A/HRC/41/35/Add.1
I. Introduction
1.
Pursuant to Human Rights Council resolution 34/18, the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression undertook an
official visit to Ecuador from 5 to 11 October 2018 to assess the situation of freedom of
expression in the country, at the invitation of the Government. The mission was conducted
in coordination with the Special Rapporteur for Freedom of Expression of the InterAmerican Commission on Human Rights, Edison Lanza, who visited the cities of Quito and
Guayaquil from 20 to 24 August 2018.
2.
The Special Rapporteurs are grateful for the cooperation of the Government of
Ecuador in facilitating and organizing their visits. During their respective visits, the Special
Rapporteurs met with the President, Lenín Moreno, the Minister for Foreign Affairs and
other representatives of the executive branch and the judiciary, including the Prosecutor
General, the Chief Justice of the National Court of Justice, the Chief Judge of the Provincial
Court of Justice of Guayas, the Attorney General of the State, the acting Ombudsperson, the
Minister and Deputy Minister of Information and Communications Technologies, the
Minister of the Interior, the undersecretary of the Ministry of the Interior responsible for
citizen security, a former Minister of Justice, Human Rights, and Religious Affairs and the
acting Minister for that portfolio, the national Secretary and Undersecretary for
Communication, the President of the National Assembly, the National Assembly committee
on collective rights, the general manager of the Medios Públicos company, the Director
General of the International Center for Advanced Communication Studies for Latin
America, the agency for the regulation and oversight of telecommunications, the Council
on the Regulation and Development of Information and Communications, the
Superintendent of Information and Communications, the transitional council for citizen
participation and social oversight and the transitional judiciary council, among others.
3.
The Special Rapporteurs also met with journalists, media representatives, victims of
violations of freedom of expression in Ecuador, members of indigenous communities,
lawyers, academics, civil society representatives and members of the diplomatic
community. The Special Rapporteurs would like to thank those interlocutors for their
participation and contribution.
4.
The Special Rapporteurs also met with representatives and staff of the United
Nations country team and appreciated the support they provided during the visits.
5.
The visits show that the State’s public institutions are in the midst of a transition to
overcome and remedy previous government policies that interfered with freedom of
expression. The Special Rapporteurs agree that over the past decade, the Government of
Ecuador had stigmatized and persecuted journalists, undermined independent civil society
organizations and limited access to information, treating freedom of expression as a
privilege rather than an individual right guaranteed by the Constitution and international
human rights law.
6.
The Special Rapporteurs recognize as significant progress the measures taken by the
current Government to put an end to those violations of the right to freedom of expression,
and to reverse their effects. They also welcome the measures taken to ensure that the
importance of the work of the press and the protection of human rights in a democratic
society is publicly recognized through statements by government authorities, public events
and the dialogue initiated with these sectors of society.
7.
The Special Rapporteurs note, furthermore, that this clear shift requires, in addition
to the revision of laws and regulations, long-term commitments to guarantee every
individual’s right to freedom of expression. This requires a broad commitment to
implementation at every level of government, a cultural shift inside and outside public
institutions in thinking about open government and citizen participation, and a major effort
to destigmatize and promote independent media, the profession of journalism, and
community and public media development.
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