Condemns the growing repression of democracy and human rights in Ecuador, including the suppression of freedom of expression and increased government control over the judiciary.
Calls on the Secretary of State to: (1) note in the 2012 and future Country Reports on Human Rights Practices for Ecuador the limited ability to report on the full account of human rights abuses in Ecuador due to a lack of transparency within government institutions in that country; and (2) provide to the relevant Senate and House committees a budget and performance review of Department of State and U.S. Agency for International Development (USAID) activities in Ecuador funded to promote strong democratic institutions, the rule of law, and human rights.
Expresses concern regarding: (1) the lack of high-level counternarcotics cooperation between the United States and Ecuador, (2) aspects of Ecuador's actions that fail to meet the intentions of the Andean Trade Preference Act (ATPA) and the Andean Trade Promotion and Drug Eradication Act, and (3) the expanded relationship between Ecuador and Iran.
Declares that the House of Representatives is not inclined to support a renewal of ATPA for Ecuador based on the current status of such concerns. Calls for a careful review of such concerns, in addition to Ecuador's eligibility as a beneficiary country, when considering renewal of ATPA, which expires on July 31, 2013.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 745 Introduced in House (IH)]
112th CONGRESS
2d Session
H. RES. 745
Expressing concern regarding the conditions of democracy, freedom of
the press, human rights, business and investment climate,
counternarcotics cooperation, and the relationship with Iran, in
Ecuador prior to the July 31, 2013, expiration of the Andean Trade
Preference Act and the Andean Trade Promotion and Drug Eradication Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2012
Mr. Mack (for himself, Mr. Engel, Ms. Ros-Lehtinen, Mr. Sires, Mr.
Diaz-Balart, Mr. Rivera, Mr. Burton of Indiana, Mr. Harper, and Mrs.
Schmidt) submitted the following resolution; which was referred to the
Committee on Foreign Affairs, and in addition to the Committee on Ways
and Means, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
RESOLUTION
Expressing concern regarding the conditions of democracy, freedom of
the press, human rights, business and investment climate,
counternarcotics cooperation, and the relationship with Iran, in
Ecuador prior to the July 31, 2013, expiration of the Andean Trade
Preference Act and the Andean Trade Promotion and Drug Eradication Act.
Whereas since 2007, the Government of Ecuador has expropriated and fined
magazines, newspapers, and radio and television stations, pursued
criminal and civil legal action against journalists, media outlets, and
political opponents, and utilized legislation to broaden official
censorship powers;
Whereas, as a result of a February 6, 2011, opinion column regarding President
Correa's involvement in a September 2010 protest by the National Police,
Correa sued El Universo executives and an opinion editor for $80,000,000
dollars for ``defamatory libel'', and the lower court's ruling against
the El Universo defendants for 3-year jail terms and fines totaling
$40,000,000 was subsequently upheld by Ecuador's National Court of
Justice, while the precedent from this ruling remained intact, it was
not enforced as a result of a pardon request made by President Correa;
Whereas the Inter American Press Association called the decision by Ecuador's
National Court of Justice on President Correa's libel suit against El
Universo ``a serious attack on freedom of the press and gagging of
independent journalism'', and denounced ``a judicial and legal structure
that is used to make reprisals against those who dissent from official
policy'';
Whereas under President Correa, the Government of Ecuador has threatened and
dismissed judges critical of or opposed to executive branch policies and
legislatively altered the judicial system in a way that Human Rights
Watch has cited ``could lead to a significant increase in the
government's influence over the appointment and dismissal of judges'';
Whereas according to the United States Department of State's 2011 Country Report
on Human Rights Practices for Ecuador, the judiciary was ``susceptible
to outside pressure and corruption'', reaching ``decisions based on
media influence or political and economic pressures'' while ``in some
cases the outcome of trials appeared predetermined'';
Whereas the United States Department of State's 2011 Country Report on Human
Rights Practices for Ecuador described instances of ``excessive force by
public security forces, restrictions on freedom of speech and press, and
official corruption'' and ``corruption and denial of due process within
the judicial system'';
Whereas the Special Rapporteur for Freedom of Expression of the Organization of
American States Inter-American Commission on Human Rights has stated
that censures of expression through criminal laws like those in Ecuador
``are unnecessary, disproportionate, and cannot be justified by any
imperative social interest; they also constitute a form of indirect
censorship given their intimidating and chilling effect on the
discussion of matters in the public interest'';
Whereas according to asylum statistics provided by the United States Department
of Justice Executive Office for Immigration Review, Ecuadoran citizens
are increasingly turning to the United States for support and
protection, applying for asylum 230 percent more in 2011 than in 2007,
and Ecuador is consistently among the top 12 nationalities applying for
asylum in the United States;
Whereas the Government of Ecuador has expropriated assets, including in the
media and energy industries;
Whereas according to the United States Department of Commerce, ``fundamental
weaknesses in Ecuador's judicial system and the rule of law are major
challenges in doing business in Ecuador'' and Correa has created a
``challenging'' and ``uncertain'' climate for business and foreign
direct investment in Ecuador;
Whereas Ecuador has withdrawn from the World Bank's Convention on the Settlement
of Investment Disputes between States and Nationals of Other States and
has stated its intention to terminate the United States-Ecuador
Bilateral Investment Treaty (BIT);
Whereas Ecuador has not complied with the interim award issued by an
international arbitration tribunal convened under Article 6 of the
United States-Ecuador BIT, which enjoins Ecuador ``whether by its
judicial, legislative or executive branches) to take all measures
necessary to suspend or cause to be suspended the enforcement and
recognition within or without Ecuador'' of the $18,200,000,000 judgment
by Ecuadoran courts against the Chevron Corporation;
Whereas according to the United States Department of State's 2011 Investment
Climate Statement on Ecuador, ``systemic weakness in the judicial system
and its susceptibility to political or economic pressures constitutes
important problems faced by U.S. companies investing in or trading with
Ecuador'', ``corruption is a serious problem in Ecuador'', and
``Transparency International consistently ranks Ecuador near the bottom
among countries it surveys in the region'';
Whereas although the Ecuadoran authorities report seizing 21.5 metric tons of
finished cocaine in 2011, according to the United States Department of
State's 2012 International Narcotics Control Strategy Report, ``Ecuador
is a major transit country for illegal narcotics'';
Whereas, according to October 19, 2011, testimony of the Department of State
before the Senate Caucus on International Narcotics Control, ``the
closure of the Forward Operating Location in Manta in 2009, the
expulsion of two Embassy officials in 2009, and the precipitous and
unwarranted expulsion of Ambassador Hodges in April'', are ``Ecuadorian
actions [that] were not supportive of a positive and cooperative
relationship'' between the United States and Ecuador;
Whereas Ecuador's relationship with Iran has become closer in recent years, most
recently with the visit of Iranian President Mahmoud Ahmadinejad to
Ecuador in January 2012;
Whereas sections 203(c) and (d) and 204(b)(6)(B) of the Andean Trade Preference
Act (ATPA) (19 U.S.C. 3202(c) and (d) and 3203)(b)(6)(B)), as amended by
the Andean Trade Promotion and Drug Eradication Act (ATPDEA), list
factors that serve as limitations, as well as other factors to be taken
into account, in deciding whether to designate a country as a
beneficiary under the ATPA; and
Whereas section 203(e) of the ATPA, as amended by the ATPDEA, makes clear the
intention of Congress that these limitations and factors continue to be
taken into account in determining whether a country receives benefits
under the ATPA, given that the President may withdraw or suspend
designation as a beneficiary country if the President determines that
``as a result of changed circumstances,'' a country ``should be barred
from designation as a beneficiary'': Now, therefore, be it
Resolved, That the House of Representatives--
(1) condemns the growing repression of democracy and human
rights in Ecuador, including the suppression of the freedom of
expression and increased government control over the judiciary;
(2) calls on the Secretary of State to note in the 2012 and
future Country Reports on Human Rights Practices for Ecuador
the limited ability to report on the full account of human
rights abuses in Ecuador due to a lack of transparency within
government institutions in Ecuador;
(3) calls on the Secretary of State to provide to the
relevant committees of the United States Senate and House of
Representatives a budget and performance review of United
States Department of State and United States Agency for
International Development activities in Ecuador funded to
promote strong democratic institutions, the rule of law, and
human rights;
(4) expresses its concern regarding the lack of high-level
counternarcotics cooperation between the United States and
Ecuador and regarding aspects of Ecuador's actions that fail to
meet the intentions of the Andean Trade Preference Act (ATPA)
and Andean Trade Promotion and Drug Eradication Act (ATPDEA);
(5) expresses its concern regarding the expanded
relationship between Ecuador and Iran; and
(6) expresses its disinclination to support a renewal of
the ATPA, as amended by the ATPDEA, for Ecuador based on the
current status of the concerns contained in this resolution,
and calls for a careful review of such concerns, in addition to
Ecuador's eligibility as a beneficiary country, when
considering renewal of the ATPA, as amended by the ATPDEA,
which currently expires on July 31, 2013.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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