Freedom of expression is a human right, not a Honduran right

The government of Honduras needs to be reminded that freedom of expression is a human right that has nothing to do with nationality.

The Honduran constitution (1982) prohibits foreigners from carrying out political activities, but to stretch the definition of 'political activities' to include writing opinion articles is a clear violation of the rights granted by the member states of the United Nations (of which Honduras has been a member since 1945) and the Organization of American States. Honduras was suspended from active participation in the OAS on July 5, 2009, but was still expected to "fulfill its obligations as a member of the Organization, in particular with regard to human rights".

The following are excerpts from the related documents. The complete documents are also available in other languages, including Spanish, at the links given. Emphasis is mine.

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The following is from the United Nation's Universal Declaration of Human Rights:

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."

....

Article 2.

* Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

....

Article 19.

* Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

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From the OAS's Declaration of Principles on Freedom of Expression:

PREAMBLE:

REAFFIRMING the need to ensure respect for and full enjoyment of individual freedoms and fundamental rights of human beings under the rule of law;

AWARE that consolidation and development of democracy depends upon the existence of freedom of expression;

PERSUADED that the right to freedom of expression is essential for the development of knowledge and understanding among peoples, that will lead to a true tolerance and cooperation among the nations of the hemisphere; CONVINCED that any obstacle to the free discussion of ideas and opinions limits freedom of expression and the effective development of a democratic process;

....

PRINCIPLES

1. Freedom of expression in all its forms and manifestations is a fundamental and inalienable right of all individuals. Additionally, it is an indispensable requirement for the very existence of a democratic society.

2. Every person has the right to seek, receive and impart information and opinions freely under terms set forth in Article 13 of the American Convention on Human Rights. All people should be afforded equal opportunities to receive, seek and impart information by any means of communication without any discrimination for reasons of race, color, sex, language, religion, political or other opinions, national or social origin, economic status, birth or any other social condition.

....

5. Prior censorship, direct or indirect interference in or pressure exerted upon any expression, opinion or information transmitted through any means of oral, written, artistic, visual or electronic communication must be prohibited by law. Restrictions to the free circulation of ideas and opinions, as well as the arbitrary imposition of information and the imposition of obstacles to the free flow of information violate the right to freedom of expression.

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From the Organization of American States Inter-American Commission on Human Rights:

AMERICAN DECLARATION OF THE RIGHTS
AND DUTIES OF MAN
(Adopted by the Ninth International Conference of American States, Bogotá, Colombia, 1948)

....

Article IV. Every person has the right to freedom of investigation, of opinion, and of the expression and dissemination of ideas, by any medium whatsoever.

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Article 13 of the American Convention on Human Rights.

Freedom of Thought and Expression

1. Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice.

2. The exercise of the right provided for in the foregoing paragraph shall not be subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure: a. respect for the rights or reputations of others; or b. the protection of national security, public order, or public health or morals.

3. The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions.

4. Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject by law to prior censorship for the sole purpose of regulating access to them for the moral protection of childhood and adolescence.

5. Any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law.

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Ironically, the Honduran government ignores clear violations of number 5 above while going after someone with an opposing political opinion. Again, for anyone celebrating this attack on freedom of expression, please think about it. The next time it may be an attack on your freedom of expression or the people you agree with.


Related article: Honduras attacks freedom of expression

Wikileaks on Honduras

US Ambassador Hugo Llorens with Mel Zelaya
Photo: US Embassy

Wikileaks released a July 2009 communication from US Ambassador to Honduras Hugo Llorens to the Secretary of State and others. There isn't much new, except that Llorens admits that Mel Zelaya probably committed illegal and unconstitutional acts and/or intended to, something that the official US position never did.

VZCZCXYZ0000
OO RUEHWEB

DE RUEHTG #0645/01 2050023
ZNY CCCCC ZZH
O 240023Z JUL 09
FM AMEMBASSY TEGUCIGALPA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0237
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE IMMEDIATE
RUEHCV/AMEMBASSY CARACAS IMMEDIATE 0735
RHEHAAA/THE WHITE HOUSE WASHDC IMMEDIATE
RUEAIIA/CIA WASHDC IMMEDIATE
RHEFDIA/DIA WASHINGTON DC IMMEDIATE
RUEIDN/DNI WASHINGTON DC IMMEDIATE
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC IMMEDIATE
RUMIAAA/USSOUTHCOM MIAMI FL IMMEDIATE

C O N F I D E N T I A L TEGUCIGALPA 000645

SIPDIS

WHA FOR A/S TOM SHANNON
L FOR HAROLD KOH AND JOAN DONOGHUE
NSC FOR DAN RESTREPO

E.O. 12958: DECL: 07/23/2019
TAGS: PGOV KDEM KJUS TFH01 HO
SUBJECT: TFHO1: OPEN AND SHUT: THE CASE OF THE HONDURAN COUP

REF: TEGUCIGALPA 578

Classified By: Ambassador Hugo Llorens, reasons 1.4 (b and d)

¶1. (C) Summary: Post has attempted to clarify some of
the legal and constitutional issues surrounding the June 28
forced removal of President Manuel "Mel" Zelaya. The
Embassy perspective is that there is no doubt that the
military, Supreme Court and National Congress conspired
on June 28 in what constituted an illegal and
unconstitutional coup against the Executive Branch, while
accepting that there may be a prima facie case that Zelaya may
have committed illegalities and may have even violated the
constitution. There is equally no doubt from our perspective
that Roberto Micheletti's assumption of power was
illegitimate. Nevertheless, it is also evident that the
constitution itself may be deficient in terms of providing
clear procedures for dealing with alleged illegal acts by
the President and resolving conflicts between the branches
of government. End summary.

¶2. (U) Since the June 28 removal and expulsion of President
Zelaya by the Honduran armed forces, the Embassy has
consulted Honduran legal experts (one cannot find a fully
unbiased professional legal opinion in Honduras in the
current politically charged atmosphere) and reviewed the
text of the Honduran Constitution and its laws to develop a
better understanding of the arguments being parlayed by
the coup's supporters and opponents.


Read the rest of the (long) communication at Wikileaks.org .... if you can get in. The site was down most of the day today.


Thought: Is this a political act for which I can be punished?

Honduras attacks freedom of speech

Federico Álvarez Fernández
Photos: La Tribuna, Honduras

In the style of dictators and Hugo Chávez, dictator/president of Venezuela, the Honduran government of Porfirio Lobo is talking about expelling from the country a 34-year resident and retired businessman who is married to a Honduran and has raised his Honduran children and grandchildren here in Honduras.

Born in Costa Rica, Federico Álvarez Fernández has spent the majority of his adult life in Honduras. He arrived in 1977, when Honduras was still under a military regime, as the Costa Rican Ambassador to Honduras. He is a former president of the Central American Bank of Economic Integration (BCIE) in Honduras. He is active in the civic group Unión Cívica Democrática (UCD). His weekly opinion pieces on social, economic, and political developments are published in La Tribuna.

Álvarez has been a productive, contributing member of Honduran society for almost 34 years, serving for five years as Representative of the Interamerican Development Bank (BID in Spanish) in Honduras. He left BID rather than being transferred to Mexico because he had decided that Honduras was his home. He later became CEO of various Honduran banks until he retired and now serves on the Board of Directors of Banco Lafise.

Álvarez has been decorated by two Honduran presidents. He received the prestigious Francisco Morazán en el Grado de Gran Cruz Placa de Plata (the country's highest award) for his contribution to the democratization of Honduras from Roberto Suazo Córdova (1982-86), the country's first democratically elected president. He received the José Cecilio del Valle award from President Rafael Leonardo Callejas (1990-94) for his "outstanding" contribution to the economic development of Honduras. He was granted an honorary citizenship by the National Congress in December, 2009, for extraordinary service to Honduras. To understand what that meant to him, please read his article Hondureño (in Spanish).

Álvarez is a prolific writer and has written and distributed many thoughtful essays regarding the political crisis and the pressures that have been placed on Honduras to violate its constitution and laws by outside forces, including the Organization of American States.

However, Federico Álvarez also has been critical of President Lobo's handling of many matters. His focus is on adhering to the rule of law and the constitution, believing that is the way for Honduras to advance, not by bowing to political pressures.

This isn't the first time that Sr. Álvarez has been threatened by the Lobo administration. In June 2010, he was warned that Lobo had assigned a high level government official with the task of discrediting his reputation and that of Fernando Anduray, another critic of the Lobo administration. Anduray has a high level job in the government, but his wife was fired as Director of PANI, which she claimed was political retaliation for her husband's outspoken opinions.

After receiving honorary citizenship in December 2009, Álvarez decided that he wanted to become a naturalized citizen and submitted his application. On January 25, 2010, the Ministry of the Interior approved his request and extended to him the "Carta de Ciudadanía". He only learned of the supposed paperwork problems after being informed that the current Minister of the Interior Áfrico Madrid had declared on the Esdras Amado López television show on Channel 36 that he was going to cancel Álvarez's citizenship because of "missing" documents in his file.

Áfrico Madrid (remember him, the witch-hunter?) stated that Álvarez' paperwork was not in order and for that reason, "he could be invited to leave the country in the next days" — echos of Venezuela, where paperwork problems are the frequently named cause of hundreds of expropriated businesses and closed media outlets.

Madrid said that Álvarez failed to submit a "authenticated" birth certificate or a police record from Costa Rica. Since Álvarez has lived in Honduras for 34 years, perhaps a Honduran police record (or lack thereof) would suffice? It seems clear that the government was on a witch hunt, looking for something with which to intimidate Álvarez into not writing. Madrid stated clearly, "From now on, he is prohibited from participation in political activities that contravene the stability of the Honduran state".

Álvarez told me that he had been warned by friends for months that he should tone down his opinions because they were "causing discomfort to President Lobo". He has talked to several lawyers and all agree that this recent action is a gross violation of the law. However, he has not been able to defend himself because the Government has not given him written notice of their decision. He believes that it is clear that he may be able to recoup his nationality, but fears that the Government will keep trying to silence his voice by other methods.

Article 32 of the constitution of Honduras states that foreigners are not allowed to carry out (desarrollar) political activities. What is the legal definition of 'political activities' or will that change with each president? For that matter, what is the definition of 'desarrollar'? Is expressing a dissenting opinion a political activity? Is being a member of a civic group a political activity?

Unlike other foreigners who have been tolerated to enter and stay in Honduras during the past two years for purely political reasons to encourage protests, violence, and anarchy and to train, fund, and even arm radical groups in an effort to disrupt the country, Federico Álvarez is a man with deep ties to Honduras who exercises his freedom of speech to share his opinions. While the government ignores the former groups to appease the political "human rights" groups, a decent man with 34 years residency in Honduras is being intimidated and threatened with expulsion merely because he disagrees with the president.

But perhaps the message is not only for Sr. Álvarez. Perhaps the message is to the media in general. Is Honduras going to become a place where freedom of speech is discouraged, where open debate is prohibited, where politicians' actions cannot be questioned, where citizens and residents cannot express their displeasure with direction of the government without fear of retaliation?

That may be the intent, but it will backfire on the Lobo administration. They have the power to turn a writer into a martyr. Anyone anywhere in the world can and does write about Honduras whether they know anything about it or not. La Tribuna publishes opinion pieces from any writer of interest. There is no requirement to be a Honduran resident or citizen. Obviously, Álvarez can submit his articles from anywhere in the world. He will become a celebrity if he is expelled from Honduras which will likely widen his audience even more.

This is serious. Most of the foreign residents that I know are already intimidated from speaking their opinions publicly (many have told me so) for fear of government interference in or retaliation to their businesses, NGO's, or charity groups. Most Honduran bloggers outside of the resistance do not write about political matters. How many more citizens will think twice before expressing an opinion now? Honduras needs more citizen participation, not less.

For those in the resistance media and blogs who are celebrating this blow to Federico Álvarez, you shouldn't be. If the Lobo administration can witch hunt for 'paperwork errors' for one person, they can do it for you, too. And, if not this administration, maybe the next administration will. Any attack on freedom of expression is an attack on all freedom of expression. Those of you claiming political persecution to the world should know that better than anyone.

Who is next? Housewives who blog about the news and give their opinions about the political situation in Honduras? It wouldn't surprise me, because once you take that slippery slope, it is easy to push further and further like Hugo Chávez.

Just don't do it, President Lobo. It will tarnish your reputation all over the world where freedom of speech is valued and give credence to the many false claims of political persecution that have been made.


Related articles in Spanish:

Honduras Libre y en Democracía blog: Persecución Política
La Tribuna: Secretaría del Interior suspende naturalización a Federico Álvarez
La Tribuna: He cumplido con todos los requisitos exigidos por la ley
La Prensa: Áfrico Madrid: Federico Álvarez no es hondureño
La Tribuna: Áfrico Madrid: “No se le ha quitado nacionalidad porque nunca él fue juramentado” (In this latest article, Madrid seems to be backtracking, saying that Álvarez would revert to his former resident status rather than being expelled from the country.)

You can also read Federico Álvarez's opinion columns and judge for yourself whether he is a radical or in any way tries to destabilize Honduras.