The state of exception in Ecuador must comply with the principles of legality, necessity and proportionality

Ecuador must ensure that the rules that regulate the state of emergency that has prevailed in the country for more than seven months comply with international human rights obligations, including the principles of legality, necessity and proportionality, and are subject to judicial review, the Committee for the Elimination of Racial Discrimination.

In their concluding remarks Regarding Ecuador’s most recent periodic report, the Committee referred to the state of emergency that the Ecuadorian government has imposed, arguing that it is due to “unconstitutional” internal unrest.

The Committee recognized the security and violence challenges facing the country; However, he regretted the lack of information on the measures adopted to comply with the rulings of the Constitutional Court that have observed the lack of justification of facts that go beyond ordinary constitutional mechanisms and justify the declaration of a state of emergency.

Furthermore, he expressed concern about reports on the impact of states of emergency and the militarization of public security in fundamental rights and freedomsespecially in the case of indigenous peoples, Afro-descendant people, Montubio people and migrants.

In this sense, the Committee urged Ecuador to guarantee that the measures adopted to address security and violence problems give priority to prevention, research and sanctions from a human rights approach.

He also asked that the tasks of maintaining public order and citizen security are carried out by civil police forces and that only when absolutely necessary do they go to the army in an exceptional, temporary and complementary manner, as established by international standards.

Likewise, he recalled the importance of accountability when there are reports of abuse and violence attributable to the armed forces.

Lack of legislation against racial discrimination

In a section on racial discrimination, the Committee explained the lack of specific legislation to address this scourge and ensure the effective implementation of recognized collective rights.

To improve this situation, he asked Ecuador enact comprehensive anti-discrimination legislation that includes a clear definition of racial discrimination in accordance with the Convention against that burden, expressly prohibiting direct, indirect and intersectional discrimination in the public and private spheres.

Likewise, he called on the country to consult with indigenous peoples, Afro-descendant people and the Montubio people to develop legislation and adopt regulations that clearly codify the collective rights of communities, nationalities and peoples, and that establish clear justice mechanisms.

hate crimes

Regarding hate crimes and racial discrimination, the Committee urged Ecuador to strengthen training programs for police officers, prosecutors and other law enforcement officials on the identification, documentation and treatment of incidents of racial discrimination, incitement to racist hatred and hate crimes.

Another recommendation is that the country undertakes public education about rights enshrined in the Convention against Discrimination and on how to file complaints about hate crimes.

Discrimination against peoples and nationalities

With respect to structural discrimination against peoples and nationalities, he highlighted the persistent economic inequalities, high levels of poverty, social exclusion and the barriers that indigenous peoples, Afro-descendants and the Montubio people face in accessing employment, health and decent living conditions.

Faced with this, he called on the country to take measures to affirmative action and implement public policies aimed at eliminating inequalities and improving the socioeconomic conditions of these population groups.

Likewise, he urged Ecuador to guarantee that these populations have access to the labor market without discrimination and have fair and satisfactory working conditions, and access to social security and health, respecting their culture and traditions.

Extractive projects

To avoid the effects of extractive projects and other business activities on the most vulnerable groups, the Committee pointed out the need for the Ecuadorian State to guarantee that they are carried out. impartial assessments on social, environmental, cultural and human rights impact of natural resource development and exploitation projects before granting licenses for these activities.

The Committee also urged that respect the right to free, prior and informed consentensuring that the affected indigenous peoples, the Montubios and the Afro-descendant population receive compensation for damages or losses suffered, and that they participate in the benefits derived from said activities.

In a specific case on extractive projects, the Committee expressed its alarm over the alleged labor exploitation in cases supposedly related to the Furukawa company, which mainly affect the Afro-descendant population from Esmeraldas, Santo Domingo de los Tsáchilas and Los Ríos.

For that particular case, he urged Ecuador to prevent, investigate and punish all cases of forced labor and labor exploitation, ensuring that victims have access to effective judicial remedies, adequate protection and reparation, and that perpetrators are prosecuted and punished in accordance with the law.