[Congressional Record (Bound Edition), Volume 153 (2007), Part 9]
[Senate]
[Page 13307]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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 SENATE RESOLUTION 211--EXPRESSING THE PROFOUND CONCERNS OF THE SENATE 
 REGARDING THE TRANSGRESSION AGAINST FREEDOM OF THOUGHT AND EXPRESSION 
     THAT IS BEING CARRIED OUT IN VENEZUELA, AND FOR OTHER PURPOSES

  Mr. LUGAR (for himself and Mr. Dodd) submitted the following 
resolution; which was referred to the Committee on Foreign Relations:

                              S. Res. 211

       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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