Radio Globo Transmitting!

Radio Globo returned to the airwaves in Honduras today with the publication of the rescension of decree PCM-M-016-2009! Its not yet clear whether broadcasts have resumed across the country, or only in Tegucigalpa.

PCM-M-016-2009 Rescension Publlished

Today's La Gaceta finally published the rescension of the decree PCM-M-016-2009 that restricted constitutional freedoms. Perhaps not coincidentally, the UN Human Rights commission began a visit that will last until November 7th

Still Not Rescinded PCM-M-016-2009

The de facto government of Roberto Micheletti Bain still has not published the recension of decree PCM-M-016-2009 in La Gaceta, though several decrees issued since last monday have been published, indicating that this is deliberate.

Even though the decree rescinding it says that it must be published to take effect, in fact, the constitution says the decree ceased to have merit the minute the conditions that caused it to be issued ceased. That has not stopped the de facto government from continuing to enforce it, however.

Decrees published today included one cutting short the school year, with classes now ending October 17, and the school year closing October 31 instead of the end of November as scheduled, and finally the decree from Monday, "executive" decree 124-2009 subject of the previous post.

Micheletti Fails to Publish Recension

PCM-M-016-2009 was rescinded, but Micheletti has yet to get it published in La Gaceta, thus it remains in effect, selectively being enforced even though Congress refused to approve of it. Deliberate delay or incompetence?

PCM-M-016-2009 Rescinded

Radio Globo is announcing that the council of Ministers has met and rescinded the controversial decree, PCM-M-016-2009, that restricted constitutional freedoms, authorized the shutdown of Radio Globo and Cholusat Sur, and prohibited groups of 20 or more people from forming in public.

Radio Globo is currently broadcasting via the internet, where it has more listeners (a recent survey showed 800,000 connections with 100,000 of those being in Honduras) than it did in any survey of broadcast listenership. It started broadcasting at 1500 AM in Tegucigalpa as well today.

The recension of the decree means that Radio Globo and Cholusat Sur can reclaim their broadcast equipment and resume broadcasting over the air. The recension goes into effect tomorrow, after it is published in La Gaceta.

More Tax Dollars At Work

The National Endowment for Democracy is a private, non-profit, organization founded in 1983 to strengthen democratic institutions. It receives grants of funding from Congress, and gives the money to pro-democracy groups world-wide. Its charter says:

"Democracy involves the right of the people freely to determine their own destiny."

"The exercise of this right requires a system that guarantees freedom of expression, belief and association, free and competitive elections, respect for the inalienable rights of individuals and minorities, free communications media, and the rule of law."

Grant highlights for 2008, the latest information available on the NED website, indicate a grant of $550,000 to the International Republican Institute to promote and enhance think tanks in Mexico and Honduras as "pressure groups" to force the political parties to develop concrete positions on key issues. "IRI will place special emphasis on Honduras...." In addition the IRI received a $400,000 grant to provide elected officials with management skills in the Dominican Republic, Guatemala , and Honduras.

Finally, the Trust for the Americas received a $95,338 grant to strengthen the capacity of member organizations to promote Freedom of Expression and access to information, and to encourage the implementation of information acces laws in the Dominican Republic, Honduras, Nicaragaua, and Panama. Trust for the Americas is a non profit associated with the OAS.

The IRI lists a program on municipal good government as its sole project in Honduras this year. It uses polls and focus groups conducted by the IRI to identify gaps in services and where citizens are asking for greater transparency and accountability. The program partners with the Fundación para el Desarrollo Municipal. This program is funded at levels above $1 million.

In addition, the US AID supplies about $49 million this year to Honduras, about $9.6 million is directly targeted at the category "Governing Justly and Democratically". A lot of this money was supposed to be spent on the Election Tribunal, focused on the 2009 elections, and implementing the new Civil Procedural Code (postponed for 2 more years by the Supreme Court after the coup).

Recipients of funding in Honduras include include COHEP, the Archbishop of Tegucigalpa, Paz y Democracia, and Generación X Cambio, all of which either participated in or are sympathetic to the coup. On the other hand, US AID also funded several organizations clearly not involved in the coup or split between supporters and anti-coup people, including the Confederation of Honduran Workers (CTH), and the Association of Private Media.

None of these foundations publishes on its website, current information about who is being funded. Everything is in terms of generalities. One organization I didn't mention is the Interamerican Foundation (iaf.org), because I couldn't. The most recent information they had on their website about funding was 2007, and about individual grants was 1999. All their funding comes from Congress. Deliberate obfuscation or just laziness? I sent them an email asking for more recent information. If they respond, I'll let you know.

So its a very strange set of affairs when organizations funded by USAID and the IRI appear in public to support PCM-M-016-2009, the decree by the de facto government that suspends the constitutional rights of all Hondurans; their rights to free assembly, free movement, and free speech among other rights curtailed. This same decree has been rejected by the National Congress, the Human Rights ombudsman, the Election Tribunal, The College of Journalists, and the Association of Private Media, but to the Union Civica Democratica and private business organizations including COHEP and ANDI, and the Chambers of Commerce of San Pedro Sula and Tegucigalpa, they like it and support it.

At a press conference representatives of COHEP, the Union Civica Democratica, ANDI, and the Federacion Nacional de Agricultores y Ganaderos de Honduras (FENAGH) all announced their support for the controversial presidential decree.

The president of FENAGH said that things are roughly normal except for a few people who are promoting licentiousness and delinquent acts through some media. He supports it because it maintains public order.

The Vice President of COHEP, Alejandro Alvarez, on the other hand, urged that Hondurans defend the constitution and laws of the Republic so that the world knows that on June 28, Honduras ceased to be a banana republic.

The President of ANDI, Adolfo Facussé said that the decree was born from the abuse of some journalists who had overextended the rights of free speech and thought. "The decree isn't bad, its brought results, but we don't want it to be maintained longer than necessary. The decree has brought us tranquility."

Faccusé did add that he didn't think Radio Globo should be closed, nor Channel 36 but only that its journalists should be prosecuted.

Luz Ernestina Mejia represented the UCD. She said she understands the right of free expression, but "never the criminal acts that under its rubric were committed." She noted that the decree permitted them to put an end to the offensive of the supporters of Zelaya.


We started this post with a quote from the NED Charter that noted that democracy required a system that guaranteed a variety of freedoms. So why does it fund organizations that want to restrict those freedoms in Honduras?

Your Tax Dollars At Work "Promoting" Democracy

The Unión Civica Democratica, a pro-coup organization that describes itself as made up of over 40 organizations supporting the ouster of president Manuel Zelaya announced today that it supports PCM-M-016-2009, the decree that suspends the constitutional rights of Honduran citizens for 45 days. Its spokesperson, Luz Ernestina Mejia specifically approved of the closing of Radio Globo and Channel 36. "We are against the repeated crimes of these journalists."

One of its member groups, the Generation for Change. Generacion Por Cambio describes (also found here) itself as "a politically independent organization of young adults" with "the primary objective of defending the Honduras Constitution and the rule of law against the administration of Manuel Zelaya Roslales and his Executive Branch of Government."

Generacion Por Cambio is a recipient of USAID funding for the development of democracy in Honduras. Gee, we spent money supporting a group that just came out in favor of the suspension of constitutional guarantees? Guess that was money well spent.

Micheletti Needs More Opinions

Decreto PCM-M-016-2009 remains in effect. Roberto Micheletti says he needs to hear more opinions before he decides what to do about this decree that suspends the constitution. In the meantime, it remains in effect. Even though Congress told him they would not vote to approve it should he insist it come to a vote, Micheletti has refused to rescind the decree so far. Congress must approve it for it to become legal.

Micheletti heard from the Election Tribunal yesterday, which urged him to rescind it because it taint's the election. But Micheletti says he wants to wait until he hears from the Supreme Court and the College of Lawyers before he decides what to do.

Even Ramon Custodio, the Human Rights Commissioner/coup apologist called for the rescension or regulation of the decree. He said suspending the constitutional guarantees "is to accept that we are no longer able to maintain public order, peace, and is a tacit acceptance which does not reflect the situation in which we are living."

"The intention is to rescind the decree approved in the Council of Ministers in an opportune moment when we have consensus from all sectors"

And while Daniel Restrepo of the White House called for the restoral of all constitutional guarantees, he failed to say they should be restored immediately.

There are 15 motions before the 5 member Constitutional Bench of the Supreme Court seeking to either have the decree declared unconstitutional or illegal. The first two cases were reviewed yesterday, and returned to the lawyers for clarification of some legal points.

In the meantime, the National Police continue to enforce its provisions selectively.

More Media Threatened

La Tribuna reports in its Minuto a Minuto column, that the head of the southern region of the National Police, Danilo Valladares, confirmed late this evening that two radio stations in Choluteca, and another two in Valle could be suspended for violating PCM-M-016-2009, the de facto government decree that was used to shut down Radio Globo and Cholusat Sur in Tegucigalpa. This is the same decree that Micheletti promised to rescind, only he's delaying until every contrary voice is silenced.

The Curious History of PCM-M-016-2009

This controversial decree, PCM-M-016-2009, rescinding constitutional guarantees for Hondurans for 45 days has a curious history first noted by the Spanish paper, El Pais. The decree was passed, according to La Gaceta, on 22 September, just one day after Zelaya came back into the country. However it was not published in La Gaceta until Saturday, September 26. For 4 days it was kept secret. Indeed, by publishing it on a Saturday, few had access to it over the weekend.

On Sunday afternoon, a foreign reporter asked Carlos Lopez Contreras about the rumors of its existance, and he replied "I don't have any knowledge, go ask the Minister of Government." Yet his is the third signature on the second page of the decree.

Even after publishing it, the government maintained its secrecy through Sunday afternoon and did nothing until the national and international press began to write about it. Why?

Thanks to Tito for pointing out this excellent article.