Tuesday, January 12, 2010

Human Rights Legislation Divides Brazil, Lula's Cabinet

A human rights bill supported by President Lula da Silva is causing a major stir in Brazil. As the BBC reports yesterday, the package of human rights related legislation included in the president’s National Human Rights Plan includes establishing a truth commission to investigate abuses committed during the country’s two decade long dictatorship (1964-1985). This has angered top military officials who said they plan to resign if the legislation goes forward. (The Catholic Church and the media have also been critical of the plan). And so this week Lula has agreed to review the plan in an attempt to head off a wave of resignations, including that of his defense minister, Nelson Jobim. Among those who have spoken with words of criticism about the plan is former Brazilian president Fernando Henrique Cardoso who tells the BBC that he believes the PT is making an “unnecessary political issue” out of the matter by only investigating those crimes committed by the state officials. “I don’t think it was necessary to produce this unrest… I think they are creating an unnecessary political issue - and with this an obstacle to what is important, which is to know the truth about the past,” says Cardoso.

On the other side, however, human rights advocates—among them, the president’s own Minister of Human Rights, Pablo Vanucchi—are demanding the president hold strong against the military and other critics of the plan. For his part, Mr. Vanucchi also said Sunday that he is prepared to resign should Lula allow the military to review the bill. Discussing the idea of investigating crimes by both the state and guerrilla groups, Mr. Vanucchi has made it clear where his ministry stands. “No way can you put torturers and tortured on the same level. One side acted illegally with the support of the State and the other was judged, imprisoned, disappeared and killed.” An amnesty law which protected state officials from prosecution during the transition back to democracy is also currently under examination by the Brazilian Supreme Court, adding to fears within military circles. More in Spain’s El País which examines other components of the 73 page National Human Rights Plan that is causing a fissure between the right and left wings of the president’s coalition. While in the New York Times this morning, a piece reviewing the newly released film, “Lula, the Son of Brazil,” which opponents of the president say is unfair propaganda as election time approaches.

Around the region today,

· There have also been rising tensions between the government and opposition in Nicaragua in recent days. On Saturday, President Daniel Ortega issued a decree that could extend the terms of various state officials, ordinarily selected by the country’s National Assembly which is currently unable to secure the 56 of 91 deputy votes needed on the matter. Among the 25 positions which will be affected by the decree, says the BBC, are Supreme Court justices, the Supreme Electoral Council, the general comptroller, and the country’s human rights ombudsman (a post which has remained vacant since the end of last year). As Reuters reports, Mr. Ortega’s decree, allowing the current electoral tribunal to remain in place, will go into effect Friday if the National Assembly does not act this week. The opposition has denounced the measure publicly, calling Saturday’s move “unconstitutional” and another step toward Mr. Ortega’s bid for re-election in 2011. A group of 17 lawmakers, led by Congressman Eduardo Montealegre, has even gone so far as to call for Mr. Ortega’s impeachment. In a statement Sunday, the lawmakers said:

“According to the Constitution, President Ortega can be declared incapacitated to continue governing the country (now that he's shown) he can't even follow the most basic attribution of a chief of state, which is to comply with the Constitution and the laws.”

For his part, Mr. Ortega has accused the National Assembly of trying to “create chaos” and “paralyze” his government by not proposing candidates or holding elections to replace the officials.

· In Venezuela, more on the ripple effects of last Friday’s currency devaluation announcement. After warning business owners that their stores would be seized by the military if they raised prices after the devaluation, President Chavez stuck to his promise beginning Monday when over 70 shops were shut down for at least 24 hours by government inspectors backed by Venezuelan soldiers. The LA Times reports on “Venezuelans flocking to stores to snap up appliances, auto parts, electronics and other imports before they feel the full impact” of the devaluation which cuts the value of the bolívar by half against the dollar. And the Miami Herald says the U.S. is likely to be impacted negatively by the devaluation as most US exports to the country saw their prices essentially doubled overnight. Also, on tensions in the U.S.-Venezuela relationship, U.S. officials are denying that a counternarcotics plane entered Venezuelan airspace illegally last week. Mr. Chavez claimed a US jet entered Venezuelan airspace twice last week but the U.S. government now insists the incursion (and photo) cited by Mr. Chavez was from an incursion in 2008.

· From Honduras, news Monday that the Supreme Court—no friend of deposed President Mel Zelaya—has agreed to hear a request by the country’s chief prosecutor claiming top military officials abused their power by sending Zelaya out of the country by plane on June 28. The court released a statement Monday, writes the AP, saying it has asked the six members of the Joint Chief of Staff to attend a hearing on the matter Thursday. However, the wire service notes that “it is unlikely the court will charge the officers given that “the high court has repeatedly ruled or advised against reinstating Zelaya as president.” The Honduran Congress also takes up the issue of amnesty this week and Zelaya went on the radio to publicly state his opposition to the proposal. According to the ousted Honduran leader, the country needs “reconciliation, but with justice.”

· And finally the human rights group, Human Rights First, has a recent press release, praising changes made to the 2010 Foreign Operations Appropriations Law which will now tie part of US aid in Guatemala and Colombia to the protection of rights activists in those countries. See the full release here for more.

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