TFH01: REGIME ISSUES DECREE

UNCLAS TEGUCIGALPA 001045 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PHUM ASEC HO SUBJECT: TFH01: REGIME ISSUES DECREE REF: TEGUCIGALPA 989 ¶1. (SBU) Summary. The de facto regime enacted a decree on October 5 providing for the revocation of the operating licenses of media outlets that violate national security and public order. This decree follows a decree severely curtailing civil liberties enacted on September 26. De facto regime leader Roberto Micheletti, in reaction to both domestic and international criticism of the September 26 decree, announced it would be rescinded, but did not follow through. This second decree may be an attempt to ensure that media outlets that support President Jose Manuel "Mel" Zelaya are kept off the air even after the first decree is abrogated. End Summary. Decree Provisions -------------- ¶2. (U) The de facto regime published a decree in the National Register ("Gaceta") on October 5 stating that for reasons of national security the penalties provided for in Article 28 of the Law on the Telecommunications Sector shall be enforced. (Note: Article 28 states that the state can, for reasons of national security, cancel telecommunications licenses and concessions with compensation. End Note.) The decree further instructed the National Telecommunications Commission (CONATEL) to exercise their legally constituted power to revoke or cancel the permits and licenses granted by CONATEL to radio and television operators who broadcast messages that defend: national hate, damage to property, and a regime of social anarchy against the democratic state. Justification for the Decree -------------- ¶3. (U) The decree states that the President of the Republic in the Council of Ministers presented reports provided by defense and security forces attesting that media organs in a systematic fashion propagated vandalism, causing damage to property to the extent of putting in jeopardy social peace and the security of the state and causing incalculable cost to the national economy. The decree states that public order and peace throughout the national territory must be urgently preserved. The decree recognizes that it is up to the state to guarantee liberty of thought and expression, but goes on to note that when the media violates national security and public order, it becomes imperative to execute the regulations established by law in conformity with the Interamerican Convention on Human Rights. ¶4. (SBU) Zelaya supporters have engaged in a graffiti campaign that can be seen throughout the capital and there have been some instances of vandalism in connection with demonstrations. CONATEL executed the decree curtailing civil liberties enacted by the regime on September 26 by issuing an order on September 28 suspending the licenses of pro-Zelaya television channel 36 and radio station Radio Globo. CONATEL, supported by the national police and military, entered the headquarters of Channel 36 and Radio Globo on September 28 and seized and removed their communications equipment and computers (See Reftel). The regime came under criticism both domestically and internationally for that decree. De facto regime leader Roberto Micheletti announced on October 5 that he would rescind the decree, but has not yet taken action to do so. ¶5. (SBU) Comment: This second decree seems to be an attempt by the de facto regime to ensure that the pro-Zelaya media remains muzzled before it lifts or modifies its previous decree. LLORENS