[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 211 Agreed to Senate (ATS)]







110th CONGRESS
  1st Session
S. RES. 211

      Expressing the profound concern of the Senate regarding the 
 transgression against freedom of thought and expression that is being 
           carried out in Venezuela, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2007

 Mr. Lugar (for himself, Mr. Dodd, Mr. Biden, Mr. Hagel, Mr. Coleman, 
Mr. Obama, Mr. Sununu, Mr. Nelson of Florida, Mr. McCain, Mr. Isakson, 
 Mr. Martinez, Mrs. Clinton, and Mr. Kennedy) submitted the following 
  resolution; which was referred to the Committee on Foreign Relations

                              May 24, 2007

                Reported by Mr. Biden, without amendment

                              May 24, 2007

                        Considered and agreed to

_______________________________________________________________________

                               RESOLUTION


 
      Expressing the profound concern of the Senate regarding the 
 transgression against freedom of thought and expression that is being 
           carried out in Venezuela, and for other purposes.

Whereas, for several months, the President of Venezuela, Hugo Chavez, has been 
        announcing over various media that he will not renew the current 
        concession of the television station ``Radio Caracas Television'', also 
        known as RCTV, which is set to expire on May 27, 2007, because of its 
        adherence to an editorial stance different from his way of thinking;
Whereas President Chavez justifies this measure based on the alleged role RCTV 
        played in the unsuccessful unconstitutional attempts in April 2002 to 
        unseat President Chavez, under circumstances where there exists no filed 
        complaint or judicial sentence that would sustain such a charge, nor any 
        legal sanction against RCTV that would prevent the renewal of its 
        concession, as provided for under Venezuelan law;
Whereas the refusal to renew the concession of any television or radio 
        broadcasting station that complies with legal regulations in the matter 
        of telecommunications constitutes a transgression against the freedom of 
        thought and expression, which is prohibited by Article 13 of the 
        American Convention on Human Rights, signed at San Jose, Costa Rica, 
        July 18, 1978, which has been signed by the United States;
Whereas that convention establishes that ``the right of expression may not be 
        restricted by indirect methods or means, such as the abuse of government 
        or private controls over newsprint, radio broadcasting frequencies, or 
        equipment used in the dissemination of information, or by any other 
        means tending to impede the communication and circulation of ideas and 
        opinions'';
Whereas the Inter-American Declaration of Principles on Freedom of Expression, 
        approved by the Inter-American Commission on Human Rights, states in 
        Principle 13, ``The exercise of power and the use of public funds by the 
        state, the granting of customs duty privileges, the arbitrary and 
        discriminatory placement of official advertising and government loans; 
        the concession of radio and television broadcast frequencies, among 
        others, with the intent to put pressure on and punish or reward and 
        provide privileges to social communicators and communications media 
        because of the opinions they express threaten freedom of expression, and 
        must be explicitly prohibited by law. The means of communication have 
        the right to carry out their role in an independent manner. Direct or 
        indirect pressures exerted upon journalists or other social 
        communicators to stifle the dissemination of information are 
        incompatible with freedom of expression.'';
Whereas, according to the principles of the American Convention on Human Rights 
        and the Inter-American Declaration of Principles on Freedom of 
        Expression, to both of which Venezuela is a party, the decision not to 
        renew the concession of the television station RCTV is an assault 
        against freedom of thought and expression and cannot be accepted by 
        democratic countries, especially by those in North America who are 
        signatories to the American Convention on Human Rights;
Whereas the most paradoxical aspect of the decision by President Chavez is that 
        it strongly conflicts with two principles from the Liberator Simon 
        Bolivar's thinking, principles President Chavez says inspire him, which 
        state that ``[p]ublic opinion is the most sacred of objects, it needs 
        the protection of an enlightened government which knows that opinion is 
        the fountain of the most important of events,'' and that ``[t]he right 
        to express one's thoughts and opinions, by word, by writing or by any 
        other means, is the first and most worthy asset mankind has in society. 
        The law itself will never be able to prohibit it.''; and
Whereas the United States should raise its concerns about these and other 
        serious restrictions on freedoms of thought and expression being imposed 
        by the Government of Venezuela before the Organization of American 
        States: Now, therefore, be it
    Resolved, That the Senate--
            (1) expresses its profound concern about the transgression 
        against freedom of thought and expression that is being 
        attempted and committed in Venezuela by the refusal of the 
        President of Venezuela, Hugo Chavez, to renew the concession of 
        the television station ``Radio Caracas Television'' (RCTV) 
        merely because of its adherence to an editorial and 
        informational stance distinct from the thinking of the 
        Government of Venezuela; and
            (2) strongly encourages the Organization of American States 
        to respond appropriately, with full consideration of the 
        necessary institutional instruments, to such transgression.
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