Buenos Aires mayor Mauricio Macri. (Photo: Wikipedia)

The Constitutional Affairs Committee of the Buenos Aires legislature signed a majority opinion on a new bill that will replace the decree on ‘defence of press freedom’, issued last week by Buenos Aires Mayor Mauricio Macri. The initiative was supported by opposition parties Proyecto Sur and Coalición Cívica.

The bill introduces some modifications to the text of the decree, which were proposed by Julio Raffo from Proyecto Sur and Fernando Sánchez of the Coalición Cívica.

Today’s meeting was held in the office of legislator Alejandro García (PRO) where amendments to articles 25 and 26 were negotiated, both referring to the creation of a competent jurisdiction on issues related to press freedom.

The changes were proposed after a Buenos Aires judge partially suspended the decree based on an injunction presented by Nuevo Encuentro legislators Gabriela Cerruti, Delia Bisutti, and Edgardo Form. They argued that the articles that stated that “freedom of press and expression of the media in the City of Buenos Aires can not be restricted, and neither can the right to free access to information of the people of the City through indirect routes, the imposition of tariffs, taxes, regulation or recurring charges for the production or importing of print paper, equipment, supplies, and machines used for the distribution of expression, information, opinions or ideas through any medium or form” were unconstitutional, as the city government cannot legislate on tax-related matters

The bill will be debated next Thursday, when it is expected that it could be passed.

The Buenos Aires Metropolitan Police are no strangers to confrontation with the public. (Photo: Beatrice Murch)

A protest against a new city project at Hospital Borda turned into a violent confrontation with the Metropolitan Police on Friday morning, resulting in more than 30 injuries and at least five people detained.

As reported by psychiatric hospital staff, the clashes erupted after city government workers began demolishing the hospital’s workshop as part of a plan to build a civic centre on the premises.

Ricardo Talabera, of the State Workers Association (ATE) told C5N today that: “The incident began at 6am on Pedriel street when, without a warrant, city workers began to remove the materials from the patients’ carpentry and blacksmith workshops.”

Although Buenos Aires law prohibits armed police presence in psychiatric hospitals, more than 300 police came to prevent hospital staff from entering the workshop while the demolition was happening.

The city’s deputy mayor María Eugenia Vidal said she understands the backlash, but she met with the secretary general of ATE and said he did not provide an alternative proposal.

“The dialogue remains open, but we must continue with this work because the workshop had asbestos, which is carcinogenic,” she said.

Vidal added that the work is to take place “on the land connected to Borda hospital,” and “will not in any way affect the hospital or patients who are hospitalised.”

Details are still emerging, but initial reports say four policemen are being hospitalised with injuries from protestors, and at least 30 protesters were injured.

Many protesters were injured by batons and rubber bullets, including journalists from Clarín and C5N. The Argentine press freedom organisation FOPEA tweeted that they plan to investigate “the repression of journalists by Metropolitan Police at Hospital Borda.”

ATE has called a strike for Tuesday in protest at the police action.

UPDATE:Radio station LaF5Radio has released footage of the confrontation:

World Press Freedom Day took place on 3rd May this year, celebrated in cities around the world. Sponsored by UNESCO (United Nations Educational, Science, and Cultural Organisation), the event’s purpose is to examine the promise and challenges facing media of various forms, as well as inform citizens on violations of press freedom that continue to this day.

In Latin American countries, the press has made many important strides, often through some of the most difficult present day conflicts. In cases such as Mexico and Honduras, however, reporters are frequently intimidated and targeted for violence by members of organised crime.  In other countries, such as Venezuela and, to a debatable extent, Ecuador, hostile relationships between the government and certain parts of the press have produced censorship.

In order to find out what residents of Buenos Aires think about the current state of press freedom in Argentina and throughout Latin America, we took to the streets and asked for some opinions.

Photos by Kamilo Hernández

Jorge Alberto Vajanella, 62, Caballito, Public Accountant

Here in Argentina, freedom in the press is very broad. No matter who or where you are, you can say what you want. In the newspaper, on television, on the radio, on the streets, wherever. In Mexico, of course, there is a profoundly serious problem, and in Venezuela the government has considerable control over media and communications. I think the press faces repression in Chile as well, partly because of the right-leaning government. In general, I think the press in Latin America is becoming freer every day, and young people have the resources to continue this trend in the future.

Christian Savloff, 25, Caballito, Works in Film Post-production

I think it’s important to highlight that the press has commercial interests beyond informing us, like Clarín’s role here in Argentina, as well as La Nación. While the point is to truly inform us, in many cases there is a lot of subjectivity, so the reporting is not objective. In places like Venezuela, the government can be very fanatical and tilt the press in favour of Hugo Chávez. To me, respect for the media is very important. I think that if you educate people with various points of view, they will listen and decide.

 
Sara Martínez, 25, Palermo, Works in Fashion/Design

For me, I don’t read the newspapers here as much as I see the news on television or listen to it on the radio. There are plenty of channels, with many different programs, and people can choose from a variety of perspectives to interpret what is going on. I think the trend in Venezuela, with radio stations and newspapers censored by the government, doesn’t seem very good to me because it is cutting away freedom in the press.

 
Angel Benitez, Caballito, 36, Hotels and Tourism

Throughout Latin America, each country’s situation is very different, and the image of the real community we have here gets complicated by propaganda. In Argentina, liberty in the press is very divided. Some think the press is very free, some don’t, and there are also particular situations when it is and it isn’t. Ideologies among citizens and certain outlets will influence how one sees things. I think the background problem uniting all Latin American countries has to do with education. The formation of values, the small details. Partly as a result of fear, partly because of insecurity, the values that truly unite Latin Americans have gotten lost. People are on guard. To me, the fundamental problem is educational, and it’s something that has to change not just in schools, but especially in the family.

Laura Fraguas, 23, Belgrano, Medical Student

I think there is freedom of press in Argentina. I don’t really know the full context of other examples in Latin America, but I think that here, it is free. There exist programs like that of [Jorge] Lanata, or 6-7-8, as well as many that give a full spectrum of political views and information in Argentina. Freedom in the press exists here.

Journalists protest against rising violence during march in Mexico (Photo courtesy the Knight Foundation)

On the 3^rd of May, as the world celebrated Freedom of the Press Day, three journalists were found dead in Mexico. The mutilated bodies of photographers Gabriel Huge, Esteban Rodríguez, and Guillermo Luna were found in Veracruz state chopped up and discarded in a canal, the complete disregard for human life on full display for the world to see.

Just five days ago the body of Marco Antonio Ávila García was discovered in Ciudad Obregón, north-western Mexico. Strangled and wrapped in a plastic bag, the crime reporter was victim to an increasing trend that has been sweeping the Latin American country. His fault? Telling the truth.

Criminal Oppression

García was the fourth journalist this month to be found murdered in Mexico, a tactic being used by organised crime gangs to install fear in press who are speaking out and reporting on crime. As the intensity of the fighting between organised crime groups and government forces has increased, the tolerance of journalist’s reporting has waned. These journalists have been killed with the same brutality as the crime cartels are treating each other, showing the level of threat the gangs consider freedom of press to be.

Speaking to Carlos Martín Lauría, Senior Coordinator for the Americas at the Committee to Protect Journalists (CPJ), he considers this violence to be one of two major issues with the freedom of press in Latin America. CPJ is a non-profit organisation that was set up in 1981, while many Latin American countries were still ruled by dictatorships, and which has ardently covered threats to, and fought for, freedom of press in the world.

A poster of Alfredo Villatoro, found dead last week

“One problem [with media freedom in Latin America] is the violence against press where organised groups have increased their pressure on journalists reporting on trafficking, corruption and crime.” Lauría states. “They are being specifically targeted.”

“Mexico right now is probably the worse case scenario,” He continues. “The country has become one of the worst places for journalists to work, not only in the hemisphere, but also around the world.” Since the Felipe Calderón government took office in 2006, and started an offensive against organised crime, levels of violence have increased at a rapid pace. This violence has also been directed at members of the press, who tirelessly work to expose gang exploits, while also acting as a watchdog for army forces – since then, 45 journalists have been murdered.

Similar attacks have occurred in Honduras and Northern Guatemala, areas that have been increasingly deteriorating due to the heightened presence of the drug trafficking gangs. In Honduras, journalists Alfredo Villatoro and Erick Martínez Avíla were both found dead in the last few weeks. Villatoro, who worked for the news station HRN, was kidnapped on the 9^th May. His body was found, with shots to the head on the 15^th. According to the International Press Institute, Villatoro was the 23^rd journalist to be killed in the Central American country since the coup d’état that overthrew President Manuel Zelaya in 2009. This year, despite the fact Honduras has 7% of Mexico’s population, the same number of journalists have been killed in both countries.

Lauría hints that part of the violence in Central America is intrinsically linked to their northern neighbour. ”The presence of Mexican cartels can be felt now in Central America, especially in northern Guatemala, where the criminal cartel organisation known as the Zetas is having a big presence. Also in Honduras, the presence of the cartels is creating a lot of problems as that is the place where there has been the most murders, per ratio, according to UN reports.”

Honduras has the additional problem of a government that is not entirely committed to bringing justice to these killings. Lauría describes a CJP report in which the NGO “are calling on the government to break the acts of impunity that surround all these investigations.”

So does this mean there is no hope for journalists while organised crime is widespread in the area? “We know there is no magic solution, but we still need to ensure freedom of expression,” says Lauría.

Journalists are ill prepared in their fight against organised crime, but will not be silenced either. (Photos courtesy of Knight Foundation)

 The Pen is Sharper than the Sword

Despite the continuing violence, journalists and support networks are making a stand for themselves, and for their work. CPJ and other press support organisations continually lobby for international organisations to pressure governments for change. CPJ has travelled to Honduras and Mexico in recent years to compile reports on stifling of press and present them to the UN Council on Human Rights to demand for change. On Friday in Honduras, a march organised by the Colegio de Periodistas de Honduras will take place across the country, in a stand against the killings, and general intimidation of press.

A recent study by Reporters Without Borders asked if journalists are best prepared against organised crime, with an answer a resounding ‘no’.

“It is clear from this report that the media are not united against organised crime, their correspondents are isolated and lack resources, and their capacity for investigative reporting is eclipsed by the race for breaking news,” the report claims.

Reporters Without Borders, another NGO which monitors and advocates for global press freedom, released the report claiming that they believe the way for journalists to combat this violence is for them to strategically work together, especially in countries where the governments might not be reliable enough.

Journalists should be “pooling information and sources,” while calling “for the creation of journalists’ associations that can help to guarantee the independence of their media and prevent murky financial interests from influencing editorial choices.”

Both Sides of the Law

But it is not just the extremity of the violence that is stifling freedom of press in Latin America. Below the headline grabbing aggressive tactics of the cartels, there is a culture of soft censorship that is threatening the freedom of press in a less explicit way.

“The second problem [with freedom of press] is the fact that some democratically elected leaders in Latin America are practising unconstitutional methods in an attempt to stifle press,” Lauría warns. “Venezuela is perhaps the most stark example of this, followed by Ecuador and Nicaragua.”

In the case of Ecuador, back in February, the high court decided to uphold a criminal libel conviction brought against newspaper El Universo by President Rafael Correa. The leader of the South American country filed a lawsuit against the paper after they published a column by journalist Emilio Palacio, criticising Correa and his treatment of the police uprising in March 2011. In a column titled ‘No to Lies’, Palacio referred to the president as a ‘dictator’ and blamed the action of the army troops, who killed three police officers during protests, on Correa. The court decided the paper had to pay US$40 million in damages and sentenced Palacio and the three owners of the paper to prison for three years. Palacio has since filed for political asylum in the United States.

Journalists Protest against rising violence during March in Mexico (Photos courtesy of Knight Foundation)

“This demonstrates that you can prosecute not only the clowns, but also the owner of the circus,” said Correa in response to the decision. He argues that the press organisations in Ecuador are corrupt and run by biased opposition parties, who funded El Universo, and who should not be allowed to “buy a printing press.”

After the case Lauría released a statement saying that “this short-sighted ruling will only keep Ecuadoran journalists from investigating powerful politicians; it represents a serious setback for democracy in Ecuador.” In reference to this case, he says that although Correa has since pardoned Palacio and El Universo, it was only due to international pressure. “It’s for the international community to be aware that this censorship has been going on.”

In Ecuador, the conflict between the press and the government has been intensifying in the lead up to the 2013 presidential election. Standing by his previous assertion that the press are too powerful and corrupt, the president has stood by his decision to change an electoral law, which will limit press coverage of the event. Critics of the press in Ecuador argue that their influence is too politically motivated and that they have unleashed a self-serving campaign against the government in order to suit their own economic interests.

In the case of violent attacks on journalists, the government has a role, however effective it may be, which is to stand up for the press. When it is the government itself threatening the freedom, NGOs such as CPJ, Amnesty International, Reporters Without Borders, and many others make it their job to bring these cases to media attention.

Lauría argues that a constant spotlight on exploitation of the outlets of speech is the key to ensuring a more open flow of information. “It is up to inter-governmental institutions like to Organisation of American States (OAS) to protect freedom of expression.”

The UN declaration for Freedom of Press Day clearly states, that “freedom of information is a fundamental human right.”

Across Latin America the free state of the press has improved significantly within the last decades. But while acts of aggression, be they legal or physical, are exercised on journalists, the level of threat remains unacceptable.

As Carlos Lauría so conclusively puts it, “what is being affected is more than the right for journalists to report the news, but also the rights of freedom of expression and access to information.”

To find out what Argentines think about the state of freedom of the press in Latin America, click here.

In a unanimous decision, the Argentine Supreme Court decided that a suspension on legal limits will end 7th December, which may force the media giant Clarín to sell off some of its properties.

In 2009, Clarín – which is the largest media outlet in the country – won a suspension against a new media law’s Article 161. The article essentially states that one entity cannot hold ownership of more than a certain amount of media outlets, and must not have more than that which is permitted by a date one year after the “application authority establishes mechanisms of transition.”

The legal controversy over media law has kept the Kirchner government and Clarín at arms for years.

Environmental and indigenous groups in Honduras are fighting a recently-introduced bill, which is set to expand the country’s mining and hydrocarbon sectors.

The Civic Council of Popular and Indigenous Organisations of Honduras (COPINH) denounced the bill in a release on the 24th January.

The organisation called on people to act against the mining bill, encouraging them to engage in a “permanent fight against the increasing militarisation of the entire national territory.”

In another release from 18th January, the organisation noted that the bill threatens both the environment and the country’s inhabitants.

“This bill is just a further example of the pressure that the business world exerts on Congress, most of which is composed of supporters of the coup d’état,” the organisation stated in a press release. “[Congress] is discredited because of its lack of ethics and transparency, because many of its decisions are dictated by corruption, and because of its servile attitude to economic, transnational, political and military power.”

COPINH said there are currently 130 mining applications pending in Honduras, and 21 more were approved in the week prior to COPINH’s release.

“We all know about the impunity in which these transnationals of death operate, not even waiting for laws or decrees before entering the country and embarking on studies, exploration and mining,” the release stated.

According to the Honduras Weekly, journalists working for press freedom and reporting on the mining bill, such as Gilda Silvestrucci, have received death threats. A total of 24 journalists have been killed in Honduras in the past decade, 17 of them since the coup of 2009.

Argentina was added to the black list of countries of independent press at the 67th Annual Meeting of the Inter American Press Society (SIP) in Lima, Peru, yesterday.

Daniel Dessein, outgoing president of the Association of Journalistic Entities Argentina (ADEPA) and a representative of the newspaper, La Gaceta de Tucumán, said this “has been a turbulent year for freedom in press in Argentina.” The “critical task of showing and analyzing the government’s process in an independent way has been filled with obstacles and risks.” He finished by saying that this type of environment “nurtures a climate of oppressive journalism.”

Dessein’s report also included references to “persecution” against private consultants who measure inflation and against the media who report this information. He accused the government of “aggressive verbal” tactics and of blocking newspaper circulation.

An editorial committee of Argentine, Uruguayan, Ecuadorian, Venezuelan, and Bolivian representatives was also present at the SIP meeting.

Yesterday the president of the Inter American Press Association (SIP), Gonzalo Marroquín, sent a letter to President Cristina Fernández de Kirchner to express his concern over the weakening of press freedom in Argentina and requested a guarantee for freedom of expression.

The concern about the situation of press freedom in Argentina arose six days after the SIP’s visit, to assess the state of press freedom. On that occasion, to provide a preliminary report, Marroquín had reported an overall strategy of the Government “to gain control of media and hit the independent press.”

Marroquín stated in the letter that the preliminary conclusions “were primarily intended to appeal to the government to guarantee, respect and tolerate the many and varied voices of different social sectors, media and journalists, as an essential condition for the maintenance of democratic life.”
The head of the SIP added to have exacerbated serious restrictions on freedom of the press, which had been reporting in semi-annual reports and resolutions.

In this regard, he indicated members of the SIP - concerning interviews with government representatives and members of NGO’s and unions – to have religious and journalistic attention and “continue to receive complaints about a climate of confrontation in which is developed press-government relationship, and political polarisation, which is far from the ideals that nourish a democracy.”

In addition, Marroquín presented the findings of the visit to the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights, Catalina Botero, who stated that:

 ”There is  a clear climate of intolerance, confrontation and polarisation, sponsored by the government. The worst consequence is the weakening of public debate, something which is also caused by the lack of an access to public information, which is still pending in the Congress of the Nation.”

The head of the SIP urged the president to promote a law on access to public information, which has already been approved in the Senate of the Nation, and regulations on technical criteria for the distribution of official advertising.

The SIP, which gathers over 1300 editors of newspapers in the hemisphere, urges respect to the president to boost the executive and legislative changes necessary for freedom of expression and democracy are strengthened.

An organisation advocating freedom of expression in Mexico, Article 19, stated that the country ranks third worldwide in the disappearance of journalists.

According to the 2010 report, “Violence in Mexico and the Right to Information”, at least 10 journalists have disappeared since 2000. The paper also argues that in this period there were 155 attacks against journalists.

In addition, it highlights the figure of 29 attacks against female journalists.

The total figure includes 82 physicals attacks on journalists, the use of explosives, shootings, beatings and 8 murders of journalists.

The report was submitted by the organisation and the Mexican Centre of Social Communication.

It warns that the most dangerous states for journalists include: Guerrero, Michoacan, Tamaulipas, Chihuahua, Nuevo Leon and Sinaloa in the north.

The advocacy group noted that during the last year, Mexican president, Felipe Calderón, blamed organised crime groups for the attacks on journalists.

However, according to the document, the authorities accumulate 49% of the total attacks and organised crime groups only 26%

Finally, the United Nations organisation and the Organisation of American States considered Mexico to be the most dangerous country for journalists in America.

Story courtesy of Agencia Púlsar, the news agency of AMARC-ALC.

Clarin printed their Monday edition with a blank front page in protest. (Photo: Madeleine Decker)

Sunday 27th March was the first time in 65 years that the national daily newspaper, Clarín, did not distribute its Sunday issue. Olé, a sports publication that belongs to Clarín, was also unable to print.

Around midnight the night before, former graphic arts employees and teamsters blocked access to the papers’ headquarters for 12 hours—preventing the release of the print edition. The demonstrators were demanding their jobs back, camping out in front of papers’ offices with their families. La Nacíon, another major daily, was blocked for four hours, but was still able to release its Sunday edition.

This is the fifth protest at the main Clarín offices since November 2010. The source of the conflict is an ongoing dispute between Clarín management and Clarín Graphic Arts Rioplatenses (AGR), a sub company which prints brochures and private inserts for the newspaper. Over 100 AGR employees have been dismissed from the Clarín group since 2000.

Argentina’s official news agency, Telam, distributed a union press release that said the measures are in response to ‘unions’ persecution by the Clarín group’, and promised industrial actions will continue.

The Argentine courts have issued two rulings against the obstruction of paper distribution. However, they have also issued five orders for the paper to reinstate the laid-off personnel – the media company has yet to comply.

Since the conflict was caused by Clarín layoffs, it is unclear exactly why the demonstration was extended to La Nacíon, and why that protest was so much shorter.

The newspapers have claimed that this protest is less about labour disputes than it is an attempt to silence negative press about Hugo Moyano, the leader of the General Confederation of Labour (CGT). Clarín’s Sunday issue was expected to publish an article on Moyano and his son’s alleged money laundering.

Moyano has been the Secretary General of the CGT since 2004; previously he headed the Trucker’s Union (MTA), now controlled by his son, Pablo Moyano.

Early last month, Argentine newspapers reported that the Swiss Justice Ministry had requested information on Moyano and his son, as part of an investigation into money laundering. The Swiss government later clarified that its examination on money laundering from Argentina does not include Moyano, his son or his union.

Moyano rejected having any involvement with the protest. He called accusations against him for blocking the paper “absurd”. In a conversation with radio Brisas he said, “There are only staff with their families and children – they are the employees laid-off by Clarín. Those blocking are the unemployed with their children and relatives, with their mothers, because these are desperate people.”

Hugo Moyano speaking to a crowd at 9 de Julio

Union Support

The truck driver’s union threatened a massive national strike on Monday 21st March in support of Moyano’s innocence. The CGT leader ultimately called off the demonstration, saying the labour union was better than the media and opposition sectors, who he accused of using the Swiss investigation to hurt the labourers.

“The workers want to come to power and that upsets many people,” he said. Had the protest happened, it would have paralyzed most transportation services in the country. At the time, the opposition Radical Party (UCR) blamed Moyano for the attempted demonstration and accused him of “using the right to strike for personal issues”.

Union representative, Eduardo Altamirano, threatened in a press conference they would also block media that published news against the CGT or its leader. He said, “This measure is applied to repudiate the attacks and lies that newspapers publish, directly or indirectly, about Hugo Moyano and the workers he represents.”

However, AGR representative Luis Siri, denied in an assembly that the union action was designed to censor the press.

“The goal was not to stop Clarín from distributing, nor to impede it from expressing its ideas, regardless of whether we disagree with them. The objective was to send a message to the directors so that Clarín stops squeezing its employees,” he said.

This week, the Clarín-owned news channel Telenoche (TN) aired a video of what appears to be Siri threatening to shut down print distribution if the media company did not pay him a total of nine million pesos. In the video he comments on having friends in high places and says that this was a political issue, not a labour one.

Siri told Perfíl that the conversation was edited out of context and the money was compensation for what Clarín owes AGR. He said, “When I get called to testify, I’ll ask for the whole video and it’ll be shown there.”

Freedom of Speech

Pro-government demonstrators support a new law, approved in 2009, that will limit media monopolies. (Photo: Beatrice Murch)

Reporters without Borders is a non-profit organisation that has been fighting for press freedom since it began in 1985. Benoît Hervieu is responsible for the Americas Desk for Reporters without Borders in Paris.

“The block cannot be directly blamed on [President] Cristina Fernández de Kirchner for impeding the publication,” Hervieu said, “but if the authorities don’t comply with an order that implements the constitutional right – which is free press, information and expression – that is serious.”

Federal Police stood by during the AGR strike that blocked the newspapers, but did not interfere—despite laws against obstructing distribution of the press. Critics speculate foul play by the Fernández government, which has close ties to Moyano and his union, and a rocky relationship with the major dailies.

Problems between the Clarín group and the current administration have been brewing since the ‘campo crisis’ in 2008. There is a legal battle concerning the adopted children of Clarín owner, Ernestina Herrera de Noble. The government wants them to provide blood samples to see if they were stolen from desaparecidos during the dictatorship in the 1970s and 1980s – a known practice among those who were close to the junta.

There is also the dispute over the Law on Audiovisual Communication Services (SCA) that limits media monopolies, and will affect Clarín the most.

Reporters without Borders has a slightly difficult relationship with the Clarín group right now because, although they condemn the protest, they support the SCA on behalf of the decentralization of the media, and on behalf of more diversity in the media. “It is true that in Argentina, Clarín has almost everything,” Hervieu said.

Every year, Reporters without Borders publishes a Press Freedom Index. Hervieu compared Argentina’s situation to France and Italy’s. He said, “The actors in this story – politicians, unions, also media representatives – should not fall into the ideology trap and extreme points-of-view over this situation. Saying that freedom of press is in grave danger in Argentina – that is just not the case.”

To find out what the public think about Moyano and the press blocks, click here.