Decisive days...Wednesday 23

Prime Minister José Sócrates resigned after Parliament rejected austerity measures proposed by the minority Socialist government to help Portugal avoid having to seek an international bailout.

Sócrates and his party had long opposed a bailout because of the tough fiscal conditions it would bring.

Parliament's rejection of the proposals “has taken away from the government all conditions to govern," the out-going prime minister said in a televised statement after the vote. He said his government would remain in power in a caretaker capacity.

All of the opposition parties spoke against the government's austerity measures, which called for reduced pensions and state spending.

Finance Minister Fernando Teixeira dos Santos warned that a rejection of the government's plan "will provoke an immediate rise in the country's risk and immediate consequences in terms of credit ratings."

To have its  measures accepted and thus avert the collapse of the government, the Socialist Party needed 116 votes.The government has only 97 of the total of 230 seats in parliament.

Decisive days: Portugal on the brink

Portugal's minority Socialist Government could fall tomorrow. This is likely if the opposition centre-right Social Democrats (PSD) vote, as expected, against austerity measures designed to ease the country's huge debt burden and stave off a bailout.

Deadlock emerged yesterday when the PSD under Pedro Passos Coelho again refused to back new measures, thus making it likely that Prime Minister José Sócrates and his government will resign. (Coelho is on the left, Sócrates on the right of this photo).

Resignation would thrust Portugal into political limbo pending an early general election. Political limbo would further complicate an economic crisis at the very time Portugal and other Eurozone countries are trying to build investor confidence.

The Social Democrats, who are virtually assured of winning the next election, agree that the country must take radical steps to reduce the country's debt. They agreed to previous tax increases and pay cuts, but say proposed further measures, such as freezing old-age pensions, would be deeply unfair to more vulnerable members of society.

Hundreds of thousands of protesters have made their feelings clear in recent weeks by taking to the streets and holding strikes. Further demonstrations are in the offing.

The current frenzy of activity relating to Portuguese affairs continues on Thursday with Eurozone leaders meeting for a two-day summit on problems facing the bloc and, in particular, its weaker members. Then Portugal will be faced with finding cash to meet April and May bond repayments amounting to almost €9.5 billion.

Into the maelstrom next Monday at the start of a three-day visit will step the Prince of Wales and the Duchess of Cornwall who, among other things, are hoping to promote British business interests in Portugal.

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Prince Charles and Camilla to visit Portugal at a time of turmoil

There was something surreal about yesterday's announcement from Clarence House in London that the Prince of Wales and the Duchess of Cornwall are to pay an official visit to Portugal this month.

A delightful diversion for Portugal's upper echelons provided by their oldest ally?  An unintentional red rag to the hoi polloi in a debt-ridden republic at a time of political, economic and social turmoil? Maybe a bit of both.

This latest royal tour, which begins in Lisbon on 28^th March, will also take Charles and Camilla to Spain and Morocco. Although it was probably arranged many months ago, the timing and objectives now seem unfortunate.

It's a ten-day freebie intended to fly the flag for Britain. To be fair, it wasn't the royal couple's idea. They are making the trip at the request of the British Government. The main themes are trade and investment promotion, as well as climate change and the construction of low carbon economies.

In Lisbon, the Duke and Duchess will celebrate long-standing co-operation between the Portuguese and British Navies, support British trade and investment opportunities and highlight the work of the sizeable resident British community. The President of Portugal, Aníbal Cavaco Silva, will host an official dinner in the capital. There will be a morning trip to the historic city of Évora in the Alentejo, north of the Algarve.

This will be Camilla's first official visit to Portugal. Charles has been here twice before. Both are much more familiar with Spain. Charles has been there 10 times already and after Lisbon he and Camilla will be received in Madrid by the Prince and Princess of Asturias. Later they will be wined and dined by King Juan Carlos and Queen Sofia, old chums of Charles.

In Morocco they will be the guests of King Mohammed VI who has recently announced constitutional reforms in the face of demonstrations broken up in Casablanca last weekend by riot police. Clarence House would not comment on security arrangements for the tour except to say they would be “closely monitored.”

To put things further into context, the announcement by Clarence House came just three days after the Socialist Government in Lisbon introduced more controversial austerity measures. They did so without informing President Cavavo Silva or the opposition Social Democrats beforehand.

The new measures include cuts in operational and administrative costs for the state-run health service. Labour costs and unemployment benefits are also to be reviewed at a time when unemployment is at a record level of more than 11%. Manuel Carvalho da Silva, head of Portugal's largest union, CGTP, said the new measures "will create an even more severe recession in a country that is already stricken by poverty.”

Portugal is now close to the brink of political collapse. An early general election seems inevitable and all the indications are that the Socialists will be replaced by the centre-right Social Democrats with an absolute majority in parliament.

Meanwhile, hundreds of thousands of frustrated young people, the so-called Geração à Rasca, took to the streets of Lisbon, Oporto and elsewhere last weekend to air their feelings of hopelessness and protest about abysmal pay and job prospects. Today the Metro train system in Lisbon was brought to a total standstill because of a strike over pay cuts. Tomorrow, truckers protesting about rising diesel prices are expected to stymie filling-station supplies. In the Algarve, further disruptive protests are planned against the introduction of motorway tolls seen to be harmful to tourism and other local busineses.

In some ways, of course, nothing much has changed. There are the haves and the have-nots. The travails of the real world are still a far-cry from the niceties of royal receptions.

Modern values:
Money tops today's worries
The American Business Insider website reminded its readers on Monday this week that “the Portuguese are the most fearful people in Europe.” The comment referred to a survey conducted in 2002 by the US-based National Bureau of Economic Statistics. The survey concluded, for example, that 71% of Portuguese were fearful of a world war, 87% were scared of epidemics and more than half had anguish about mad cow disease. As worriers, the Portuguese were rated top of the EU pile, more angst-riddled than the Greeks and much more so than the Irish. And that was long before the emergence of the current economic crisis!

Another often commented upon feature of the Portuguese psyche is a well-developed concern about honour. That came to the fore on Tuesday when the news agencies reported Portuguese Prime Minister José Sócrates as saying that if Portugal accepted a Greek or Irish-style bailout it “would lose its prestige and dignity.” It would no longer be able “to present itself to the world as a country that succeeds in solving its problems.”

While the media are often keen to emphasise and even exaggerate difficulties, Sócrates cannot be accused of that - not when it comes to the bailout issue anyway. For months he has been insisting that Portugal does not need or want a bailout. He has been at pains to downplay the problems that many analysts believe make a bailout inevitable. He did so again after meeting German Chancellor Angela Merkel in Berlin last week.

“I believe that the responsibility of any political leader is to have confidence in the Portuguese people, confidence in his country," Sócrates declared yesterday, with a summit meeting of 17 eurozone leaders scheduled for this Friday.

But do the Portuguese people have confidence in their prime minister? He has done much to try to stabilise the economic situation but he has not done enough, say his critics. They include a large section of the country's youth who are expected to join street protests in Lisbon, Oporto and other cities on Saturday. The organisers are hoping for a massive, non-partisan and peaceful turnout.

The idea for the protests originated with three friends meeting last month in a Lisbon cafe. João Labrincha, 27, Alexandre de Sousa Carvalho, 26, and Paula Gil, 25. They decided to use Facebook to mobilise and give voice to the country's disenchanted youth, the so-called 'lost generation'.

In a few weeks, without spending a single euro, the trio had spread the word among tens of thousands of young people who see little prospect of secure, decently paid employment – or any employment at all.

Protesters will be encouraged not only to put their reasons for protesting in writing, but to suggest solutions. The plan is to deliver the paperwork to parliament. “With greater social dialogue between politicians, employers and civil society, you can change the situation in which we live,” said one of the organisers.

President Aníbal Cavaco Silva seems to agree. In a speech today marking the start of his second term as Head of State, he pointedly reaffirmed his "great confidence" in the country's youth. He expressed his "profound conviction" that young people could make a crucial contribution to building a more developed and fairer country, and one with greater credibility internationally.  

Money may continue for some time to be a major worry, but mercifully just now there is much less talk of a world war, epidemics or mad cow disease.

Beware the Ides of March!

March is shaping up to be a key month politically, economically and socially in Portugal.

If the Portuguese went to the polls tomorrow, the present Socialist government would be humiliated. The latest opinion poll shows that the centre-right Social Democratic Party (PSD) would win an absolute majority of nearly 48 percent. The Socialists (PS) would be left trailing in second place with just 29 percent.

Although a general election is not scheduled until 2013, the recently re-elected President Aníbal Cavaco Silva has the power to dismiss the prime minister and dissolve parliament if he feels the situation is serious enough to warrant such a measure. The President, although in theory above party politics, is a former leader of the PSD and it was the PSD who backed his re-election campaign.

The small left-wing Left Bloc in parliament has proposed a vote of no confidence in the government in March. Of greater importance is that for many weeks now, PSD members have been calling for the resignation of Prime Minister José Sócrates if Portugal is forced to go cap in hand and ask for a bailout. Most analysts now agree that it is not 'if' but 'when'. It is likely to happen in March - or April at the latest.

Despite Portugal's stubborn efforts to avoid it, ever-spiralling debt levels will almost certainly force the government to concede and ask for help from the European stability fund. It is already under pressure from EU countries, especially Germany, to follow Greece and Ireland in seeking a bailout. German Chancellor Angela Merkel has asked Sócrates to go to Berlin for a meeting to discuss the issue on Wednesday, 2^nd March. This is believed to be by way of preparation for further discussions on the same subject during EU summit meetings scheduled for 11^th March and 24^th March.

The economic and political tightrope walking is going on amid growing social unrest about pay-cuts, job losses, dwindling employment prospects, increasing unemployment rates and higher prices.. A huge turn out is expected in the streets of Lisbon on March 12th to vent public anger and make demands, such as cuts in senior civil servant benefits.

There is disquiet throughout the country, not just Lisbon, and not just among the young. In the Algarve, the major economic activity, the region's 'life-blood' -  tourism - is struggling. On top of everything else, Easter, the traditional start of the summer season, is late this year.

Tourism is not going to be helped by the introduction of tolls on the A22 trans-Algarve motorway. The tolls have been denounced by just about everyone in the Algarve - but the government seems determined to impose them anyway – starting on 15th April, exactly a week before Good Friday.

Minister downplays demands
for change in nearby Morocco

At a meeting in Lisbon today, the foreign ministers of Portugal and its nearest Arab neighbour, Morocco, expressed concern about the revolutionary violence sweeping across North Africa.

Portugal's Luís Amado said the "extremely dangerous" situation in Arab countries such as Libya may be one of the most difficult for Europe since World War Two.

The people's demands in Libya were legitimate and the violence against protesters extremely worrying, said Morocco's Taieb Fassi-Fihri.

Their remarks came in a week when thousands of Moroccans took to the streets to demand constitutional reforms, including King Mohammed VI giving up some of his powers to a newly-elected government. The King still holds absolute authority.

"Morocco is extremely worried about the violence that we have seen in the last days. We are also worried about security in the region. This violence is inadmissible, particularly for the neighbouring countries," Fihri said.

He noted however that in his own country there had been no security crackdown against protesters. "Protest rallies are part of daily life. The ones in recent days have been normal rallies. There is no repression from the government and the protests have been peaceful.”

He said Morocco does not have the degree of tension exhibited in other Arab nations. But last weekend thousands of Moroccans turned out to demand economic, social and political improvements. Five people died in scattered violence.


'Maddie is in America'
claims have led nowhere

Claims by Algarve nightclub doorman and amateur sleuth Macelino Jorge Italiano that he knows who abducted Madeleine McCann and that she may have been taken to the United States have thrown no new light on the case.

Private investigators for Drs Kate and Gerry McCann were talking with Italiano and his lawyer in Huelva this week but would only say that their inquiries were “continuing.”

That no startling new evidence has been announced will not come as any surprise to most of those who have been following the case. Italiano's story was widely dismissed as soon as it was reported. It looks like ending up as yet another footnote in the litany of false 'leads' and spurious 'sightings' since Madeleine 'disappeared' in May 2007.

Still, the claims were so brazen they had to be checked out. There were grounds for thinking there may have been substance to his assertions. The lawyer who accompanied him to hand over his 'dossier' to the Spanish police in Huelva said he sounded plausible. So did a journalist who interviewed him.

This impression was strengthened by the fact that he was jeopardising himself by going to the police, but did not appear to be doing so for money or fame. He expressed determination to expose a purported Algarve paedophile ring with international connections. So far, however, no solid evidence has emerged that he has any real knowledge of what happened to Madeleine.

Sources say the Spanish police have shown little interest in his dossier. The Portuguese police have not questioned him. Italiano says he did not go to the Portuguese police because he distrusts them. There is speculation that personal issues may be at the root of Italiano's allegations.

An internet comment from George Laird of the Campaign for Human Rights at Glasgow University sums up the feelings of many about Italiano's story: “This is complete tripe. He should be arrested for wasting police time.”

At last, a vital breakthrough -

or just more Maddie madness?

Great interest has been aroused by the news that the hitherto little-known man pictured on the right has recently given police in Spain information about the 'abduction' of Madeleine McCann.

He is 36-year-old Marcelino Jorge Italiano, an Angolan national, who worked in the Algarve for 10 years as a nightclub doorman or 'bouncer'. He has also been described as an 'amateur investigator'.

He claims to know key figures in an Algarve-based group of paedophiles who organised Madeleine's abduction from a holiday apartment in Praia da Luz in May 2007. They supposedly include two Algarve businessmen with high-level links to the Portuguese judiciary and a legal practice in London. Individuals in Faro and Albufeira are said to be secretly involved.

Italiano says he thinks Madeleine may now be in the United States. He is positive the group have taken other children from the Algarve. “I think at least a dozen have been kidnapped,” he said.

He has told police that he has seen photographs of group members and obtained information about them from the ex-wife of one of the businessmen involved.

Italiano also said he was “terrified” by the group and that he had been attacked for threatening to expose them. “They are ruthless. I have been attacked twice for trying to investigate, and even lost my front tooth.”

All this has been reported by the international media. Assuming it has been reported accurately, is it fact or fantasy? Has Italiano provided vital clues, or is it just yet more moronic conjecture based on half-truths or no truths at all? Intriguingly, that remains to be seen.

Italiano reportedly fled across the Algarve-Andalusian border and turned up with a lawyer in Huelva last week to hand over a 'dossier' to Spanish police. An Andalusian newspaper, the Olive Press, reported that his lawyer was present during an hour-long interview with police in the city. His lawyer told the Olive Press: “He seems credible and believable. He does not trust the Portuguese police.”

The lawyer continued: “He also seems pretty convinced that Maddie may have been taken from Portugal to the US.”

Spanish and Portuguese police are investigating these new claims. Madeleine's parents, Drs Kate and Gerry McCann have welcomed the news. Their spokesman, Clarence Mitchell said Italiano had done "absolutely the right thing" by going to police with his suspicions.

Many people who have closely followed the on-going Maddie saga have long ago ruled out all abduction theories. Reaction to the latest claims has been highly sceptical, or downright dismissive. Even Clarence Mitchell expressed reservations.

“America is a long way from Portugal. Smuggling a child into America through traditional channels would be virtually impossible. That’s not to say it’s not feasible; it possibly could be done; it’s something that investigators have considered. There have been other tip-offs that America may have been a destination, but so far nothing has come of those.”

Mr Mitchell said that as Italiano had not approached the media first, seeking money for his story, and because he was naming names, he may be a “slightly more serious informant than some”.

However, he added: “That is not to say it is not fantasy, we just don’t know at this stage.”

Hopefully, we soon will.

Working mother-of-two chosen as Britain's next Lisbon Ambassador

She may seem much too young and full of fun for the job. Simply that she is a woman makes her appointment unusual. The Foreign & Commonwealth Office in London has appointed Ms Jill Gallard as Britain's next Ambassador to Portugal.

The announcement was made yesterday (Wednesday) although Ms Gallard is not expected to take up her appointment until July. She will be only the second woman to serve as Britain's ambassador to Portugal in the long diplomatic history of the two nations. In a way that is not so surprising considering that politically and diplomatically Portugal is still steeped in male dominance.

The only woman in the post before her was the formidable Dame Glynne Evans, who was in Lisbon between 2004 and 2007. Not only a diplomat but an academic with a special interest in military history, Dame Glynne since her retirement has been a research associate at the Royal United Services Institute and an Advisor to the Director of the Defence Academy in the UK.

Dame Glynne is a spinster. The newly appointed ambassador is married to Dominic Gallard and they have two young sons. Yesterday's announcement did not reveal Ms Gallard's age but it noted that she joined the Foreign & Commonwealth Office in 1991.

She quickly became Desk Officer for Spain and Portugal in the Consular Department. In the summer of 1992 she was Consular Attaché in Barcelona during the Olympic Games. Since then she has spent much of her career working on European Union and EU enlargement matters. Apart from London, Ms Gallard has worked in Prague, Madrid and Brussels.

Pending her arrival, another married mother with two sons, Ms Joanna Kuenssberg O’Sullivan, is holding the fort. Formerly Deputy Head of Mission, she has been Charge d’Affaires at the Embassy since the departure of the previous ambassador, Alex Ellis.

Senior female involvement at the Embassy does not end there either. The head of the UK Trade & Investment Section is a woman; the Consul in Lisbon is a woman; and the head of the Corporate Services (Management) Section is also a woman.  So is the Director of the British Council in Portugal.

The youthful Mr Ellis obviously not only approved of women occupying high places, he was also one of Britain's first 'digital diplomats' and regular wrote a blog in Portuguese. He was an example of how a younger generation seem to be shedding the stuffy image that once shrouded ambassadors. It is a trend that Ms Gallard looks like continuing.

Still, centuries-old tradition cannot just be thrown to the wind. Commenting on her new job, Ms Gallard said: “I am honoured and delighted to be appointed HM Ambassador to Portugal. I look forward to further developing the deep relationship between the UK and Portugal, the oldest alliance in the world, and to promoting our close partnership, both in the bilateral political and commercial context and in multilateral fora such as the EU, the UN and NATO. Our people and businesses help to maintain these ties in every aspect of life in our two countries.”

An environmental battle

looms in the Monchique hills

A proposed mineral mining project in an unspoilt and supposedly protected section of the Serra de Monchique has aroused suspicions and serious concerns among local residents after a similar project was rejected 15 years ago.

News of the latest project first appeared, not in the government's Diário de República as one would have expected, but in a paid-for notice in the local monthly newspaper, Jornal de Monchique.

The notice was placed by the Energy and Geology General Directorate (DGEG). It was dated 10 January, but the paper did not come out until 31 January. The notice said objections to the proposal should be lodged within 30 days of it appearing in the Diário de República. It still has not appeared there so the deadline for objections remains in doubt.

The president of the Monchique municipal council is said to have had no forewarning about the announcement. Apparently he only heard about it last week, on 8 February. The municipal council, like just about everyone who lives in the Monchique area, is believed to be opposed to the plan.

The project would be carried out by FELMICA-Minerais Industriais S.A, a major company based in Viseu in central Portugal, which extracts and processes raw materials for the ceramic industry. The company is part of the MOTA group.

It will be up to the government to examine the proposal and listen to any objections before giving or refusing permission. Veterans of other campaigns against projects in environmentally sensitive areas fear approval is virtually certain as big money is involved. “Big money equals power,” said one sceptic yesterday.

The parameters of the proposed site have been disclosed, but it is not publicly known what form the mine would take. No details have been revealed about how it would be operated.

“MOTA ceramic solutions was created to offer raw materials, prepared bodies, and professional services to the ceramic world at the highest standards of quality,” according to the group's website.

A MOTA spokesman told the Algarve Resident last week that the project will not affect the environment because “all impact studies possible are being carried out.”

According to the Resident, the spokesman said: “The project will only progress if the government considers it economically viable. We are studying what is viable within the Natura 2000 regulations and all adjustments will be made in accordance with this network in order to minimise any damage to the environment of the area.”

He said there was no reason for alarm among local residents. “People should not be alarmed because this project will only go ahead with the approval of all parties - residents, Câmara and parish councils - and our obligation is to hear people’s opinions and not affect land owners and the environment."

But there is alarm in the area because of what seems like a lack of transparency. People there are worried that a mining operation could radically affect thousands of households as well as causing untold damage to flora and fauna.

A principle concern is that aquifers, for which the Monchique region has been famous for centuries, may be fundamentally disturbed. Many households with no access to mains or borehole supplies depend on aquifers as their only source of water.

Fifteen years ago, a plan for a mine in exactly the same spot was rejected because of the danger it posed to underground aquifers.

No information has been released yet on whether minerals are to be extracted from an open cast mine / quarry or a closed underground mine. It is not known if they will be processed on-site or transported elsewhere. So it is impossible for the public to make sound judgements yet about possible air or sound pollution, or access road and traffic considerations.

Will property prices be affected? Will burgeoning small-scale, sutainable tourism businesses be stopped in their tracks? Will elderly, hillside farmers already operating on the breadline be denied water for their crops? Questions are hanging in the air because of a hitherto lack of transparency.

The people living in the area – expatriates of various nationalities as well as Portuguese of all ages, some working, some retired - can see no local benefits whatever accruing from this proposed project.

MOTA may insist that “people should not be alarmed” - but they have good reason to be alarmed because so far they have been kept largely in the dark.
A small but vibrant group of protesters have held preliminary meetings and are due to discuss strategy in another meeting, this time in the Junta de Freguesia de Alferce, starting at 2pm on Saturday 19 February.

Meanwhile, they have invited objectors to sign a petition available online at http://www.thepetitionsite.com/1/save-Monchique-from-greedy-hands

Classified information:

More people are moving out

The classified ads' columns in newpapers can provide an accurate barometer of trends in a community. A major trend currently on display in the Algarve is that more and more people – Portuguese and foreign nationals – are leaving the country because of the economic climate.

The publishers of the weekly Algarve 123 recently analysed the classifieds in their paper over the past 64 issues. They found that the phrase “for sale due to leaving the country/ moving abroad” is becoming increasingly frequent.

Algarve 123 is a tri-lingual paper with Portuguese and German readers, as well as English. The most common profile of those placing ads indicating they are moving out is a Portuguese, in their 30s. He or she is looking for work, but simply cannot find it here.

An article headed “Who'll be left?” in the current issue of the paper said of many advertisers: “They put the contents of their homes up for sale (furniture, household appliances, children’s toys even), as well as their cars. And we ask ourselves: can the country really afford to lose these active members of the population; these families who supposedly are (or should be) the basis of contemporary society?”

Ads over the past 64 weeks also reveal an increasing number of British, German, Dutch and even Brazilian citizens leaving the Algarve to return to their homeland, off-loading family pets among other possessions in the process.

A British client told the paper that “life is getting more and more difficult here” and that she was leaving because she feared it was going to get much worse.

A German reader who had a business in the Algarve for many years said she was leaving because she was 'sick and tired of the way the economy here doesn’t work'.

“This was just one example among many small businesses, shops and services that should be bringing dynamism and diversity to the Algarve. Instead, everyday, they’re closing down,” the paper commented.

It wondered if the Algarve is going to end up being inhabited only by retired people and the corrupt?

Freedom of expression
is neither free nor faultless

While there has been much international focus this week on the importance of freedom of speech, journalists have been under attack, physically and verbally.

“Freedom of expression and freedom of the press are pillars of an open and inclusive society,” said US Secretary of State Hillary Clinton. Referring to the uprising in Egypt, she also called on the government there to unblock social networking sites, such as Facebook and Twitter, that had been used to organise protests. The minefield territory of WikiLeaks remained for the moment in the background. For Clinton and many others, WikiLeaks is too free.

Are press freedom and freedom of expression basic human rights that we greatly value or abused luxuries that we take for granted?

In an article in the Guardian newspaper, the veteran British journalist Simon Jenkins contended that journalistic ethics are in a “mess”. He is right of course – and this applies not just to the 'mainstream' media in the UK, but to all types of journalism, including electronic newspapers and blogging, just about everywhere.

Jenkins focused mainly on the alleged hacking of voicemail accounts of prominent people in Britain. This much-publicised scandal remains unresolved. The full ramifications of electronic surveillance technologies and the internet mean that any clear application of the law is impossible, so a new map of ethical territory is needed, Jenkins suggested.

As he put it, there is now “a thoroughly confused boundary between the public and private realms, between openness and secrecy, publicity and privacy, rapacity and trust.”

Journalists should try to obey the law. But which law? “Official secrets law is a shambles. Privacy law is made up on the hoof. Court injunctions are improvised explosive devices.”

Continued Jenkins: “Journalists have claimed 'public interest' in defence of actions that others might consider unethical and lawyers illegal. The reality of the matter is that one person's brave investigation is another's illicit intrusion. Journalists may claim a licence to judge the public interest for themselves, but this requires public trust, which is wearing thin.”

He concluded that the job of the journalist will always be to pursue the story, pushing boundaries when a case for public interest can be proved. “But this pushing will attract public trust only where professional self-regulation can be seen to work, as it works up to a point for doctors and lawyers. For the moment, anarchy rules.”

In Portugal, after a long history of censorship and oppression, the current constitution guarantees free speech and absolute freedom of the press. The law includes the right of journalists to access government documents. Their freedom includes rights of expression and 'creativeness'.

Yet Portugal rates only 40th in the latest world press freedom index drawn up by the international watchdog organisation, Reporters without Borders. That's 40 out of a total list of 178, but Portugal is a long way down from the Netherlands, Ireland, the Scandinavian countries and Germany. The UK ranks 19^tth.

Portugal's reputation was tainted last year when the Lisbon-based weekly Sol was fined €1.5 million for defying a court injunction not to publish details from phone conversations recorded in a police surveillance operation.

The report implicated Prime Minister José Sócrates and other people close to him in an alleged attempt by Portugal Telecom to buy a controlling stake in the privately-owned television station TVI. Reporters without Borders expressed outrage and denounced the court rulings as “judicial harassment”.

In April last year, a Portuguese MP snatched audio recorders from two journalists to whom he had granted an interview in the parliamentary library. He stormed out of the room with the recorders in his pocket. Later, he explained his action by claiming that the journalists' questions amounted to “unbearable psychological violence”.

Reporters without Borders said it was “surreal behaviour that one normally sees only in the most authoritarian countries”.

Efforts by some Portuguese politicians since the introduction of the current constitution to bring about more media control, and recent defamation prosecutions that critics say impinge upon freedom of expression, need to be carefully watched by all who value “pillars of an open and inclusive society”.

Awaiting trial, Serena Wylde campaign for change in libel laws

Algarve holiday homeowner Serena Wylde has had some sleepless nights but not the slightest remorse over the letter of complaint about a Portuguese lawyer that has landed her in court facing a charge of aggravated criminal defamation.

On the contrary, she regards her experience at the hands of the law here as a sort of call-to-arms. She is angry and points out that “anger produces energy.” She has launched a campaign to highlight all kinds of injustices in cases involving ethics, human rights and politics. (For the background to her own case, see my last blog).

Ms Wylde, 59, is a retired businesswoman. Married to a retired Portuguese bank executive, she is highly intelligent, tenacious and passionately concerned with ethics, truth and justice.

After a criminal process was opened in 2007 over her letter of complaint to the Portuguese lawyers' regulatory body, the Ordem dos Advogados, she began studying law herself. She is in the process of studying for a masters degree.

Not all Portuguese lawyers are in her line of fire. She has nothing but praise for the professionalism and punctiliousness of her Lisbon-based defence lawyer, Francisco Teixeira da Mota. This formidable advocate has successfully prosecuted Portugal for violation of Freedom of Expression at the European Court of Human Rights in Strasbourg no less than five times, the latest just before Christmas.

Defamation is broadly defined as a statement that gives a false, damaging impression of someone to others. In verbal form it is called slander; in written form it is libel.

In her own words and reported here for the first time, this is how Serena Wylde views the situation regarding defamation in Portugal compared to the UK. While there are differences, a most important fact to bear in mind is that the law in Portugal does not exist in isolation; a person convicted of a criminal offence in Portugal is automatically recognised as a criminal in the UK and elsewhere.

Serena Wylde says:

<  Vexatious libel litigants in Portugal have little to lose, because:

1. It costs relatively little to bring a criminal libel case in Portugal as it is essentially paid for by the Public Prosecution Service. (Judges themselves who bring libel cases enjoy favourable terms…and are exempt from paying any court costs!)

2. In Britain litigants who bring false actions for libel are ordered to pay the other side’s legal costs and expenses, and if found to have lied are prosecuted for perjury and given a jail sentence. No such consequences hang in the balance in Portugal.

3. Even when the European Court of Human Rights determines that Portugal is in breach of Article 10 governing Freedom of Expression (which it invariably does) and orders the State to reimburse the applicant all fines and damages paid plus expenses incurred, the Portuguese litigant still gets to keep his/her “compensation” as the bill is footed by the Portuguese taxpayer!

There are therefore few deterrents to discourage spurious claims. Hence, libel actions are used as a highly effective intimidatory and persecutory weapon to silence critics, whistle-blowers and consumers alike, leaving the hapless individual who has spoken out with a European Criminal Record and the claimant with a profit! A win-win situation for any malicious litigant.

Unlike in Britain, where it is considered essential that libel cases be determined by a jury, and thus it remains the only civil case still to be decided by twelve members of the public, in Portugal the decision rests at 1st instance with one judge.

The offence of aggravated defamation is an inversion of democracy because it provides for greater punishment where the plaintiff is a judge, public official, lawyer or member of the clergy; insulating from criticism and scrutiny the very people who exercise power over other people’s lives, and therefore need to be subject to greater, not less, scrutiny and accountability.

The only legitimate purpose of libel laws is to protect reputations from unwarranted attack and the dissemination of false statements of fact. A reputation is an objective, definable concept and hence the European Convention refers to the balancing of the rights of freedom of expression and protection of reputation.

In Portugal, criminal libel proceedings can be initiated on the flimsy and totally subjective argument that “one’s honour has been offended”, regardless of the legitimacy of the criticism or the veracity of the statement, and the Portuguese version of Article 10 of the Convention has substituted the word “reputation” for the term “honour.”  >

"The louder he talked of his honor, the faster we counted our spoons."
  ~ Ralph Waldo Emerson