A/HRC/41/35/Add.1
International Covenant on Civil and Political Rights, the American Convention on Human
Rights, and other international instruments in force to which the country is a signatory.
15.
Despite these provisions, a wide range of violations of freedom of expression
affected individual victims and society as a whole during the tenure of the previous
Government. The Special Rapporteurs acknowledge that, since 2017, the Government has
initiated a range of changes to improve the situation for freedom of expression. In that
regard, they observe that the President recognized the systemic violation of fundamental
rights and freedoms, and undertook to dismantle the situation of repression in areas such as
the press, the defence of environmental rights, the rights of indigenous peoples and the
political sphere. The Government has also taken the first steps to bring the legal and
institutional frameworks, as well as the communications policy of the State, into line with
international standards on freedom of expression. For instance, the Special Rapporteurs
welcome the fact that the National Assembly passed legislation to amend the Organic Law
on Communications in December 2018. The Special Rapporteurs also welcome the
decision of the Constitutional Court, of 1 August 2018, to repeal a constitutional provision
that had established that communication in all its forms should be understood as a public
service regulated by the government, and not as a means to exercise freedom of expression.
16.
Notwithstanding the progress observed in Ecuador during the visits, the process of
transitioning to a consolidated inclusive democracy that guarantees an autonomous space
free of threats for journalists, media outlets, civil society organizations and the opposition
must continue and be reinforced. The Special Rapporteurs note that this transition should
include the effective participation of all interested parties. In their meetings with journalists,
media representatives, civil society organizations, members of indigenous communities and
others, the Special Rapporteurs found that nearly a decade of persecution had placed a
significant strain on those actors. Journalism as a profession and a fundamental institution
of democracy had been undermined and discredited. Valuable members of the profession
had been forced to leave journalism or the country for fear of retaliation and a lack of
prospects, or had suffered the chilling effect of the aforementioned policies. Similarly, the
Special Rapporteurs were informed by academics and journalists who did not share the
current administration’s politics that a climate of revenge could develop in society, which
could have a chilling effect on pluralism and criticism of the current Government.
17.
Because of this, the Special Rapporteurs urge the State, in addition to adapting the
legal and institutional frameworks, to establish individual reparation measures aimed at
providing restitution, compensation and rehabilitation to victims, as well as general
measures of satisfaction and guarantees of non-repetition.
IV. Main findings
A.
Legal change
1.
Communications law
18.
The Organic Law on Communications, as enacted in 2013, contained various
provisions that violated international standards on freedom of expression and was used as
an instrument of persecution and undue restriction, seriously affecting the operations of the
media and journalism in Ecuador.
19.
Following the visits and as conveyed to the Government in a joint communication
on 11 January 2019, 1 the Special Rapporteurs acknowledge and commend the State for
passing legislation in December 2018 to amend the Organic Law on Communications and
put an end to a number of legal concepts and institutions that flagrantly violated the
international principles of the right to freedom of expression. They welcome the express
inclusion in the law, through the amendments published on 20 February 2019, of
international instruments as guiding criteria for its interpretation and use. They also
1
See www.ohchr.org/en/issues/freedomopinion/pages/legislationandpolicy.aspx (Spanish only).
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents