushed to offer help.  The vessel ‘La Coubre’ was loaded with tonnes of weapons which had been bought in Belgium by the Cuban Government and secretly transported to the Caribbean.

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Korda would later recall his magical ‘Che’ shutter experience: “At the foot of a podium decorated in mourning after the tragic explosion, I had my eye to the viewfinder of my old Leica Camera.  I was focusing on Fidel and the people around him.  Suddenly, through the 90mm lens, Che emerged above me.  I was surprised by his gaze.  By sheer reflex I shot twice, horizontally and vertically.  I didn’t have time to take a third photo as Che stepped back discreetly into the second row.  It all happened in a few seconds.”

Korda called this image ‘Guerrillero Heroico’ ; the Che who appeared in it was a human being who was shocked and angry (at such a brazen attack by the United States/CIA in the heart of Havana, so damaging to the Revolution) and mournful (after so many deaths in the explosion).

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2011-10-10:  Yesterday, did anyone remember the myth that is … and the man of Latin America that wasDr. Ernesto ‘EL CHE’ Guevara de la Serna Lynch … assassinated on 9 October 1967, in Bolivia ??

Colour photograph showing a framed head and shoulders of the young Dr. Ernesto 'CHE' Guevara de la Serna Lynch in a small museum in the central square of Yara (Plaza Grito de Yara), Cuba. Centuries earlier, nearby, the Indian hero Hatuey was burned at the stake. Photograph by CJ Walsh. 2007-04-10. Click to enlarge.
Colour photograph showing a framed head and shoulders of the young Dr. Ernesto ‘CHE’ Guevara de la Serna Lynch in a small museum in the central square of Yara (Plaza Grito de Yara), Cuba.  Centuries earlier, nearby, the Indian hero Hatuey was burned at the stake.  Photograph by CJ Walsh.  2007-04-10.  Click to enlarge.

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Dr. Che Guevara addressing the United Nations General Assembly in New York, 11 December 1964 …

English Translation: https://www.marxists.org/archive/guevara/1964/12/11.htm

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Colour photograph showing the memorial in Plaza de la Revolución, Santa Clara, Cuba ... built to commemorate the 30th anniversary of the Battle for Santa Clara. Unveiled on 28 December 1988, it was designed by the Architect Jorge Cao Campos and the Sculptor José Delarra. The memorial complex also comprises the mausoleum of Che Guevara and a museum. Photograph by CJ Walsh. 2007-04-14. Click to enlarge.
Colour photograph showing the memorial in Plaza de la Revolución, Santa Clara, Cuba … built to commemorate the 30th anniversary of the Battle for Santa Clara.  Unveiled on 28 December 1988, it was designed by the Architect Jorge Cao Campos and the Sculptor José Delarra.  The memorial complex also comprises the mausoleum of Che Guevara and a museum.  Photograph by CJ Walsh.  2007-04-14.  Click to enlarge.

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Colour photograph showing the memorial in Plaza de la Revolución, Santa Clara, Cuba ... built to commemorate the 30th anniversary of the Battle for Santa Clara. Unveiled on 28 December 1988, it was designed by the Architect Jorge Cao Campos and the Sculptor José Delarra. The memorial complex also comprises the mausoleum of Che Guevara and a museum. Photograph by CJ Walsh. 2007-04-14. Click to enlarge.
Colour photograph showing the memorial in Plaza de la Revolución, Santa Clara, Cuba … built to commemorate the 30th anniversary of the Battle for Santa Clara.  Unveiled on 28 December 1988, it was designed by the Architect Jorge Cao Campos and the Sculptor José Delarra.  The memorial complex also comprises the mausoleum of Che Guevara and a museum.  Photograph by CJ Walsh.  2007-04-14.  Click to enlarge.

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Colour photograph showing the memorial in Plaza de la Revolución, Santa Clara, Cuba ... built to commemorate the 30th anniversary of the Battle for Santa Clara. Unveiled on 28 December 1988, it was designed by the Architect Jorge Cao Campos and the Sculptor José Delarra. The memorial complex also comprises the mausoleum of Che Guevara and a museum. Photograph by CJ Walsh. 2007-04-14. Click to enlarge.
Colour photograph showing the memorial in Plaza de la Revolución, Santa Clara, Cuba.  Hasta La Victoria Siempre ! (Ever Onward To Victory !)  Photograph by CJ Walsh. 2007-04-14. Click to enlarge.

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Colour photograph showing a hoarding on the roof of a building in Cienfuegos, Cuba ... which comprises an image of CHE, with the accompanying text "Tu Ejemplo Vive - Tus Ideas Perduran". Photograph by CJ Walsh. 2007-04-13. Click to enlarge.
Colour photograph showing a hoarding on the roof of a building in Cienfuegos, Cuba … which comprises an image of CHE, with the accompanying text: ‘Tu Ejemplo Vive – Tus Ideas Perduran’ (Your Example Lives – Your Ideas Last).  Photograph by CJ Walsh.  2007-04-13.  Click to enlarge.

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#ErnestoCheGuevara #ElChe #Bolivia #Assassination #USA #CIA #GuerrilleroHeroico #SantaClara #Cuba #HastaLaVictoriaSiempre #LaHiguera #Revolution #Ireland #CheMemorialStamp