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decree, announced it would be rescinded, but did not follow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