Responses to the Coup d'etat in Honduras on Sunday June 28, with special emphasis on producing English-language versions of commentaries by Honduran scholars and editorial writers and addressing the confusion encouraged by lack of basic knowledge about Honduras.

Thursday, October 8, 2009

Executive Decree Against Media

(Corrected for slight error in translation 9 October, 10:25 AM PDT...thanks to cadejo4)

Monday, Roberto Micheletti Bain made another attempt against the media of Honduras. Here's his executive decree 124-2009, dated Monday October 5, which took effect immediately. This is a quick and dirty translation of the decree, images of which can be found here on Adrienne Pine's blog.

Executive Agreement Number 124-2009

The constitutional President of the Republic

Considering: That the human person is the supreme end of society, the state, and all have the obligation to respect, protect, and conform to article 62 of our Constitution, the rights of every person are limited by the rights of the others, for the security of all, and for the just demands of the general good and the developing democracy.

CONSIDERING: That the President of the Republic in Council of Ministers has confirmed, through communications from defense and State security organs and other entities, the deterioration we have come to have, the effects on legally protected property, by social communications media systematically denaturing the objective of democratic rule of law and creating a regimen of social anarchy fomenting vandalism to the point that it threatens social peace and the security of the State, and incalcuably affecting the national economy.
Considering: That it is an urgent necessity to preserve the public order and peace in all the national territory, to guarantee life and the well being of all people residing in the national territory, with the ultimate end, guaranteed by our constitution of the Republic, and with the democratic system, fundamental pillar of our society.

Considering: That it corresponds to the State to guarantee liberty of though and expression, but when the communcations media atempt against the national security, the public order, the health, or the public morals, it makes it imperative to execute regulations founded in the existing legislation in conformity with the INTERAMERICAN CONvENTION ON HUMAN RIGHTS.

Wherefore
The constitutional President of the republic, in conformance with the articles 245 points 7 and 16, 248 and 252 of the constitution of the Republic, articles 11, 17, 18, 20, 22 number 10, 24, 116, and 117 of the General Law of Public Administration and the rest that the constitution and the laws confer.

Agree
Article 1: Declare, for reasons of national security and in application of the commands in Article 28 of the case law of the Telecommunications sector, specifically that referring to the use of the radio spectrum in the national territory, apply the measures which in law correspond to those that infringe the law.

Article 2: Instruct for legal effects corresponding to the National Commission of Telecommunications (CONATEL) and other competent organs of the state, that they proceed in conformity with their laws, to protect the national security in the function of the larger interests of the country, the good, the physical and moral integrity of humans. The state, as owner of the radio spectrum can revoke or cancel the use of approved titles (licenses and permissions) authorized by CONATEL to operators of broadcast speech and television that emit messages that generate national abhorrence, pretend to be protected speech, and also call for a regimen of social anarchy against the democratic state that attempts against the social peace and human rights.

Article 3: Remit to the National Commission of Telecommunications (CONATEL), the communications contained, the reports emitted by the defense and security forces and other parts of the government for its fulfillment.

Article 4: The present accord is executed immediately and should be published in the official newspaper La Gaceta.

Given in the city of Tegucigalpa, municipality of the Central District the 5th of october of 2009.

Communicate and Publish this.

Robert Micheletti
Constitutional President of the Republic
Oscar Raul Matute Cruz
Secretary of State

3 comments:

phoenixwoman said...

And, according to Radio Globo, a sniper platform looking over the embassy wall, infrared cameras, etc. seeking to intimidate. 11:35 PM Eastern.

These are the wonderful democrats liberating Honduras from Zelaya, who is worse than the atom bomb, the Black Plague, and Engelbert Humperdinck music.

--Charles

cadejo4 said...

There's a small problem with the translation, which causes it to miss the gist of this decree. This decree effectively militarizes the media.

The translation of the second paragraph, beginning "That the President of the Republic and the Council of Ministers have answered. . ." should read as follows:

CONSIDERING: That the President of the Republic in Council of Ministers has confirmed, through communications from defense and State security organs and other entities, the deterioration we have come to have, the effects on legally protected property, by social communications media systematically denaturing the objective of democratic rule of law and creating a regimen of social anarchy fomenting vandalism to the point that it threatens social peace and the security of the State, and incalcuably affecting the national economy.

Article 2 instructs CONATEL to cancel the licenses of any offending stations, while Article 3 orders that these reports from army and state security organs on offending media be sent to CONATEL.

The decree effectively places the army in charge of radio and TV content and licenses in Honduras.

rns said...

Yes, you're right. I did say it was quick and dirty. Thank you for the correction.