Experts of the Committee on the Elimination of Racial Discrimination Welcome Steps Taken by Ecuador to Guarantee the Rights of People of African Descent, Raise Questions about the 2022 Protests and the Protection of Human Rights Defenders
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the twenty-fifth periodic report of Ecuador, with Committee Experts welcoming the steps taken by Ecuador to guarantee the rights of people of African descent, while raising questions on the treatment of indigenous persons during the June 2022 protests and the protection of human rights defenders
Chrispine Gwalawala Sibande, Committee Expert and Country Co-Rapporteur, welcomed the many good practices and positive steps taken by Ecuador to guarantee the rights of people of African descent, including the work of the Ombudsman, the Secretary of Human Rights, and the National Council for Equality of Peoples and Nationalities, to protect the human rights of Afro Ecuadorians and people of African descent. However, Afro-Ecuadorians and people of African descent continued to suffer racial discrimination. What measures were being taken to reduce high poverty levels among people of African descent?
Ms. Gwalawala Sibande said in June 2022, thousands of indigenous persons took to the streets to complain about their economic standing. These protests had led to the death of one indigenous person. Had the Government investigated this death and the security personnel who applied excessive force? How many indigenous persons were arrested in these protests? Had the Government taken measures to address the issues that led to these large protests?
Abderrahman Tlemçani, Committee Expert and Country Rapporteur, asked what specific measures had been put in place to protect human rights defenders, in particular leaders and defenders of the rights of indigenous peoples, people of African descent and Montubio people from acts of violence? What mechanisms had been established to ensure a swift and effective response to cases of persecution, harassment, and violence against human rights defenders? What actions had been taken by the authorities to thoroughly investigate incidents of violence or harassment against human rights defenders, and what had been the impact of these investigations on the future prevention of such acts?
Introducing the report, Marco Aníbal Guatemal Anrango, Secretary for the Management and Development of Peoples and Nationalities of Ecuador and head of the delegation, said Ecuador had led international forums and initiatives in the fight against all forms of discrimination and the promotion and protection of the human rights of indigenous, Afro-descendant and Montubio peoples and nationalities. Together with Bolivia, it facilitated the annual resolution on indigenous peoples in the United Nations General Assembly. It also proposed the creation of the International Decade of Indigenous Languages 2022-2032. Ecuador’s Constitution guaranteed a plurinational State and respected and valued the cultural diversity of its peoples and nationalities, granting the indigenous, Afro-Ecuadorian and Montubio peoples and nationalities collective rights that promoted the preservation of their identity and culture.
The delegation said in 2022, there was social upheaval, involving protests by indigenous peoples. The Attorney General’s Office was investigating reports of very worrying acts in the context of these protests. In 2019, the National Assembly had released certain indigenous persons from prison.
Since 2014, the State had signed 14 compensation contracts with communities in the areas directly affected by oil and extractive companies and a certain amount of social compensation had been paid out, the delegation said. Indigenous families had benefitted from the community programmes. Several hundred jobs would be lost due to the early closure of the oil fields, and so over the next few years, several million dollars for developing the Amazon region would be lost. The Government was quite sure that nine out of ten oil blocs would be closed.
The delegation said human rights defenders were those who sought to protect. The State reaffirmed its commitments to human rights defenders through the Institutional Committee, which worked in coordination with other Ministries in the State. This Committee was led by the Office of the Ombudsperson. The national Government had appealed for conflicts to be dispelled and had appealed to the dialogue units and the authorities nation-wide. A policy had been developed which guaranteed access to justice when human rights defenders were the subject of prosecution.
In concluding remarks, Mr. Tlemçani thanked the delegation and Committee members who had made the dialogue possible.
In his concluding remarks, Mr. Guatemal Anrango said Ecuador was committed to abiding by the Committee’s concluding observations, and would willingly accept the Committee’s recommendations.
The delegation of Ecuador consisted of representatives of the Secretariat of Intercultural Bilingual Education; the National Council for the Equality of Peoples and Nationalities; the Secretariat for the Management and Development of Peoples and Nationalities; and the Permanent Mission of Ecuador to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Ecuador after the conclusion of its one hundred and fourteenth session on 13 December. The programme of work and other documents related to the session can be found here. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.
The Committee will next meet in public on Thursday, 28 November at 10 a.m. to conclude its consideration of the combined tenth and eleventh periodic report of Saudi Arabia (CERD/C/SAU/10-11).
Report
The Committee has before it the twenty-fifth periodic report of Ecuador (CERD/C/ECU/25).
Presentation of Report
MARCO ANÍBAL GUATEMAL ANRANGO, Secretary for the Management and Development of Peoples and Nationalities of Ecuador and head of the delegation, said Ecuador had led international forums and initiatives in the fight against all forms of discrimination and the promotion and protection of the human rights of indigenous, Afro-descendant and Montubio peoples and nationalities. Together with Bolivia, it facilitated the annual resolution on indigenous peoples in the United Nations General Assembly. It also proposed the creation of the International Decade of Indigenous Languages 2022-2032. In recent years, Ecuador had received visits from the Special Rapporteur on the rights of indigenous peoples and the Group of Experts on People of African Descent. In addition, it maintained high-level participation in the Permanent Forum on Indigenous Issues, the Permanent Forum on People of African Descent, and the Expert Mechanism on the Rights of Indigenous Peoples.
Ecuador had a solid constitutional and legislative framework for promoting equality and combatting discrimination. Its Constitution guaranteed a plurinational State and respected and valued the cultural diversity of its peoples and nationalities, granting the indigenous, Afro-Ecuadorian and Montubio peoples and nationalities collective rights that promoted the preservation of their identity and culture. The institutional framework had been strengthened by the establishment of the Secretariat for the Management and Development of Peoples and Nationalities, the National Council for the Equality of Peoples and Nationalities, and the Secretariat for Intercultural Bilingual Education and Ethno-Education.
The Government-wide policy for the eradication of racial discrimination, xenophobia and other forms of intolerance was implemented in line with the National Development Plan 2021-2025 and the National Agenda for the Equality of Peoples and Nationalities 2021-2025. The five National Councils for Equality worked for the rights of vulnerable groups, including those belonging to indigenous, Afro-descendant and Montubio peoples and nationalities.
To guide the implementation of the International Decade of Indigenous Languages 2022-2032, the Ten-Year Plan for the Revitalisation of the Use of the Languages of the Nationalities of Ecuador had been developed. Various affirmative action policies had been implemented that sought to close gaps in access to education, employment and political participation. Awareness-raising campaigns had also been developed to eliminate intersectional discrimination in public and private institutions, including the training of personnel on diversity and equity issues.
Access to the national health system for the diversity of peoples and nationalities was guaranteed, and it had been possible to incorporate traditional and alternative medicine into the system. To eliminate chronic child malnutrition, the Government created a dedicated technical secretariat that provided economic benefits to the population of rural areas of Ecuador.
The organic law on rural lands and ancestral territories, among other issues, recognised and guaranteed the right to preserve community property and to maintain possession of ancestral and communal lands and territories that were awarded to them in perpetuity and free of charge. Criminal legislation adequately criminalised discrimination, ethnocide crimes, and hate crimes against people of specific ethnic origin, cultural identity or social status.
The intercultural bilingual education system sought to preserve and strengthen indigenous languages, promoting their use in all areas of science and culture and guaranteeing spaces for their development and application. Ecuador continued to encourage the conservation and use of Kichwa, Shuar and other indigenous languages, including through the Inter-Institutional Commission for the Revitalisation of Languages, Traditional Knowledge, Ancestral Knowledge and Intangible Heritage.
Ecuador had carried out territorialisation processes in 19 provinces where consultative councils of peoples and nationalities were formed. It had also developed an educational model that sought to strengthen the quality of Afro-Ecuadorian education at all levels, based on the ancestral wisdom of African civilizations. The State party was financing projects presented by organizations of peoples and nationalities to strengthen the bioeconomy and improve the socio-economic conditions of their members. Sixty-three resolutions had been issued to grant legal status to associations of peoples and nationalities and 342 directives had been registered to facilitate the participation of entrepreneurs, producers and cultural managers of peoples and nationalities.
Ecuador was fully committed to fulfilling its obligations under international human rights treaties, particularly the Convention.
Questions by Committee Experts
ABDERRAHMAN TLEMÇANI, Committee Expert and Country Rapporteur, said the composition and the attitude of the delegation reflected the importance that Ecuador placed on the dialogue. The Constitution of 2008 provided a solid legal basis for recognising the collective rights of indigenous peoples and people of African descent. However, there were challenges in effectively implementing these rights due to economic interests in the lands and territories of these groups. How was this being addressed? How was the State party implementing legal provisions on racism and discrimination?
How did the National Council for the Equality of Peoples and Nationalities work? What budget and staff did it have? Were indigenous peoples, people of African descent and the Montubio people represented in the Council? A state of emergency had been declared in January of this year. What impact had it had on indigenous peoples, people of African descent and Montubio people?
In the local government elections of 2023, there were almost 15,000 female candidates, but only 1.8 per cent were women of African descent and seven per cent were indigenous. What were the main barriers preventing these groups from participating in political life? To what extent were these groups represented in decision-making institutions? What measures were in place to promote their participation and inclusion in public affairs, and how did the State party assess these measures?
What impact had awareness raising campaigns on racial stereotypes had and how had measures to promote cultural dialogue been implemented in communities? What measures were in place to address the history, culture and language of indigenous peoples, people of African descent and Montubio people in school textbooks and curricula? Had education programmes influenced the perceptions of these groups among young people? How was the State party assessing the effectiveness of awareness raising campaigns aiming to tackle cultural intolerance?
Responses by the Delegation
The delegation said Ecuador was constantly defending the rights of its peoples and nationalities. A bill seeking to eradicate racial discrimination and exclusion was currently being read in the National Assembly. The National Assembly was fragmented, affecting the legislative process and the State’s ability to meet its human rights commitments. Members of the Assembly needed to ensure that this bill progressed in a timely fashion, so that racial discrimination and exclusion could be countered.
The Criminal Code addressed discrimination. Persons who incited restriction or exclusion on the grounds of nationality, ethnicity or other factors were punished with prison sentences ranging from one to three years. There were specific provisions to punish hate crimes and violence on the grounds of gender and identity. Guidelines had been released in 2021 on the investigation of hate and discrimination crimes.
The National Council for the Equality of Peoples and Nationalities was largely made up of indigenous peoples, people of African descent and Montubio people. It had units that were developing policies and programmes for peoples and nationalities, units promoting the inclusion of these groups, and units for follow-up to inclusion policies.
The State party had implemented policies promoting historically marginalised peoples’ political participation and access to education. Subsidies and scholarships had been provided to indigenous peoples and people of African descent to facilitate their access to higher education. Half of all electoral lists needed to be headed by women. Ecuador ranked twentieth worldwide in terms of women’s representation in Parliament. The National Electoral Council was headed by a woman. Electoral authorities had held dialogues on raising the visibility and participation of women in elections. There were Mestizo, indigenous and African members of Parliament, but the representation of Montubio people in Parliament was low. There was a need to further strengthen ethnic inclusion in Ecuador.
Government workshops had trained 82,000 persons on microfinancing, public management and land management, including people of African descent, indigenous peoples and Montubio people.
Questions by Committee Experts
ABDERRAHMAN TLEMÇANI, Committee Expert and Country Rapporteur, asked how the State party implemented the decisions of the Constitutional Court related to discrimination and access to abortion.
One Committee Expert said that not all grounds of discrimination prohibited in article one of the Convention were prohibited in State legislation. Were the same penalties applied for acts of discrimination and acts of violence?
Another Committee Expert asked whether human rights education had had an impact on the prevalence of racism in society. Between 2016 and 2019, over 1,200 investigations had been carried out into complaints of discrimination and hate crimes, but there was a low rate of conviction. Why was this? What were these complaints about?
A Committee Expert said the Afro-descent population fell from 7 per cent in 2010 to four per cent of the total population in the last census. Why was this? Could the delegation provide figures on the number of women of African descent in political bodies in the State?
The Expert asked about measures planned to align Criminal Code articles with article four of the Convention. People of African descent accounted for 21 per cent of people in prison. Why was this? Did indigenous peoples have collective rights to protect them from the abuse of mining and farming companies on their ancestral lands?
Responses by the Delegation
The delegation said the State party was working to address discrimination and ethnic hate crimes at the community level.
Ecuador allowed for self-identification in the national census. Many people of African descent had not identified as such in the most recent census. Conversely, the number of people identifying as Montubio had increased. Community leaders needed to raise awareness about the importance of self-identification.
To combat racial discrimination, the State party amended the Education Act in 2021 to create a secretariat for ethnic education. Over 1,000 State schools now used an intercultural model of education that placed emphasis on ethnic languages. The Government had conducted workshops and campaigns on the development and recognition of peoples and nationalities.
Questions by Committee Experts
CHRISPINE GWALAWALA SIBANDE, Committee Expert and Country Co-Rapporteur, asked about the number of cases of racial discrimination and hate speech that had been handled by the Office of the Ombudsman, and the number of victims who had received remedies. Could the State party provide statistics on the number of asylum seekers, refugees and Roma people in the country? How were the rights and needs of these groups being addressed?
What investigations had been carried out into excessive use of force against people of African descent, indigenous peoples and Montubio people? Could the delegation provide information on the prison population and the share of these groups in the population? Prison conditions had been described as harsh, with prisoners having a lack of access to food, sanitation and medical care. Overcrowding in prisons and lack of control had allowed prisoners to carry out over 600 murders since 2019. Prison guards were reportedly inadequately trained to deal with violence. What steps had been taken to regain control of prisons?
The Committee welcomed that in 2021, a hate crime was tried in court for the first time, leading to a conviction. What measures were in place to ensure that people could come forward to complain about racial discrimination and hate crimes? How was access to justice for indigenous people being strengthened?
Had the State party investigated the killing of members of ethnic groups? Ecuador had seen a sharp increase in violent, organised crime in recent years. Presidential candidate Fernando Villavicencio had been killed in 2023, allegedly by members of an organised crime group. Had the Government investigated killings by organised crime gangs, and their impact on people of African descent and indigenous peoples?
In 2023, Ecuador ranked as one of the top three countries in Latin America in terms of levels of violence. What attempts had been made to tackle violent crimes? Had the Government established whether murders disproportionately affected indigenous peoples and people of African descent? In April this year, 18 murders occurred during the Easter holidays. Twenty armed men had stormed a hotel, killing people who were playing volleyball. What kind of investigations had been carried out into these murders?
Could the delegation provide data on the ethnic background of forcibly displaced people in Imbabura? These people reportedly faced high levels of racial discrimination and violence. What had the Government done to improve the circumstances of displaced people in Imbabura and protect them from violence? The majority of refugees and asylum seekers in the State party were Venezuelans. What steps had been taken to improve their socioeconomic status?
The security situation in Ecuador had deteriorated, with violent deaths increasing by over 500 per cent since 2021, mainly due to deaths related to drug trafficking. What share of victims were indigenous peoples, people of African descent and Montubio people? Some parts of Ecuador were currently under a state of emergency. How many people had been arrested under the state of emergency? What steps had been taken to ensure that the state of emergency did not last forever?
In June 2022, thousands of indigenous persons took to the streets to complain about their economic standing. These protests had led to the death of one indigenous person; had the Government investigated this death and the security personnel who applied excessive force? How many indigenous persons were arrested in these protests? Had the Government taken measures to address the issues that led to these large protests?
Responses by the Delegation
The delegation said the Government was working hard to combat drug trafficking and violence that was gripping the country. This violence affected the areas of peoples and nationalities less than major cities. State authorities had regained control in several areas. The State party was investigating groups causing instability and was sparing no effort to restore peace and harmony to the country.
Imbabura was a transit province for migrants. The United Nations High Commissioner for Refugees was active on the ground, as was the Ecuadorian Government.
Court decisions were declared void if principles of interculturality were not respected. The State provided interpreters so that indigenous peoples’ complaints could be heard in court and experts on indigenous culture and languages had been appointed in the judiciary. The State party was promoting agreements to strengthen the legal systems of peoples and nationalities and their access to justice. The rulings of the indigenous system were independent. The law on the indigenous justice system was currently going through Parliament.
Supreme Court rulings were only to be used as a last resort when other mechanisms were unable to protect violated rights. Victims of discrimination could access reparations through civil courts without having to launch criminal proceedings. This led to a lower level of criminal cases initiated in response to complaints of discrimination.
There were significant problems in prisons in 2022. The Government had been striving to address these problems. In 2022, there was social upheaval, involving protests by indigenous peoples. The Attorney General’s Office was investigating reports of very worrying acts in the context of these protests. In 2019, the National Assembly had released certain indigenous persons from prison.
The murder of a presidential candidate had caused huge ripples around the country and the world. The competent authorities were investigating this case; the perpetrators were currently unknown.
A law regulating the legitimate use of force had been introduced and a specialised prosecution unit on the legitimate use of force had been created; it was mandated to investigate ethnocide, crimes against humanity and torture by State officials. The Human Rights Directorate was investigating complaints of excessive use of force independently.
Questions by Committee Experts
CHRISPINE GWALAWALA SIBANDE, Committee Expert and Country Co-Rapporteur, said many indigenous peoples who participated in the 2022 protests remained in prison. Was the Government taking steps to address the concerns of indigenous peoples concerning their economic status?
The organic act on human mobility and the Constitution provided the right to naturalisation for migrants. How easy was it for migrants and foreign nationals to acquire Ecuadorian nationality and citizenship? How many had done so?
One Committee Expert cited reports that around 350 human rights defenders protesting to save the environment had been charged by Canadian palm oil and extractive industry companies. The justice system was reportedly being used to suppress public dissent. The police reportedly were not guaranteeing public safety in areas of the country where people of African descent and indigenous peoples lived, particularly border areas. How did the delegation respond to these reports and protect the rights of all people in the country?
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, asked what progress had been made in implementing the plan for promoting the indigenous justice system. What efforts had been made to investigate alleged reprisals against human rights defenders who defended indigenous peoples?
A Committee Expert said that prosecution in the cases against human rights defenders made by Canadian resource companies appeared to be led by the companies themselves. Was there a parallel justice system in the country that allowed for this?
One Committee Expert asked if law enforcement staff received training on human rights, the Convention and respect for the rights of human rights defenders and indigenous peoples. Did the State party intend to adopt a law on the protection of indigenous human rights defenders.
ABDERRAHMAN TLEMÇANI, Committee Expert and Country Rapporteur, said the 2022 census data was crucial for the design of public policies. The issue of self-identification did not explain the drop in the number of people of African descent in the 2022 census, as people could self-identify in previous censuses. Were surveyors able to visit places where people of African descent lived? Were there rules governing self-identification in the census?
Responses by the Delegation
The delegation said it was difficult to harmonise the indigenous and ordinary justice systems, which had their own world views and jurisprudence. However, the bill on the indigenous justice system had made progress in this regard.
The State party needed to recognise the right to self-identification without losing sight of the collective rights of indigenous peoples and people of African descent. State institutions were dedicated to developing instruments tailored to the needs of all peoples and nationalities.
Executive decrees had granted migration amnesties to Venezuelan migrants, granting them temporary residence permits. An extraordinary process to regularise Venezuelan migrants had been set up in 2024. Around 94,000 residence permits had been granted to Venezuelan citizens in total.
The Office of the Ombudsman was mandated to protect human rights defenders and defenders of nature. The Office was part of an inter-institutional committee which was developing a comprehensive policy for the protection of human rights defenders. The Ombudsman had developed a methodology to gather information on human rights defenders, which would inform the policy on their protection.
Questions by Committee Experts
ABDERRAHMAN TLEMÇANI, Committee Expert and Country Rapporteur, said Ecuador’s Constitution and its Criminal Code prohibited discrimination on the basis of ethnicity, sexual orientation, gender and disability. However, due to discrimination and institutional racism as well as the lack of economic opportunities, indigenous, Afro-Ecuadorian and Montubio populations were disproportionately affected by poverty. In 2022, poverty affected 54.26 per cent of the country's indigenous population and 33.77 per cent of Afro-Ecuadorians. What specific measures had been put in place to combat structural discrimination against indigenous peoples, people of African descent and Montubio people under the National Development Plan? What concrete results had been achieved through inclusive and identity-sensitive development policies for these groups? How did these policies take into account the specific cultural and identity needs of indigenous peoples and Afro-descendants?
To what extent had poverty reduction programmes improved access to employment, social security, housing, health and education for indigenous peoples, Afro-descendants and Montubio people? What indicators were used to measure the effectiveness of these programmes on the economic, social and cultural rights of these populations? Were there specific initiatives to promote employment and economic security among marginalised communities? What measures had been adopted to address intersectional discrimination based on sexual orientation, gender identity, disability and socio-economic status? What efforts were being made to include the perspectives of marginalised groups in the design and implementation of anti-discrimination policies? What was the role of the National Commission on Human Mobility in combatting discrimination? What policies had been put in place to ensure that migrants, refugees and asylum seekers were not discriminated against in accessing essential services such as health, education and housing?
What specific measures had been adopted to prevent pushbacks and ensure that cases were assessed with protection needs in mind? How did the authorities ensure that collective expulsions respected the fundamental rights of migrants? What mechanisms were in place to ensure that asylum seekers and other persons in need of international protection had effective and fair access to refugee status determination procedures? Was there a means of appeal at the national level for asylum seekers whose application for refugee status had been rejected? Were there any initiatives to train officials and immigration officers to better identify the international protection needs of migrants and asylum seekers?
The Committee had received reports that journalists and human rights defenders operated in an increasingly hostile environment, marked by threats as well as physical and digital attacks. These threats also targeted indigenous leaders who worked to defend the territory, land and environment, and who had expressed concern about the negative impacts on human rights in the context of large-scale corporate projects. The Committee had received reports that indigenous leaders were being detained, criminalised, and harassed. There was a lack of a strong legal framework to protect human rights defenders.
What specific measures had been put in place to protect human rights defenders, in particular leaders and defenders of the rights of indigenous peoples, people of African descent and Montubio people, from acts of violence? What mechanisms had been established to ensure a swift and effective response to cases of persecution, harassment, and violence against human rights defenders? What actions had been taken by the authorities to thoroughly investigate incidents of violence or harassment against human rights defenders, and what had been the impact of these investigations on the future prevention of such acts?
Responses by the Delegation
The delegation said the State had made protecting human rights a priority, and had rolled out awareness raising campaigns through local radio, which aimed to combat violence. These had been well received by the population. There were certain regions in the country where radio was the only means of communication, which was the reason this medium was used. Public policy proposals had been put forward to close the gaps to cover indigenous peoples, people of African descent and Montubio people. The national Government had issued a decree which declared that meeting the aims of the International Decade for People of African Descent was a priority. In the provinces, the Government was seeing how discriminatory gaps could be closed. The National Directorate for Ethnic Education strove to improve the rights of Afro-descendants in the education sector.
The organic act on human mobility ensured that deportation would not be used against people who needed international protection. Consultation mechanisms had been established with border control authorities, meaning anyone whose life, freedom or security was at risk would not be expelled and would not be refused admission. Asylum seekers and stateless persons were considered to be in need of international protection. Collective expulsions were forbidden under Ecuadorian law. In 2021, persecution on the grounds of gender was incorporated into the act on mobility, as valid grounds for providing international protection. There were continuous training programmes for all border control officers who were in contact with citizens, and for those responsible for protecting refugees. Those seeking humanitarian protection received legal support and were not punished for entering the country without the required documents. Once recognised, they were provided with an identity card which gave them equal access to services provided to Ecuadorians.
Ecuador’s migration policy had an intersecting human rights approach which strove to cover the various forms of vulnerability. Between 2020 and 2024, there were over four million doctor appointments provided to foreign citizens, with a considerable number of these being for Venezuelan citizens. Between 2022 and 2024, 96,000 people were regularised, mostly Venezuelans, including unaccompanied minors. A new process to regularise 94,000 additional persons was underway.
Ecuador’s Constitution protected the right to mobilise; however, some people had been seeking to use this as a pretext to destabilise the Government. They were not fighting for peace, but on the contrary were seeking to generate chaos. Ecuador had been forced to issue states of emergency to protect the stability of the country. These states of emergency were the subject of Constitutional oversight. The courts had deemed that the country was facing a challenging context in terms of crime, involving armed groups, with international links to organised crime. They had been receiving weapons and had caused divisions to impose their domination over certain sectors of the country.
Questions by Committee Experts
ABDERRAHMAN TLEMÇANI, Committee Expert and Country Rapporteur, asked if more information could be provided on the situation of human rights defenders?
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, said the Committee had raised concerns regarding the administrative barriers faced by migrants, asylum seekers and refugees in accessing education and employment. The Committee had recommended the removal of these barriers. The Committee welcomed the information provided on measures taken to address administrative barriers faced by refugees, as well as legislative measures adopted in this regard. How had these measures been implemented and what had their impact been?
Another Committee Expert emphasised the need to discuss the situation of human rights defenders in more detail. Could concrete examples be provided on how the State protected human rights defenders from abusive behaviour?
A Committee Expert asked about protection for the right to assembly and the right to protest; when people were demonstrating, did the State see this as a responsibility to protect their right to protest? Over 350 human rights defenders had allegedly been prosecuted at the initiative of foreign mining companies; was this true? How had these human rights defenders ended up being prosecuted? Did the State feel there was an obligation to protect their rights to free speech and freedom of assembly?
Responses by the Delegation
The delegation said several measures had been adopted to implement laws to facilitate procedures for persons to acquire refugee status.
Human rights defenders were those who sought to protect. The State reaffirmed its commitments to human rights defenders through the Institutional Committee, which worked in coordination with other Ministries in the State. This Committee was led by the Office of the Ombudsperson. The national Government had appealed for conflicts to be dispelled and had appealed to the dialogue units and the authorities nation-wide. A policy had been developed which guaranteed access to justice when human rights defenders were the subject of prosecution.
Ecuador’s Constitution provided for the right to resist. When people resisted, they should be ready to hold dialogue. Criminal groups highjacked these movements by generating conflicts against law enforcement officials. Any person who felt their rights were violated could take their grievance to court. The Government had resorted to mediation to avoid reaching a position where people were sanctioned and punished. Ecuador provided full guarantees to ensure violence was not generated, and to ensure that the human rights of others were not violated. Civil society and Governments needed to seek the appropriate channels to achieve this. The Ecuadorian State had courts to administer justice. Private companies had not interfered with the administration of justice in Ecuador.
Questions by a Committee Expert
CHRISPINE GWALAWALA SIBANDE, Committee Expert and Country Co-Rapporteur,
welcomed the many good practices and positive steps taken by Ecuador to guarantee the rights of people of African descent, including the work of the Ombudsman, the Secretary of Human Rights, and the National Council for Equality of Peoples and Nationalities, to protect the human rights of Afro Ecuadorians and people of African descent. The International Decade for People of African Descent was launched in Ecuador on 16 February 2016, and the national plan for equality of indigenous peoples, Afro Ecuadorians and Montubio people ran from 2019-2021. The 2008 Constitution established Ecuador as an intercultural and plurinational state, recognising collective rights for Afro-descendants. However, Afro-Ecuadorians and people of African descent continued to suffer racial discrimination, particularly in regard to their access to justice, security, land, clean water, education, healthcare, housing and economic opportunity. What measures were being taken to reduce high poverty levels among people of African descent?
Industries including forestry, palm, and mining were responsible for some of the most serious human rights violations in Ecuador. Information had been provided to the Committee that the State sided with multi-national companies working in mining and oil activities. Could information be provided on the data of these companies working in mining and drilling in areas occupied by indigenous peoples, people of African descent and Montubio people? What measures had been taken to make sure that these multinational companies did not control government offices to act in their favour at the expense of the rights of indigenous peoples, people of African descent and Montubio people? How many court cases had been started involving indigenous peoples, people of African descent and Montubio people in areas of mining and oil drilling, and how had the outcome of those cases affected these vulnerable groups?
There had been previous reports of a toxic river in Esmeraldas province. What steps were being taken to ensure Afro-Ecuadorian communities enjoyed the right to clean water and a clean environment? What efforts were being made to ensure that activists, civil society organizations and human rights defenders continued to advocate for the rights of people of African descent, indigenous peoples and Montubio people? Despite the constitutional guarantee of the right to land, Afro-Ecuadorians complained that thousands of hectares of ancestral lands had been given to extractive industries and multi-national companies. Could the delegation update the Committee on the efforts taken to promote, protect and uphold the rights to land of Afro-Ecuadorians?
There had been reports of impunity and ongoing violations of the human rights of plantation workers and their families by the Japanese company Furukawa Plantaciones CA. The Ombudsman’s report indicated that the majority of workers were Afro-descendants, who worked on the extraction of abaca fiber without having employment contracts or social security. They verified the situation in 17 camps located in the provinces of Santo Domingo de los Tsáchilas and Los Ríos, including a high risk of being evicted from the territories where they lived because they were owned by the company. Could the delegation update the Committee on how the Government had promoted, protected and upheld the rights of people of Santo Domingo de los Tsáchilas and Los Ríos?
Information had been received which indicated that for 60 years, Ecuadorians of African descent had worked for a company under deplorable conditions. The company was still operating and workers were demanding justice and reparations for the harm suffered. Could the delegation update the Committee on how this matter had been addressed?
Afro-Ecuadorian women experienced the highest levels of violence in the country. What measures were being taken to address gender-based violence among vulnerable groups? Could the delegation update the Committee on studies of maternal mortality and what the country was doing to address unsafe abortion? How did the country plan to incorporate World Health Organization guidelines to ensure the abortion law was in line with the World Health Organization guidelines?
Responses by the Delegation
The delegation said training had been provided to police officers on human rights standards and the use of force. In 2023, around 5,700 people were provided with training on human rights. Since 2019, Ecuador had been part of the responsible business behaviour project in Latin America and the Caribbean, which was being implemented in conjunction with the International Labour Organization, the Organization for Economic Co-operation and Development, and the Office of the High Commissioner for Human Rights. The project aimed to cover nine countries, including Ecuador, Brazil and Panama, among others, to ensure the voluntary adoption of the standards of responsible corporate behaviour. The State was developing mechanisms to protect human rights defenders and those who protected the rights of indigenous persons, people of African descent, and Montubio people. This allowed the country to work on developing the national plan on business and human rights.
Indigenous, African descent and Montubio women faced multiple and intersecting forms of discrimination. The State had adopted programmes to ensure their wellbeing, including to combat gaps in education. Policies had been developed to guarantee access to basic services, including sexual and reproductive health rights. However, significant challenges remained in the eradication of structural barriers. Ecuador had promoted arenas for dialogue and participation which strengthened the political participation of women at all levels of Government, particularly targeting women in rural areas.
Efforts had been made to strengthen State institutions in charge of women’s rights. The Ministry of Foreign Affairs and Human Rights had five shelters which provided temporary shelter to women victims of violence. These shelters provided comprehensive care and support, including legal aid and social and pedagogical support. Ecuador had made progress in the promotion and protection of human rights. In 2021, the State embodied harassment on the grounds of gender as a factor for the granting of asylum status.
The Ministry of Education had established a process that enabled students who lived in remote areas to enrol in university; 53 per cent of applicants were Venezuelans. The Government focused on combatting transnational crime, supporting youth, and economic reactivation and employment. A 2022-2025 job employment policy had been created.
Questions by Committee Experts
CHRISPINE GWALAWALA SIBANDE, Committee Expert and Country Co-Rapporteur, said there had been no information provided about access to abortion. In August, Ecuadorians had voted in a nationwide referendum to halt current and future oil drilling in the heart of Yasuní National Park in the Amazon rainforest. Could the Committee be updated on this issue? Information had been received that the Government had been ignoring the will of the people to stop the drilling.
The report indicated that Afro-Ecuadorians mainly had access to work in sectors such as agriculture, animal husbandry, forestry and fishing. Indigenous persons mainly worked in the sectors of agriculture, livestock, forestry and fishing. Montubio persons were primarily employed in agriculture, animal husbandry, forestry and fishing, followed by motor vehicle and motorcycle repair and manufacturing. Could the delegation provide information on why these groups did not seem to have high access to other areas of employment? Why were they only largely employed in specific sectors? What measures were being taken to ensure that indigenous peoples, people of African descent, Montubio people, migrants and asylum seekers were able to access education at all levels?
A Committee Expert asked how effective the comprehensive organic act had been in addressing the scourge of gender-based violence? The Committee had learnt that in some areas in the country, people of African descent felt that based on their historical disadvantage, there had not been enough efforts to improve their socio-economic conditions, and were calling for internal reparations. How did the State party feel about this issue?
Another Expert said there was an over representation in prisons of persons of African descent. Could the delegation explain this? What was the Government doing to combat environmental racism? Could indigenous peoples all benefit from collective rights, particularly in relation to extractive companies?
A Committee Expert asked for the major outcomes of meetings regarding the Decade of African Descent? What was the future outlook for activities in this regard?
An Expert asked if guns could be purchased over the counter in Ecuador, or if a license was required from the State?
A Committee Expert said the foreign companies carrying out mining in Ecuador were accused by the indigenous peoples of encroaching on their ancestral land without their free, prior and informed consent? Had any environmental impact studies been carried out before licenses were given to these companies to operate? Was this required by law?
Responses by the Delegation
The delegation said the Ministry of Labour had checked on the company’s failure to comply with occupation safety and health requirements and labour laws. Penalties had been ordered, including fines, as well as the temporary suspension and closure of the projects in Los Rios and other areas. Appropriate support had been provided to the Furukawa workers. Civil registration services were being rolled out by mobile units, meaning populations in these areas were being provided with identity papers and State benefits. Appeals were ongoing, which had been partially accepted.
Ancestral marriage was recognised in domestic law through indigenous case law. Since 2014, the State had signed 14 compensation contracts with communities in the areas directly affected by the oil and extractive companies, and a certain amount of social compensation had been paid out. Indigenous families had benefitted from the community programmes. Several hundred jobs would be lost due to the early closure of the oil fields, and so over the next few years, several million dollars for developing the Amazon region would be lost. The Government was quite sure that nine out of 10 oil blocs would be closed.
Ecuador’s Constitution spoke of the right to resist. Despite the good intentions of leaders who appealed for peaceful demonstrations, often groups appeared and transformed what was peaceful into something which sought to interfere with the normal operations of the State. That was when the State needed to mobilise, to deter such actions and seek to avoid clashes. Recommendations had been made that promoted holding dialogue with leaders to avoid conflict. Demonstrations were not prohibited, but needed to be held within the context of peace and harmony and without damage to public or private property.
Closing Remarks
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, said concluding observations would be sent to the delegation, which would identify issues which needed to be dealt with in a period of one year. The matters identified would be urgent and could not wait until the next periodic report. The Committee would expect a follow-up report to be sent one year after the adoption of the concluding observations, on the matters which had been identified.
ABDERRAHMAN TLEMÇANI, Committee Expert and Country Rapporteur, thanked the delegation and Committee members who had made the dialogue possible.
MARCO ANÍBAL GUATEMAL ANRANGO, Secretary for the Management and Development of Peoples and Nationalities of Ecuador and head of the delegation, said Ecuador was committed to abiding by the Committee’s concluding observations, and would willingly accept the Committee’s recommendations. Ecuador thanked the Committee for the opportunity to provide a true account of what was happening on the ground.
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