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CHAPTER I BACKGROUND This
Report is a product of the Commission's on-going observation of the
human rights situation in Ecuador. In accordance with its mandate,
defined by the provisions of the American Convention on Human Rights,
its Statute and its Regulations, the Commission monitors human rights
developments in each member state of the OAS, and from time to time
deems it useful to report the results of its study concerning a
particular member state and formulate corresponding recommendations to
assist that state in upholding its inter-American human rights
obligations. This
report covers the period to September of 1996, principally taking into
consideration developments since the inauguration of the Durán
Bailén Administration
in mid-1992, but also making reference to previous events where useful
to fully explain a particular situation. The subsequent Administration,
under the leadership of President Abdalá Bucaram, assumed office on
August 10, 1996. Pursuant to Congressional appointment, the Government
is currently presided over by President Fabián Alarcón
Rivera. The
report was prepared on the basis of information gathered by the
Commission in the course of monitoring the human rights situation in
Ecuador, including relevant data available from governmental and
non-governmental sources, as well as material available from other
intergovernmental organizations, media reports, and data gathered
pursuant to the processing of individual petitions. Additionally, the
Commission was able to directly observe the human rights situation in
Ecuador, and count on the valuable assistance of the Government and
people of Ecuador, when it carried out an on site visit to that country
in November of 1994. During
its 85th Regular Period of Sessions, the Inter-American Commission on
Human Rights EIACHRI agreed to request the consent of the Ecuadorean
Government to carry out an on site visit to that country. After initial
discussions concerning the timing of the visit, on August 4, 1994 the
Government of Ecuador issued its consent for the Commission to carry out
its in loco observation from November 7 through 11, 1994. Comprising
the Delegation of the Commission were Prof. Michael Reisman, Chairman,
Dr. Alvaro Tirado
Mejía, First
Vice-Chairman, Dr. Leo Valladares,
Second Vice-Chairman,
and Ambassador John Donaldson, Member. The Delegation was assisted by
Dr. David Padilla,
Assistant Executive
Secretary of the Commission Secretariat, Dr. Domingo Acevedo,
Legal Advisor, and Dr.
Elizabeth Abi-Mershed, Staff Attorney. Administrative support was
provided by Mrs. Gabriela
Hageman and Mrs. Rosario
McIntyre. During
its visit, the Commission met with then-Vice President of the Republic,
Dr. Alberto
Dahik Garzozi; the Chief
Justice of the Supreme Court, Dr. Francisco Acosta
Yepes, the Chief Presiding Judge of the Constitutional Chamber of the Supreme
Court, Dr. Hugo
Ordoñez Espinosa,
and the Attorney General
of the Nation, Dr. Fernando
Casares; the Speaker of
the National Congress, Dr. Heinz Moeller; the Minister of Foreign
Affairs, Dr. Galo
Leoro Franco
the Minister of Mines
and Energy, Dr. Gustavo
Galindo; the Minister of
Defense, General José
Gallardo Román; the
Minister of Government and Police, Dr. Marcelo
Santos, and that
Ministry's Director of Social Rehabilitation., Dr. Juan José
Páez, the Chairman of
the Standing Committee on Human Rights of the National Congress, Deputy
Juan José
Castelos, and other
Members of the National Congress; and with the General Commandant of the
National Police, General Miguel
Rocero Barba. The
Commission met with representatives from a range of nongovernmental
organizations working in the field of human rights: Sister Elsie Monge
and Sister Laura Glynn of the Ecumenical Human Rights Commission; Dr.
Gloria Maira and ,Dr. Javier
Mena of the Latin American Human
Rights Association; Dr. Luis Macas
of the Confederation
of Indigenous Nationalities of Ecuador (CONAIE), Mr. Valerio Grefa-of
the Coordinating Body of Indigenous Communities of the Amazon Basin
(COICA); Mr. Edmundo Vargas
of the Confederation of
Indigenous Nationalities of the Ecuadorean Amazon (CONFENIAE), and
representatives from organizations including ECUARUNARI, FICI, the
Federation of Indigenous Organizations of Napo (FOIN) and OINAE.
Hearings were held with individuals and institutions representing a
range of social sectors, and
offering information on the situation of human rights in Ecuador. These
included environmental organizations such as-Acción Ecologica,
Ecosciencia, CEDENMA and the Fundación
Natura, as well as such
institutions as the Commission for the Defense of Human Rights; the
Children's. Forum; the Latin American Council of Churches; the Committee
to Assist Refugees and Those Displaced by the Violence the Ecuadorean
Aids Assistance, Education and Prevention ' Foundation; the Ecuadorean
Commission on HIV-AIDS Human Rights; the Afro-Ecuadorean National
Confederation; and the Permanent National Forum of Ecuadorean Women. During
its visit the Commission received a considerable number of individual
complaints filed in accordance with the terms of the American Convention
on Human Rights. The Commission held hearings with relatives of the detained and the
disappeared, and with other petitioners wishing to offer information
concerning individual complaints. In Quito, the Commission visited Rehabilitation Centers No. 1 (former García Moreno Prison), No. 2 (the Ambato Street Prison), No. 3 and No. 4, as well as the Women’s Social Rehabilitation Center (El Inca Prison). The Commission met with prison authorities and a number of inmates at each facility.
One
Commission delegation travelled to Guayaquil
to examine the
conditions at the Men's Coastal Prison and the Women's Prison. The
delegation met with the Governor of the Province, Dr. Angel Duarte
Valverde, and with the
Chief Justice of the Provincial Supreme Court, Dr. Cristóbal
Orellana, as well as
with other officials of the Guayas
Province. The members of
the delegation met with representatives of the Ecuadorean Human Rights
Defense Front (FEDHU), and the Service for Peace and Justice (SERPAJ). Another
delegation travelled to the interior of the country, and visited various
points beginning in Lago
Agrio, continuing to
Shushufindi, and ending in Coca. This delegation inspected a number of
oil production facilities and well wastepits, their impact on the local
environment, and the resulting effect on the local population. It met
with representatives of the Cofan, Siona-Secoya, Shuar, Achuar, Quichua
and Huaorani peoples, as
well as with representatives of the Amazonian Defense Front, the
Federation of Communities, the Parliament of Indigenous Nationalities of
the Ecuadorean Amazon (FCUNIAE), the Francisco de Orellana
Human Rights Commission,
campesinos
from the
organization La Delicia
and the locality of Primavera,
and with representatives
of the Carmelite and Capuchin Missions. The
information gathered from these meetings with governmental and
nongovernmental representatives of Ecuadorean society has been highly
valuable in preparing this report. The Commission has made reference to
the various types of information received in preparation for, during and
after its observation in loco, in
accordance with the regulations which govern its work. In keeping with
the practice of the Commission, documentary materials and individual
petitions received during the on site visit have been duly processed
following the applicable rules. The information provided by the
Ecuadorean Government has been very useful, and the Commission has
reviewed with attention the official documents and legal materials
provided during the visit. The Commission remains appreciative of the
facilities provided by the Government of Ecuador, and acknowledges the
cooperation of its authorities and of the people of the country, all of
which enabled the Commission to carry out its work. Consequently,
this report examines the human rights situation in Ecuador in light of
the information and documentation compiled through the Commission's
normal procedures, as well as in light of the insights and extensive
data gathered during its on site visit. The impressions formed and
information received during that visit, necessarily preliminary in
nature, have been subjected to detailed research and analysis in order
to present this special report. The Commission's on site visit to
Ecuador provided an opportunity for it to further develop its
relationship with the governmental and non-governmental sectors working
in favor of human rights, thereby strengthening its ability to work with
these sectors to continue advancing the promotion and protection of
these rights.
The
"Report on the Situation of Human Rights in Ecuador" was
approved by the Commission on October 18, 1996, during its 93rd regular
session. In accordance with Article 62 of the Commission's Regulations,
the report was transmitted to the Government of Ecuador on November 27,
1996, with a request that it submit the observations deemed pertinent
within a period of three months. On February 25, 1997, the Government
requested a one month extension of the time in which to submit its
response, given that it was in the midst of a period of transition under
the new President, Dr. Fabián Alarcón
Rivera. The
Government presented a comprehensive set of observations in relation to
the report by means of a communication dated March 19, 1997. It also
noted the recent appointment of Ambassador José
Ayala Lasso as Foreign
Minister, and Economist César
Verduga as Minister of
Government. The Government indicated that the report had been analyzed
in great detail, and that it valued the contents, conclusions, and
recommendations offered, which would constitute an important element
inits efforts to improve certain mechanisms and consolidate others
devoted to the realization of human rights in the country. The
Government recognized the objective character of the report,: and
indicated that its observations were presented in order to provide the
Commission with additional information about certain positive measures
referred to in the report. The Commission has studied these
observations, incorporated a number of them into thee sections to. which
they correspond, and approved the definitive version of this report. The Commission values the positive and constructive attitude reflected in the observations submitted by the Government of Ecuador, and the openness with which the, latter is addressing certain deficiencies which affect the ability of the country's inhabitants to fully enjoy their rights and freedoms. Accordingly, in the exercise of its mandate and in the spirit of collaboration, the Commission presents this special report with its corresponding recommendations, and reiterates its willingness to work with the authorities of Ecuador in order to, strengthen the promotion and protection of human rights in the country. The Commission hopes the positive initiatives referred to in this report will be complemented by additional measures to implement the recommendations offered in favor of consolidating human rights protection. [ Table of Contents | Previous | Next ] |