New Law Threatens Freedom of Press in Ecuador

New Law Threatens Freedom of Press in Ecuador

By Sovereign Hager

Impunity Watch Reporter, South America

QUITO, Ecuador-Human Rights Watch is calling for Ecuador’s communications bill to be amended so as not to limit freedom of expression. The proposal includes “vague language” that would limit the content of media programing. The bill is currently being debated in Ecuador’s National Assembly. Members of the Ecuadorian press have publicly protested what they consider to be a “gag bill.”

The proposed law includes provisions stating that the exercise of communication rights will be subject to prior censorship in cases “established in the constitution, in international treaties in force, and in the law.” Another provision states that the media will disseminate “primarily contents of an informative, educational, and cultural nature.”

Those in opposition to these provisions point out that Article 13 of the American Convention of Human Rights explicitly prohibits prior censorship. The Declaration of Principles on Freedom of Expression, adopted by the Inter-American Commission on Human Rights, prohibits “prior censorship, direct or indirect interference in or pressure exerted upon any expression, opinion or information transmitted through any means” of communication.

Rights group are arguing for an amendment rather than that the entire legislation be scrapped because the law includes “positive measures.” These measures include a prohibition on monopolies and oligopolies in the media, subtitles or sign language to provide equal access for people with hearing disabilities, and the requirement that public bodies and private entities that manage public resources or services of this nature disclose information in their possession.

Human Rights Watch America’s Director, Miguel Vivanco argued that “an act of communication should promote rather than limit the free flow of information essential to strengthen an open debate in any democratic society.”

An especially contentious aspect of the law is the creation of the National Communication and Information Council, an eight-person body charged with overseeing the application of the law. The Council would be chaired by a presidential representative with a deciding vote.

A representative of Ecuador’s National Union of Journalists stated that the “government is looking to control every aspect of society.” One journalist argued that the new law would leave the media “subject to an endless number of sanctions.”

The International Press Institute called on Ecuador’s legislators to “exercise extreme caution” while debating the law, to ensure that local media concerns are heard and that “media freedom is not damaged.”

For more information, please see:

La Voz Libre-Human Rights Watch Critica el Proyecto de le Comunicación en Ecuador-16 December 2009

Human Rights Watch-Ecuador:Amend Draft Communications Law-15 December 2009

International Press Institute-Journalists in Ecuador Rally Against Draft Communications Law-25 November 2009

Knight Center for Journalism-Ecuador’s Disputed Media Bill Reaches Law Makers-23 November 2009

UN Chief Calls for End to Saharawi Hunger Strike

By Kylie M Tsudama
Impunity Watch Reporter, Africa

RABAT, Morocco – Saharawi activist Aminatou Haider remains on hunger strike in the Spanish Canary Islands.  She has been on strike for nearly a month after being denied entry into Western Sahara for denying Moroccan citizenship.

Morocco called her strike part of “a systematic, methodical plot devised by Algeria.”

Algeria has long been an ally of the Polisario Front independence movement.  Haider is accused of being aligned with the group.

“The lady is at the orders of her masters,” said Communications Minister Khalid Naciri.  “She is being manipulated in a plan to divide and destabilize the region.”  He added, “[Algiers] is in a position of weakness in relation to the plan for autonomy drawn up by Morocco for the Western Sahara and which is welcomed by the international community.”

On Monday, United Nations Secretary General Ban Ki-moon said he is “deeply concerned” about Haider’s failing health and has urged Moroccan Foreign Minister Taieb Fassi Fihri to return her.

“I hope that the foreign minister of Morocco will discuss this matter inside his country.  I expressed my very serious concern about her health on humanitarian grounds,” said the Secretary General.  “She has been staging this hunger strike for over 25 or 26 days.  I am told that her health situation is deteriorating.”

Morocco and Spain have long fought over Western Sahara.  After Spanish colonialism ended in 1975 and Spain withdrew from the region, Morocco took control.  Algeria has been supportive of ethnic Saharawi who are fighting for independence.

“We can’t take responsibility for a systematic, methodical plot devised by Algeria.  Too much is too much,” said Naciri.  He called Morocco and Spain “victims of a Machiavellian plan.”

The Secretary General said the UN needs to do more to expedite political negotiations between Spain and Morocco.  He also said he is going to discuss with Christopher Ross, his Personal Envoy, about expediting the political process.  He also said that he will raise the humanitarian situation of Haider and ask that special attention be paid to the issue.

For more information, please see:

AllAfrica – Western Sahara: UN Chief Calls for ‘Political Negotiations’ on Territory – 15 December 2009

Xinhua – Ban Urges Morocco, Spain to End Saharawi Activist’s Hunger Strike – 15 December 2009

AFP – Morocco Says Hunger Strike is an ‘Algerian Plot’ – 14 December 2009

Washington, D.C. City Council Approves Gay Marriage

15 December 2009

Washington, D.C. City Council Approves Gay Marriage

By Stephen Kopko

Impunity Watch Reporter, North America

WASHINGTON D.C., United States – Washington, D.C. has become the latest city that will recognize same sex marriage. The Washington D.C. City Council passed a same sex marriage bill that would allow gay couples to marry within the city’s jurisdiction today. Before the passage of the legislation, the city recognized those same sex couples that were married in states or cities that allowed gay marriage.

The City Council passed the legislation by an eleven to two vote. The bill will now go to Mayor Adrian Fenty for approval. Mayor Fenty has promised to sign the same sex marriage legislation before Christmas. After the Mayor signs the legislation, it must survive a thirty day legislative review period before it becomes law.  The legislation also must be reviewed and passed by Congress, who controls the budget for Washington, D.C.

Opponents of the bill are seeking two avenues in which the same sex legislation could be defeated. The first strategy that they are employing is lobbying Congress. Bishop Harry Jackson, pastor of Hope Christian Church said that he and his group, Stand4MarriageDC, will ask Congress not to approve the legislation.  Already, Republicans and conservative Democrats are trying to find ways for blocking the legislation. One of the ways is to attach a rider to future Washington, D.C. appropriations bills. However, many Congressional leaders are worried about usurping local autonomy. To defeat the legislation, both the House of Representatives and the Senate, as well as President Obama, would have to disapprove of the legislation.  The second strategy that opponents are going to use to try and prevent the same sex marriage bill from becoming law is through a referendum.

The Roman Catholic Church also opposing the passage of the bill. It stated that if the same sex marriage bill was passed, it might limit some of their social service programs. These programs help Washington, D.C. residents with adoption, homelessness, and health care. Also, the Church said that they would not extend spousal benefits in health care and retirement to same sex couples.

Supporters of the bill as well as many of the City Council members were happy with the passage. They saw the approval of same sex marriage as a step in the right direction after New York did not approve of same marriage. One couple even became engaged shortly after the passage of the bill in the same meeting hall in which it passed.

For more information, please see:

MSNBC – D.C. City Council Votes to Legalize Gay Marriage – 15 December 2009

NY Times – D.C. Council Approves Gay Marriage – 15 December 2009

Washington Post – D.C. Council Approves Bill Legalizing Gay Marriage – 15 December 2009

Democratic Reform in Tonga Continues

By Cindy Trinh
Impunity Watch Reporter, Oceania

NUKU’ALOFA, Tonga – Kalafi Moala, a newspaper publisher in Tonga, says that the democratic reform program for Tonga continues to progress and the government is committed to the reforms.

Since the 1990s, Tonga has struggled in the fight for democratic reforms. The Pro-Democracy Movement was founded in 1992, and was later renamed in 1998 to the Tonga Human Rights and Democracy Movement.

The Tonga Human Rights and Democracy Movement believes that changes are needed to bring about more democratic governance in Tonga. They address the ongoing issues in Tonga that relate to social justice, exploitation of the poor, inequality, womens’ rights, constitutional amendments, and corruption.

In 1999, a pro-democracy movement was organized to discuss a new, more democratic constitution.

However, a scandal was exposed in 2001, and in 2003 changes in the constitution were made to give the king greater powers and increased the state control of the media.

In 2005, there was a prolonged strike and campaigners for political reform rallied the streets. The protests erupted into violence. Thousands of people marched through the capital, demanding democratic reform.

Riots continued on during 2006 in the capital Nuku’alofa to protest the lack of democratic reforms. Eight people were killed and much of the business district was destroyed.

After King Tupou V finally announced that he will relinquish his near-absolute power held by the monarchy and introduce democratic reforms in 2008, Tonga finally began to implement the democratic reforms that was promised more than a decade ago.

Recently, a committee on constitutional reform was created, called the People’s Committee for Political Reform, and the Committee recommended introducing a popularly elected parliament and reducing the monarchy to a largely “ceremonial role.”

Earlier this month, Akilisi Pohiva, the chair of the People’s Committee for Political Reform, said that the government should endorse a report on democratic reforms to ensure there is no more violence in the country. The Committee urges the government to make quick democratic reforms to prevent any incidents of violence like those in 2005 and 2006.

Currently, a newspaper publisher in Tonga, Kalafi Moala, is confident that the democratic reform program remains on track and that the government is committed to the process.

The Public Servants Association says that the government is “watering down” the reforms and could delay the planned elections in November next year under the amendments.

However, Moalo disagrees, and says this is not the case.

Moalo emphasized that all the MPs have worked hard to implement the recommendations made by the Constitutional and Electoral Commission.

Moalo stated: “Talking to people on the government side as well as People’s Representatives – they are both confident that they are going to meet the deadline. That’s why they are holding extra sessions during the holidays, that’s why they have been working overtime, having evening sessions, because they feel that they want to come in the next session next year all ready to formulate these legislations.”

For more information, please see:
Radio New Zealand International – Tonga observer confident reform process is on track – 15 December 2009

Pacific Islands Report – Tonga Democracy Movement Urges Quick Reforms – 30 November 2009

BBC News – Timeline: Tonga – 16 November 2009

Human Rights & Democracy Movement in Tonga  – Human Rights & Democracy Movement in Tonga

Taylor Admits to “Covert” Account

By Jonathan Ambaye
Impunity Watch Reporter, Africa Desk

THE HAGUE, Netherlands-Last week saw more developments in the trial of former Liberian President, Charles Taylor.  The Sierra Leone Special Court Judges allowed the use of new documents by prosecutors to use in their cross examination of Taylor. The judge however said that any documents used to try and show Taylor’s guilt would need to be handed over to Taylor’s defense team in advance. The prosecution agreed to the court order to disclose all documents they intend to use to avoid further “misunderstandings”.

During the course of the prosecution’s cross-examination of Taylor, it has sought to use new evidence to impeach his credibility as a witness in his own defense. Taylor’s defense attorney has called the prosecution’s strategy a “trial by ambush”.  The presiding judge Justice Richard Lussic made the following orders in response to the dispute over the prosecution’s cross-examination of Taylor. The judge ordered that all documents be disclosed to the defense 24 hours prior to its use in court for cross-examination.

Last week also saw Taylor admit to having a “covert” account operated on behalf of the Liberian government, holding millions of dollars.  Prosecutors allege that this account was a personal accunt used to hide away money for Taylor from activities including trading of arms in exchange for Sierra Leone’s diamonds.

Upon Taylor’s admission to having the covert account, the prosecutor read portions of taylor’s pat statements in which he challenged anyone to bring evidence of any secret account that he was alleged to have operated.  The statement read, “I challenge any human being on this planet to bring one bank account that I have money there. If anyone on this planet knows of any asset or bank account anywhere, I authorize you to come forward. There are no bank accounts in the world that I have. If anone can bring any evidence that Charles Taylor has money in a bank account, then Charles Taylor is a liar.”

The prosecutor followed the statement with a reading of a document that indicated the opening of a new bank account signed by Charles Taylor. Taylor’s acknowledgement of this account strengthened the prosecutions efforts to discredit Taylor.

For more information please see:

Charles Taylor Trial – Personal Bank Account In Charles Taylor’s Name was A “Covert Account Operated on Behalf of The Government of Liberia, He Says – 7 December 2009

Charles Taylor Trial – As Judges Order Prosecution To Disclose To Defense All New Documents They Intend to Use In The Cross-Examination – 5 December 2009

Impunity Watch – Taylors Cross-Examination Continues – 8 December 2009