[Congressional Record Volume 159, Number 41 (Wednesday, March 20, 2013)]
[Senate]
[Page S2020]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      FREE SPEECH IN THE AMERICAS

  Mr. LEAHY. Mr. President, there is much at the Organization of 
American States that needs to be reformed, but the Inter-American 
Commission on Human Rights, IACHR, is not among them. Yet that is what 
the Government of Ecuador and some other Latin American governments 
purport to be calling for when the OAS general assembly meets this 
coming Friday.
  In reality, it is not about reform at all but a concerted effort to 
severely weaken the IACHR, the one institution in the Americas that has 
been a consistent, strong defender of free expression and other 
fundamental human rights that have been too often denied by those same 
governments.
  I have spoken previously about the courageous work of Colombian 
lawyer Dr. Catalina Botero, the special rapporteur for freedom of 
expression. I have also spoken about the efforts by Ecuador's President 
Rafael Correa to intimidate and control what remains of an independent 
press in his country. So I will not repeat myself here.
  But the United States is the largest contributor to the OAS, and we 
have provided additional funds in recent years to support the 
critically important work of the IACHR. I want to be sure Senators are 
aware of what is happening, as it could have serious consequences for 
our future support for the OAS. I ask unanimous consent that an article 
in the Washington Post by Cesar Gaviria Trujillo, former President of 
Colombia and Secretary General of the OAS, be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

               [From The Washington Post, Mar. 19, 2013]

                    Muzzling a Free-Speech Champion

                      (By Cesar Gaviria Trujillo)

       Cesar Gaviria Trujillo is a former president of Colombia 
     and past secretary general of the Organization of American 
     States.
       A historic showdown set to occur at Friday's meeting of the 
     general assembly of the Organization of American States could 
     determine the future of human rights protections throughout 
     the Western Hemisphere.
       A group of nations led by Ecuador is pushing to ``reform'' 
     the Inter-American Commission on Human Rights and its office 
     on freedom of expression. The purported aim of these changes 
     is to ``strengthen'' human rights protections. If 
     implemented, however, the reforms will severely weaken the 
     commission and make it easier for governments to ignore basic 
     rights and limit free speech.
       When I served as president of Colombia from 1990 to 1994, I 
     saw how difficult it could be for national institutions to 
     evolve and change without external pressure. As secretary 
     general of the OAS between 1994 and 2004, I saw firsthand how 
     effective the Inter-American Commission could be in providing 
     this pressure when nations needed help to move forward on 
     human rights.
       The commission has played a crucial role, particularly in 
     defending the principles of the Inter-American Democratic 
     Charter. It has pressed for transparency and fair elections, 
     and, equally important, it has intervened when governments 
     sought to undermine judicial independence or free speech. A 
     genuine democracy requires checks and balances as well as 
     freedom of the press.
       The changes being promoted would drastically curtail the 
     autonomy that has been critical to the Inter-American 
     Commission's success. One proposal would prevent the 
     commission from obtaining funds from outside the region, 
     effectively putting a financial stranglehold on the panel. As 
     of this year, about a third of the commission's budget comes 
     from Europe.
       This measure would have a devastating impact, especially on 
     the commission's Special Rapporteurship for Freedom of 
     Expression, which for many years has led the fight for press 
     freedoms throughout the region and has served as a constant 
     thorn in the side of governments that do not believe in free 
     speech. The office stands to lose virtually all of its 
     budget, making it easier for governments to prosecute their 
     critics, impose censorship and close independent media 
     outlets.
       Another reform under consideration would prevent states 
     that have not ratified the American Convention on Human 
     Rights from nominating members to the commission. This 
     measure appears to be designed to limit the involvement of 
     the United States and Canada, neither of which has ratified 
     the convention though they are nonetheless subject to its 
     monitoring and, most important, are major sources of 
     financial and political support for its work.
       Our region has made important progress on human rights 
     since the dark days of the Cold War. Nearly all of this 
     hemisphere's dictatorships have been replaced by democracies. 
     Yet these democracies have at times trampled on free speech 
     and other fundamental rights. The Inter-American human rights 
     system is the best mechanism we have for ensuring that 
     governments in the Americas do a better job of protecting 
     these rights and freedoms.
       So far, only a handful of countries have joined Ecuador in 
     this determined effort to weaken our regional human rights 
     system. Those governments that are truly committed to human 
     rights and democracy must stand up for the commission this 
     week and put an end to this ill-conceived campaign.

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