Conclusions and recommendations of the Committee on the Elimination of
Racial Discrimination, Ecuador, CERD/C/62/CO/2 (2003).
COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
Sixty-second session
3-21 March 2003
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 9 OF THE CONVENTION
Concluding observations of the Committee on the
Elimination of Racial Discrimination*
ECUADOR
1. The Committee considered the thirteenth to sixteenth periodic reports of
Ecuador, due from 4 January 1994 to 4 January 2000, respectively, and submitted
as one document (CERD/C/384/Add.8), at its 1556th and 1557th meetings (CERD/C/SR.1556
and CERD/C/SR.1557), held on 4 and 5 March 2003. At its 1580th meeting (CERD/C/SR.1580),
held on 20 March 2003, it adopted the following concluding observations.
A. Introduction
2. The Committee welcomes the detailed reports submitted by the State party
and appreciates the updated information provided orally by the delegation, as
well as its frank and straightforward answers to the questions and comments
formulated by members of the Committee. However, the Committee notes that the
constructive dialogue it was thus able to resume with the State party after
10 years of interruption could have been further enhanced if it had taken place
earlier.
B. Positive aspects
3 The Committee notes with satisfaction that the 1998 Constitution, as well
as other legal provisions, guarantee special measures of protection for indigenous
and Afro-Ecuadorian people and criminalize racial discrimination against these
and other ethnic minorities. It also notes that the State party has adopted
legislation which criminalizes the illegal smuggling of people across the country's
borders under often inhumane conditions ("coyoterismo").
4. The Committee welcomes the adoption of several action plans within the framework
of the State party's National Human Rights Plan, in particular those on the
rights of black persons and on the rights of foreigners, migrants, refugees
and stateless and displaced persons, as well as the State party's efforts to
promote the adoption of other action plans, in particular on the rights of indigenous
peoples.
5. The Committee welcomes the creation by the State party of an Ombudsman's
Office with special units for indigenous and Afro-Ecuadorian affairs, and of
a Commission for Public Coordination of Human Rights.
6. The Committee welcomes the introduction of a bilingual education system in
Ecuador for teaching some 94,000 indigenous children in both Spanish and their
own languages.
7. The Committee notes with satisfaction that the State party has ratified ILO
Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent
Countries of 1989 and the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families of 1990.
8. The Committee also welcomes the State party's expressed intention to ratify
the amendment to article 8, paragraph 6, of the International Convention on
the Elimination of All Forms of Racial Discrimination. In this connection the
Committee refers to General Assembly resolution 57/194 of 18 December 2002 in
which the Assembly strongly urged States parties to accelerate their domestic
ratification procedures with regard to the amendment and to notify the Secretary-General
expeditiously in writing of their agreement to the amendment.
C. Concerns and recommendations
9 The Committee expresses its concern about the lack of consistent statistical
data on the ethnic composition of the Ecuadorian population. While it recognizes
the difficulties in establishing criteria for defining the different ethnic
groups, the Committee emphasizes that such data are necessary to ensure the
application of special legislation in favour of these groups.
10. The Committee recommends that the national institutions responsible for
the advancement of the rights of indigenous and Afro-Ecuadorian people, in particular
the Council for the Development of Ecuadorian Nationalities and Peoples (CODENPE),
the Council for Afro-Ecuadorian Development (CODAE) and the Ombudsman's Office,
be further strengthened. The interlinkages and delimitation of responsibilities
between the numerous institutions working in this field should be explained
in the State party's next report. The Committee also recommends that the State
party strengthen, through adequate funding and other appropriate means, the
recently established Commission for Public Coordination of Human Rights.
11. The Committee notes that, despite constitutional and legal guarantees, indigenous
and Afro-Ecuadorian people, as well as members of other ethnic minorities are,
de facto, still discriminated against. It urges the State party to ensure the
practical application of the constitutional and legal provisions which outlaw
racial discrimination and to guarantee special protection measures in favour
of indigenous and Afro-Ecuadorian people, as well as members of other ethnic
minorities, in particular through the national courts and other competent bodies
such as the Ombudsman.
12. Serious concern is expressed about reported instances of excessive use of
force by the police and armed forces against indigenous people, particularly
in the context of political demonstrations and civil unrest. The Committee recommends
that the State party ensure that such acts are avoided and, in this connection,
recommends that the State party include human rights education in the professional
training of police and armed forces, as well as prison staff, and requests it
to report on any measures taken in this regard.
13. While welcoming the sincerity with which the State party recognizes the
existence of de facto discrimination against indigenous people, Afro-Ecuadorians
and members of other minorities, the Committee is concerned that a disproportionately
high percentage of persons belonging to ethnic minority groups often do not
enjoy equal access to the labour market, land and means of agricultural production,
health services, education and other facilities and, accordingly, a disproportionately
high percentage of members of these groups live in poverty. The Committee urges
the State party to intensify its efforts to raise the living standards of these
groups, with a view to ensuring their full enjoyment of the economic, social
and cultural rights enumerated in article 5 of the Convention. The State party
is requested to include in its next report precise figures as well as some
key
indicators relating to the enjoyment of economic, social and cultural rights
by the different ethnic groups,
disaggregated by urban/rural population, age and gender.
14. With regard to the important problem of illiteracy among indigenous and
Afro-Ecuadorian people, the Committee recommends that the State party take measures
to increase the number of bilingual teaching personnel, in particular from among
these communities. The State party's next report should contain precise data
as to the percentage of the indigenous, Afro-Ecuadorian and other minority populations
having access to primary, secondary and university education, as well as on
access by these groups to programmes in their language on the radio, on television
and in other mass media.
15. The Committee notes that women belonging to ethnic minorities are subject
to double discrimination, based on their ethnic origin as well as their gender.
Information relating to gender-related discrimination against indigenous and
Afro-Ecuadorian women and on action taken by the State party in this regard
should be included in the next periodic report. In formulating the action plan
on the rights of women, the State party should address the problem of double
discrimination against women belonging to ethnic minorities as well as their
lack of political representation in Ecuador, in line with the Committee's General
Recommendation XXV on gender-related dimensions of racial discrimination.
16. As to the exploitation of the subsoil resources of the traditional lands
of indigenous communities, the Committee observes that merely consulting these
communities prior to exploiting the resources falls short of meeting the requirements
set out in the Committee's general recommendation XXIII on the rights of indigenous
peoples. The Committee therefore recommends that the prior informed consent
of these communities be sought, and that the equitable sharing of benefits to
be derived from such exploitation be ensured. Detailed information on land titles
of indigenous communities, as well as on remedies available to indigenous people
claiming compensation for the environmental depletion of their traditional lands,
should be included in the State party's next periodic report.
17. The Committee is concerned about the lack of confidence on the part of members
of ethnic minorities in the Ecuadorian judicial system. The State party is requested
to report on the causes of this lack of confidence, and on whether the current
reform of the judicial system has made it more efficient and more easily accessible
for the poor.
18. The Committee recommends that the State party disseminate widely information
on the available domestic remedies for acts of racial discrimination, on the
legal avenues for obtaining compensation in cases of discrimination and on the
individual complaint procedure under article 14 of the Convention.
19. The Committee notes the lack of information in the State party's report
on the functioning of the indigenous judicial systems and recommends that such
information be provided in its next periodic report.
20. The Committee is concerned at the reports on discrimination and hostility
suffered by migrants and calls on the State party to intensify its efforts in
designing and implementing educational campaigns to combat racial discrimination
within all sectors of society.
21. The Committee recommends that the State party take into account the relevant
parts of the Durban Declaration and Programme of Action when implementing the
Convention in the domestic legal order, in particular in respect of articles
2 to 7 of the Convention, and that it include in its next periodic report information
on the measures taken to implement the Durban Declaration and Programme of Action
at the national level.
22. The Committee encourages the State party to consult with organizations of
civil society working for the promotion of human rights during the preparation
of the next periodic report, and recommends that the periodic reports be made
readily available to the public from the time they are submitted and that the
observations of the Committee on these reports be similarly publicized.
23. The Committee recommends that the State party submit its seventeenth periodic
report jointly with its eighteenth and nineteenth periodic reports, due on 4
January 2006, and that it address all points raised in the present concluding
observations.