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ECUADOR
President Gustavo Noboa’s administration, which has
been in power since January 2000, was generally tolerant of criticism
in 2002 and respected the work of the press, except for some incidents
in which journalists were temporarily denied full access to the Palace
of Government.
Following the current regional wave of disillusionment
with traditional political parties in Latin America, on October 20, Ecuador’s
first round of general elections saw candidates from nontraditional parties—former
army officer Lucio Gutiérrez and banana tycoon Álvaro Noboa (of no relation
to the president)—advance to the runoff, where Gutiérrez emerged as the
winner of the November 24 poll. According to Participación Ciudadana Ecuador
(Citizens’ Participation Ecuador), a nongovernmental organization that
monitored the electoral process, “while media coverage of all candidates
has been acceptable, … in the first round there were candidates who …
had a smaller presence in the news.”
Some journalists praised the print media for maintaining
relative independence from political parties but pointed out that powerful
banking groups that control broadcasting outlets (and whose executives
have been investigated or tried on corruption charges) have close ties
to politicians. Other journalists noted that media owners, not the government,
discouraged reporters from investigating the banking crisis that caused
the collapse of several private banks in 2000 and cost taxpayers and account
holders hundreds of millions of dollars.
Ecuadoran journalists confront some of the same
pressures as their colleagues in the rest of Latin America, namely low
salaries that make them more vulnerable to bribes, the threat of criminal
defamation lawsuits, and difficulties accessing information held by state
institutions, particularly the judiciary.
In 2002, Jorge Vivanco Mendieta, deputy editor and
columnist at the Guayaquil daily Expreso, continued to fight criminal
and civil defamation charges filed in July 2001 by Fernando Rosero, a
parliamentary deputy from the Ecuadoran Roldosista Party. The charges
stem from several Expreso articles by Vivanco criticizing army
generals for not defending themselves against Rosero’s allegations that
they had purchased defective weapons from Argentina. In October, however,
after numerous appeals by Rosero, the Supreme Court dismissed the criminal
lawsuit. The appeals process in the civil lawsuit was continuing at year’s
end.
On September 30, newspaper owners proposed an access
to information bill to President Noboa, who pledged to submit it to Congress.
While the Ecuadoran Constitution guarantees access to information under
Article 81, the country has no comprehensive law that establishes deadlines
and procedures for disclosure or that punishes officials who refuse to
comply.
On September 18, Congress approved a bill to reform
the Law of Radio and Television Broadcasting. Article 1 of the measure
recognizes the right of community radio stations run by Indian, Afro-Ecuadoran,
and peasant organizations to raise funds through donations, paid announcements,
and advertising. On September 30, Noboa vetoed the bill and sent it back
to Congress because he objected to articles that could be used to restrict
press freedom. On October 30, the Congress overrode Noboa’s veto.
In February, the government imposed a state of emergency
in the oil-producing provinces of Sucumbíos and Orellana after violent
anti-government protests erupted there. The emergency decree called for
the army to administer the region and restricted constitutional guarantees,
including freedom of expression. As a result, Radio La Jungla, which the
government accused of inciting the population to violence by telling people
to engage in street protests and of issuing messages against the emergency
decree, was temporarily shuttered. On March 4, the state of emergency
was lifted and the station went back on the air.
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