A/HRC/41/35/Add.1
58.
The Special Rapporteurs learned during their visits that there was a proposal for a
data protection law that could further protect the rights to privacy and freedom of opinion
and expression. Currently, the right to personal data protection is guaranteed by article 66
(19) of the Constitution. The Special Rapporteurs welcome the proposal and emphasize that
the new law on data protection should be consistent with international standards.
G.
Access to the Internet
59.
The Internet is an essential tool for exercising the right to freedom of expression,
including access to information. It is also connected to the exercise of, inter alia, the right to
education, the right to freedom of association and assembly and the right to cultural
diversity. Access to the Internet includes access to pluralistic, diverse, uncensored content,
and access to connections and infrastructure, including the appropriate hardware.
60.
Internet access in Ecuador has steadily increased in the past few years. According to
the ministry responsible for telecommunications, Internet connection coverage in 2018,
including fixed and mobile connections, was at around 65 per cent of the population, with
mobile connection coverage at 53 per cent and fixed broadband connection coverage at 43
per cent.2
61.
Nevertheless, the costs for high-quality fixed and mobile broadband connections in
Ecuador continue to be among the highest in the region. According to statistics from 2017,
about 5 per cent of those who did not have access to the Internet indicated that it was due to
a lack of coverage; about 63 per cent cited a lack of economic resources as the reason. 3
Additionally, in 2017 about 10.5 per cent of people in Ecuador between the ages of 15 and
49 lacked digital literacy. It is clear that connectivity cost is one of the critical factors to be
considered in the policies of universal access. The Government must work to ensure that all
members of Ecuadorian society have access to the Internet so that each person can fully
exercise his or her rights.
H.
Protecting civil society and human rights defenders
62.
Nearly a decade of persecution and harassment has seriously eroded social
organizations, and fear and mistrust persist among human rights defenders. Civil society
organizations reported during the visits that there were positive signs from the Government
to move forward from that abuse. For example, they referred to the elimination of the
Enlace ciudadano broadcast and changes in the editorial line of State-owned media, which
had previously been used to attack and wage campaigns to disparage those who thought
differently.
63.
The Special Rapporteurs were also informed that a bill on non-profit organizations
was currently pending in the National Assembly, and that it contained provisions relating to
the establishment and dissolution of non-profit organizations. Civil society organizations in
Ecuador have historically been regulated through executive decrees; the bill would
eliminate their regulation by the executive branch, establishing legal protections for them.
Pursuant to the draft legislation, civil society organizations would not need to provide
information on their operations to any executive branch entity.
64.
The Special Rapporteurs see this legislative initiative as positive, as it would
eliminate arbitrary government decisions that are regulated by executive decrees.
Nevertheless, it is important to note that certain provisions of the bill are not sufficiently
clear and precise and may affect the right to freedom of association. These concerns were
conveyed to the Government through a communication dated 11 December 2018.4
2
3
4
See https://observatoriotic.mintel.gob.ec/estadistica/index.html (Spanish only), accessed on 19
February 2018.
Ibid.
See www.ohchr.org/en/issues/freedomopinion/pages/legislationandpolicy.aspx.
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