Government moves to close Ecuadorian NGO
Ecuadorian organization Fundamedios is at risk of being closed down by the authorities. This appears to be an attempt to restrict freedom of association and expression in Ecuador and interfere with the legitimate work of Human rights Defenders and NGOs. Other organizations are at risk of being closed down.
UA: 196/15 Index: AMR 28/2433/2015 Ecuador Date: 11 September 2015
URGENT ACTION
GOVERNMENT MOVES TO CLOSE ECUADORIAN NGO
Ecuadorian organization Fundamedios is at risk of being closed down by the authorities.
This appears to be an attempt to restrict freedom of association and expression in
Ecuador and interfere with the legitimate work of Human rights Defenders and NGOs.
Other organizations are at risk of being closed down.
On 8 September, the National Communication Secretariat (Secretaria Nacional de Comunicación, Secom) notified
Fundamedios, a national NGO working on freedom of expression issues in Ecuador, that they have started a
process to close them down. The notification stated that Fundamedios has violated their own statutes and
Executive Decree no. 16, which establishes a series of restrictions and regulations on NGOs. They have 10 days to
defend themselves and appeal the decision.
According to the notification, “Fundamedios has disseminated messages, alerts and essays with indisputable
political overtones that makes clear the position of this social organization, whose remit should be confined to
social communication and journalism”. Fundamedios denied engaging in party politics and believes this move by
Secom is in reprisal for their work monitoring and reporting on threats to freedom of expression and association in
Ecuador.
The notification states that Fundamedios have violated article 26 of Executive Decree no. 16, which establishes
that: ‘‘Engaging in political activities reserved for political parties and movements registered in the National Electoral
Council, that affect the public peace or that interfere in public policies that threaten the internal or external security
of the state’’, is grounds for closing down organizations.
Please write immediately in Spanish or your own language:
Calling on the authorities to guarantee that Fundamedios are allowed to carry out their legitimate work without
interference;
Expressing concern about Executive Decree no. 16 and urging them to review it and ensure that it is in line with
international human rights obligations, including due process of law principles and the recommendations of the UN
Human Rights Council Resolution on the Protection of Human Rights Defenders;
Reminding them that States have a responsibility to protect human rights defenders and create the conditions
necessary to ensure that they can carry out their legitimate activities without any unfair restrictions or fear of
reprisals, as established in the 1998 UN Declaration on Human Rights Defenders.
PLEASE SEND APPEALS BEFORE 23 OCTOBER 2015 TO:
President of Ecuador
Rafael Correa Delgado
Presidente de la República
Garcia Moreno N10-43 entre Chile y
Espejo, Quito, Pichincha, Ecuador
Twitter: @MashiRafael
Salutation: Dear President / Señor
Presidente
Minister of Justice
Dra. Ledy Zúñiga Rocha
Ministra de Justicia, Derechos humanos
y Cultos
Av. Colón entre Diego de Almagro y
Reina Victoria. Edif Torres de Almagro.
Quito, Ecuador
Salutation: Dear Minister/ Señora
Ministra
And copies to:
Fundamedios
Iñaquito E2-32 y UNP, Edificio UNP,
Piso 4, Ofic. 403
Quito, Ecuador
Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:
Name Address 1 Address 2 Address 3 Fax Fax number Email Email address Salutation Salutation
Please check with your section office if sending appeals after the above date.
URGENT ACTION
GOVERNMENT MOVES TO CLOSE ECUADORIAN NGO
ADDITIONAL INFORMATION
In June 2013 Ecuador’s President Rafael Correa Delgado approved Executive Decree 16, which grants the authorities wide
powers to monitor and dissolve non-governmental organizations (NGOs). The Decree does not have a procedure that is
respectful of due process for the closure of organizations and does not give NGOs the opportunity to defend themselves and
contest the charges before being closed.
A few months after the Decree was issued the Indigenous and environmental rights organization Fundación Pachamama was
closed on 4 December 2013. The closure order claimed Fundación Pachamama had violated the Executive Decree which
establish the following as grounds for dissolution: “Deviation from the aims and objectives for which it was created” and
“Engaging in political activities reserved for political parties and movements registered in the National Electoral Council, that
affect the public peace or that interfere in public policies that threaten the internal or external security of the state” (for more
information, see Ecuador: Ecuadorian police shut down NGO, http://www.amnesty.org/en/documents/AMR28/003/2013/en/).
A recent resolution of the UN Human Rights Council on the Protection of Human Rights Defenders calls on States to ensure
that legislation designed to guarantee public safety and public order contains clearly defined provisions consistent with
international human rights law, and that such legislation is not used to impede or restrict the exercise of any human right,
including freedom of expression, association and peaceful assembly, which are essential for the promotion and protection of
other rights (A/HRC/RES/22/6).
Name: Fundamedios (NGO)
Gender m/f: both
UA: 196/15 Index: AMR 28/2433/2015 Issue Date: 11 September 2015