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The Venezuelan anti-terrorist law penalizes “anarchy” with 1 to 3 years in prison

THE TRUE REVOLUCIONARY | 28.08.2004 15:42 | Venezuela | Analysis | London | World

:: Commentary on the draft of the Anti-terrorist Law
Humberto Decarli

The draft of the Anti-terrorist Law resembles imperialist proclamations written by a unilateral power for the rest of humanity, and in particular for Uncle Sam’s backyard. After September 11, 2001, the United States have used the events of that day to put forth initiatives that are intended to persecute the terrorism that they themselves created during the Cold War, and which later turned against them with Osama Bin Laden and Saddam Hussein. In the context of the anti-terrorist movement, Washington has made a priority of instantly pursuing every global manifestation of their enemy -
the Al Qaeda network and other groups. The nations south of the Rio Grande
read the order and carried it out from various directions, among them the legislative. The Chavez administration, to be consistent in their collaboration with the North, has agreed to do its duty, and is doing it by means of the drafting of this law.
The statement of motives provides a complete explanation for the necessity in ratifying this legal instrument, based on all the usual, clichéd reasons.
Nevertheless, they were very careful to obviate State terrorism, which is as dangerous as the terrorism of Islamic fundamentalists. But such a belief is rejected by the world leaders and the leader Sabaneta acted accordingly.

Besides this, they are doing this in the name of the supposed “libertarian” tradition of the Venezuelan people, when even they themselves know perfectly well that the direction of contemporary history is a distinctly authoritarian one, because modern-day power has its roots in the Gomez dictatorship to centralise the State, form a (Prussian) armed forces, and destroy all signs of federalism.
The content of the draft gives a definition of terrorism in Article 3 which is conspicuous for its absence of terrorism by the State, and because of this omission, this system can produce it. Section 11 states “Anyone with the intention to terrify and cause anarchy...” will be penalised with one to three years of prison. The term “anarchy” is used in a conveniently broad sense, and the meaning is disorder. Regardless, sense it is a term with many meanings it could be interpreted as “anarchist,” and a fortiori, anyone who upholds or sympathises with libertarian ideas can be the active subject
of the crime. Titanic writing.

Article 12 punishes with 10 to 15 years anyone who in the name of terrorism encourages desertion in the practitioners of State violence. This is very
dangerous because it takes into consideration the principal factor of internal power and protects it excessively.
Article 13 penalises with 15 to 25 years the use of administration and the provision of financial resources for terrorism. This punishment is inspired by the Islamic networks that used secret finances and fiscal paradises in order to face their western masters. Section 21 grants the Public Ministry wide digression in allowing them to use any entity as an auxiliary medium.
Article 23 permits the suspension of regular legal procedures in the case of an accusation. This is a modus operandi typical of the American praxis in punitive matters. It permits the immediate expropriation of goods and services employed by terrorists by the oppressive judicial body, to the point of confiscation if there is verified imputability. (article 24).
Section 27 of this text allows the interception of communications when there is a suspicion of terrorist acts. There is a name for this kind of legislative expression: Al Qaeda. Finally, article 28 offers a compensation of a thousand bolivars as a reward for fighting terrorism. This is the mercenary justice we have come to expect of the Americans. We can conclude that this project perfectly fulfils the gringos’ goals in regards to terrorism. And Hugo Chavez’s regime takes special care not to affect the
international balance of power, because he is aware that this is the way to guarantee his permanence in the government.

In consonance with this behaviour, let us remember the payment of the external debt in its most rigid form, the Treaty of No Double Taxation with Washington and some European States; the contract to supply oil to the yankees which has turned Venezuela into a paradise for foreign investors which yields them a high profit but is not good for the country; it does not create jobs and drains the local economy into foreign markets.

Traducción: Erin



> Editorial of El Libertario # 34_ (Venezuela, Sept.-Oct. 2003)
[This editorial expresses the views of the Comision de Relaciones Anarquistas
(CRA) of Venezuela concerning the possible Revocatory Referendum on the mandate
of Hugo Chavez, promoted by his Social-democrats and right wingers opponents]

Michael Bakunin, big because of his height but also of his ideas, said in 1874 that it was impossible to carry out any type of social emancipation via centralist and authoritarian systems. The Russian thinker, one of the basis of the libertarian thought, led an intransigent polemic against Marx's ideas. Even though they both agreed on the suppression of inequalities taking the anti-capitalist struggle until the very end, the bearded anarchist opposed the idea that the only source of power was private ownership, contrary to what Marxists claimed. Bakunin went further in the understanding of human nature by introducing social and psychological elements in the revolutionary struggle.

The setting up of forms of domination are not only found in the private property over the means of production, but also in the monopoly of information and the taking over of social life by the State. Marxists thought that a transition period was needed, the "dictatorship of the proletariat", to create their promised ideal society. Bakunin, decades before their negative results, declared: "It is a lie that hides a leading minority more dangerous because it claims to be the expression of the so-called will of the people.
But this minority, according to Marxists, will be made up of workers. Yes, surely, of ex-workers that, as soon as they become leaders or representatives of the workers, will stop being such and will look down at the world of manual workers from the heights of the State; they will no longer, from now on, represent the people but themselves and their pretensions to govern the people.
Whoever doubts this knows nothing about human nature. The "revolutions" carried
out under the influence of those ideas have brought to power a new oligarchy that monopolizes directive functions of social life, thanks to the control of intellectual and
technical resources.

We, the anarchists, are convinced that the struggle against injustices demands a
fight against any kind of incontestable power. The State is not the product of society nor the result of class confrontations, it is rather its cause. If the Capital is confronted as the centre of the economical power, us, libertarians, fight with the same energy the
State as the epicentre of the political monopoly. "Wherever there is a State - quoting once more Bakunin - there is inevitably domination and, as a consequence, slavery; the State without slavery, public or hidden, is unconceivable: because of this we are
enemies of the State."

Therefore, after each election we observe the re-composition of a managing bureaucracy that leaves untouched the basis of the State and the unjust economical relations. Power is the goal of those who claim that account votes is the magical solution to a crisis whose roots are to be found in the system and the structures. A new political and cultural matrix is never born spontaneously in the ballot boxes,
it has got to bring with it a complex and coherent project for society. The lack of this was the reason why the Fifth Republic (the Chavez' regime) has been the exact copy of the Fourth (the old parties' system). For this reason: ¡Que se Vayan tod@s! (Let them all go!)... with their populisms, exclusions and demagogies. We are many that stay, organizing wills and affinities from below to truly revolutionize our surroundings.

As anarchists we support any process where the people participates and where it
is consulted. But, the revocatory referendums would be a more fertile and interesting process if it did not have the present limitations. Those who write the questions, limit beforehand the possible answers. "Yes" or "No" do not resolve anything. Both sides only want that the discussion ends with these irrelevant possibilities. Presently, the undeniable lack of truth opens up an array of all possible answers (ecological, feminists, anti-militarist, farmers.) are necessary to build, horizontally and from below, a tomorrow based on solidarity and freedom. This construction depends greatly on the destruction of the old structures. For now, here and in the rest of the world, we have to
confront lies and black mailing of, as Bakunin wrote in one of his letters, "the most disgusting and scary shit of our century: the red bureaucracy." We do not think any less of those on the other side. QUE SE VAYAN TOD@S...

THE TRUE REVOLUCIONARY

Comments

Hide the following 7 comments

fucking anarchists

29.08.2004 11:29

land reform for the poor, a national health service, a massive increase in literacy, better working conditions, nationalisation of state oil, and fuck loads of benefits.

are you *actually* arguing that the venezuelans are worse off under chavez?

you’re only pissed off cause the revolution wasn't an anarchist revolution!

its people like you "THE TRUE REVOLUCIONARY (sic)" who are SO narrow-minded and dogmatic that you make george bush and rumsfield look like open minded saints! its people like you who are only happy when the rest of us are in misery, and then hope that we'll have some "revolution" and dismantle the system of government. you could spend your time trying to help people, but NOOOOO you go around shouting "revolution", "smash the state", "no bosses, no borders" and wait for the stupid revolution which will result in anarchy - then the free market - then finally capitalism (again!)

yeah, well look where ANARCHY got somalia: the only country in the world without a central government for 13 years, and yes there was anarchy, warlord mentality ruled - that’s the fucking truth about anarchy the strong will ALWAYS RISE and the WEAK WILL ALWAYS BE EXPLOITED. you may argue in your stupid droning voice "only the state uses violence". WELL FUCK YOU DICKHEAD, I'D RATHER LIVE UNDER CAPITALISM THAT STALINISM OR THE FUCKING WARLORDS OF SOMALIA OR AFGHANISATAN OR IRAQ. and *most* people think the same, cause *we* THE MAJORITY do not support your stupid ideas hence: there has been no mass support for a revolution! even if we lived in fucking PARADISE you wont be happy then, until we have this super dooper anarchist revolution which will, erm, result in warlords.

FUCK THE REVOLUTION, BETTER LIVES FOR WORKING CLASS PEOPLE, BY ANY MEANS POSSIBLE!!

the revolution will not be televised


Death to all politicians

29.08.2004 12:55

And you just start drooling and grovelling in front of anything that looks vaguely left wing. "The true revolucionary" wasn't saying that Chavez is worse than the right, you're distorting his words while falling for all the leftoid propaganda. There's no fucking revolution in Venezuela, for fuck's sake! Some vaguely left wing populist general just got elected, that's all. The paltry breadcrumbs he's thrown at the venezuelan people to appease them are nothing compared to what is rightfully theirs - everything. No doubt the few improvements that have been made are better than nothing, but you over enthusiastically overstate their importance. The rich are still rich (that includes that army bastard) and the poor will always be poor while the powerful exist.

You fall into the same trap as everyone else - looking for improvements, you allow yourself to be used as a pawn by another group of the powerful.

But maybe you're just looking for some "great leader" to fawn over. In the 1930s you would probably have defended Stalin for similar reasons.

And Somalia - anarchy? What a load of bollocks. It's mostly rule of petty warlords - that's small-time government. That's such a lazy argument I shouldn't really bother replying to it. The anarchy we want isn't disorder, it is where everyone has an equal amount of power.

Isn't it OBVIOUS to you that GOVERNMENT is where the WEAK WILL ALWAYS BE EXPLOITED and the powerful rule, by definition?

Some of us have slightly greater ambitions than to be exploited by a different set of rich scumbags.

Matt A
- Homepage: http://www.afed.org.uk


death to the revolutionaries', there's is a reason why people dont listen to you

29.08.2004 18:34

quote: "You fall into the same trap as everyone else - looking for improvements, you allow yourself to be used as a pawn by another group of the powerful."

what the HELL is wrong with you!! of course we're looking for improvements! i want a raise from my boss, i want them to give us more holiday time, i want better cycle lanes to work! of course i'm looking for improvements mate! what else would i be wanting? a revolution which could potentially make my life MUCH worse?

quote: "The anarchy we want isn't disorder, it is where everyone has an equal amount of power."

yeah, and mate i want to spend the rest of my life on a tropical island with room service! does that sound unrealistic? because it is, and so is the anarchist dream. anarchist are just sooo childish! "i wanna revolution with fudge or NOTHING!!" the improvements made to venezuela are not paltry, they're significant recognition that the government obeys the whims of the majority and not the minority. of course its not perfect, but we live in a f'ing imperfect world - cant you bloody well see that?? people are born disabled, natural disasters happen, people fall out of love and they become very depressed. the world is not some perfect thing. whats happened in venezuela is an important *first* (not last, not even second from last) step in the right direction. and yes we *should* be happy.

if tony blair got impeached and the constitution(?) updated so as to make it a criminal offense for MP's to lie to the public, and a special regulatory body setup for this. then HELL i'll be celebrating! i'd be happy!! that'll be a GOOD STEP in the RIGHT direction (not the last step). most people on the left will be celebrating!

but let me guess? YOU anarchists WONT be happy? the rest of the country will celebrate the introduction of such a law, but you wont, will you? cause you didn't have your revolution with fudge.

fuck the revolution


...

29.08.2004 20:45

When you think about what has been happening in South America throughout history, I think you have to see what is happening in Venezuela as a positive thing. No, it is not the goal, but it is a step forward in the right direction, and let me ask you, just how quickly COULD revolutionaries move things forward in a country the US depends on so much for oil.
Chavez made significant steps in the right direction and just in doing THAT they tried to get rid of him, but he had the ground-roots support and the foresight to survive, and is now in a very strong position to make yet more positive steps, which we all have to work together for to achieve.
How much grass-roots support does your anarchist revolution have in Venezuela? Given that, could it survive a US funded coup or takeover. Chavez himself said it is better to actually engage with the issues of actually trying to address social injustice, than to stand by a flag of idealism and do absolutely nothing, which is frankly what a lot of anarchist groups and socialist groups do. Through sincere work, trying to tackle these problems, the correct model will emerge. Che and Castro did not call themselves communist. Then they engaged with the issue of freeing Cuba from Batista and in the process realised 'Shit, what we're doing is what Marx talked about'.
Rather than stand on a mountain, ranting and criticising, come and get your hands dirty, and help build a better world.

Hermes


"Anyone with the intention to terrify and cause anarchy..."

29.08.2004 23:33

er, it's pretty clear they're talking about the 'kidnap the president' type of anarchy (which happened quite recently, remember), not the 'grand banks' style of autonomous action - shame on you for the misleading headline! also, all of this must be put in the context of an ongoing, massive and very well funded campaign to crush the bolivarians and impose a military dictatorship, at least for a few years. and as i've said before on this site, pinochet killed the anarchists, too.

that's probably why the venezuelan people have chosen chávez to be their leader, chosen him to defend them against US-corporate-military imperialism, and why they appear to have no desire for anarchy in venezuela right at the moment. many anarchists here think that because it's not an 'anarchist movement' (whatever that is) they wont support it, which is obviously living up to the narrow-minded sectarian image many people have of us here. at least the marxists support venezuela's 'democratic revolution', even though chávez isn't a marxist - guess that tells you something.

as it happens, chávez is without doubt the most anarchistic president, ever! he's consistantly disolving power to the people (in how many other countries can the people vote out a president mid-term?) and doing stuff like decriminalising all drugs (yeah, what an authoritarian!) - in fact, i once saw him recommend a chomsky book to his people on his tv show! again, how many presidents would do that?

and how many told bush 'you cant fight terror with more terror' during the afghanistan war? that's right, only one: chávez; also the same guy who torpedoed the FTAA from within, single-handedly boosted the price of oil by pumping less (that's a good thing, in case you're confused), defied the US over 'plan colombia' and of course is building schools, hospitals, universities, social centres, thousands of grassroots radio-stations... clearly this is a class-war they are fighting in venezuela, and it's funny to see so-called 'anarchists' on the side of the rich and powerful elite!

i guess some people are so fixated with the idea of the 'state' being the ultimate enemy, they forget that there are bigger enemies of the people out there, like private power and the global corporate/war/media empire. nation states, like venezuela, can in fact be allies against these global enemies, but that point might be lost on those with a single-minded smash-the-state attitude; time to box-clever, folks!

pescao


don't trust them

30.08.2004 16:04

As soon as some populist leader comes along, all critical thought goes flying out of the window. Do you really think this anti-terrorist law is a good thing?

To achieve anything significant in their lives, people have to take power in their own hands, not wait for some impressive leader to do it for them.

To the person who brought up Che and Castro - they became as bad as Batista (incidentally there was a very large anarchist movement at the time in Cuba which they exploited and betrayed, just as they did to the people of Cuba).

Has Chavez really legalised all drugs? I really doubt that, but if it's true have you got any evidence?

Private power isn't more of an enemy than the state, it's the same enemy.

To the first guy, you totally distorted my arguments (and that of the el libertario article) - I admit I may have done the same to some extent to you, but you're taking the piss. Try reading rather than frothing at the mouth. OF course we want improvements, but we also have to see the bigger picture! Chavez isn't really that different from whoever-the-hell was there before him, and the best thing we can do is still grass roots direct action and self organisation, and not supporting some politician's career or other.

Matt (A)
- Homepage: http://www.afed.org.uk


evidence

30.08.2004 18:13

 http://www.bigleftoutside.com/archives/000313.php

January 15, 2004

Venezuela Decriminalizes Drug Possession

Today's neo-libertarians, if they truly believe what they claim to believe about freedom, really need to take a second look at Venezuela and it's president Hugo Chávez.

The democratically-elected government of Venezuela has survived attempted coups - military, economic, and mediatic - and keeps moving forward with the most sweeping reforms and advances in democracy and human rights in the hemisphere today.

The latest: a reform of the penal code that, while increasing penalties for drug traffickers like every other country, has just decriminalized possession. According to the oligarch's daily El Universal, which leads its report in a panic over the reform's simultaneous legalization of abortion and euthanasia, here's what the new law does for drug users:

"As personal dose for consumption, the (allowable) quantity of the drug substance is extended to that which is necessary for average individual consumption for no more than five days; and as a provisional dose, the quantity of the substance that is employed for average individual consumption (according to forensics experts) for no more than ten days."

In sum, the drug addict or user no longer faces prison or penalty in Venezuela if he possesses small amounts of his drug of choice (specifically mentioned by the law are marijuana, hashish, cocaine and its derivatives, opium and its derivatives, and synthetic drugs).

This is truly revolutionary. How and why did it happen? This giant step for drug policy reform and human freedom in this hemisphere happened because Venezuelan democracy was defended and US-backed coups were defeated. This historic development is a discrediting knockout blow to all the hysterical accusers who claimed that the government of Hugo Chávez would somehow become "authoritarian" simply because he and the Venezuelan majority don't agree that "the market" should govern their land.

The vestiges of McCarthyism or "Fear of a Red Planet" appeared in recent years even from some quarters that claim they want to liberalize drug laws. Our own newspaper, Narco News, took heat and sustained hard hits over the past two years in particular for our strong defense of Venezuelan democracy. "But that has nothing to do with drug policy," the fearful voices accused.

Today, you can see the whole truth, kind reader. Fear no more. In January 2004, Venezuela decriminalized the drug user and the small doses he possesses. And if the Bolivarian Republic of Venezuela sustains the inevitable backlash from Washington that will now come for daring to exercise its democratic will to increase human freedom, you will soon see other Latin American nations follow suit. Ecuador had already done it quietly (reported only by Narco News), but Venezuela's action, because of the size and influence of the country and its economy, and the context of its role in the current American drama, now provides cover for Brazil, Argentina, and the rest of the continent to do the same.

To those of you who wisely understood this connection between defending democracy in Latin America and reforming the insane war on drugs, and who raised your voices across the world to prevent the coups d'etat, this is your victory, too. Congratulations, remain vigilant, apply for your copublisher account to amplify your voice across the continents, and onward...

Update: This story is already having an impact in Brazil, a country where the Health Ministry, the Attorney General, the top Public Safety Secretary, and the President, Lula da Silva, all want to decriminalize drug users, too. Reporting from São Paulo, Ana Cernov took the initiative to translate this report of ours to Português today. I'll post that version in the "extended entry" slot, here, so it's available online. Muito bom.

Venezuela descriminaliza a posse de drogas

15 de janeiro, 2004
Por favor, faça circular

Caro Colega,

O novo modelo de jornalismo participativo do Narco News deve surgir em breve. Enquanto isso, aqui vai um furo de reportagem, que foi postado no meu blog:

 http://www.bigleftoutside.com/archives/000313.php

Os neo-libertários de hoje, se acreditam realmente no que dizem sobre liberdade, precisam prestar atenção à Venezuela e a seu Presidente Hugo Chavéz.

O governo democraticamente eleito da Venezuela sobreviveu a tentativas de golpes – militares, econômicos e midiáticos – e continua indo em frente com as reformas mais inovadoras para a democracia e os direitos humanos no hemisfério todo. A última: a reforma do código penal que, como em todos os países aumentou as penas para os traficantes de drogas, descriminalizou a posse delas.

De acordo com o periódico da oligarquia El Universal, que direciona suas reportagens para o pânico em relação à legalização, que ocorreu simultaneamente à legalização do aborto e a eutanásia, esta é a nova lei para os usuários:

“Como dose pessoal para o consumo, a quantidade (permitida) de substâncias ilegais pode alcançar o necessário para o consumo médio individual por não mais que 5 dias; e como dose temporária, a quantidade de substância não pode ultrapassar a dose média individual (de acordo com a polícia forense) para até 10 dias.”

Em suma, o viciado em drogas ou usuário não necessitará enfrentar prisões ou penas na Venezuela se tiver posse de pequenas quantidades de sua substância escolhida (especificamente mencionadas na lei estão: maconha, haxixe, cocaína e seus derivados, ópio e seus derivados e drogas sintéticas).

Isto é realmente revolucionário. Como e por que isso aconteceu? Este passo gigante para o movimento de reforma das políticas de drogas e para a liberdade do ser humano no hemisfério foi dado porque a democracia venezuelana foi defendida e os golpes apoiados pelos Estados Unidos derrotados. Este fato histórico é um tapa na cara de todos aqueles acusadores histéricos que afirmaram que o governo de Hugo Chavéz se tornaria “autoritário” simplesmente porque ele e a maioria do povo venezuelano não concorda que o “mercado” deva governar suas terras.

Os vestígios do McCarthismo ou “medo de um planeta vermelho” apareceu nos últimos anos mesmo em alguns setores que querem a liberalização das drogas. Nosso informativo, Narco News, recebeu muita pressão e teve que lidar com muitos golpes nos dois últimos anos, em particular em nossa defesa clara da democracia venezuelana. “Mas não há relação alguma com a política de drogas”, acusaram algumas vozes temerosas.

Hoje toda a verdade foi revelada, caro leitor. Não tema. Em janeiro de 2004, a Venezuela descriminalizou o usuário de drogas e a posse de pequenas doses. E se a República Bolivariana da Venezuela sustenta o inevitável revide que logo virá de Washington, pela ousadia de exercitar suas vontades democráticas a fim de aumentar a liberdade dos seres humanos, você verá que outros países latino-americanos a seguirão. O Equador já o fez em silêncio (conforme reportagem do Narco News -  http://www.narconews.com/Issue29/article703.html ), mas a ação venezuelana, em razão do tamanho e influência política e econômica do país, e seu contexto no atual drama americano, agora fornece cobertura para que Brasil, Argentina, e o resto do continente façam o mesmo.

Para todos os que compreenderam esta conexão entre a defesa da democracia na América Latina e a reforma nesta insana Guerra às Drogas, e que levantaram suas vozes pelo mundo para prevenir os golpes de Estado, esta é uma vitória sua também. Parabéns, permaneça alerta, inscreva-se para uma conta de co-editor para ampliar o espectro de alcance da sua voz pelos continentes, e além...

Inscreva-se para sua conta de co-editor do Narco News na página:  http://www.narconews.com/copublisher/application.php

De algum lugar no país chamado América,

Al Giordano
Editor
Narco News Bulletin
 http://www.narconews.com/

O Narco News é apoiado pelo:
The Fund for Authentic Journalism
P.O. Box 71051 Madison Heights, MI
48071 USA
 http://www.authenticjournalism.org

O fundo recebe doações online na página:
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Inscreva-se para sua conta de co-editor do Narco News:  http://www.narconews.com/copublisher/application.php

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