Original art by Mario Dávila

While we were distracted by Shrödinger’s default, our totalitarian, illegitimate and unconstitutional (same adjectives you’ve read over and over) Constituent Assembly was busy enacting the “Constitutional Law Against Hate, for Peaceful Coexistence and Tolerance” and, as you can probably guess if you know chavismo’s track record, the law aims to do exactly the opposite of what its name purports.

It starts soft. Article 10 declares September 21 as the National Day for Peace (and May as the month to Promote Peace and Coexistence)…

September, 21st of each year is hereby declared the National Day of Peace. Similarly, the month of May of each year is hereby declared the National Month for the Promotion of Peace, Cohabitation and the Fight Against Intolerance.

…which are things you don’t actually need a law for (there’s a reason we have a Criminal Code). And although Article 7 states that…

The State has the unavoidable responsibility to develop public policies to promote and guarantee peaceful cohabitation…

…the real meat of this stew lies in Article 11:

Any political parties and political organizations whose statement of principles, articles of association, political action programs, rules or activities are founded on or promote fascism, intolerance or hate based on nationality, race, ethnicity, religion, political or social affiliations, ideology, gender, sexual orientation, gender identity, gender expression and any other nature that constitutes inciting discrimination and violence will not be allowed to register before the National Electoral Council. Similarly, the registration of any political parties or political associations that do not comply with the present provision will be revoked.

All political parties and political organizations must establish within their disciplinary rules the preventive measure of suspension and the penalty of expulsion for individuals who do not comply with the present Constitutional Law.

The National Electoral Council will revoke the registration of any political parties and political organizations that fail to include these rules or to timely open, process and decide all disciplinary procedures for these reasons.

So, technically, it is strictly forbidden to provide for, or allow the creation or operation of entities, social movements and organizations that fail to comply with the aforementioned article.

Any institution or political party, whatever its nature and purpose, will be subjected to the judgement of a group of censors that will punish a whole organization for doing shit chavistas love to do and have been doing for over a decade.

The “law” punishes, for example, discrimination and “incitement to hatred” by reason of:

Religion…

Sexual orientation…

And political orientation…

We already have a Ley Resorte, but articles 12 and 13 read:

Article 12. All public, private and community radio, television and subscription service providers must disseminate messages for the promotion of peace, tolerance, equality, respect and diversity. To that order, the State may order the providers of these services to broadcast these messages for thirty minutes per week. National independent producers and social organizations and movements of People’s Power will be prioritized for the broadcast of these messages.

The Fund for Social Responsibility and the Fund for Film Promotion and Financing must prioritize financing for the production of contents aimed at promoting peace, tolerance, equality, respect and diversity.

Article 13. All campaigns and messages in favor of war and all apology of hate based on nationality, race, ethnicity, religion, political or social affiliations, ideology, gender, sexual orientation, gender identity, gender expression and any other nature that constitutes inciting discrimination and violence are hereby forbidden.

The State will guarantee compliance with this provision on all public, private and community radio, television and subscription service providers, as well as on digital media.

Meaning that self-censorship is here to stay, and that all media that steps out of line is liable to severe repercussions. How severe? Article 22 states that…

Any radio or television service provider that broadcasts messages that constitute campaigns in favor of war or apology of hate based on nationality, race, ethnicity, religion, political or social affiliations, ideology, gender, sexual orientation, gender identity, gender expression and any other nature will be sanctioned and their concession will be revoked, in compliance with the procedure established in the Law of Social Responsibility on Radio, Television and Digital Media.

…they will revoke your fucking broadcasting rights. And consider Article 20:

Everyone who promotes or incites hate, discrimination or violence against an individual or a group of individuals, either publicly or through any other means, for their real or alleged association with any particular group based on social affiliation, ethnicity, religion, political affiliation, sexual orientation, gender identity, gender expression or any other discriminatory reason will be punished with ten to twenty years in prison, without prejudice of the civil and disciplinary responsibility for damages caused.

They will punish whole institutions and the person who actually conveyed the “message of hate” with ten to twenty years in prison. This is a great moment to remember some of Diosdado’s greatest hits:

And who decides what’s a “message of hate?” The Commission for the Promotion and Guarantee of a Peaceful Coexistence, as stated on Article 15:

The Committee for the Promotion and Guarantee of Peaceful Cohabitation is hereby created, as an inter-institutional space in charge of diagnosing, organizing and establishing the guidelines of the public policy aimed at promoting and guaranteeing human dignity, the recognition of diversity, tolerance and mutual respect, as well as to prevent and eradicate all forms of violence, hate and intolerance based on political and social affiliation or any other kind.

Its members will be appointed by the fully chavista Constituent Assembly (Article 18). They will elect these committee members and there’s no reason or chavista precedent to make us even dream about having balanced, tolerant, qualified people in it. They’ve never appointed anyone who’s worthy of the job, why would they start now?

This thing (because its not a law), by the way, is also aimed at social networks. The last beacon of hope for the Venezuelan people to know what’s going on and to be informed. Venezuelans got their news (and yes, their rumors too) from social media. Networks are afraid of covering news and telling the truth because it might represent being sanctioned, fined or taken off the air with any excuse CONATEL can find. So, under this “law,” social media will be in pico e’ zamuro according to article 14:

The use of social and digital media to disseminate messages that promote war or incite hate based on nationality, race, ethnicity, religion, political or social affiliations, ideology, gender, sexual orientation, gender identity, gender expression and any other nature that constitutes inciting discrimination, intolerance or violence is hereby forbidden.

The legal persons that manage social and digital media must strictly comply with this provision and will adopt the appropriate measures to prevent the dissemination of these messages. To that end, they must immediately remove the dissemination of any campaign or message that violates it.

And, as we can read in the last article of this loving, caring, nurturing law something, these violations will haunt you forever, since they’re considered Human Rights violations.

Article 25. The acts established in the present Law will not prescribe as they are severe human rights violations.

There’s nothing scarier than a “law” written by a ruthless dictatorship blackmailing people and establishing “love” as a guiding state principle, but whatever they say, we hope we’ve given you the evidence to know where we stand. Erich Mielke himself would be proud.

16 COMMENTS

  1. “Any political parties and political organizations whose statement of principles, articles of association, political action programs, rules or activities are founded on or promote fascism, intolerance or hate based on nationality, race, ethnicity, religion, political or social affiliations, ideology, gender, sexual orientation, gender identity, gender expression and any other nature that constitutes inciting discrimination and violence will not be allowed to register before the National Electoral Council. Similarly, the registration of any political parties or political associations that do not comply with the present provision will be revoked.”

    Reader’s Digest Translation: Support “the project” or else.

  2. I have to disagree with you with “starting soft”. It start Orwellian.

    Artículo 4.
    El Estado, las familias y la sociedad, tienen el deber y derecho de promover una cultura y valores de paz, diversidad, tolerancia, igualdad, respeto mutuo y convivencia solidaria para prevenir y erradicar toda forma de violencia política, odio, discriminación e intolerancias, a los fines de asegurar la efectiva vigencia de los derechos humanos

    You have the DUTY to “promote culture and values of peace, diversity” and the rest of “paja”.

    Artículo 5.
    Todas las personas tienen el derecho y el deber de participar de forma directa y protagónica en la construcción de la paz y la convivencia solidaria, entre otras, en la formulación, ejecución y control de las políticas públicas en esta materia

    You have de DUTY to participate in whatever they decide “constructs peace and solidary convivence”

    Also a bit about

    “En el ejercicio de la responsabilidad de crianza, las madres, padres, representantes y responsables deben brindarles a los niños, niñas y adolescentes formación dirigida a promover una cultura de paz, el respeto a la diversidad y la vigencia de los derechos humanos.”

    So, as your responsability in raising a child, you HAVE to give your kid “education” in whatever they decide is “peace”, “diversity”, bla bla bla

  3. Buried in the middle of each of these is political affiliation, which was the intent of the entire law in the first place. And we all know who decides what is promoting war or hate or fascism as we’ve been hearing this for 19 years now. This is no surprise. But alas, it was created by an illegal assembly so has the same shelf life as this administration.

    • “… has the same shelf life as this administration.”

      I don’t know… maybe you want to keep this beauty in your back pocket. When things change, and they will eventually change, maybe this is one of the ropes that can be used to hang them.

  4. Today, the value of the Bolivar Fuerte (VEF, or Strong Bolivar) has devalued more than…

    10,000,000%

    since Chavismo assumed power

    Value of the VEF on February 1999 = .567
    Value of the VEF today (DolarToday) = 57,379

    10,119,753% (over a million percent increase in the last week)

    You’re welcome.

  5. Excellent, well sourced explanation of the new law.

    I can hardly wait to find out who will be head of the Commission for the Promotion and Guarantee of Peaceful Cohabitation. In keeping with the spirit of the legislation, I would suggest Iris Varela as a good pick.

  6. This is their excuse to SHUT OFF the internet effectively!!! And I have always said: deny the Venezuelans their internet and they will overthrow the government!! Here we go!

      • With simply reducing the download speed to a fraction they have more than enough.

        During the protests, the average internet speed across the country fell from 2Mbps to about 0,03 Mbps, even less than the old dial-up connections from years ago.

        With such a slow connection most social network sites will stop working altogether in Venezuela.

  7. Ladies and gentlemen, Mis Amigos, stupidity at its’ finest.

    Let us for a moment set aside the incredibly vile, totalitarian nature of this law and how it will be abused to all get out in an effort to complete the transformation of Venezuela into Castro’s Cuba. We already knew this and nobody aware of what the “Bolivarian Alternative” involved whether from Morales or Maduro should be surprised.

    Let us instead marvel at the spectacularly stupid Orwellian doublespeak that OUTRRIGHT CONTRADICTS ITSELF.

    Emphasis mine.

    “Any political parties and political organizations whose statement of principles, articles of association, political action programs, FASCISM, or activities are founded on or promote fascism, intolerance or hate based on nationality, race, ethnicity, religion, POLITICAL OR SOCIAl AFFILIATION, IDEOLOGY, gender, sexual orientation, gender identity, gender expression and any other nature that constitutes inciting discrimination and violence will not be allowed to register before the National Electoral Council. “

    Now just what does the PSUV think Fascism is?

    Last I checked, Fascism constituted an ideology, and its’ members were usually involved in political and social affiliations. And I check an awful lot since I’m a history nerd and wargamer as well as an Italian-American whose family got harassed by the original Fascists.

    Now, I think it is completely safe to say that Fascism is- like Marxism, Absolutism, and capital S Socialism- a uniquely evil and virulent ideology. But that doesn’t change what it is.

    So, by excluding the handful of non-Collectivo Fascists- the few Octogenarian Brownshirts and youthful goose steppers- is not this law violating itself and inciting discrimination and violence on the basis of ideology and political/social affiliation?

  8. This is a well presented article and backed by fact, well done.
    People need to keep politics out of Venezuelan governance, this is a Narco Regime and there is no governing or politics in a Narco Regime….. only power.

  9. “Constituent Assembly was busy enacting the “Constitutional Law Against Hate, for Peaceful Coexistence and Tolerance” and, as you can probably guess if you know chavismo’s track record, the law aims to do exactly the opposite of what its name purports” – Sound like something out “Fahrenheit 451.

  10. Isn’t it supposed to work the other way around? First they must enact a new Constitution, then they can develop the body of laws that comply with the new Constitution (if needed). How many articles of a new Constitution have they written? Anyway, better that they keep busy free drawing like this, instead of doing that.

    • If this was a legitimate Constituent Assembly, yes.

      But since its inception out of the ass of Maduro they have insisted that the ANC has powers just shy of God. It is the manifest will of the people, you see, so anything from making laws to justice to whatever the hell crosses their mind is not law but LAW.

      • The ANC isn’t legal because chavismo skipped the obligatory referendum to ask the people if they wanted prostituyente or not.

        And also because they asspulled more than 7 million fake votes in july 30, the same what they did in the regionals.

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