Honduras: ‘State of Emergency’ Decree Restricts Freedom of Expression and the Right to Dissent

Article 19 press release, received today

For immediate release – 30 September 2009

Honduras: ‘State of Emergency’ Decree Restricts Freedom of Expression and the Right to Dissent

Presidential Decree PCM-M-016-2009 was adopted on 26 September and declares a ‘State of Emergency’ in Honduras. The Emergency unduly limits freedom of expression and has already been used to close down the broadcasters Channel 36 and Radio Globo.

These closures follow a series of worrying incidents regarding freedom of expression since the 28 June coup. ARTICLE 19 calls on the Honduran authorities to rescind the Emergency and allow Channel 36 and Radio Globo to broadcast as normal.

The Emergency was adopted shortly after the 21 September return to Honduras of ousted President Manuel Zelaya and will last for at least 45 days, with the possibility of extension. The Emergency partly suspends, among other things, constitutional protection for freedom of expression, for the press and for assembly.

In particular, the Emergency allows the authorities to “halt the coverage or discussion through any media, be it verbal or printed, of demonstrations that threaten peace and public order” or that “compromise the dignity of public servants and or governmental decisions”.

National broadcasters Channel 36 and Radio Globo have been taken off-air and their equipment has been confiscated. Both openly opposed the coup and have faced ongoing harassment in the form of power cuts and signal jamming.

Earlier in September, David Romero, the director of Radio Globo, was charged with defamation. Now both David Romero and Esdras Amado López, the director of Channel 36, are in hiding due to concerns about their safety.

ARTICLE 19’s Johannesburg Principles on National Security, Freedom of Expression and Access to Information state: “In time of public emergency which threatens the life of the country … a state may impose restrictions on freedom of expression and information but only to the extent strictly required by the exigencies of the situation and only when and for so long as they are not inconsistent with the government’s other obligations under international law.”

The situation in Honduras clearly does not conform to these conditions.

The Inter-American Court of Human Rights has noted that: “the same concept of public order in a democratic society requires the guarantee of the widest possible circulation of news, ideas and opinions, as well as the widest access to information by society as a whole. Freedom of expression constitutes the primary and basic element of the public order of a democratic society, which is not conceivable without free debate and the possibility that dissenting voices be full heard.” (Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism Advisory Opinion OC-5/85 of November 13, 1985, Series A No. 5, para. 69)

ARTICLE 19 is deeply concerned about these drastic measures by the Honduran authorities. The Emergency cannot be justified. The closure of the broadcasters that have opposed the coup restricts the right of Hondurans to receive a variety of views and perspectives about matters of public interest.

ARTICLE 19 calls on the National Congress of Honduras to abrogate the Presidential Decree of the State of Emergency, in accordance with Article 187 of the Honduran Constitution. We also call on the authorities to return seized equipment to Channel 36 and Radio Globo, and to let them continue to broadcast freely.

FURTHER INFORMATION:
• For more information: in London, please contact: Oliver Spencer, oliver [at] article19.org +44 20 7324 2500. In Mexico, please contact: Ricardo Gonzalez, Programme Officer, ricardo [at] article19.org, +52 55 10546500 ext. 103.

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