The social role of journalists in Honduras is restricted under the official secrets law because they will not be able to report information that the state regards as “classified,” under the controversial new regulations. Credit: Thelma Mejía/IPS

By Thelma Mejía
TEGUCIGALPA, Jul 9 2014 (IPS)

The new official secrets law in Honduras clamps down on freedom of expression, strengthens corruption and enables public information on defence and security affairs to be kept secret for up to 25 years, according to a confidential report seen by IPS.

The Law on Classification of Public Documents related to Security and National Defence, better known as the official secrets law, was approved on the eve of the conclusion of the last parliamentary term, on Jan. 24.

“It [information about corruption] would be classified for 25 years, by which time the statute of limitations for prosecuting public servants for corruption would have expired, and no one would be held accountable,” says the IAIP
In a marathon two-day session, Congress approved a hundred decrees and laws to smooth the path of the new government of President Juan Orlando Hernández, who took office Jan. 27 and belongs to the right-wing National Party, like his predecessor Porfirio Lobo.

“This law lets the government behave like a cat that covers its own dirt,” shopkeeper Eduardo Tinoco told IPS wryly. He pays 20 dollars a week extortion money to one of the gangs that control El Sitio, a neighbourhood in the northeast of the capital.

“I pay taxes here for everything, even to be allowed to live, and that secrecy law will only be used to cover up the diversion of funds used for security and other government business. There are no two ways about it,” said Tinoco, who owns a small grocery store.

The law was blocked in October 2013 because of opposition from the Honduran Community Media Association (AMCH) and international groups, which regard it as a violation of the right to information and freedom of expression.

But it was reconsidered in January. How this occurred is not really known, because there are no audio records in the parliament archives that indicate when the bill was reintroduced, legislature officials told IPS on condition of anonymity.

A report by a team of experts for the Institute for Access to Public Information (IAIP) says that the official secrets law lacks a clear definition of “national security” and this ambiguity opens the way to discretionality, so that anything considered sensitive may be classified as secret.

The IAIP is the autonomous state body responsible for ensuring transparency in Honduras, according to the Law on Transparency and Access to Public Information. IPS obtained the report, which is due to be made public in a few weeks.

Article 3 of the official secrets law indicates that the following can be classified as confidential, in the interests of “national security”: “matters, actions, contracts, documents, information, data and objects whose knowledge by unauthorised persons may harm or endanger national security and/or defence and the fulfilment of its goals in these areas.”

The law sets four classification levels: private, confidential, secret and ultra secret, with periods of secrecy of five, 10, 15 and 25 years respectively, which may be extended as determined by the National Security and Defence Council which is responsible for classifying and declassifying material.

This Council is made up of the three branches of state, the Attorney General’s Office, the ministers of Defence and Security, the national Information and Intelligence Office and the chairman of the Joint Chiefs of Staff of the armed forces.

Information classified as “private” is lower level information, documentation or strategic internal material within state bodies that could cause “undesired institutional effects” if they came to light.

“Confidential” is the term attributed to intermediate level information, which could cause “imminent risk” or a direct threat to security, national defence or public order if it were made public, the law says.

Materials classified as “secret” are high level information at the national level, in the strategic internal and external spheres of the state, revelation of which poses an imminent danger to “constitutional order, security, national defence, international relations and the fulfilment of national goals.”

Finally, “ultra secret” is the highest level classification and is described as material which, if in the realm of public knowledge, would provoke “exceptionally serious” internal and external harm, threatening security, defence, sovereignty and territorial integrity, and the achievement of national goals.

Omar Rivera, of the Civil Society Group (GSC), an association of political advocacy and human rights organisations, told IPS that the “broad discretionality provided by the law is very worrying, because it provides a cloak of secrecy that can cover everything.”

His main concern is related to the security tax that has been levied on businesses and individuals for the past two years, as a contribution to the fight against insecurity and violence. This law “will make it impossible to get factual information on how the millions of dollars the state collects are spent,” he said.

The IAIP report highlights the same discretionalities, pointing out that any information about a public official being implicated in corruption can be classified as “ultra secret”.

In this case it would be classified for 25 years, by which time the statute of limitations for prosecuting public servants for corruption would have expired, and no one would be held accountable, the report analysing the law says.

Meanwhile, human rights expert Roberto Velásquez told IPS that the law directly targets journalism and freedom of expression, by putting a stranglehold on investigating or disseminating information.

He was referring to Article 10 of the law, which establishes that “when it can be foreseen that classified material may come to the knowledge of the media, these shall be notified of the nature of the material, and shall respect its classified nature.”

Also, any person having knowledge of classified information is obliged to “keep it secret” and report it to the nearest civil, police or military authority.

The new law directly contradicts the Transparency Law, in force for the past five years, by removing the IAIP’s powers to classify information regarded as secret, and overriding guarantees for freedom of expression and investigative journalism.

Doris Madrid, the head of IAIP, told IPS that it is hoping that the official secrets law will be reformed, on the grounds that it is unconstitutional and violates international treaties, but a proposal to revise or repeal it was turned down in Congress in March.

IPS learned that Transparency International made the signing of an agreement with the government on Open Budgets conditional on a revision of the law.

Honduras is regarded as one of the Latin American countries with the highest perception of corruption and insecurity. In April, the United Nations Office on Drugs and Crime (UNODC) indicated that this country of 8.4 million people has the highest murder rate in the world.

The Observatory on Violence at the National Autonomous University of Honduras reported this rate as 79.7 homicides per 100,000 inhabitants. But now the authorities have refused to give any more figures on violent deaths to the Observatory, its members have complained.

Rwanda’s Member of Parliament Veneranda Nyirahirwa says women in Rwanda have fought for political representation. In the Lower House of Parliament women occupy 64 percent or 51 out of 80 seats. Credit: Fabíola Ortiz/IPS

By Fabíola Ortiz
KIGALI, Apr 7 2014 (IPS)

When Rwandan Member of Parliament Veneranda Nyirahirwa was just a girl, she wasn’t allowed to attend secondary school because of her ethnicity. 

It was only in the wake of the country’s state-driven genocide in 1994 — where almost one million minority Tutsis and moderate Hutus lost their lives in 100 days — and after a new government took power that she was able to attend high school.

By then she was already in her twenties. "[Women have] become part of the reconciliation process, we reconcile and help to reconcile others. We are taking things forward.” -- Minister of Agriculture and Animal Resources Agnes Kalibata

But she seized the opportunity to receive an education.

Nyirahirwa, 43, is now starting her second term as a deputy in the country’s lower house of Parliament. She belongs to the Social Democratic Party (PSD), the second-biggest of the country’s 11 political parties.

She hails from Ngoma district, Rukumberi Sector in Eastern Province, and remembers that growing up there were many barriers imposed on minority Tutsis attending school.

“We were segregated because of the regime, it was a part of the country … where people who lived there couldn’t go to school due to ethnic problems. It was very difficult to get a place in secondary school,” she explained.

It was the disappointment of her childhood that spurred her on to fight for a seat in Parliament. “I was frustrated watching the ones who were leading our country and I wanted to change things.”

Like many Rwandans, Nyirahirwa lost relatives and friends in the genocide and says, “Every Rwandan must be aware of the causes of genocide and do his or her best to fight against it. I am a Rwandan and I don’t want to leave my country.”

Remains of some of the over one million victims of Rwanda’s 100-day genocide. Credit: Edwin Musoni/IPS

Things are certainly different now. Nyirahirwa says women here have fought for political representation.

“We are happy for this achievement and for being the majority. There was a time when women in Rwanda were not considered important for the development of the country and they did not have jobs,” she said.

In the September 2013 elections, the PSD won 30 percent of the vote, with Nyirahirwa being one of four women from the party to win seats in Parliament.

But Nyirahirwa’s success is not an anomaly here.

As Rwanda commemorates the 20th anniversary of the genocide this week with memorials across the country, this Central African nation has become a regional leader in promoting gender equity and women’s empowerment.

Women are leading the way in national reconstruction and are considered to be at the forefront of promoting peace and reconciliation. Women, in fact, are leading the nation.

• In the last parliamentary elections, Rwanda once again broke its own world record of being the country with the highest level of women’s participation in Parliament.
• According to the Rwandan government, average women’s representation worldwide in a lower house stands at 21 percent and 18 percent in a Senate or upper house.
• This sub-Saharan country has three times the world’s average of female representation in the lower house, with women occupying 64 percent, or 51 out of 80 seats. During the previous parliamentary term, from 2008 to 2013, women held 56 percent of seats in the lower house.
• Rwanda also has twice the world’s average of women’s representation in the Senate: some 40 percent, or 10 out of the 25 seats, are held by women.
• There are also 10 female ministers who head up key ministries including foreign affairs, natural resources and mining, agriculture, and health.

Gender empowerment became a reality after the war and genocide when the new government, currently led by incumbent President Paul Kagame of the ruling Rwandan Patriotic Front, took power. It was then, according to Minister of Agriculture and Animal Resources Agnes Kalibata, that the government began addressing national unity and women’s political participation as part of the reconstruction process.

Rwanda’s constitution, adopted in 2003, states that both men and women should occupy at least 30 percent of all decision-making bodies.

Kalibata said that now women are able to compete with men on equal grounds.

“We created a policy environment to give them a fair chance. Rwanda is leading this since we’ve had the decision that we needed to secure a place for women in employment and in the public space. We also want to try to influence the private sector to appreciate that,” she told IPS.

In her opinion, women are at the centre of national reconciliation.

“Empowering the women is part of nation building. Women are the majority and the major part of the agriculture sector. We know how to teach our children, how to handle our communities and how to build society.”

Nowadays, women are able to influence what happens in Rwanda, she argued.

“By influencing how our husbands think, we influence how our children think. And now in politics we also influence how the general population thinks. We’ve become part of the reconciliation process, we reconcile and help to reconcile others. We are taking things forward.”

Kalibata, who has been in charge of the ministry of agriculture for six years, admitted that reconstruction is still a challenge, especially in the field of agriculture.

It is estimated that 70 percent of Rwanda’s 12 million people live in the countryside, with women comprising the majority — 65 percent.

“This nation has had the worse nightmare that any country can have. It is fulfilling to have an opportunity to put it back together through agriculture; there are still many people whose lives can improve because they use agriculture to reduce their poverty,” she said.

When asked about the possibility of a female president, Kalibata said she was confident it would happen after seeing other women on the continent hold the post.

Africa already has three women presidents: Liberia’s Ellen Johnson Sirleaf, Malawi’s Joyce Banda and the new interim president of Central African Republic, Catherine Samba-Panza.

“Yes, a woman president would be great if she is competent enough. This is beginning to happen on this continent. If a woman becomes president it will be because she is extremely competent to manage this country and I would be very happy,” she concluded.

Meanwhile, Nyirahirwa will keep working to change the lives of the people living in Eastern Province. And she intends to stay in Parliament for over 10 years at least.

“There is a significant change: every Rwandan now has the right to education. Before it was difficult to get the right to go to school. Now, we have a chance to go to university and also complete an MBA,” she stressed.

“I want to ensure that every Rwandan is able to get any job anywhere.”