Miami (December 12, 2011)—The Coordinating Committee of Press Freedom Organizations which met here last Friday warned of a progressive loss of fundamental rights in Ecuador, stressed the importance of the Inter-American system for the protection of human rights in the promotion and defense of such rights in the Americas, and urged governments to pursue reforms of public policies to effectively combat physical violence unleashed against journalists and a lack of punishment for such actions.
During its half-yearly meeting held on December 9 at the headquarters of the Inter American Press Association (IAPA) the Coordinating Committee unanimously adopted four resolutions dealing with issues concerning Ecuador, the killing of journalists and related impunity, and another in support of the Inter-American Commission on Human Rights and the Office of Special Rapporteur for Freedom of Expression that have been the subject of attacks and discrediting by some governments in the region. It also ratified a resolution on Hungary in which restrictive aspects of media laws in that country were questioned.
Representatives of the International Association of Broadcasting (IAB), World Association of Newspapers and News Publishers/IFRA (WAN/IFRA), Committee to Protect Journalists (CPJ), World Press Freedom Committee (WPFC), International Federation of the Periodical Press (FIPP), International Press Institute (IPI) and the IAPA identified the main problems affecting freedom of expression and of the press in the world and came up with joint recommendations to confront them.
Following is the full text of the resolutions on Ecuador, the Inter-American System and Impunity:
Ecuador
WHEREAS
press freedom has been deteriorating in the country as a result of the increase in the political power of the executive branch over other branches of government and the independent press
WHEREAS
the Inter American Press Association, IAPA; the Committee to Protect Journalists, CPJ; the World Association of Newspapers and News Publishers/IFRA, WAN/IFRA, and the International Association of Broadcasting, IAB, independently carried out missions this year in Ecuador and all agreed that there exists systematic harassment of independent media, journalists and those who differ from the official position
WHEREAS
the judiciary handed down rulings against the executives of the newspaper El Universo, Carlos, César and Nicolás Pérez, and against Emilio Palacio, the newspaper’s former op-ed editor, ordering the payment of $40 million and sentencing them to three years in prison on a charge of libel filed by President Rafael Correa
WHEREAS
shortly to go on trial on a charge of injury to reputation will be journalists Juan Carlos Calderón and Cristian Zurita, authors of the book “El Gran Hermano” (Big Brother), which contains statements by Fabricio Correa, President Correa’s brother, who is seeking payment of $10 million in damages
WHEREAS
attacks on 428 journalists have been reported in Ecuador, a situation arising from the government’s discourse against independent journalists and news media
WHEREAS
there is a concentration of state-owned media, taking over by the government, and others that the government regards as public, even though they are used to disseminate government propaganda
WHEREAS
both the bill for a Communication Law, the bill for a Telecommunications Law and the new Organic Law on Control of the Power of the Market represent a serious threat to press freedom
WHEREAS
the National Assembly is preparing to debate proposed amendments to the Penal Code which provide for defamation and continues to make it an offense punishable by imprisonment
THE COORDINATING COMMITTEE RESOLVES
to alert international organizations democratic governments and the news media of the Americas and of the world to the progressive loss of fundamental rights in Ecuador, especially to freedom of expression and press freedom
to ask the National Assembly that while debating the proposal to amend the Penal Code it comply with the recommendations of the IACHR against not making defamation a criminal offense
to urge President Correa to leave without effect the numerous criminal charges brought against journalists and news media, giving, as the country’s head of state, a clear example of respect for freedom of the press and tolerance of criticism that should exist in every democratic system.
Inter American System of Protection of Human Rights
WHEREAS
the Inter American System of Protection of Human Rights, made up by the Inter-American Human Rights Commission and Court, and especially the Office of Special Rapporteur for Freedom of Expression, is essential in the promotion and defense of human rights in the hemisphere
WHEREAS
the attacks and discrediting to which the Inter-American Commission on Human Rights and the Office of Special Rapporteur for Freedom of Expression have been subjected by some governments that have been noted for their constant breaches of international treaties regarding civil and political rights
WHEREAS
There is a campaign of disinformation of the Ecuadorean government to damage the reputation and discredit persons and organizations that promote and defend human rights and freedom of expression in that country
THE COORDINATING COMMITTEE RESOLVES
to urge the OAS member states to support the Inter-American System of Protection of Human Rights, especially the Inter-American Commission on Human Rights and its Office of Special Rapporteur for Freedom of Expression to comply with the American Convention on Human Rights and the Democratic Charter
to urge the government of Ecuador to respect the work of the Inter-American Commission on Human Rights, act on its recommendations and comply with signed international agreements regarding human rights
to call on President Correa and officials of his government to accept criticism and democratic debate with full respect for and tolerance of diversity of ideas and opinions.
Impunity
WHEREAS
the greatest danger that journalists face is the physical violence and impunity that persist in many parts of the world, there being reported this year 24 murders
WHEREAS
the indifference and inaction on the part of many governments regarding the safety and protection of journalists and the lack of punishment for these crimes is generating greater violence, increasing impunity and limiting press freedom
WHEREAS
this year five cases of crimes against journalists in Colombia became subject to statutes of limitations, in addition to others at risk of running out of time for action as envisioned under the law; and in Mexico 19 murder cases are in danger of running the same fate
WHEREAS
Mexico’s President Felipe Calderón pledged in September 2010 to a delegation of the Inter American Press Association and the Committee to Protect Journalists to create a mechanism for the protection of journalists, to urge Congress to adopt measures enabling crimes committed against freedom of expression to be considered federal offenses, and to personally heed resolutions issued by the Inter-American Commission on Human Rights (IACHR) concerning the cases of the murder of journalists Víctor Manuel Oropeza and Héctor Félix Miranda that require the government to continue investigating and to arrest those responsible, and to date he has not complied with his promises
WHEREAS
international organizations keeping a watch on press freedom took part in September 2011 in the forum “United Nations – Inter-Agencies Meeting: The Safety of Journalists and the Question of Impunity”, and adopted a proposal for a Plan of Action to confront throughout the world the lack of safety that journalists suffer and the impunity surrounding crimes against freedom of expression
WHEREAS
UNESCO Resolution 29 of 1997 asks member states to adopt the principle of no statute of limitations for cases of crimes committed against persons when they are carried out to prevent the exercise of freedom of information and of expression or when they had as its objective the obstruction of justice, and that laws be perfected to enable the prosecution and conviction of the masterminds of the murder of those who are exercising the right to freedom of expression
THE COORDINATING COMMITTEE RESOLVES
to urge governments to pursue reforms of public policies to more effectively combat the impunity surrounding crimes and to create programs for the safety and protection of journalists as they carry out their work
to exhort the governments of Colombia and Mexico to review elements that could serve to reopen the cases and take the necessary action to prevent other crimes against journalists becoming subject to statutes of limitations
to appeal to Mexico’s President Felipe Calderón to comply with the commitments made and to seriously and emphatically pursue a mechanism for the protection of journalists and defenders of human rights; to show political will to solve the cases of murdered or disappeared journalists and that they do not remain unpunished; to heed the resolutions issued by the IACHR concerning the murders of Víctor Manuel Oropeza and of Héctor Félix Miranda, and to urge the Mexican Senate to pass amendment to Article 73 of the Constitution, currently under debate, so that crimes committed against freedom of expression come under the jurisdiction of the federal authorities
to join with the United Nations and UNESCO in developing the Plan of Action that includes programs for the protection of journalists and whose final proposal will be introduced in the next session of those bodies in March 2012.
The IAPA is a not-for-profit organization dedicated to the defense and promotion of freedom of the press and of expression in the Americas. It is made up of more than 1,300 print publications from throughout the Western Hemisphere and is based in Miami, Florida. For more information please go to http://www.sipiapa.org
