Human rights for all

Populisms are prone to use and abuse egalitarian terms such as "all of us", "popular", "socially inclusion" and so on and so forth.

Cristina Fernandez, as a proper populist, is well prone to follow the path, and so she provided us with "Meat for all", "Pork for all", "Milk for all", "Milanesas for all" (1), and last -but not least- "LCD TVs for all" governement's fixed price policies. The tricky idea is that we are all the same, and we are all entitled (thanks to Her grace) to have meat, pork, milk, milanesas and TVs. And what about all the other countless goods and services necessary and market provided? Well... we are not. Some may have gas, fruits and coats, for instance, and some will not. Taugh luck. I wonder what's taking her so long to launch similar populist programs covering any and all goods and services. Maybe because she is not as strong as the market at the time to create the incentives to produce, offer and provide all those countless goods and services?

Anyway, the thing is that together with those uncovered goods and services, principles and values are also not "included" in the "for all" scheme, and so it was soundly proved this week with the results of the DNA tests forcedly conducted on Marcela and Felipe Noble Herrera, which produced negative when compared  to those of people dissapeared  during the last military coup in the 70's.

But, a bit history first. Upon taking power in 2003, and for the next five years, late Nestor Kirchner and Clarin (the largest newspaper of Argentina) got along well, and their relationship developed in quite good terms, given that Clarin's editorials were not opponent at all, but quite favorable to Kirchner's governement.

But such a good relationship came to an end by 2008 (for several reasons -some known and other presumed-), giving birth to one of the most outrageously unconstitutional, non-republican and even ilegal attacks to the media in democratic times. Never before, as of restoration of democracy in 1983, the governement went so viciously after a particular news group as Nestor first and Cristina later, did against Clarin.

A few examples of such abusive exercise of the political power conducted by this administration are:

• In 2009, without any reasonable cause, judge order or previous notice, the AFIP (similar to the IRS in the US) appeared at the door of the offices of the newspaper, alledgely to conduct an inspection due to a probable taxes fraud. Given the size (Clarin is one of the largest companies in Argentina) and the scope of the "war" against them, it is materially impossible for that company to conduct any taxes fraud and get away with it. Hence, such a Bruce Willis motion picture procedure against the paper had no other intention but to create fuss and fear in its executives. As soon as Clarin's TV newtwork's cameras and journalists showed up, the AFIP inspectors flew.

• In February 2010, Clarin published that in October of 2008, late Nestor Kirchner buyed U$S 2 Million for the purchase of a luxurious hotel in Calafate (a beautiful location in Kirchner's home province of Santa Cruz). The currency purchase AND the hotel purchase called the media attention, given the sound suspicions of Kirchner's corruption and ilegitimate wealth. Cristina reacted feriously claiming that Clarin's publishing was du to another "operation against them by the media monopoly"
• In August 2010, Cristina Fernandez accused Clarin and La Nación (the second largest Argentine newspaper) to conspire, in 1976, with the military governement against the then owners of the major paper producer (Papel Prensa S.A.) to ilegaly acquire the majority of the shares of the company.  The state holds 28% of the shares. The actual purpose of Cristina Fernandez was to challenge the purchase of the shares 30 something years ago, in order to expropiate Clarin and La Nacion the ownership of their majority shares, and appoint government acquaintances as new shareholders. Were the procedure successful for her ilegitimate purposes, Clarin and La Nacion would have went off, since not in a million years Cristina Fernandez would have allowed them to continue buying the paper for their publishings. Fortunately, the last hope of our fading republican system (the Judicial Power) putted an end to her crazy, totalitarian ambitions, and Papel Prensa remains in power of Clarin and La Nacion which proved their legitimate acquisition of the shares. 

• August 2010. The government issued an inconstitutional presidential decree  ruling the closing of Fibertel, the internet service provider owned by the Clarin group. The foundation? Fibertel it's a monopoly and therefore, its closing is in favor of "all" internet users. Fibertel compites with Speedy, Arnet, Sion, Movistar, Claro and several many other smaller companies which provides with internet access all over the country. Fortunately, the company followed all available processes before Courts and never interrupted the provision of the service. Many individuals -clients of Fibertel-, me among them, also filed remedies before Courts and against this outrageous and abusive rule.
• October 2010. By the time, they realized that their "cruzade" had little chances to succeed, so they went straight forward and sent a law to the congress, promoting that paper provission was a state matter of public interest, and hence, subject to further (and more discretionary) regulation. Again, fortunately,  it didn't work either. 
• March 2011. From November 2009, through March 2011, 5 times both papers, Clarin and La Nacion, were prevented from distributing their sunday issues, do to illegitimate blocking of their trucks. The last of them took place on January 2011, and was conducted by a group of 60 people whom claimed being former employees of Clarin fired without reason. The case was that neither of them was fired without reason but for disobeying previous court orders issued against them in labor law cases. One of them was secretely taped by Clarin during his meeting with the newspaper's executives and lawyers, asking for $ 9 million as alledgely deserved compensation... in payment for not blocking the paper's building.

 Aside from the direct attacks to Clarin and La Nacion newspapers, the Kirchner's government sistematically attacked the press in general terms, accusing them to promote her overthrown from power by misterious "powerful forces" against the "national and popular" government which provides for the poor and needy, and goes against the rich and powerful... (ironically speaking, of course).

Pursuing such a magnanimous crusade (and proper to all populism and colectivism systems) may well justify attacking the constitutional freedoms of speech, of press and of work, being this attack a minor cost to pay,in view of a larger end: the "national and popular" demands.

But there is nothing like it, and quite the opposite Kirchner's government's only intention is to eliminate the republic and remain in power for good. Within a democratic scheme such purpose can only be achieve by eliminating the press, strong and resourceful enough to point out major corruption cases affecting the Kirchner's administrations. 

In the midst of the "war against the powerful" (leaving them - the Kirchner's- aside, of course), Cristina Fernandez suffered a major defeat last friday, when Court ruled that the DNA tests of Marcela and Felipe Herrera Noble turned out negative against the DNA of dissapeared people during the military government back in the 70's.

Why? Because Marcela and Felipe are the adoptive children of Ernestina Herrera de Noble, owner of... Clarin Media Group.

The Kirchners had no problem whatsoever with sweeping along its fight against the newspaper these two human beings, stepping on their human rights of being forced to defend themselves in a terribly long and painful case, in which even the kirchnerist judge Sandra Arroyo Salgado issued a court order allowing the police to seize Marcela's and Felipe's underware...in public. Later Marcela told the press that the police made them undress before 7 people, and they kept her panties ("for the prosecution").


As noticed, we may have "milanesas para todos", but human rights are available only for those in favor of the Kirchner's regime.

(1) Milanesas are a typical argentine dish, made of fried thin slices of breaded meat.