December 17th., 2004

The muzzle act is a fact

Summary:

• A document written by presidential advisor Marta Harnecker with strategic objectives for the unfolding of the revolution.

• “It is not whether I’m authoritarian but rather if one is for Chávez or against him.”

• The Muzzle Act is a Fact.

• Officialdom proposes it frees people from The Media Dictatorship.

• Critics propose its goal is to neutralize media people.

• Freedom of information suffers when flagrant violations of the Constitution and of international agreements occur.

• Self-censorship begins in very dramatic fashion.

• There are serious violations of the constitutional text in the handling of the SC makeup.

• New legislation increases the number of Justices to 32.

• Few abide by constitutional requirements.

• Officialdom acknowledges that loyalty to the regime was the criteria for selection.

• Chávez praises Zapatero’s regime and his Ambassador in Caracas.

• He had similar praise in Perú for deceased dictator, Gen. Velazco Alvarado.

• In La Habana, he signed accords aimed at the integration of the economies of Venezuela and Cuba.

• The Cuban Press says that said accords guarantee the Island’s development and the start of a new phase.

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Two major master goals proposed by Chávez -in the behind closed doors meeting profiling the new phase of the process (VT 15 November, 2004)-:  a)  the domestic consolidation of the revolution and; b)  the strengthening of its international image.  A month later, the Information Ministry published a Summary-Document written by presidential advisor Marta Harnecker with 10 Strategic Objectives from the Lt. Col. reflected in his intense activity of the past few weeks and the alacrity of his followers in the execution of assigned tasks.  As a premise, he underscored the strength of the revolution linked to the development of the spirit of The Constitution; and the swift application of enacted legislation and the immediate approval of legislation in process.  He deemed as a priority The Social Responsibility in Radio and TV Act (called by some The Muzzle Act and by others The Hinge Act). He demanded, equally, the naming of The New Supreme Court.

The presidential speech at this meeting focused on a sharp warning:  “It is not a matter of my being authoritarian, -but whether at this juncture of the process-, one is for Chávez or against him.  I cannot go on tolerating ambiguities and vacillations.  The time has come to consolidate what we’ve done and to rapidly advance in deepening the revolution.   Without lukewarm attitudes nor concessions to the enemy:  this brought about a fast forward pace into the machinery of officialdom.  Pro-government parliamentarians ignored repeated protests at home and abroad and within a few days passed The Muzzle Act, labeled as “paradigm of revolutionary legality.”  Protection of children and teenagers vs. sexual abuse and media violence has been the excuse for this legislation.  According to Chávez, this implies lofty patriotic interests:  “To free the people from media dictatorship while launching the democratization of this professional activity”  For critics the true purpose is to politically neutralize mass media while integrating it into the revolutionary discourse.  Art 29 in the Act is the key:  government-controlled bodies shall freely decide if anything is a security risk for the nation; whether it incites public unrest; or whether it ignores authority; among many general assumptions.  Sanctions may entail even the shutting-off of the culprit.

There are stiff programming schedules –established for users- from 7 AM to 7 PM no show of violence or violence debates are allowed, among other prohibitions.  Dissident parliamentarians pointed to flagrant violations of the constitutional text and international accords with the violation of freedom of information and the promotion of self-censorship.  Radio and TV associations attested to similar violations by the attempt to force them to include pro-regime ideological “contents” in their programming.

The issue of self-censorship does not lack a foundation.  On Wednesday the 8th, early in the morning through late in the afternoon, traffic towards downtown was totally paralyzed.  Drivers tried to find out by radio the source of the problem:  they would use their cell-phones to call their and offices to inquire if TV was giving any information.  None.  Neither radio nor TV.  What was happening is that downtown there was a fracas between the police and buhoneros (street vendors), with many wounded by firearms and grenades, cars in flames, barricades, looting, businesses shutting down, and general chaos.  Typical violent scenes whose broadcast-in previous occasions-had a contagious impact.  Audiovisual media did not dare to give this information until the government itself asked they do it to call for calm.  They were told to report the unrest and statement by official spokespeople guaranteeing that authorities were in control of the situation.

THE ELECTION OF THE NEW SUPREME COURT

With equal diligence than that applied to the passing of The Muzzle Act, officialdom parliamentarians acted to name The Supreme Court.  Violations of constitutional text were obvious.  The new legislation required a qualified majority in The National Assembly.  Desertions through four years had left Chavismo without that majority.  The approved text –by simple majority- by content and form, is reason for scandal among jurists.  The parliamentary procedure was in clear violation of The Constitution and of the very text approved by The Assembly.  The New Law increases the number of Justices to 32.  Of the 20 previously named for a 12-year tenure, five were fired or forced into retirement.  The naming of 17 fulltime and 32 alternates required qualified votes:  this was bypassed to name these with a simple majority.  Few of the effects comply with constitutional demands (postgraduate degree; university teaching or15 years in jurisprudence).  Loyalty to the regime as selection criteria was clearly established by Deputy Carreńo, President of The Screening Committee:  in the oath of office, elected and electors congratulated each other because The New Court guarantees revolutionary justice.

For sure, the first important action of “revolutionary justice” will be the annulment of a sentence from the previous SC about 11 April, 2002 Events.  The President requests it; the Attorney General formalized it and the President of the SC agreed.  Besides the political background, that sentence, goes hand in hand with the total control of the judicial system.  This, in turn, leads to an extreme endangering of the Rule of Law [if it is still possible to apply this label to a regime like the one in Venezuela].  The cancellation of an SC sentence dictated in Plenary Hall, derogates the judgment –of a penal issue-, but it may well happen in any other instance.

THE INTERNATIONAL IMAGE

According to Harnecker’s document,  the Comandante made special praise of the new Spanish Ambassador.  “The establishment of a new government in Spain underscores an important change in world geopolitics…  Spain’s rapprochement is something vital for our revolution.”

The international agenda included Cuzco, (Perú), in the signing of the foundation act of The South American Community of Nations.  He used it to praise Gen. Velazco Alvarado –the deceased dictator-, “whose memory is planted in the soul of Latin American soldiers.”

Days later in La Habana, he signed with Fidel Castro, a gamut of accords, -as never before-, aimed at the concrete integration of the economies of Cuba and Venezuela.  The Cuban Press says that it secures the sustainable development of the Island’s economy and the end of The Special Period imposed by The Soviet Collapse in 1990.  Besides, oil supplies; elimination of tariffs; opening of Venezuelan Banks in Cuba to finance mutual productive and infrastructure projects.  It was agreed that 15,000 Cuban doctors in Venezuela will train national health professionals.

In Belo Horizonte (Brazil), where he arrived from Cuba to attend The Mercosur Meeting, Chávez revealed Fidel had proposed that Cuban nickel, Venezuelan coal and Brazilian iron “would make them a productive power in stainless steel:” as one of many achievements of The Bolivarian Alternatives for The Americas (ALBA), should our economies become integrated.

China is the next scenario of the international image of the revolution, to continue in the making of strategic alliances as those with Russia and Iran.  The goal, says Harnecker, is the makeup of a South American Strength Pole, other world strength poles rejecting Yankee Unipolarity.

The Revolution  “consolidates” domestically and Chávez launches its image internationally,  but the fracture of society remains.  For those enjoying petrodollars Christmas shall be a happy one.  Adversaries, for sure, shall toast to have him on 25 December on the other side of the planet.