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FOCUS ON THE AMERICAS - International Press Institute

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Government administration and police<br />

have been accused of corruption in several<br />

nations, preventing investigative journalism<br />

through threats, outdated laws and intimidation<br />

through verbal and physical harassment.<br />

Political and judicial harassment,<br />

as well as neglect regarding Laws on<br />

Access to Public Information have continued<br />

to be the greatest obstructions to press<br />

freedom in the Americas.<br />

In particular, the inability to access files of<br />

hundreds of disappearances in various<br />

military regimes continues to be an issue<br />

in several countries in the Americas. In<br />

May, the Bolivian army finally decided to<br />

declassify the files of the dictatorship<br />

(1980-1981) thereby allowing for the<br />

identification of those involved in human<br />

rights violations. In Uruguay, the press<br />

continues to battle against obstructions<br />

with refusals from soldiers to open up past<br />

crimes committed during the military<br />

regime, despite laws passed requiring the<br />

Judiciary to report on shelved cases.<br />

While no journalists were attacked or<br />

jailed in the Caribbean in 2010, the region<br />

still experienced setbacks in press freedom.<br />

Although Jamaica continued to be a shining<br />

beacon for free expression, radically<br />

outdated criminal defamation laws, and an<br />

Official Secrets Act exist as a means of crippling<br />

media organizations. The high levels<br />

of crime and violence conspire to make living<br />

difficult for all citizens, including journalists<br />

who are victim to police brutality<br />

and abuse of power.<br />

The January 12 Haiti earthquake destroyed<br />

the country’s capital Port-au-Prince, and<br />

took the lives of over 300,000 people. The<br />

national catastrophe devastated the media<br />

and no less than 26 journalists were killed.<br />

Dozens more lost their homes or jobs.<br />

Journalists in Haiti face threats, widespread<br />

corruption, desperate poverty and exile.<br />

Under these conditions, journalists have<br />

struggled to practice their profession to its full<br />

potential. IPI has contributed to the Haiti<br />

News Project, in an effort to promote and rebuild<br />

the shattered<br />

media institutions.<br />

Cuba has the most<br />

restrictive press freedom<br />

laws in the<br />

Americas. The government<br />

vigorously<br />

prohibits free journalism or speech under<br />

the pretext of protecting state security. The<br />

constitution forbids private media and incorporates<br />

laws for those who speak<br />

against the socialist government. Those accused<br />

of “collaborating with the enemy’s<br />

media” are subject to the 1997 Law of National<br />

Dignity, which provides for up to ten<br />

20<br />

IPI REVIEW<br />

Journalists in Haiti face<br />

threats, widespread corruption,<br />

desperate poverty<br />

and exile.<br />

Above: Hernando Lopez, who says he has been displaced due to violence caused by Colombia's ongoing battle<br />

with rebels from the Revolutionary Armed Forces of Colombia (FARC), has his mouth sewn as he is nailed to a<br />

makeshift cross during a protest in Bogota, August 19, 2010. (REUTERS)<br />

years in prison. It is virtually impossible to<br />

work independently from state-owned media<br />

without being detained and intimidated by<br />

state officials, often being charged with disrespect<br />

or distributing enemy propaganda.<br />

There are currently<br />

55 prisoners of conscience<br />

detained in<br />

Cuba, most serving<br />

for criticizing the<br />

Cuban government<br />

and campaigning for<br />

human rights. Among these detainees<br />

there are several independent journalists.<br />

Although the Internet is completely controlled<br />

by the government, some bloggers<br />

have managed to access the Internet illegally<br />

in order to post independent ideas. This is a<br />

small victory for those who have braved<br />

the laws and put themselves in danger to<br />

fight for their right to a free flow of information.<br />

Blogger Yoani María Sánchez<br />

Cordero was named one of 60 IPI World<br />

<strong>Press</strong> Freedom Heroes in 2010 for her blog<br />

Generation Y – which stirs powerful debate<br />

over the repressive climate in Cuba.<br />

Although the world commended the release<br />

of more than 50 jailed dissidents, including<br />

29 journalists, IPI called on President<br />

Rául Castro to release the remainder<br />

of those detained in 2003 and sentenced to<br />

terms between six and 28 years. Among<br />

those journalists released was Omar Rodríguez<br />

Saludes for whom IPI ran a ‘Justice<br />

Denied’ movement over the past several<br />

years. Saludes, along with the others released,<br />

now lives in Spain.<br />

North America<br />

Canada<br />

By Sophie Nicholls<br />

The year marked a significant development<br />

for free expression in Canada.<br />

On May 3 – World <strong>Press</strong> Freedom Day – the<br />

first “Canadian Free Expression Review,” an<br />

annual report on the health of free expression<br />

in Canada was launched by Canadian<br />

Journalists for Free Expression (CJFE).<br />

The organization, which raises awareness<br />

and understanding about free expression<br />

issues, decided to publish the review after<br />

noticing that Canadian free speech issues<br />

and cases were on the rise.<br />

A restrictive Access to Information process,<br />

violent attacks on representatives of the<br />

ethnic press and the rights of citizens and<br />

media compromised at major international<br />

events are but a few examples of what CJFE<br />

describes as a “disturbing trend” for free expression<br />

in Canada. Furthermore, in 2009,<br />

Canada slipped six spots, from 19th to 13th<br />

place, in the global press freedom rankings.<br />

Canada is no longer the ‘go-to’ country<br />

when it comes to delivering advice on<br />

how to implement and run Freedom of Information<br />

systems. In fact, its Access to Information<br />

process has come up against severe<br />

criticism, both nationally and globally,<br />

in recent years.<br />

A new Freedom of Information study, conducted<br />

by two British academics from University<br />

College London, ranked Canada last<br />

for international freedom of information<br />

laws in comparison to that of four other<br />

parliamentary democracies.<br />

The study, which compared Australia, New<br />

Zealand, Ireland, the United Kingdom and<br />

Canada, considered a number of factors including<br />

statistics on appeals, court decisions<br />

and delays, which affect the processing<br />

of information requests and the release<br />

of government information.<br />

But this is not new news. In 2008, the Canadian<br />

Newspaper Association determined<br />

that Canada’s Access to Information Act<br />

performed below status quo in comparison<br />

to other countries, including its neighbor to<br />

the south, the United States.<br />

Canada is criticized for having an out-ofdate<br />

model that prevents users from submitting<br />

requests and payments electronically,<br />

which deters people from using the<br />

system. Some critics say there are too few<br />

requests and too few lobby groups fighting<br />

to change this archaic system. Chronic processing<br />

delays and a censoring of government<br />

material are also sources of scrutiny.<br />

For example, in 2010, 56 per cent of requests<br />

were responded to within the<br />

30-day statutory limit outlined in the Access<br />

to Information Act, compared to 70 per<br />

cent a decade ago; while of the 35,000 requests<br />

filed in 2010 only 16 per cent fully<br />

disclosed the information requested, compared<br />

to 40 per cent a decade ago.<br />

Currently, under the Access to Information<br />

Act, which came into effect in 1983, citizens<br />

can request government information for a<br />

$5 fee, but the application includes a number<br />

of exemptions, leaving a loophole for<br />

censoring material. For example, in 2010,<br />

the Canadian <strong>Press</strong> submitted a complaint to<br />

the Information Commissioner of Canada<br />

after the Public Works Department delivered<br />

a censored version of a real-estate portfolio<br />

more than two months late. Currently, there<br />

are at least three government departments<br />

under investigation for allegedly interfering<br />

with the information release process, and a<br />

2007-2008 Report Card from Canada’s information<br />

commissioner gave several government<br />

departments just two out of five stars<br />

for their incompetent adherence to the Access<br />

to Information Act.<br />

Several of Canada’s information commissioners<br />

have criticized the system, attributing<br />

its decline to a lack of resources, backlog<br />

of requests and the commissioner’s lack<br />

of authority to order the release of documents.<br />

Despite political pressure, the conservative<br />

Government of Canada has failed<br />

IPI REVIEW<br />

21

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