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HUMAN RIGHTS COMMITTEE BEGINS CONSIDERATION OF ECUADOR'S REPORT
14 July 1998
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MORNING
HR/CT/98/6
14 July 1998
The Committee on Human Rights started this morning its consideration of the fourth periodic report of Ecuador on measures undertaken by that country to implement the provisions of the International Covenant on Civil and Political Rights.
Introducing his country's report, Luis Gallegos Chiriboga, Permanent Representative of Ecuador to the United Nations Office at Geneva, noted the progress in human rights with the greatest degree of transparency in his country.
The Ecuadorean delegation was made up of Marco Antonio Guzmán, State Procurator General; Antonio Rodas, Deputy Permanent Representative; and Juan Carlos Castrillón, Second Secretary at the Permanent Mission of Ecuador.
Also this morning, Christine Chanet, the Chairperson of the Committee, as well as members of the delegation and Committee experts, paid homage to the oldest member of the Committee, Prado Vallejo of Ecuador, who had devoted his life to the defence of human rights.
As one of 140 States parties to the Covenant, Ecuador is obligated to submit periodic reports to the Committee on efforts to implement the provisions of the treaty.
When the Committee reconvenes at 3 p.m., it will continue its consideration of the report of Ecuador.
Report of Ecuador
The fourth periodic report of Ecuador (document CCPR/C/84/Add.6) reviews the status of implementing the provisions of a number of articles in the Covenant. It says that there is complete harmony between the Covenant and the Ecuadorean Constitution which establishes the legal and political organization of the State. The Constitution defines the State as sovereign, independent, democratic, unitary, decentralized, pluri-cultural and multi-ethnic.
The report says that violations of rights can be referred to judicial remedies and complaints can be lodged before the courts, municipalities and Congress. Ecuador characterizes as an offence against constitutional freedoms any acts which violate the right to freedom of suffrage, freedom of conscience and thought, the right of the individual and freedom of association, among others.
Furthermore, the report states that torture and all forms of inhuman or degrading treatment are prohibited in Ecuador. The use of torture and mistreatment by the police have periodically been identified as problems by the Government which has adopted a number of measures to solve them. According to the report, in 1991, the President of the Republic issued decrees aimed at abolishing the Criminal Investigation Service of the National Police on the grounds that some of its practices constituted cruel and inhuman treatment of offenders.
Concerning children's rights, the report indicates that Ecuador signed the Convention on the Rights of the Child in 1990 which forms part of the law of the country. Consequently, the Government has adopted a series of measures in order to produce a climate in which the rights recognized in the Convention are respected and implemented. It has also incorporated the rights of the child into its domestic legislation and into the policies for children.
In connection to the rights of indigenous peoples, the report indicated that the Government gives priority to the preservation and strengthening of the cultural heritage of its ethnic groups and to the fight against discrimination and the destruction of their cultural identity and their individuality.
Presentation of Report
LUIS GALLEGOS CHIRIBOGA, Permanent Representative of Ecuador to the United Nations Office in Geneva, introducing his country's fourth periodic report, noted that despite the progress in human rights with the greatest degree of transparency, Ecuador was experiencing an acute economic crisis. Poverty was the main problem that had hampered the development of the whole nation and had created economic discrimination based on rural and urban areas. The enormous burden of foreign debt had also had a negative effect on national investment since the excessive foreign payment would otherwise been reinvested in the country to alleviate poverty.
During the last two years, Ecuador had undergone important legislative and judicial transformations to ensure that the respect of human rights was guaranteed to all components of the Ecuadorean society, Mr. Chiriboga went on to say. The referendum held in May 1997 had resulted in a constitutional reform and the new text would be adopted next month. The new constitution had incorporated Ecuador's international obligations in the respect of its citizens civil, political, economic, social and cultural rights.
Mr. Chiriboga stated that in connection with the celebration of the fiftieth anniversary of the Universal Declaration of Human Rights, the Government had in December 1997 adopted a National Plan of Human Rights to contemplate concrete action in all fields pertaining to rights, including minorities, the disabled and detainees.
Discussion
In response to written questions prepared by Committee experts in advance, the delegation said that in Ecuador, to differentiate between citizens according to their colour or ethnicity was considered to be an “odd practice.” There was a general belief that all Ecuadoreans were equal and there was no discriminatory policy towards a particular segment of the society.
In order to overcome infant mortality, the Government had taken a series of measures including the National Action for Children, the delegation said. In addition, a campaign of vaccination had been carried out to immunize children. Measures were also undertaken to reduce child mal-nutrition death. Since 1991, no cases of polio had been detected in the country.
There were elements that discriminated against women within the general social composition, members of delegation said, adding that the Government had been striving to eliminate those factors impeding the equal enjoyment of rights by women. In recent years, enormous changes had been made to policy adjustment in favour of women's equality. The legislative reforms undertaken by the Government had provided women with the possibility to accede to higher education and public posts. In addition, the launching of the National Plan of Action had raised awareness of gender equality.
According to the Ecuadorean Constitution, women had the same rights and opportunities as men in all spheres of life, especially the economic, labour, civil, political, social and cultural spheres. The Government had incorporated in its National Development Plan a set of gender-perspective strategies, policies and goals in each of the critical areas covered in the Platform for Action approved by the Beijing World Conference on Women.
Children were one of the most vulnerable groups in the society by virtue of their biological, social, economic, cultural and psychological conditions, the members of the delegation said, adding that the Government had undertaken measures under the National Development Plan to protect them. Children had the right to protection by parents, by society and by the State, in order to safeguard their life, physical well-being, health, education, identity, name and nationality.
With regard to child labour, Ecuador had no major problem. The Government had ratified the International Labour Office (ILO) Convention on the subject. Ill-treatment of children in schools was also prohibited nation-wide.
On the question of extra-judicial executions, disappearances and torture, the delegation affirmed that Ecuador had conducted a vigorous campaign to develop awareness among the armed forces and the police of the unconditional obligation to respect the human rights of persons detained or under investigation. There had been few known cases of disappeared persons, and complaints of improper treatment of detainees had been investigated and punished. However, there was no systematic abuse of human rights in Ecuador, the delegation said.
The use of weapons by the police was strictly governed by rules and regulations and their violation was punished, the Ecuadorean delegation affirmed. The Government had so far applied severe punishments to police agents found guilty of abuse of their arms. Non-governmental organizations working in close relation with the Government had been useful in denouncing acts of violence by police and this had led to investigations being held.
With respect to police custody and pre-trial detention, the delegation said that there had been problems of slowness in judgement which had prompted a judicial reform in recent years. The country's penal code had also been revised to reduce overcrowding in prisons and new prisons were constructed in many places of the country. The Code of Criminal Procedure stipulated that the initial stage of a trial should be completed within a period of 60 days.
Additional queries were raised by Committee experts regarding problems of abortion among young girls; the high rate of suicide among minors up to the age of 20; the lack of documents for refugees; the adverse consequences affecting indigenous peoples by the oil explorers; the situation of detainees; and child labour, among other things.
HR/CT/98/6
14 July 1998
The Committee on Human Rights started this morning its consideration of the fourth periodic report of Ecuador on measures undertaken by that country to implement the provisions of the International Covenant on Civil and Political Rights.
Introducing his country's report, Luis Gallegos Chiriboga, Permanent Representative of Ecuador to the United Nations Office at Geneva, noted the progress in human rights with the greatest degree of transparency in his country.
The Ecuadorean delegation was made up of Marco Antonio Guzmán, State Procurator General; Antonio Rodas, Deputy Permanent Representative; and Juan Carlos Castrillón, Second Secretary at the Permanent Mission of Ecuador.
Also this morning, Christine Chanet, the Chairperson of the Committee, as well as members of the delegation and Committee experts, paid homage to the oldest member of the Committee, Prado Vallejo of Ecuador, who had devoted his life to the defence of human rights.
As one of 140 States parties to the Covenant, Ecuador is obligated to submit periodic reports to the Committee on efforts to implement the provisions of the treaty.
When the Committee reconvenes at 3 p.m., it will continue its consideration of the report of Ecuador.
Report of Ecuador
The fourth periodic report of Ecuador (document CCPR/C/84/Add.6) reviews the status of implementing the provisions of a number of articles in the Covenant. It says that there is complete harmony between the Covenant and the Ecuadorean Constitution which establishes the legal and political organization of the State. The Constitution defines the State as sovereign, independent, democratic, unitary, decentralized, pluri-cultural and multi-ethnic.
The report says that violations of rights can be referred to judicial remedies and complaints can be lodged before the courts, municipalities and Congress. Ecuador characterizes as an offence against constitutional freedoms any acts which violate the right to freedom of suffrage, freedom of conscience and thought, the right of the individual and freedom of association, among others.
Furthermore, the report states that torture and all forms of inhuman or degrading treatment are prohibited in Ecuador. The use of torture and mistreatment by the police have periodically been identified as problems by the Government which has adopted a number of measures to solve them. According to the report, in 1991, the President of the Republic issued decrees aimed at abolishing the Criminal Investigation Service of the National Police on the grounds that some of its practices constituted cruel and inhuman treatment of offenders.
Concerning children's rights, the report indicates that Ecuador signed the Convention on the Rights of the Child in 1990 which forms part of the law of the country. Consequently, the Government has adopted a series of measures in order to produce a climate in which the rights recognized in the Convention are respected and implemented. It has also incorporated the rights of the child into its domestic legislation and into the policies for children.
In connection to the rights of indigenous peoples, the report indicated that the Government gives priority to the preservation and strengthening of the cultural heritage of its ethnic groups and to the fight against discrimination and the destruction of their cultural identity and their individuality.
Presentation of Report
LUIS GALLEGOS CHIRIBOGA, Permanent Representative of Ecuador to the United Nations Office in Geneva, introducing his country's fourth periodic report, noted that despite the progress in human rights with the greatest degree of transparency, Ecuador was experiencing an acute economic crisis. Poverty was the main problem that had hampered the development of the whole nation and had created economic discrimination based on rural and urban areas. The enormous burden of foreign debt had also had a negative effect on national investment since the excessive foreign payment would otherwise been reinvested in the country to alleviate poverty.
During the last two years, Ecuador had undergone important legislative and judicial transformations to ensure that the respect of human rights was guaranteed to all components of the Ecuadorean society, Mr. Chiriboga went on to say. The referendum held in May 1997 had resulted in a constitutional reform and the new text would be adopted next month. The new constitution had incorporated Ecuador's international obligations in the respect of its citizens civil, political, economic, social and cultural rights.
Mr. Chiriboga stated that in connection with the celebration of the fiftieth anniversary of the Universal Declaration of Human Rights, the Government had in December 1997 adopted a National Plan of Human Rights to contemplate concrete action in all fields pertaining to rights, including minorities, the disabled and detainees.
Discussion
In response to written questions prepared by Committee experts in advance, the delegation said that in Ecuador, to differentiate between citizens according to their colour or ethnicity was considered to be an “odd practice.” There was a general belief that all Ecuadoreans were equal and there was no discriminatory policy towards a particular segment of the society.
In order to overcome infant mortality, the Government had taken a series of measures including the National Action for Children, the delegation said. In addition, a campaign of vaccination had been carried out to immunize children. Measures were also undertaken to reduce child mal-nutrition death. Since 1991, no cases of polio had been detected in the country.
There were elements that discriminated against women within the general social composition, members of delegation said, adding that the Government had been striving to eliminate those factors impeding the equal enjoyment of rights by women. In recent years, enormous changes had been made to policy adjustment in favour of women's equality. The legislative reforms undertaken by the Government had provided women with the possibility to accede to higher education and public posts. In addition, the launching of the National Plan of Action had raised awareness of gender equality.
According to the Ecuadorean Constitution, women had the same rights and opportunities as men in all spheres of life, especially the economic, labour, civil, political, social and cultural spheres. The Government had incorporated in its National Development Plan a set of gender-perspective strategies, policies and goals in each of the critical areas covered in the Platform for Action approved by the Beijing World Conference on Women.
Children were one of the most vulnerable groups in the society by virtue of their biological, social, economic, cultural and psychological conditions, the members of the delegation said, adding that the Government had undertaken measures under the National Development Plan to protect them. Children had the right to protection by parents, by society and by the State, in order to safeguard their life, physical well-being, health, education, identity, name and nationality.
With regard to child labour, Ecuador had no major problem. The Government had ratified the International Labour Office (ILO) Convention on the subject. Ill-treatment of children in schools was also prohibited nation-wide.
On the question of extra-judicial executions, disappearances and torture, the delegation affirmed that Ecuador had conducted a vigorous campaign to develop awareness among the armed forces and the police of the unconditional obligation to respect the human rights of persons detained or under investigation. There had been few known cases of disappeared persons, and complaints of improper treatment of detainees had been investigated and punished. However, there was no systematic abuse of human rights in Ecuador, the delegation said.
The use of weapons by the police was strictly governed by rules and regulations and their violation was punished, the Ecuadorean delegation affirmed. The Government had so far applied severe punishments to police agents found guilty of abuse of their arms. Non-governmental organizations working in close relation with the Government had been useful in denouncing acts of violence by police and this had led to investigations being held.
With respect to police custody and pre-trial detention, the delegation said that there had been problems of slowness in judgement which had prompted a judicial reform in recent years. The country's penal code had also been revised to reduce overcrowding in prisons and new prisons were constructed in many places of the country. The Code of Criminal Procedure stipulated that the initial stage of a trial should be completed within a period of 60 days.
Additional queries were raised by Committee experts regarding problems of abortion among young girls; the high rate of suicide among minors up to the age of 20; the lack of documents for refugees; the adverse consequences affecting indigenous peoples by the oil explorers; the situation of detainees; and child labour, among other things.