[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>