Committee on Economic, Social and Cultural Rights

Concluding observations of the Committee on the third periodic report of Ecuador as approved by the Committee at its forty-ninth session (14–30 November 2012)

1.The Committee on Economic, Social and Cultural Rights considered the third periodic report of Ecuador on its implementation of the International Covenant on Economic, Social and Cultural Rights (E/C.12/ECU/3) at its 34th and 35th meetings, held on 14 and 15 November 2012 (E/C.12/2012/SR.34 and 35), and adopted the following concluding observations at its 58th meeting, held on 30 November 2012.

A.Introduction

2.The Committee welcomes the third periodic report of Ecuador and its written replies to the list of issues. The Committee wishes to thank the State party’s delegation, headed by the Minister for the Coordination of Social Development, for its active engagement in the dialogue with the Committee.

B.Positive aspects

3.The Committee welcomes the ratification by the State party of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (annex to General Assembly resolution 63/117) and commends it upon being the first State to do so.

4.It also takes note of the State party’s ratification of a number of other international instruments:

(a)The Convention on the Rights of Persons with Disabilities and its Optional Protocol;

(b)The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

(c)The International Convention for the Protection of All Persons from Enforced Disappearance.

5.The Committee welcomes the improvements that have occurred in the State party’s social indicators for human development and poverty reduction, as well as the increases that have been made in budgetary allocations for economic and social expenditure, since it adopted its concluding observations on the second periodic report of Ecuador in 2004 (E/C.12/1/Add.100).

6.The Committee wishes to highlight the passage of the new Constitution of Ecuador in 2008, which establishes the direct applicability of the human rights set forth in the Constitution and in international human rights instruments, the principle of non-discrimination in the exercise of human rights and the enforceability of human rights by judicial mechanisms such as constitutional protection actions.

7.The Committee notes the advances made in the development of a legislative framework designed to ensure the enjoyment of a number of the rights set forth in the Covenant:

(a)The Food Sovereignty Act, published in the supplement to Registro Oficial No. 583 of 5 May 2009;

(b)The Higher Education Act, published in Registro Oficial No. 298 of 12 October 2010;

(c)The Disabilities Act, published in the supplement to Registro Oficial No. 796 of 25 September 2012;

(d)The Labour Rights Protection Act, published in the second supplement to Registro Oficial No. 797 of 26 September 2012.

8.The Committee takes note with appreciation of the information provided to it regarding the direct application of the Covenant and the use of the Committee’s jurisprudence, its general comment No. 4, on the right to adequate housing (art. 11, para. 1, of the Covenant) and its general comment No. 15, on the right to water (arts. 11 and 12 of the Covenant) as references for judicial interpretations of the law in Case No. 1207-10-EP, Decision 148-12-SEP-CC (extraordinary action for injunction in respect of the right to housing); Case No. 1586-2008-RA (constitutional action of amparo in respect of the right to work); and Case No. 0907-2008-RA (constitutional action of amparo in respect of the right to education).

C.Principal subjects of concern and recommendations

9.The Committee reiterates its concern about the failure to undertake consultations as a basis for obtaining the prior, freely given and informed consent of indigenous peoples and nationalities for natural resource development projects that affect them. It is particularly concerned by the fact that Executive Decree No. 1247 of August 2012 was issued without having consulted indigenous peoples and nationalities and that this decree stipulates that any agreements which may be reached must be based on pre-existing public policy measures. The Committee is concerned that the objectives of the State party’s efforts to disseminate information, establish permanent consultative offices and organize tours through areas surrounding proposed mining and hydrocarbons development project sites are confined to the socialization of these projects and that these activities fail to engender an intercultural dialogue that would serve as a basis for obtaining the consent of indigenous peoples and nationalities and respecting their right to be consulted.

The Committee urges the State party to engage in consultations regarding mining and hydrocarbon resource exploration and development that allow the peoples and nationalities concerned to freely decide whether or not to give their consent for a given project and that provide sufficient oppor