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HUMAN RIGHTS COMMITTEE CONCLUDES CONSIDERATION OF ECUADOR REPORT

14 July 1998

AFTERNOON
HR/CT/98/7
14 July 1998

The Committee on Human Rights this afternoon concluded its consideration of a report on the implementation of the International Covenant on Civil and Political Rights in Ecuador.

The Committee offered its preliminary oral observations at the end of its one-day dialogue with the Ecuadorean delegation. The Ecuadorean officials defended the Government’s report on the status of civil and political rights in the country.

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. The Committee's experts will issue formal concluding observations and recommendations on the report towards the end of the panel's three-week session, which concludes on 31 July.

When the Committee reconvenes on Wednesday, 15 July, at 10 a.m., it will take up the initial report of Israel.

Discussion of Report

In response to numerous oral questions posed by Committee members at the end of this morning's meeting, the delegation of Ecuador said the Government was making efforts to mainstream the role of women at the national level. The role Ecuadorean women played was not limited only to political and economic activities, but it also included social, cultural and educational aspects to whose development females had contributed a big part. Non-governmental organizations had also been engaged in promoting the rights of women through various communal activities both in the rural and urban regions.

Concerning violence against women, the Government had taken specific actions to abolish this phenomenon which had negative effects on the equality and development of women, the delegation said. As to abortion, the deeply Catholic society was not in favour of the practice, however, the Government had implemented significant programmes related to sexual education both in schools and in the society in general. In addition, the Ministry of Health and other organs had achieved good results in their campaign against the spread of the AIDS virus.

The increase in the number of asylum-seekers from neighbouring regions did not discourage the Government of Ecuador from treating them properly, the members of the delegation said. In close collaboration with the United Nations High Commissioner for Refugees (UNHCR), the Government had facilitated their safe stay in the country and had provided them with necessary lodging and educational needs. In the same manner, the authorities had tolerated illegal immigrants by granting them the right to register. In addition, their children had the right to go to schools with other Ecuadorean children. However, Ecuador had a minimum of illegal immigrants compared to other Latin American countries.

Ecuador was neither a producer nor consumer of narcotics, however, the problem persisted with many imprisoned for trafficking in drugs, the delegation said, adding that the Government had been collaborating with other countries in dealing with the problem of narcotics.

The measures undertaken to compensate victims of human rights violations were a leap forward in the efforts to promote and protect human rights values in the society, the Ecuadorean delegation said. Since the introduction of the system of compensation to victims of human rights violations, the Government had made available resources to be paid out to such victims. The judicial mechanism to bring individual or collective cases of violations to court had allowed many of them to receive appropriate compensation.

The constitutional reforms of 1996 had incorporated new mechanisms and procedures to guarantee constitutional rights and the full application of human rights, the delegation said. The changes were introduced into the structure of the courts charged with matters pertaining to observance of the Constitution, and ensured fuller participation of social groups. The Office of the Ombudsman and the remedies of amparo were also created.

The indigenous peoples in Ecuador were politically successful, the delegation affirmed, indicating that any strike by them had the capacity to paralyse the nation. The political and legislative changes undertaken in the country were thus the reflection of such social turmoil.

As regards oil finds in the Amazon region since the 1960s, there had been an environmental problem affecting some of the indigenous peoples, the delegation went on to note, adding that few nomadic peoples in the Amazon region had been victims of globalization and changes. However, it was in the interest of the Government to respect indigenous traditions and encourage multi-lingualism.

The members of delegation also responded to the remaining written questions, to which they said that the independence of the judiciary was strengthened in the new draft constitution which would take effect on 10 August. Additional measures were also taken to depoliticize the function of the judiciary by ensuring its impartiality and its independence from the executive body. The right to a fair trial was also guaranteed for all citizens on an equal basis.

As in all other Latin American countries, human rights institutions were functioning well in Ecuadorean society, the delegation said. An Ombudsman was appointed two years ago by the National Congress to defend the rights of individuals.

The delegation further said that Ecuador respected the freedom of the press and that except for a few cases, the authorities had not interfered with the media which with complete liberty published a good deal of political comments critical of the Government.

Preliminary Concluding Observations

The Committee members offered a number of preliminary oral observations and expressed concern about certain situations. They expressed their appreciation to the Government delegation for its constructive dialogue with the Committee. The Committee considered the efforts of the Government to bring its domestic legislation in line with international laws as positive.

However, the Committee expressed concern about the status of women, saying that their rights were not fully implemented in accordance with the Covenant. The shortcomings in education had adverse effect on the rights of women in general.

The Committee stressed that the approach to the problem of abortion was not properly dealt with. The Government should not invoke Catholic religion as a pretext so as not to resolve the problem faced by adolescent girls, particularly victims of rape.

The Committee also expressed concern at the length of detention terms of detainees. Seventy 70 per cent of detainees were awaiting trial. The Committee was also concerned about the situation of indigenous peoples whose situation was not sufficiently dealt with by the authorities.