Independence flags hoisted on the 1st of July

About 50 flags of the Madeira Liberation Front (FLAMA) were hoisted all round the island to celebrate Madeira day (dia da Região). FLAMA, which between 1974 and 78 used terrorist actions such as car bombs to promote the independence of Madeira, has long thought to be extinct. Its former political leaders said as much, last year, denying any involvement of FLAMA in a similar flag-hoisting action. 

The flag-hoisting was used by Jardim to send Lisbon the message that it risks encouraging the growth of FLAMA if it does not accede to the Madeiran people's demands (i.e. his own). Jardim has always used the phantom of this terrorist movement to scare national governments into giving in to his demands and it is more than likely that elements of the ruling PSD party are behind this latest action. 

PSD parliamentarians are the driving force behind the organization Forum for Autonomy, which shares an almost identical acronym: FAMA. The forum issues 'on-demand' statements in favor of independence.

Moody's banned from Madeira

The rating agency Moody's is barred from entering public administration in Madeira, stated President Jardim on the 7th of July, at a public ceremony, after Moody's attributed Madeira a B1 rating. The Regional Government has seen its rating drop from Aa3, in July 2010, to A2 in December 2010, to Baa2 in March 2011, to Baa3 in April and now to B1. The level of Government debt has worried opposition parties for many years, but apparently is only now being acknowledged by the rating agencies. The Regional Government is unable to pay suppliers and is in danger of defaulting to banks. The large-scale public construction projects  - the emblem of the 35-year-old Jardim regime - have come to a halt, with banks refusing to take further risks. The Barreiros football stadium is one example. Already in February, faced with difficulties in obtaining further bank financing, Jardim called on the business community to give the banks a 'scare'. 'Its up to you to distinguish which are the financial companies still willing to collaborate with the economy and which are those who are unwilling.' He had previously threatened to announce which banks were not being cooperative with the Regional Government. Most banks remain unmoved by Jardim's  (tongue) muscle-flexing. 

Election Law Victory

The New Democracy Party (PND, of which I am a member) has already secured a victory for democracy in these elections, causing President Jardim to tone down his speeches and to cease violating the election law.

The PND was present at several inaugurations, contesting the President’s use of official state ceremonies for electoral propaganda in violation of election laws.

On the 29^th of May, the PND was held back by Police from accompanying the inauguration of the promenade between Praia Formosa and Câmara de Lobos. The committee included members of the municipal assemblies of Funchal and Câmara de Lobos. The PND was finally allowed to assist the ceremony, where once again Jardim victimized himself, complaining that Portugal’s fascist laws did not allow him to make electoral propaganda during state ceremonies. Watch, out, there are fascists out there, he warned. The PND subsequently raised a banner in protest.

Following the controversy, Police was informed by the local representative of the National Commission of Elections that they could not bar elected members form assisting state ceremonies. President Jardim made statement calling for the substitution of the judge representing the Commission in Madeira.

Days later, Securitas, a private security firm was hired to bar access to another inauguration ceremony, this time of the public electricity company. The National Commission of Election spokesman reacted, making a public statement to say that we could not be stopped from assisting these public ceremonies and that protest banners could also be shown on such occasions.

On the 30^th of May, the PND was again present at the inauguration of two EU-funded agricultural roads in Canhas. Despite heavy police and undercover agent presence, no attempt was made to hinder our presence at the event. President Jardim made no derogatory speeches against the opposition and even thanked ‘all those present’.

Whether this is a temporary victory remains to be seen.

Public Prosecutor’s Office considers immunities unconstitutional

The Public Prosecutor’s Office considers that the parliamentary norms of the Regional Parliament of Madeira are against the Constitution. This does not stop them being applied until they are declared unconstitutional by the Constitutional Tribunal.

The norm, introduced in 1991, that concedes immunity to the President of the Regional Government means that Jardim cannot be constituted ‘arguido’ without Parliamentary approval, a motion the PSD majority has never approved.

According to the Public Prosecutor’s office the judicial authorities or the Criminal Police do not need the Parliament’s authorization to inquire an MP who is constituted ‘arguido’ when the case against him involves crimes liable to prison sentences of three or more years. Nevertheless, the PSD determined not to authorize Miguel Mendonça, chair of the Regional Parliament to be heard in a case in which he is accused by the PND of ‘coercion of an institution’, namely for having an MP physically barred by a hired security firm from entering Parliament and for trying to suspend him unconstitutionally.

President ‘immune’ in Election Violations Case

Article in Publico , 21^st of May

More than 40 cases stopped awaiting lifting of parliamentary immunity

‘In terms of crimes, there are a number of cases which are dragging on, suspended, awaiting the lifting of parliamentary immunity or authorization to testify’, states the coordinator of the Public Prosecution office, Gonçalves Pereira in his report on the Funchal judiciary relating to the year 2010. Circa 40 are criminal cases.

In the parliamentary session held Wednesday, the same day President Jardim threatened to install criminal proceedings against Louçã, leader of the Bloco Esquerda Party, the PSD majority approved a motion, presented by Jardim himself, to not authorize Jardim to be constituted ‘arguido’ and be questioned by the Public Prosecution in a case of election violations, which had its origins in a complaint lodged by the New Democracy Party (PND). In the same session, the PSD authorized the lifting of Parliamentary Immunity of two Socialist MPs in cases brought against then by the regional Power.

The crime case brought by the PND against President Jardim considers that the latter participates in official inauguration ceremonies simultaneously as President of the Region and Party Leader, specifically when he appeals for votes for his own candidates and slates opposition candidates. The National Commission of Elections, an entity Jardim whose authority Jardim claims not to recognize and which he classifies as a ‘secret police’ of the Salazar dictatorship, has ignored similar complaints lodged by various parties.

One of these crime-cases, lodged by the PND regarding the 2007 elections, gave origin to the process identified as 1049/07.4 TAFUN. Two years after the occurrences, the Public Prosecutor’s office shelved the case, alleging that the court should only act in ‘extreme, unequivocal or flagrante’ cases, in other words, that the law was only violated when the office-holder favors his party or negatively affects another party in a gross way.

Notified that this process had been shelved, the PND leader lodged a hierarchical appeal only to be informed by the Public Prosecution that the alleged crimes had already prescribed at the time the case was shelved.

President to Eliminate Departments Accused of ‘Sabotage’

Drawing from the Stalinist lexicon, the President of Madeira stated yesterday: ‘My intention, if I continue in office, is to cut back all those public administration services which block, get in the way, or sabotage all investment’.

He reminded that he had given orders a few years ago to facilitate everything. ‘Happily, the Municipalities all played along, but some Public Administration Departments did not understand what I said and want to be a government within the government. Obviously that is going to end’.

The President announced his intention to ‘extinguish’ the departments that ‘perturbed the development of Madeira’ and ‘disturbed the life of the Municipalities’.

Many investments, by law, require a technical OK from different state departments. A few years ago, in the case of large investments by the President’s personal friends and henchmen, the Municipalities would waive all these requirements aside as formalities and approve any project regardless of legal requirements and of the urban regulations limiting the size and types of buildings allowed.

Some of these cases were taken to court, causing much distress among the President’s men.  Government departments were henceforth pressured to rubber stamp OKs, even when these were against all regulations: such as building mega-projects in environmentally protected areas.

Madeira Public Sector Debt over 4,2 Thousand Million

The financial situation of the companies formed by the Regional Government was discussed, on Sunday, with the negotiators of the EU Commission, International Monetary Fund and European Central Bank.

The total debt of the public sector businesses in Madeira reached 4221,2 million Euros at the end of 2009, a value almost three times that of the regional budget.

At the end of 2005, the debt accumulated by 35 directly government-owned companies had reached 1,76 thousand million Euros.

The Court Auditors, in relation to the year 2009, pointed to the technical bankruptcy of four ‘development societies’, whose negative equity reached 101,8 million, a value which increased a further 34,6 million in 2010.

Apart from these companies, created by Alberto João to circumvent the zero indebtment budget rule in order to be able to incur new debts for regional and municipal investments, twelve other companies were indicated as technically bankrupt, including the Regional Health Service, with a negative equity value of 116,3 million Euros, and the Jornal da Madeira newspaper, with over 30 million negative equity.

Government shares in public entities reached a nominal value of 286,6 million Euros in 2009. 85.7% of this value is concentrated in seven institutions: Health Services (145 million), Port Administration (28), Funchal Bus Company (15,6), ANAM Airport Services (13,5) Northern Development Society (10,1) and Porto Santo Development Society (10,5).

These companies’ objectives range from health services, to exploration of road infrastructures, electricity, urban transport, industrial zones, newspaper editing, sport clubs, banana production/ handling and soft drinks distribution.

Source: Público