Quito, September 15, 2015
THE QUITO FORUM ON FREEDOM OF EXPRESSION, convened by the Inter American Press Association (IAPA), Andean Foundation for the Observation and Study of Media (FUNDAMEDIOS) and the Universidad Andina Simón Bolívar university met in Quito on September 15, 2015 with the objective of verifying the state of freedom of expression and of the press in Ecuador, after two years of application of the Communication Organic Law, enacted on June 25, 2013 by President Rafael Correa. From that verification there were obtained the tools to prepare common, attainable and verifiable initiatives that made up a plan of action aimed at dealing with and reversing the serious situation of censorship, administrative and criminal sanctions and legal defenselessness facing the work of the press in the country. THE QUITO FORUM ON FREEDOM OF EXPRESSION recalled that the Inter-American Democratic Charter regards as fundamental components of the exercise of democracy transparency in government activities, honesty, responsibility of governments in the public administration, and respect for social rights and freedom of expression and of the press. THE QUITO FORUM ON FREEDOM OF EXPRESSION considered, consequently, that the strengthening of democracy depends on the full existence of freedom of expression, which besides is a fundamental right expressed in the Universal Declaration of Human Rights in its Article 19. And it recalled that the principles of the Declaration of Chapultepec, and those of the Declaration of Principles on Freedom of Expression of the IACHR, are basic documents that contemplate the guarantees for and the defense of freedom of expression, freedom and independence of the press and the right to information. THE QUITO FORUM ON FREEDOM OF EXPRESSION took into account the arguments of the Special Rapporteurs for Freedom of Expression of the United Nations and the Organization of American States and human rights defenders of the world, according to whom to guarantee the protection of journalists and of press freedom is a responsibility of the government, as is guaranteeing independent, transparent and swift justice in proceedings that involve media and journalists. THE QUITO FORUM ON FREEDOM OF EXPRESSION stressed that before and after enactment of the Communication Organic Law in Ecuador many organizations of the community of defenders and promoters of freedom of expression in the world, media and journalist associations, public personalities, such as Nobel Prize winner Mario Vargas Llosa, among others, had expressed their deep concern at the enactment of this law. And that there were also produced exhaustively reasoned observations by the Rapporteurs for Freedom of Expression and Opinion, both of the Inter-American Commission on Human Rights of the Organization of American States, Catalina Botero first and Edison Lanza, next, as well as of the United Nations Organization, Frank La Rue. THE QUITO FORUM ON FREEDOM OF EXPRESSION considered as being of great seriousness the fact that there had begun a process of dissolution of the organization defending freedom of expression and of the press, Fundación Andina para la Observación y Estudio de Medios (Andean Foundation for the Observation and Study of Media–FUNDAMEDIOS), accused of engaging in “political activities” in disseminating journalistic materials by renowned op-ed columnists. This situation is an unacceptable blow not only against freedom of association or peaceful meeting but against freedom to freely express thought. It was recalled that FUNDAMEDIOS is the organization that monitors and conducts an exhaustive registration of attacks upon journalists committed since 2008. THE QUITO FORUM ON FREEDOM OF EXPRESSION expressed awareness of the fact that in Ecuador there prevails a serious threat for the free practice of journalism and consequently it agreed on specific actions, proposals and commitments achieved among the various players that took part, from academia, news media, inter-governmental bodies, international organizations, special guests from other countries and editors, publishers and reporters. SPECIFIC ACTIONS: 1. OFFICES OF RAPPORTEURS FOR FREEDOM OF EXPRESSION OF ASSOCIATION AND OF HUMAN RIGHTS.- The organizations present at THE QUITO FORUM ON FREEDOM OF EXPRESSION requested a pronouncement by the universal and regional organizations of freedom of expression, of association and of human rights on the announcement of the government of Ecuador to dissolve the Fundación Andina para la Observación y Estudio de Medios (Andean Foundation for the Observation and Study of Media–FUNDAMEDIOS). 2. OAS SECRETARY GENERAL.- The organizations present at THE QUITO FORUM ON FREEDOM OF EXPRESSION decided to form an international committee to visit OAS Secretary General Luis Almagro with the objective of informing him of the serious violations of the Inter-American Democratic Charter by the government of Ecuador. 3. MULTILATERAL BODIES.- The organizations present at THE QUITO FORUM ON FREEDOM OF EXPRESSION decided to form an international committee to visit the Inter-American Development Bank, the World Bank and Corporación Andina de Fomento, among others, with the objective of informing them of the state of human rights and press freedom in Ecuador, for them to take this information into account at the time of providing assistance to the country. 4. SEIZED MEDIA.- Remind the government of Ecuador of its promise to return to private ownership the media seized by it. 5. INTERNATIONAL COMPANIES.- The organizations present at THE QUITO FORUM ON FREEDOM OF EXPRESSION decided to inform in detail the investment companies about the state of freedom of expression and other fundamental rights that were leading to limits on legal safety for their activity. 6. CONSULTATIVE OPINION.- In consideration of the fact that Ecuador has historically been a country respectful and promoter of full defense of human rights, at the same time has fully ratified the principal international instruments of protection of Human Rights, both of the United Nations and the Inter-American System, the organizations present at THE QUITO FORUM ON FREEDOM OF EXPRESSION invited the government of the Republic of Ecuador to ask the Inter-American Human Rights Court for a Consultative Opinion on the compatibility of Ecuador’s Communication Organic Law with the standards developed following Article 19 of the Universal Declaration of Human Rights and Article 13 of the American Convention on Human Rights. That Consultative Opinion was necessary in order to resolve the national and international discussion on the legitimacy and compatibility of this law with international standards accepted by the Ecuadorean government on human rights. 7. EXPERTS COMMITTEE.- The organizations present at THE QUITO FORUM ON FREEDOM OF EXPRESSION resolved to set up a committee of experts to study the effects of the application of Ecuador’s Communication Organic Law on freedom of expression, of opinion and of the press after two years since its enactment. At the same time the experts committee should analyze the contents of the Communication Organic Law in the light of the standards developed after Article 19 of the Universal Declaration of Human Rights and Article 13 of the American Convention on Human Rights. The committee should issue a report in a time frame no greater than ninety (90) days so as to submit it to the Office of Rapporteur for Freedom of Expression of the United Nations and the OAS, to the authorities of Ecuador, news media, journalist organizations and public opinion. 8. DUE PROCESS.- The organizations present at THE QUITO FORUM ON FREEDOM OF EXPRESSION resolved to address each of the communications to the President of the Republic of Ecuador, economist Rafael Correa, urging that his government suspend the actions of the Communication Superintendency against news media and denouncing the repressive and anti-democratic nature of that Superintendency towards the human rights bodies of the United Nations and the Organization of American States. Also, they asked for his government to guarantee news media and journalists due process and full right to defense in administrative actions airing as a consequence of application of the Communication Organic Law. 9. GUARANTEES FOR JOURNALISTS.- The organizations present at THE QUITO FORUM ON FREEDOM OF EXPRESSION resolved to demand of the President of the Republic of Ecuador, economist Rafael Correa, that his government set forth on the path of tolerance and guarantee journalists’ right to practice a critical, investigative and independent profession, without seeing themselves facing verbal and physical attacks, without fear of losing their source of work, without coming up against legal and/or administrative actions against them. 10. RIGHT OF ASSOCIATION.- The organizations present at THE QUITO FORUM ON FREEDOM OF EXPRESSION resolved to demand of the President of the Republic of Ecuador, economist Rafael Correa, that his government set forth on the path of tolerance and guarantee citizens’ right of association and that consequently leave without effect the actions taken by the Communication Department (SECOM) aimed at the elimination of the legal capacity of the Fundación Andina para la Observación y Estudio de Medios (Andean Foundation for the Observations and Study of Media–FUNDAMEDIOS), and that it fully guarantee its work of registering restrictions and violations of the fundamental freedoms in Ecuador. 11. AMENDMENT TABLING.- The organizations present at THE QUITO FORUM ON FREEDOM OF EXPRESSION called for the tabling of the constitutional amendment being discussed by the National Assembly which seeks to raise to constitutional level communication as a public service. 12. ECUADOR NEWS.- The organizations present at THE QUITO FORUM ON FREEDOM OF EXPRESSION resolved to recommend to the news media of the Americas the creation of journalistic units that keep audiences constantly informed regarding news about Ecuador concerning restrictions on freedom of expression and of the press, and the rights to association and to resistance set forth in the 2008 Constitution, in effect. 13. ECUADOR RECORD.- The organizations present at THE QUITO FORUM ON FREEDOM OF EXPRESSION resolved to keep on their work agendas an updated record of restrictions of freedom of expression and of the press in Ecuador and of the rights to association and to resistance, and they asked FUNDAMEDIOS to continue providing information on the basis of its monitoring, and asked the international community to support their work. 14. ECUADOR DEBATE.- The organizations present at THE QUITO FORUM ON FREEDOM OF EXPRESSION resolved to put in discussion all and each of the meetings, conferences, assemblies, forums and conversations affecting the state of freedom of expression and of the press in Ecuador. They specially suggested to IFEX and the IAPA that in their future General Assemblies they open up discussion on the restrictive nature of the Communication Organic Law. Also they urged the IACHR Commission on Human Rights not to fail to convene thematic hearings on freedom of expression in Ecuador and, especially, on the application of the Communication Organic Law. 15. CHAPULTEPEC PROFESSORSHIP.- The organizations present at THE QUITO FORUM ON FREEDOM OF EXPRESSION resolved to recommend to the Ecuadorean universities the creation of a Chapultepec Professorship, with the objective that Ecuadorean professionals embrace in their academic training the principles and values that support freedom of expression contained in the 1994 Declaration of Chapultepec, as a substantial part of their civic culture, regardless of their professional specialization. They also recommended to law schools and faculties the training of lawyers expert in human rights and in inter-American legislation on human rights contained in Declarations, Pacts and Treaties, and in case law emerging from rulings by the Inter-American Human Rights Court and other similar bodies and courts. For this effect the Inter American Press Association (IAPA), the Ecuadorean Association of Newspapers Editors and Publishers (AEDEP) and the regional press associations should give support for the attainment of this proposal.next events
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