Some protesters held signs saying “Free Ruben Gonzalez!” — a union leader jailed on charges stemming from a 2009 strike at the state iron-mining company.

The doctrine of Hugo Chavez has long been authoritarian, extreme in fundamental nature and mired with the prospective of prospective casualties. His nationalization in the name of Bolivar has hindered corporate foreign investment and domestic policy and today we see greater evidence of its burden domestically.

Participants in Saturday’s march say they oppose attempts to punish labour leaders. The rights group Provea says more than 2,200 Venezuelans who have taken part in protests have been charged with crimes over the past five years.

President Hugo Chavez maintains his government is pro-labour. He defends expropriations of companies in sectors ranging from food to cement as necessary steps toward a socialist system.

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A recommendation has been submitted that Maria Lourdes Afiuni be held at her home after an upcoming operation, according to an email statement by Attorney General Luisa Ortega Diaz.

Afiuni was sent to prison in December 2009, hours after paroling a wealthy banker charged with gaming the country’s strict currency rules to pilfer tens of millions of dollars from the central bank.

Afiuni ruled that the banker, Eligio Cedeno, should be free after being held for 34 months because Venezuelan law forbids more than two years of pretrial detention.

The decision angered President Hugo Chavez, who claimed Afiuni and Cedeno had cut some sort of illegal deal. Authorities then arrested Afiuni on charges of corruption and accessory to an escape. Chavez said she should spend 30 years in prison. She has yet to be tried.

Her subsequent treatment in prison has been condemned internationally, with specifics truly horrifying. In its annual World Report, Human Right Watch mentioned Afiuni’s case as an example of the threat they believe the Chavez administration poses to the independence of Venezuela’s courts.

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One year after the devastating earthquakes which killed 230,000 and injured 300,000, over one million survivors live in appalling conditions. Make-shift tent cities provide less than adequate shelter in the capital Port-au-Prince and south Haiti. At night, predominately armed men roam these camps and women are facing serious risk of rape and violence.

“Women, already struggling to come to terms with losing their loved ones, homes and livelihoods in the earthquake, now face the additional trauma of living under the constant threat of sexual attack,” said Gerardo Ducos, Amnesty International’s Haiti researcher. “For the prevalence of sexual violence to end, the incoming government must ensure that the protection of women and girls in the camps is a priority.”

In an Amnesty International report, data collected showed that over 250 cases of rape had been reported in the first 150 days after the earthquake.

Although sexual violence had been prevalent in Haiti before the earthquake in January 2010, the current conditions have only provided more opportunity for violent sex crimes. The Police assistance to provide protection has been undermined by destruction of stations and court houses, which makes it even more difficult for women to report crimes and to find help.

Of the most fundamental human rights, of which all other core values and privileges extend, are each individual’s right to life and security in personal safety. These rights are inherent in birth and no one would disagree that it should be denied by any other person or government.

Haitians know it is up to the government to provide a safe environment, but they do not necessarily expect it. They do not have faith in their government to provide even basic necessities that most other governments provide such as access to clean water or paved roads because they have not done so in decades. They hear about millions of dollars coming into Haiti, but they don’t see any results of that money coming in. This leaves a beacon to non-profit organizations to provide help towards the most fundamental human rights.

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La Presna reports that the civil servant made the declarations after the actions of the United States against two high executives of LatiNode Inc. (LatiNode) who paid bribes to ex- Honduran civil servants.

The Government of the United States in December jailed LatiNode Executives Jorge Granados and Manuel Cáceres, for paying over a half million dollars in bribes to the ex- managers of Hondutel.

Cáceres left on bail on the 26th of December. When asked if the actions of the United States against the executives of LatiNode represent a message for Honduras, Guillén said: “the laws of each country are enforced by their respective parameters and obviously the Government of Honduras and the authorities therein will have to review, not only this one, but any other process that is within its right to evaluate”.

The National Commissioner of Human rights, Ramon Guard, and Executive Vice-President of the Arcadia Foundation, Robert Carmona-Borjas, requested the intervention of Honduras in this matter.

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The call came after from the United States arrested two executives of the company Latinode-Laurent Alcatel USA pleaded guilty for corrupt practices abroad.

As found by the U.S. Department of Justice, the two companies bribed former Honduran officials in exchange for preference in the procurement of telecommunications.

In the Latinode case, the Attorney General of Honduras accused the former managers of Hondutel, Marcelo Chimirri, Jorge Rosa and James Lagos as well as former legal counsel of the state, Oscar Danilo Santos and Julio Flores.

For the case of Alcatel, no one was brought to court, but yesterday the prosecutor reopened the investigation of this highly publicized case. “You can see the difference in justice systems; not that the American justice system is perfect, but it at least has fewer interventions and less impunity than that of Honduras,” he stated.

The Honduran ombudsman said he hopes the Honduran judiciary system acts as he did against Latinode and Alcatel USA, with regard to its procedure on other corruption cases.

“Politicians who promote impunity are bad rulers,” he said.

The Arcadia Foundation was aware of the corruption from the offset and began an extensive investigation, as El Heraldo reported.

Executive VP of the Foundation, Robert Carmona-Borjas said it must be an example for Latin America that U.S. courts are punishing those who bribe, in the case of these two companies.

“It remains to be seen in Honduras whether their government will punish those who issue bribes, who took advantage of their duties in office, and unlawfully, of the state’s resources,” he said.

The Arcadia Foundation research highlighted the deep and serious diligence conducted by the U.S. Justice Department, supported by other agencies.

“We know that U.S. authorities are taking all these cases and are confident that the Honduran authorities are going to be doing the same,” he added.

“It does not correlate when foreign authorities have to initiate justice when the real victims have been the Honduras national coffers,” he added. “The companies that bribed officials affected the interests of the Honduran people”.

“What we’ve done is simply report the facts of gross corruption,” he said. Carmona-Borjas regretted that former Honduran President, Manuel Zelaya did not take action after having been briefed of the allegations.

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Bernardo Alvarez, who has overseen Venezuela’s stormy relations with the U.S. since 2003, was expelled after Chavez on Dec. 28 said he was ready for the U.S. to break off diplomatic ties, Venezuela’s communications ministry said. Chavez has been refusing since July to welcome the Obama administration’s choice of Larry Palmer as its next envoy to Caracas and on Dec. 20 delivered an official letter of protest rejecting the nominee.

“We said there would be consequences when the Venezuelan government” refused to accept Palmer’s appointment, Mark Toner, deputy State Department spokesman, said in an e-mailed statement. “We have taken appropriate, proportional and reciprocal action.”

Chavez blamed the rupture of relations on the U.S. for sticking with a choice for ambassador who had “violated the most elemental international laws and conventions” by openly criticizing Venezuela.

“If the U.S. government is going to expel our ambassador there, then do it. If the U.S. government is going to break off diplomatic relations — do it,” Chavez said in comments carried on state television Dec. 28. “It’s not my fault. It’s theirs for naming an ambassador who immediately goes to the press to rant against the country where he is going as ambassador.”

In 2008, Chavez threatened to cut off oil sales to the U.S., only to back down after a week. Venezuela sells more than half of its oil output to the U.S., which got about 10 percent of its crude oil imports from Venezuela in September.

In all fairness, the move from Washington merely amplifies tensions between the two countries, further threatens U.S.-based businesses operating in Venezuela and will most likely see normalization in the near future. However, behind the lackluster shift in political tact are underlying themes of an autocracy and a less than foreign policy-savvy United States making dramatic moves ultimately to accomplish nothing more than compromising corporate foreign policy relations and hindering a more transparent Venezuela to human rights-concerned organizations.

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El Heraldo reports that the former CEO and the Vice President of LatiNode, Colombian-American Jorge Granados and Honduran Manuel Cáceres respectively, were arrested in Miami, where the company is based, said the U.S. Justice department statement.

Granados, 54, and Caceres, 64, are accused of criminal violations of the anti-bribery provisions of the Foreign Corrupt Practices Act and international money laundering, said the Department. The indictment of 19 charges was revealed on Tuesday.

If convicted, they could spend 20 years in prison and fines of several hundred thousand dollars, according to a statement released by the Department of Immigration and Customs Enforcement.

According to court documents, LatiNode is a supplier of Internet protocol technology to countries around the world, including Honduras. In December 2005, it added, LatiNode learned that it was the recipient of an “interconnection agreement” with Hondutel.

The agreement allowed LatiNode to use Hondutel telecommunications lines to establish a network between Honduras and the United States, and offer long distance services between the two countries. LatiNode was ordered to pay a fixed rate per minute at Hondutel in exchange for calls made to Honduras.

According to the indictment, shortly after winning the contract with Hondutel, the defendants requested a reduction in fees payable to Hondutel. The defendants also learned that a friend of a high-ranking elected official had been appointed as manager of Hondutel and contemplated terminating the contract with LatiNode.

Cáceres allegedly informed other officials of LatiNode it would be necessary to bribe Hondutel executives to get a preferred rate but more capacity. These executive, said the indictment, endorsed a secret agreement to give bribes to Hondutel executives both as a “minister of the government of Honduras who was appointed representative to the Board of Hondutel.”

The statement, said the U.S. Justice Department, allegedly paid bribes in exchange for maintaining the interconnection agreement and to receive reduced rates and other economic benefits from Hondutel.

“Between September 2006 and June 2007, the defendants allegedly paid more than $500,000 in bribes to officials, hiding many of the payments made by money laundering through LatiNode branches in Guatemala and Honduras accounts controlled by Honduran government officials,” he added.

The Arcadia Foundation continues to strive to expose corruption and promote the fundamental values behind human rights across the globe. With the support of our partners and indeed prospective partners, we can continue to do so. Please do reach out to our team should you wish to join the fight and support Arcadia in its ongoing mission.

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In the aftermath of another electoral setback this past September, and using the severe flooding affecting the nation as cover, Chavez and his outgoing National Assembly have been busily pushing through an unconstitutional package of laws that indeed, as Council on Foreign Relations International Affairs Fellow Joel D. Hirst writes, completes his 2007 project.

Attack on Freedom of Speech, Association, Democratic Governance and Private Property
Several of the proposed laws being debated (and set to be approved before the January 5, 2011 swearing in of the new parliamentarians) affect the rights of individuals to receive information, organize, and participate politically.

The new law in “Defense of Political Sovereignty and National Self-determination” forbids organizations and individuals that defend the political rights of Venezuelans from receiving foreign funding, having representation from non-Venezuelans, and even hosting individuals who express opinions that “offend the institutions of the state.” These would include human rights organizations such as Amnesty International’s Venezuelan chapter (among others). This law will be accompanied by the International Cooperation Law (included in the enabling law), which requires civil society organizations to re-register with the government, declare their plans and financing, and carry out work only in areas approved by the government and its national development plan.

The following rundown of the president’s legislative initiatives gives a flavor for how he seeks to cement power:

Media and Telecommunications. The modification of the Media Responsibility Law and the Telecommunications Law place severe restrictions on the Internet, centralizing access under the control of a government server. They re-categorize the airwaves as a “public good” and set in place harsh penalties for arcane and obtuse violations of the law. The laws require TV stations to re-apply for their licenses and for the owners to be in the country (a clear reference to Globovision, whose owner, Dr. Guillermo Zuloaga, is in political exile in the United States).

Electoral Reform. The reform of the Political Party Law establishes the crime of electoral fraud. Fraud would be committed if a politician changed parties, voted against legislation that was “ideologically represented” by their “electoral offer” (on file when they registered their candidacy with the National Electoral Council), or if they make common cause with ideas or people who are not ideologically akin to their electoral offer. Sanctions are the expulsion from parliament and inability to run for public office for up to eight years. This law is meant to protect against individuals or political parties turning against Chavez, as happened with the opposition parties of PODEMOS (We Can) and PPT (Fatherland for All).

Economy and Governance. Chavez is pushing through a block of five laws: Popular Power, Planning and Popular Power, Communes, Social Control, and the law of Development and Support of the Communal Economy. These laws establish the commune as the lowest level of Venezuelan economy and government. They set in place the Popular Power, which is responsible to the Revolutionary leadership (Chavez) for all governing (eliminating the municipalities and regional government’s constitutional mandate). To facilitate the creation of this new governance model, the Assembly is approving the Law of the System for Transferring the Responsibilities of the States and Municipalities to the Popular Power.

To cement these new communal laws, the National Assembly is also approving the modification of the Law for the Treasury and National Fiscal Control, cementing the new Popular Power’s role through the nation’s financial management structure.

Banking. The modification of the Banking Law makes the banking sector a public utility, setting the stage for potential nationalizations, and forces the banks to donate 5 percent of their profits to a social fund or risk takeover.

Universities. Universities in Venezuela have been constitutionally autonomous. The modification of the University Law removes their autonomy, allows the government to influence their leadership (both elected student leaders and board of directors). It requires teaching courses on Popular Power and communes, and focuses the pedagogy around revolutionary principles.

Enabling Law. The National Assembly is also passing an enabling law that allows the president to rule by decree for eighteen months in nine broad areas such as social, economic, territorial, and national security. According to Chavez, he already has the first twenty laws almost ready. While he has not divulged their content, he has made hints that they will focus on the forced acquisition of real estate “to deal with the crisis caused by the rains” as well as an increase in the value-added tax.

Following approval of the enabling law, Chavez has weighed in on the role of the recently elected opposition parliamentarians, saying: “They can have a commission, or not. They have their space, we have to let them. There will be a debate and that is interesting.”

Several of the proposed laws being debated affect the rights of individuals to receive information, organize, and participate politically.

However, in reference to the actual work of legislating he stated, “they won’t be able to make even one law, the pitiyanquis (a derogatory term used to refer to the opposition), let’s see how they are going to make laws now.”

The opposition has cried foul. Newly elected National Assembly Deputy Julio Borges said, “Have faith that the Cuban project will not prosper in Venezuela.” The Organization of American States, through its Inter-American Commission on Human Rights, has called the package of laws “extraordinarily grave.” Frank La Rue, the UN special rapporteur for freedom of opinion and expression, said he regretted the tenor of the bills.

For its part, the Obama administration has responded with unusually sharp language toward the Chavez regime, underscoring the gravity of the situation. State Department spokesperson Philip Crowley said Chavez seems to be finding “new and creative ways to justify autocratic powers.” He added: “What he is doing here, we believe, is subverting the will of the Venezuelan people.”
Crowley said the laws would appear to be a material violation of the Inter-American Democratic Charter. This charter was adopted on September 11, 2001 by the hemisphere’s thirty-four democracies. It was meant to protect OAS member countries from unconstitutional alteration of a constitutional regime. Article three outlines the essential respect for fundamental freedoms, the separation of powers, and the independence of the branches of government. Article four outlines the commitment to the freedom of press and expression. With the passage of these new laws, Venezuela would clearly be in breach of the charter.

The Organization of American States, through its Inter-American Commission on Human Rights, has called the package of laws “extraordinarily grave.”

Many human rights defenders, politicians, and analysts are questioning what can be done. The charter itself has the answer. Article twenty states:

“In the event of an unconstitutional alteration of the constitutional regime that seriously impairs the democratic order in a member state, any member state or the Secretary General may request the immediate convocation of the Permanent Council to undertake a collective assessment of the situation and to take such decisions as it deems appropriate. The Permanent Council, depending on the situation, may undertake the necessary diplomatic initiatives, including good offices, to foster the restoration of democracy.”

Should the laws go through as planned, the Obama administration, representing U.S. obligations as a member state of the OAS, must invoke article twenty. This would bring Chavez’ unconstitutional laws into the spotlight, and would begin the much needed hemispheric discussion on the status of Venezuela’s democracy. Failure to act in this way will diminish the United States as a democratic leader and place in question its commitment to defending democracy in the hemisphere and the world.

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El Pais issued a special editorial on Vanessa Núñez and the unfortunate circumstance she found herself if on the day of her 21st birthday. Vanessa did not celebrate her coming of age as any other young American would. Her 21st birthday meant also marked the first day one can receive a deportation order.

Núñez traveled from Venezuela with her mother and sister to the United States in 2003 to visit another brother. Once in Miami, she made a request for political asylum. The request was denied for the first time in 2006. All subsequent appeals were rejected. The student exhausted her last chance in September and would now only be able appeal before a federal court,with astronomical costs.

“I would have had to raise $ 10,000 in a month and that’s impossible,” she says.

Different courts have argued that they can not grant political asylum because her fear of living in Venezuela is not well founded. But Nunez’s trip to the United States began precisely out of fear. Her mother worked in the oil company PDVSA (Petroleos de Venezuela, SA) and its criticism of the Chavez government provoked persecution which drove them to leave the country. Nunez explained that her mother and sister have gotten permission to reside in the United States in different ways, but she has been left out.

“My fear now is to return to Venezuela. We have read reports about people seeking asylum in another country then you have problems renewing your passport or return to work in Venezuela. I would end up being an exile in my own country,” Núñez regrets.

The Venezuelan student is part of the Honors Program at the University of Miami – Dade, where she studied mechanical engineering. She also has the support of the university community. “I was lucky enough for a college scholarship to cover my tuition costs“. Now some teachers have launched a campaign to avoid deportation.

“I find it incredible that a woman with such potential is not protected in this country,” says David Demko, a professor of Núñez.

The young Venezuelan is one of the two million young students who have no residence permit. The Dream Act is intended to create a process for thousands of illegal immigrants to achieve citizenship through a university degree or entering the military. The bill was blocked in the Senate on September 21 and was one of the few remaining possibilities for Nunez to stay in U.S.. After the victory of the Republicans in past elections, Democrats might try to pass this law again before it changes the composition of the House of Representatives with a Republican majority next January.

Robert Carmona-Borjas, Arcadia Foundation founder and the first Venezuelan who won political asylum under President Hugo Chavez says that the application for asylum is a very serious process. “The pursuit policy must adequately demonstrated,” he says. “The terms refugee and political asylum, diplomatic asylum and territorial asylum are often confused, however, are different figures, subject to specific legal requirements.”

Nunez’s family can not help. Her mother has a permit that allows you to support a residency petition for her daughter. His sister cannot help either, because citizens can only sponsor immediate family requests, parents or children but not siblings.

“The Dream Act was our greatest hope, still is,” says the student. “They should approve it as soon as possible. When it was blocked in September it was like a slap in the face, very hard, very disappointing but, as we say, what does not kill you makes you stronger, so we will continue fighting.”

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“The formal establishment of the School of Defense will be the responsibility of the ALBA presidents. We consider that it is a very important advance,” Saavedra said. The minister did not provide details about the opening date, AP reported.

Building a militia in addition to already-established armed forces is undoubtedly however, more guerilla than good.

“The goal is to train not only military personnel but also civilians who are interested in security and defense issues. The coordination is being established with all the ALBA countries,” he said.

Bolivia’s army, which celebrated its bicentennial over the weekend, declared itself “socialist, anti-imperialist and anti-capitalist,” as President Evo Morales had requested.

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