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The
muzzle act is a fact
Mark Robert Halper
By Democracy and Development
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
Carreño, 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.
Democracy
and Development, is publish Venezuela Today (www.venezuelatoday.org).
Its President - Dr. Pedro Pablo Aguilar is a former President
of the Venezuelan National Congress. Its views are not necessarily
those of PETROLEUMWORLD.
Editor's
Note:This article was originally published in by Venezuela
Today, December 17th., 2004. Petroleumworld reprint the article
in the interest of our readers.
Petroleumworld
News 12 19 04
Copyright ©Venezuela Today 2004, All rights
reserved
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