Source: United Nations – Geneva
The Human Rights Committee today concluded its consideration of the seventh periodic report of Ecuador on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending the State’s national councils for equality, and raising issues concerning restrictions imposed under the state of emergency and the deployment of military personnel to manage State prisons.
A Committee Expert welcomed that the State party had established national councils for equality. How had the initiatives of the National Council for Gender Equality contributed to promoting gender equality?
Another Committee Expert cited reports that freedom of movement and assembly had been considerably curtailed under the state of emergency, and that vulnerable sectors of society had been disproportionately affected by restrictions. How would the State party ensure that measures taken under the state of emergency were strictly proportionate, time-bound and necessary?
Under the state of emergency, military personnel had been deployed to administer prisons, the Expert noted. Was the State party considering gradually withdrawing the military from prisons? There had been complaints of torture and abuse of authority, as well as murders and arbitrary detention by military personnel in prisons. Had the State party investigated these and prosecuted any personnel?
Juan Carlos Larrea, Attorney General of State of Ecuador and head of the delegation, said that the Office of the Attorney General had carried out constant training for members of the national police and armed forces on international human rights and humanitarian law, the use of force, and the rights of persons deprived of liberty. The delegation added that the State party was working to strengthen training for prison staff. It planned to train almost 7,000 staff over a five-year period.
The delegation said the National Council for Gender Equality had a mandate to mainstream and monitor public policies on gender equality and promote the rights of women and persons from the lesbian, gay, bisexual, transgender and intersex community. Some of the goals of the national agenda on equality were to reduce maternal and child mortality and teenage pregnancy, and there had been progress in these areas.
The delegation said a state of emergency had recently been implemented to confront spiralling acts of violence, terrorism, internal armed conflict, and the prison crisis. All measures implemented under a state of emergency needed to be time bound and to conform with principles of necessity and proportionality, and all states of emergency were monitored by the Constitutional Court.
Formerly, Ecuador’s prisons were in effect being run by organised gangs due to a lack of oversight, creating a crisis in the prison system, the delegation said. The State party had implemented the “Phoenix Plan” to regain control and safety in all prisons. The armed forces were ensuring physical security in only eight of the 35 adult detention centres in the State.
The delegation also said armed forces personnel had been involved in 72 cases of habeas corpus, with personnel cleared of wrongdoing in 68 cases and the remaining cases still being investigated. A specialised prosecutor’s unit had been established to investigate cases of harm or death caused by the armed forces and the prison service.
In concluding remarks, Mr. Larrea said Ecuador was fully committed to implementing international human rights law and promoting respect for human rights. It was facing challenges in the field of human rights, including spiralling international organised crime, but remained committed to addressing these. The delegation hoped that the Committee would provide concrete recommendations that addressed the complex challenges Ecuador was facing.
Tania María Abdo Rocholl, Committee Chairperson, in concluding remarks, said the dialogue had addressed historic human rights violations, measures to combat terrorism, reproductive rights, the independence of the judiciary, and the situations of human rights defenders and indigenous peoples, among other topics. The Committee was committed to its mandate of guaranteeing the highest level of implementation of the Covenant in Ecuador.
The delegation of Ecuador was made up of representatives of the Ministry for Women and Human Rights; National Council for Gender Equality; National Service for the Comprehensive Care of Adults Deprived of Liberty and Adolescent Offenders; Ministry of Foreign Affairs and Human Mobility; Office of the Attorney General of the State; Ministry of National Defence; and the Permanent Mission of Ecuador to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and forty-second session is being held from 14 October to 7 November 2024. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 10 a.m. on Monday, 4 November, to hear the presentation of the progress report of the Committee’s Special Rapporteur on Views.
Report
The Committee has before it the seventh periodic report of Ecuador (CCPR/C/ECU/7).
Presentation of the Report
JUAN CARLOS LARREA, Attorney General of State of Ecuador and head of the delegation, said Ecuador had demonstrated its commitment to the promotion and protection of human rights through the ratification of the 27 United Nations instruments on human rights; the open invitation to the Rapporteurs and Special Procedures of the United Nations and the Inter-American system; timely and continuous submission of periodic reports; and the establishment of the national mechanism for the implementation, follow-up and monitoring of Ecuador’s international human rights recommendations.
Ecuador had implemented public policies to comply with the provisions of the Covenant. Notable achievements over the reporting period included the creation of the Ministry of Women and Human Rights; the decriminalisation of abortion in cases of rape; the implementation of the second phase of the spotlight initiative for the eradication of gender-based violence; and actions taken to improve the situation of persons deprived of liberty.
The executive had trained 25,844 people on the right to life, freedom of expression and peaceful protest, due process, the right to liberty, free mobility, equality and non-discrimination. The judiciary had held training events on human rights which benefited 69,624 officials, professional associations and universities. Similarly, the Office of the Attorney General had carried out constant training for members of the national police and armed forces on international human rights and humanitarian law, the use of force, and the rights of persons deprived of liberty.
The organic law on communication created a mechanism to protect the life and integrity of journalists and to develop indicators on murder, kidnapping, forced disappearance, arbitrary detention and torture of journalists. The State was also developing protocols for their protection and to ensure prevention. So far in 2024, 97 alerts of aggression against media workers had been received. In response to these, the Communication Council had carried out 78 protective actions, in addition to security workshops in conjunction with the national police and armed forces.
The National Council for the Equality of Peoples and Nationalities had drawn up the agenda for the equal rights of indigenous nationalities and peoples, the Afro-Ecuadorian people and the Montubio people. Representatives of organizations and civil society were consulted in its development. In 2023, the National Council held 14 territorial conferences with members of organizations of Afro-Ecuadorian communities to examine issues related to the Decade for People of African Descent at the national and international levels and move forward with proposals for its fulfilment, from which support for the declaration of a second Decade was concluded.
ARIANNA TANCA MACCHIAVELLO, Minister for Women and Human Rights, said the Ministry was dedicated to preventing, addressing, repairing and eradicating violence against women, children and adolescents. The Ministry had 45 comprehensive protection services established within the framework of legislation and the national plan to prevent and eradicate violence against women 2020-2030. There were State-run centres providing free psychological care, legal advice and social work services to victims of violence against women, and the State had cooperation agreements with shelters and comprehensive care centres.
The recent establishment of the technical standard to mainstream a gender approach in all public policies and actions reinforced the State’s efforts. The National Council for Gender Equality had formulated the national agenda for gender equality 2021-2025. Further, in January 2024, the organic law for equal pay between women and men was approved, and 18 September was declared “Equal Pay Day” to raise awareness in society about the gender pay gap. In May 2024, a law on reparation for relatives of victims of femicide was approved, which guaranteed family members the right to comprehensive reparation, scholarships and financial aid for children who were orphaned, and to medical and psychiatric care and counselling.
Ecuador has prioritised the elimination of sexual abuse and violence against children and adolescents in schools. Among the main measures adopted were the national plan on the creation of protective educational environments and the public policy for the eradication of sexual violence in education.
The State Attorney General’s Office had a policy promoting access to justice for the lesbian, gay, bisexual, transgender and intersex community, which established guidelines for the investigation of hate crimes and discrimination against this group. In addition, the diversity action plan 2022-2025 was adopted, which established 148 actions and 151 indicators to improve living conditions and guarantee equal rights for this community in Ecuador. In 2023, a measure was introduced for the identification and prosecution of people and entities who discriminated against others based on sexual orientation, gender identity or expression. The Ministry of Public Health had prepared a manual of good practices in comprehensive health care for this community. From 2019 to June 2024, more than 39,000 services were provided for people who self-identified as lesbian, gay, bisexual, transgender and intersex.
The organic law on human mobility determined the procedures to be followed in the event of inadmissibility at borders, deportation and expulsion, taking into account international standards on non-refoulement. The extraordinary regularisation process for Venezuelan migrants, which began on 1 August 2022 and was still in force, had provided more than 97,000 exceptional temporary residence visas, including 871 visas for unaccompanied or separated children. Ecuador had been awarded for its good practices regarding recognition of sexual diversity and gender identity within refugee status determination procedures.
Ecuador was committed to the protection, respect and promotion of human rights, in particular within the framework of the obligations assumed under the Covenant.
Questions by Committee Experts
A Committee Expert welcomed measures adopted by Ecuador in recent years to tackle serious human rights issues in the country. What measures had been adopted by the State party to implement the Views of the Committee concerning the cases of Isaías Dassum v. Ecuador and Pérez Barriga et al. v. Ecuador. Had the State party established a procedure for implementing the Committee’s Views? Had courts other than the Constitutional Court expressly referred to the Covenant’s provisions? Could the delegation provide updated figures on training for public officials on the Covenant? What was the situation of the Ombudsperson’s Office? Did it have sufficient resources to fulfil its mandate?
Vulnerable sectors of society had reportedly been disproportionately affected by restrictions imposed under the state of emergency. What safeguards were in place in this regard? Under the state of emergency, military personnel had been deployed to administer prisons. Was the State party considering gradually withdrawing the military from prisons? There had been complaints of torture and abuse of authority, as well as murders and arbitrary detention, by military personnel in prisons. Had the State party investigated these and prosecuted any personnel?
The Constitutional Court had declared the state of emergency as being unconstitutional in 2023. Why had the executive continued to maintain it, contrary to the Court’s decision? Was the current state of emergency being monitored by the Court? There were reports that freedom of movement and assembly had been considerably curtailed under the state of emergency. How would the State party ensure that measures taken under the state of emergency were strictly proportionate, time-bound and necessary?
Another Committee Expert asked for information on cases contained within the Truth Commission’s final report on historic human rights violations that had not been concluded. Reportedly, a large percentage of cases had not been concluded 14 years after the report was issued. How many persons had been provided with reparations?
What court cases had been ruled on regarding terrorism in the last three years? How was the State party ensuring fair trial guarantees for persons accused of terrorism? Around 35,000 people had reportedly been arrested this year alone on charges of terrorism.
A Committee Expert welcomed that the State party had established national councils for equality. What impact had these councils had in promoting equality and preventing discrimination? How had the initiatives of the National Council for Gender Equality contributed to promoting gender equality? The State party had provided training for members of the judiciary on sexual orientation and gender identity. Was this effective in combatting discrimination against lesbian, gay, bisexual, transgender and intersex persons? What impact had measures to improve health care for lesbian, gay, bisexual, transgender and intersex persons had? What measures were in place to protect and improve the rights of transgender and intersex persons, including children?
The police had registered 15,000 complaints of violence against women in 2021. Had inquiries into these cases contributed to combatting impunity and ensuring reparation for victims? What progress had been achieved by the plan to bolster training regarding violence against women? What would be done to speed up the legislative process for cases of violence? How would the State party ensure that women who were victims of violence had access to remedy and appropriate protection mechanisms, including psychosocial and rehabilitation services?
Another Committee Expert asked about the State party’s position on the United Nations’ human rights protection system. The Expert welcomed that reform of the Democracy Code in 2020 had introduced gender parity on election lists, and said that there had been positive progress in the implementation of legislation to tackle gender-based violence in the political sphere. However, there were 23 cases of violence against women politicians between 2022 and 2023, including two femicides, one of a female mayor. How was the State party working to combat such violence and promote women’s participation in politics, including the participation of minority women?
Women’s representation in political bodies continued to be limited, particularly for minority women. What awareness raising campaigns were in place to address stereotypes concerning women’s role in society? Could the delegation comment on the implementation of the law on equal opportunities and the “purple economy”?
There were reports of violence against indigenous peoples by the armed forces in the northern border area; had these been investigated and had cases been prosecuted? Would the State party provide material reparation to indigenous communities affected by violence and the actions of resource sector companies?
One Committee Expert said there were concerns regarding gaps in the protection system for the children of victims of violence. What steps had been taken to protect vulnerable children and to guarantee a sustainable budget for support payments for victims, so that families of victims could benefit?
The Committee was concerned by the high number of girls being subjected to sexual abuse, rape and incest. Violence against girls in schools was reportedly endemic and girls were discouraged from reporting sexual attacks. What measures were in place to protect vulnerable girls against such attacks? What sanctions were imposed for sexual offences and what reparations were provided to girl victims? Were vulnerable girls’ families provided with legal assistance?
Ecuador had expanded access to abortion for victims of sexual assault in a new law. Would the State party decriminalise abortions in the case of malformation of the foetus? Had the State party organised education for women and girls regarding contraception and established family planning counsellors within health care facilities? Had the State party approved guidelines for therapeutic abortion care and taken action to inform society regarding the law on abortion and medical centres where abortions were available? How did the State party ensure that there were health care professionals who were able to provide safe abortions in all remote and rural areas? The Committee noted a Constitutional Court ruling calling on the State party to not prosecute health care professionals who performed abortions. Had this been implemented? How was the State party protecting the confidentiality of women who sought abortions?
Responses by the Delegation
The delegation said the Truth Commission had the mandate to investigate serious human rights violations occurring between 1983 and 1998. The Commission’s final report documented enforced disappearances and other violations occurring during that period. The Ombudsman had been called on to implement reparations for the victims of these violations; more than 150,000 direct and indirect victims had benefited from reparations. Two criminal cases addressing historic human rights violations had been prosecuted.
A law preventing sexual violence and harassment in education had been developed and a national plan for addressing such violence had been implemented. After victims of violence and harassment were identified, they were referred to mental health services. The State party promoted the best interests of the child and their right to be informed in all matters affecting them. Eleven protocols had been issued addressing sexual crimes against minors.
A law permitting abortion in cases of rape was implemented in 2022 and inter-institutional mechanisms were set up to ensure that the law was properly applied. Victims of rape did not need to file a legal complaint to access abortions. The prosecution was obliged to provide victims of rape with information on accessing abortions, and all health care facilities were required to provide information immediately on access to abortion in cases of rape. The State party provided free and confidential guidance on abortions, and health care providers were required to protect the confidentiality of persons who sought abortions.
The National Council for Gender Equality had a mandate to mainstream and monitor public policies on gender equality and promote the rights of women and persons from the lesbian, gay, bisexual, transgender and intersex community. The national agenda on equality addressed the barriers faced by various groups of minority women. Some of the goals of the agenda were to reduce maternal and child mortality and teenage pregnancy, and there had been progress in these areas. Guidelines had been developed to ensure that vulnerable women had access to credit lines and the digital economy. The State party was also promoting rural women’s access to land titles. The police had carried out capacity building programmes addressing gender stereotypes and promoting positive masculinity.
Formerly, Ecuador’s prisons were in effect being run by organised gangs due to a lack of oversight, creating a crisis situation in the prison system. The State party had implemented the “Phoenix Plan” to regain control and safety in all prisons and promote the rehabilitation of all those deprived of liberty. It was working to improve prison infrastructure to address overcrowding and was currently building two new prisons.
Protocols were in place to ensure cooperation between the armed forces and the national police in the management of prisons. The armed forces were ensuring physical security in only eight of the 35 adult detention centres in the State. The State party was working to strengthen training for prison staff. It planned to train almost 7,000 staff over a five-year period. This year, the State party would almost entirely eliminate mixed gender detention to prevent gender-based violence in prisons.
Ecuador was fully committed to cooperating with the United Nations human rights protection system and was grateful for the support and advice that it offered to the State. The Constitution allowed for the direct and immediate application of international human rights instruments ratified by the State. Regarding the case of Isaías Dassum v. Ecuador, investigations had been carried out and resolved in favour of the individual involved and reparation had been provided, in compliance with the Committee’s recommendations.
Ecuador’s President had the ability to impose a state of emergency in cases of violence, threats to the State, and natural disasters. All measures implemented under a state of emergency needed to be time bound and to conform with principles of necessity and proportionality, in line with the Covenant. A state of emergency had recently been implemented to confront spiralling acts of violence, terrorism and internal armed conflict, and the prison crisis. All states of emergency were monitored by the Constitutional Court, which had questioned the restriction of rights in certain contexts. The State party’s duty was to ensure that its people were able to live in a safe society free of corruption.
The national allowance for orphans whose mothers had been murdered was a monthly allowance indexed to the monthly basic income. So far, 486 allowances had been provided to children.
An agreement had been reached to strengthen relations with indigenous peoples and to prevent violence against indigenous communities. There was also a protocol that aimed to protect indigenous peoples in voluntary isolation.
Follow-Up Questions by Committee Experts
A Committee Expert said there appeared to be a large gap between the legal and institutional framework on human rights and the situation on the ground. The rate of femicide was on the rise and women were increasingly becoming victims of enforced disappearance, leading to an increase in orphaned children. Had drug trafficking groups become so strong that authorities could not control them? Why was the State party not sufficiently reacting to the prevailing environment of impunity? What measures were in place to protect vulnerable groups, including children?
Another Committee Expert said that the Prosecution Service had launched over 200 investigations into torture and abuse of authority by the police force. Had any rulings been issued for these cases?
One Committee Expert asked about the role of victims of past human rights violations in creating the Museum of Memory. Why had their proposals regarding the location of the Museum not been taken on board? Had the prison population increased or decreased as a result of the security measures being implemented by the State party? Were the prisons in which the armed forces were present the largest and most modern? Were there plans to reduce the number of prisons administered by the armed forces? The Expert commended the State party’s significant efforts to train prison guards. What was the current ratio of guards to prisoners?
A Committee Expert said the allowance for children whose mothers were victims of femicide was a good measure, but all orphaned children needed to receive it. What were the prospects for decriminalising abortions in cases other than rape or where the mother’s life was at risk? Did the State party support access to contraception for low-income families?
Another Committee Expert asked whether allowances given to children whose mothers were murdered were the same regardless of the number of children in the family.
Responses by the Delegation
The delegation said the Government would implement the single register on violence by the start of next year. It had been providing training to public officials on the handling of sensitive information within this register. The register would allow the State party to gain insights into patterns of violence in different areas of the country, as part of its efforts to eradicate gender-based violence.
There was a five-year training plan for prison officials and 60 million United States dollars had been invested in improving the prison system this year. Improving the national rehabilitation system was a priority for the Government.
Questions by Committee Experts
A Committee Expert asked about measures to prevent torture and ill treatment by the police against detained persons. How did the State party ensure transparency in investigations of complaints against the police related to torture? What redress was provided to victims of torture? What measures were being considered to strengthen human rights training for the police?
The Transitional Council for Citizen Participation and Oversight was endowed with extraordinary powers allowing for the dismissal and appointment of judges and magistrates at the discretion of the executive branch, violating principles of judicial independence. It appointed the Attorney General, judges of the National Court of Justice, and 137 other oversight authorities, and had reportedly removed judges and judicial officials who did not align with the political interests of the Presidency. What mechanisms were in place to prevent conflicts of interest and ensure that the Council complied with international standards on judicial independence? How was transparency and the participation of citizens ensured in the Council’s evaluations of public authorities? When did the mandates of the Attorney General and the members of the Council expire? Why did the Council still have “transitional” status?
What mechanisms were in place to ensure that migrants at the northern border had access to basic services such as health, education and employment? Were there programmes to protect migrant women and children from exploitation and abuse? How was discrimination against migrants addressed in regularisation and asylum processing? Was the State party monitoring and evaluating asylum policies on the northern border?
The Ecuadorian Government had reportedly failed to implement adequate protection measures for human rights defenders, allowing threats and attacks against these people to go unpunished and exposing them to the constant risk of violence and intimidation. Had the State party strengthened the legal framework for protecting human rights defenders? Were human rights defenders involved in developing policies that affected their work? What protection mechanisms were in place for at-risk persons? Investigative journalists Anderson Boscán and Mónica Velásquez faced threats and were forced into exile in Canada after making complaints about Attorney General Diana Salazar’s alleged connections to organised crime networks. Why were these persons’ security being jeopardised?
One Committee Expert asked about the entity that carried out investigations into the excessive use of force. How many officials had been prosecuted for the excessive use of force? A 2024 decree called on the armed forces to participate in controlling internal order. Had the State party held a referendum on this decree, and did it comply with the Covenant?
How did Ecuador guarantee the principle of non-refoulement? What measures were in place to safeguard the physical security of asylum seekers and refugees? Restrictions on the freedom of movement had limited migrants’ ability to find jobs. Curfews had affected migrants in street situations, who did not have a place to stay. Had legal aid or counsel been provided by the State to defend asylum seekers’ rights in regularisation processes? How was the State party ensuring access to justice for migrants who were victims of extortion?
Indigenous peoples had been adversely affected by mining projects, including illegal mining linked to organised crime. What consultation processes had been held regarding these projects? The State party had adopted decrees but had yet to adopt a law on prior consultation and free, informed and prior consent regarding mining and resource projects. Would the State party speed up the adoption of such a law? Oil spills had affected the environment and the health of indigenous peoples. What preventive measures had been taken regarding oil spills and what reparations had been provided to affected persons?
A Committee Expert said the Committee was concerned about conditions in places of detention and overcrowding, a serious and persistent problem in prisons. Detainees lacked access to food, water and health services, and overcrowding also increased tensions between inmates and made the management of prisons difficult. Since January 2024, the overall prison capacity had increased by 7.8 per cent, but there were still 18 prisons with critical overcrowding at over 120 per cent capacity. What measures were in place to address the issue? Had the State party considered dismantling mega prisons?
The Committee noted significant efforts by the State party to address the issue of human trafficking through training of judicial actors. What were the prospects of establishing a specialised office addressing trafficking within the prosecution? Had compensation been provided to victims of trafficking? How were victims protected from criminal liability? How did the State party promote the social inclusion of victims, protect them from revictimisation, and support their access to the labour market?
Another Committee Expert said there had been more than 600 deaths of detainees between 2018 and 2023. In March 2024, a violent riot in a prison had led to the death of 12 detainees, while another riot in July led to 18 deaths. Two prison wardens had recently been murdered. Organised crime had reportedly infiltrated prisons, inciting these events. What measures were in place to regain control of the prison system and promote the basic rights of prisoners? How many deaths had occurred in prisons this year, and were there any deaths resulting from torture or ill treatment? Would the State party grant access to prisons for the national preventive mechanism?
The Committee was concerned about the reported penetration of organised crime into the judiciary. Members of the judiciary were allegedly paid bribes to give shortened prison sentences to members of organised crime groups. What investigations had been carried out into such allegations? How did the State party ensure the integrity of investigations into corruption? What was the disciplinary structure for judges and how was their independence guaranteed?
In 2018, three journalists were kidnapped and murdered by organised crime and four journalists were murdered in 2022. What investigations had been carried out into these events? The judicial system was reportedly used as a tool for censorship against journalists. How did the State party ensure that journalists could carry out their work without interference?
One Committee Expert said the Communication Council had been involved in promoting diversity in the media and in organising training on media workers’ rights. What results had been obtained by training programmes? Between July and December 2021, there were 62 reports of harassment against journalists. What measures were in place to ensure that threats against journalists were properly investigated and punished? During 2022 demonstrations, at least nine deaths were recorded and close to 200 people were arrested. How did the State party guarantee the right to peaceful assembly and ensure justice for victims of excessive force by State officials?
Was the law issued in 2022 on the use of force and firearms by the police in line with the Covenant? Was civil society involved in the drafting of the law? How was the law being implemented? Did the State party provide training programmes on the law to police?
How had the State party guaranteed access to justice for indigenous peoples in indigenous languages? What obstacles were there in providing legal aid to indigenous peoples? What measures were in place to strengthen the indigenous legal system and to ensure coordination between indigenous and regular legal systems?
In some regions, authorities did not recognise the legal status of indigenous peoples. Farmers who were defending their lands were reportedly perceived as criminals and harassed by authorities. How was the State party preventing such harassment?
Responses by the Delegation
The delegation said training had been provided for around 500 prosecution staff and over 2,000 civil servants on investigating violent deaths of women and girls since 2022. This year alone, over 500 members of the armed forces and other civil servants had participated in the prosecution office’s training on international human rights law.
The armed forces were ensuring internal security in the context of the high level of armed conflict occurring in the State, caused by organised gangs. The activities of the armed forces strictly complied with human rights standards, regulations on the use of force and firearms, and principles of necessity and proportionality. The State party was constantly updating provisions on the use of force in line with international standards. During the first six months of this year, the murder rate had fallen significantly and criminal structures had been dismantled.
The armed forces’ activities had helped to reduce criminal activities within the prison system. The armed forces allowed oversight visits to prisons by Government bodies. Members of the armed forces were trained in human rights, the use of force, and the protection of vulnerable persons. Accusations of human rights violations by members of the armed forces were investigated in cooperation with public bodies. Armed forces personnel had been involved in 72 cases of habeas corpus, with personnel cleared of wrongdoing in 68 cases and the remaining cases still being investigated. A specialised prosecutor’s unit had been established to investigate cases of harm or death caused by the armed forces and the prison service.
The State party was strengthening the national framework for the prevention of terrorism. It was receiving international support to bring its legislation on terrorism in line with international standards.
Ecuador ensured full reparation for direct and indirect victims of homicide, including through the law on support for family members of victims of femicide. The public policy on reparation was being updated to strengthen support for victims’ relatives through consultations with civil society. Support payments for orphaned children whose parents were murdered were increased progressively depending on the number of children in the family.
State legislation protected the activities of human rights defenders. An inter-institutional board was developing a comprehensive policy on the protection of human rights defenders and carrying out an analysis of threats faced by human rights defenders. The State provided protection to victimised human rights defenders involved in court proceedings through the witness protection programme. Regional councils of human rights defenders had been established.
The Government had delineated certain areas as “protected land” where mining activities could not be carried out. It had provided training on promoting the human rights of indigenous peoples and tackling their exploitation. Over 3,000 interventions related to indigenous peoples had been carried out by the Government. The State party worked closely with local autonomous governments to ensure the incorporation of indigenous knowledge into policies and activities to address climate change.
Before implementing measures related to non-admission and deportation, investigations needed to be carried out to assess whether the individual concerned needed international protection. Asylum seekers could receive free legal aid and the support of translation services if required. An online platform to support asylum requests had been established; it had received more than 56,000 such requests. Over 96,000 Venezuelan citizens had been granted temporary residency through a special procedure implemented in 2022. Emergency care was being provided for the large number of migrants on the northern border in collaboration with international organizations and private sector bodies, to ensure that these migrants and asylum seekers received the highest standard of care.
The State party had been procuring building materials and conducting repairs to improve prison infrastructure and the living conditions of detainees. Accommodation in two prisons had recently been increased by 1,700 places. The State had authorised the construction within 300 days of two new prisons to house a maximum of 800 detainees. These would greatly reduce the rate of overcrowding. The Government was increasing human resources for administering these prisons. Around 600 prisoners who had been detained for over five years and were not accused of violent crimes would soon be pardoned to further reduce overcrowding.
The National Red Cross Committee had been training medical staff to improve health care in prisons. A classification plan was in place to revise the classification of detainees to reduce the grouping of members of organised crime in prisons. Female detainees had been relocated to exclusively female prisons. Over the next five years, the State party planned to recruit 700 new prison guards. A protocol on the handling of complaints within the prison system had been developed.
Although a law on free, prior and informed consent had yet to be implemented, the Constitutional Court had established standards relating to this consent that needed to be respected by administrative authorities. Bills had been developed to enact such a law that were currently before Parliament. The State party was undertaking environmental consultations that were in line with international standards in relation to upcoming mining projects. It was also working to respect the life and integrity of indigenous peoples and preventing them from being harmed by the actions of third parties. The Government had been successful in reducing conflict over indigenous territory and was fostering a culture of peace. A health cordon had been established to improve the health conditions of people living in voluntary isolation.
State legislation ensured respect for judicial independence. No Government entity could interfere with the activities of the judiciary. A roadmap had been developed to promote judicial independence through strict internal oversight of appointment, promotion and evaluation of members of the judiciary. The Council of the Judiciary had implemented measures to ensure the safety of judicial operators. The transitionary period for the Council for Citizen Participation and Social Control had concluded and its regular members were being appointed.
There was a protection and early warning system for media professionals who were facing aggression. The Government was strengthening its capacity to react to attacks against media professionals and to prevent such attacks. Civil society organizations were involved in providing protection measures and improving the working environment for media professionals.
Follow-Up Questions by Committee Experts
A Committee Expert asked why the State party allowed civilians to carry firearms in violent areas in the country. Had any initiatives been adopted to regularise migrants who came into the country after 2022?
Another Committee Expert said judges and prosecutors had been killed and the rule of law was in danger in the country. Some judges had been murdered outside of the premises of the judiciary. There needed to be effective protective actions to ensure the independence of the judiciary and the rule of law. What transparency measures would be implemented to increase public trust in the judiciary? It was positive that the State party had begun a reform of legislation on terrorism in cooperation with international bodies. Would the bill of law being developed provide procedural guarantees in terrorism cases in line with the Covenant?
One Committee Expert said that, since the deployment of armed forces across the territory, femicides, the enforced disappearance of women, and the violation of indigenous peoples’ rights had continued with impunity for offenders. The State party had not ensured the protection of indigenous human rights defenders, whose rights were violated by the activities of mining companies. There were environmental issues threatening the lives of indigenous peoples that had not been investigated and several indigenous peoples were awaiting compensation. Environmental rights defenders were continually harassed by authorities. Could the delegation provide information on the killing of an indigenous chief in February 2024 who was protesting oil prospecting in his region?
Another Committee Expert said poverty and insecurity were serious issues in Ecuador that were disproportionately affecting vulnerable groups. How would the State party address these issues and protect the rights of workers?
Closing Remarks
JUAN CARLOS LARREA, Attorney General of State of Ecuador and head of the delegation, said Ecuador was fully committed to implementing international human rights law and promoting respect for human rights. It was the first country in Latin America to receive a visit from the current High Commissioner for Human Rights, Volker Türk. It was working to implement all recommendations issued to it by the United Nations human rights system.
Ecuador was facing challenges in the field of human rights, including spiralling international organised crime and the current energy crisis, but remained committed to addressing these, and to strengthening efforts to promote the human rights of all people on its territory. It called on the international community to increase technical support for the promotion and protection of human rights in Ecuador. The delegation hoped that the Committee would provide concrete recommendations that addressed the complex challenges that Ecuador was facing.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, thanked all those who had contributed to the dialogue. The dialogue had addressed Constitutional and legal frameworks related to the Covenant, historic human rights violations, measures to combat terrorism, reproductive rights, the independence of the judiciary, detention conditions, the right to life, freedom of expression and association, trafficking in persons, and the situations of human rights defenders and indigenous peoples, among other topics. The Committee was committed to its mandate of guaranteeing the highest level of implementation of the Covenant in Ecuador.
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