Ecuador Attempts to Dissolve Only Remaining Independent Press Freedom Organization

The directors of Fundamedios, César Ricaurte and Mauricio Alarcón, during a press conference
Credit: Wikimedia Commons, Carlos Rodríguez

On September 8, 2015 the National Secretariat of Communications of Ecuador (SECOM) sent a letter of notification to La Fundación Andina para la Observación y Estudio de los Medios [The Andean Foundation for the Social Observation and Study of Media] (Fundamedios), a non-governmental organization (NGO) dedicated to promoting freedom of expression, that it was initiating an administrative process to dissolve the organization. [Committee to Protect Journalists] The SECOM order accuses Fundamedios of violating both its own founding statutes as well as Ecuadorian law governing the role of civic organizations by publishing messages, alerts, and essays with “political overtones.” [El Universo; OAS Press Release] As evidence of this, the annex to SECOM’s notice contains 57 tweets, many of which it claims contain links to opinion pieces or news articles that criticize the government. [Human Rights Watch] The organization was given 10 days since the receipt of this dissolution order to present evidence in its defense. [Freedom House]

A group of Special Rapporteurs from both the United Nations and the Inter-American Commission on Human Rights (IACHR) have expressed deep concern about these proceedings, noting, “The forced dissolution of an association is a truly extreme measure, which can only be justified in the most exceptional cases, under strict compliance with the principles of legality, necessity and proportionality, and aimed at achieving a pressing need in a democratic society.” [OAS Press Release]

Background

Fundamedios is the only independent press freedom organization operating in Ecuador. It was established in late 2006 to “promote and protect the rights and freedoms of expression, press, and access to information and association.” It aims to create a society with an increased understanding of citizens’ right and liberties. Part of its work has included monitoring threats to freedom of expression and association; this monitoring has revealed 1,305 reported aggressions against press freedom in Ecuador since 2008 as well as 126 government sanctions against media outlets and journalists. [Committee to Protect Journalists]

Prior to the recent issuing of this order, there had been other incidents in which the government had placed obstacles in the way of the work of Fundamedios. Most recently, Fundamedios became the subject of government intervention on January 16, 2014, when SECOM notified the organization that it was under its control and requested it to provide financial information. On June 24, 2015, SECOM issued a notice to Fundamedios that the State believed it had moved into the realm of political issues and away from its stated objectives. [University of Texas]

SECOM is relying on Executive Decree 16 for its decision to dissolve Fundamedios. This legislation, from June 2013, delineates the grounds upon which the government can dissolve organizations. These grounds include engaging in political activities that should be performed only by parties and movements that have registered with the appropriate government body, as well as interfering in public policies that infringe upon the internal or external security of the State or disturb public peace. Fundamedios, The Right to Gather in Peace – Decree 16 and Threats to Social Organization in Ecuador, 2014. [Spanish only]

Similar Incidents Targeted at Other Organizations

Even prior to the Ecuadorian government’s recent initiation of proceedings to dissolve Fundamedios, in recent years, the State has taken steps to regulate the media. For example, in 2013 Ecuador passed a Communication Law that, among other things, imposes restrictions on media content, requires that journalists have certain professional qualifications, and creates regulatory bodies. See Freedom House, Freedom of the Press Report: Ecuador (2015).

In 2014, these regulatory agencies monitored whether media agencies were in legal compliance with the Communication Law. According to Fundamedios, this resulted in 113 cases of judicial or administrative harassment of the media in 2014. These cases included the filing of complaints against four newspapers on the basis that they did not adequately report on President Correa’s visit to Chile as well as the fining of a newspaper for publishing an inadequate apology with respect to their coverage of a news item. See Freedom House, Freedom of the Press Report: Ecuador (2015).

The government also relied on Executive Decree 16 for its December 2013 shut down of Fundación Pachamama, an NGO that campaigned for the rights of indigenous peoples. [Pachamama Alliance]

National, Regional, and International Response

Human rights bodies and NGOs have condemned the Ecuadorian government’s decision to initiate dissolution proceedings against Fundamedios and urged SECOM to withdraw the procedure and conform to its international legal obligations. [Committee to Protect Journalism]

The Ombudsman of Ecuador, Ramiro Rivadeneira, called on SECOM to not proceed with the process of dissolution of Fundamedios and urged him to instead make efforts towards strengthening dialogue with social organizations. [El Universo]

Additionally, in a joint statement, the Special Rapporteur on the rights to freedom of peaceful assembly and of association (Maina Kiai), Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (David Kaye), and Special Rapporteur on the situation of human rights defenders (Michael Forst) of the United Nations along with the Rapporteur on the Rights of Human Rights Defenders (José de Jesús Orozco Henríquez) and Special Rapporteur for Freedom of Expression (Edison Lanza) of the Inter-American Commission on Human Rights emphasized that associations, especially those that work to defend human rights, should enjoy the right to freedom of expression, including the freedom to openly criticize government policies and practices. They went on to note that the fact that certain types of speech are considered “political” in nature cannot serve as justification for State interference in the dissemination of information. Finally, the group of experts called for the revision of Executive Decree 16 that serves as the basis for both the current proceedings and the previous closure of Pachamama and calls on the government to end the dissolution process, offering technical assistance if necessary. [OAS Press Release]

Human Rights Watch has similarly called for the government to close the administrative process and repeal Executive Decree 16 in order to comply with its obligations to protect the right to freedom of expression and association as guaranteed by, among other treaties, the American Convention on Human Rights. [Human Rights Watch]

Response from Fundamedios

Fundamedios has responded to the initiation of the dissolution process by declaring that it is “in resistance” under the Constitution. Fundamedios has decided to use this option given that all administrative resources that would otherwise be available, such as a request for reconsideration or appeal, are in SECOM’s hands and thus, would not serve as actual solutions. Fundamedios has also requested SECOM to respond to a series of requests and questions including the following: to appoint three independent experts to determine whether the “evidence” upon which SECOM has based its dissolution order is probative, to involve the public defender in a hearing on the dissolution, and to provide details as to the law on which SECOM is basing its authority to dissolve an organization such as Fundamedios. [Ecuador Review] The lawyer representing Fundamedios has stated plans to pursue all legal resources, both nationally and, if necessary, to counter the allegations. [University of Texas]