later: Mr. DIACONU
Consideration of reports, comments and information submitted by States parties under article 9 of the Convention (continued)
Eighth periodic report of Sudan (continued)
Eleventh and twelfth periodic reports of Ecuador
CONSIDERATION OF REPORTS, COMMENTS AND INFORMATION SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION (agenda item 4) (continued)
Eighth periodic report of Sudan (CERD/C/222/Add.1) (continued)
1. At the invitation of the Chairman, Mr. Elmufti (Sudan) took a place at the Committee table.
2. Mr. van BOVEN thanked the delegation of Sudan for its cooperation with the Committee. The representative had admitted that human rights violations did take place in his country and had reiterated the Government's determination to bring them to an end. It would need the Committee's close attention and support in that task. It would be helpful if the Committee could have a copy of the report of the committee of judicial inquiry to which the representative had referred, once it had been published.
3. In his earlier questions to the Sudanese representative, he had referred to a report which had been prepared by a committee of experts of the International Labour Organisation and which alleged that the Government had allowed unofficial militia groups to keep property gained through looting and to hold slaves, whom they sold for between $30 and $60 each. Apparently, the Government of Sudan had not yet commented on that report and he hoped that it would do so soon.
4. He had also commented on the 1989 revolution in Sudan and had understood that the Sudanese representative had considered his comments to have been expressed in unsuitable terms. He had merely intended to stress the fact that, even during a time of revolution, there were certain basic human rights standards which could never be abandoned, such as the right to life and the prohibition of torture. Article 4 of the International Covenant on Civil and Political Rights listed the articles embodying those basic rights which could not be suspended under any circumstances. Even if a State did derogate from some of its obligations under international instruments, it should not take measures which involved discrimination solely on the grounds of race or a number of other criteria (art. 4 (1) of the Covenant). That was an area which indisputably came within the Committee's terms of reference.
5. Mr. ELMUFTI (Sudan) said that he had not intended to call Mr. Van Boven's comments "unsuitable"; a problem of interpretation must be responsible for the misunderstanding.
6. The Committee had asked about the rebel movements in Sudan. When the present Government had taken power in 1989, there had been only one rebel movement, but it had subsequently split into three rival factions, which squabbled endlessly among themselves. For that reason, it had not yet been possible to bring the Government and the three factions together at the negotiating table. However, the Government was willing to grant some kind of power-sharing arrangement, possibly taking the form of a federal structure.
7. There had been a question about the Government's alleged refusal to allow international organizations to visit the Nuba mountains in the central province of Kordofan. In fact, a representative of the United Nations High Commissioner for Refugees had visited the area to see the situation for himself. The Government had not yet set up a commission to investigate alleged human rights violations in the area, partly because it was waiting to see whether the Commission on Human Rights would appoint a Special Rapporteur on Sudan, with whom the Government wished to cooperate fully.
8. One member had expressed disappointment at the Sudanese delegation's reaction to the Commission on Human Rights draft resolution on the situation in Sudan (E/CN.4/1993/L.32). His delegation had not intended to criticize the system for the monitoring of human rights situations in various countries; he had merely pointed out that, in the case in question, the United Nations was not abiding by the system which it had itself adopted, by refusing to take account of the comments of the Sudanese Government.
9. There had been a question about the Government's commitment to democracy. The Government was fully committed to democracy and considered that nothing justified abuses of the people's fundamental human rights. However, the situation which had prevailed in the country in 1989 could have been resolved only by the intervention of the armed forces; the Government was now moving back towards a democratic system as quickly as possible.
10. Replying to a question about arbitrary arrest and summary executions, he said that the Government had already submitted a great deal of information on that subject to various United Nations bodies. He could, however, cite a number of recent cases. In one case, 24 criminal charges had been lodged against 13 officers of the security forces. One officer had already been tried and sentenced to death in central Sudan; the sentence was awaiting confirmation by the Supreme Court. In western Sudan, four senior army officers and one senior police officer were awaiting trial on charges of carrying out summary executions. He could provide more information about those cases if the Committee wished, but they proved that the Government was taking action to curb human rights abuses.
11. Mr. Aboul-Nasr had asked about the penalties for offences of racial discrimination. Such offences could be punished by imprisonment for up to two years, a fine or both.
12. The human rights commission for which he worked in Sudan had not yet received the 1992 report of the Committee of Experts of the International Labour Organisation containing allegations of slavery in Sudan. When it had received the report, it would respond in detail. The commission had been set up in October 1992 to receive, investigate and reply to comments and allegations on human rights issues from the international community.
13. International standards condemning racial discrimination and torture were fully respected in Sudan. Mr. van Boven had asked about possible conflicts between international standards and Islamic Shariah law in Sudanese legislation: the only possible problem he knew about was the current debate about the interpretation of the concept of cruel or inhumane punishment, which, it was argued in Sudan, might be understood to exclude punishments specifically laid down by God for Muslims or members of other religions.
14. The CHAIRMAN thanked the Sudanese representative for his answers and said that the Committee had now concluded its consideration of the eighth periodic report. Mrs. Sadiq Ali would draw up concluding observations in the light of the debate which had taken place and submit them to the Committee for approval.
15. Mr. Elmufti (Sudan) withdrew.
16. Mr. Diaconu took the Chair.
Eleventh and twelfth periodic reports of Ecuador (CERD/C/197/Add.9; CERD/C/226/Add.1; HRI/CORE/1/Add.7; CCPR/C/58/Add.9)
17. At the invitation of the Chairman, Mr. Pinoargote Cevallos (Ecuador) took a place at the Committee table.
18. Mr. PINOARGOTE CEVALLOS (Ecuador), introducing his country's eleventh and twelfth periodic reports (CERD/C/197/Add.9 and CERD/C/226/Add.1) and the background information contained in document HRI/CORE/1/Add.7, said he hoped that the reports would help to answer the questions which had remained outstanding from previous periodic reports. There was no systematic racial discrimination in Ecuador; the inequalities which did exist were the result of the social, economic and structural problems encountered by all developing countries. Ecuadorian society was not perfect, but the Government was aware of the problems and was constantly trying to improve legislation and combat inequality. It would take the advice and comments of the Committee in the best possible spirit.
19. The reports covered issues of particular interest to the Committee, such as the constitutional and legal provisions dealing with racial discrimination, and details of the main indigenous groups, including their relations with the State, land distribution programmes and other special government measures. They also covered equality before the courts, political rights, health services and employment programmes, the remedies available to victims of discrimination, educational and cultural programmes and statistics from the latest population census. The National Development Plan, as referred to in paragraph 2 of the twelfth report, was a particularly important instrument, since more emphasis was placed on planning now than in the past. It came under the authority of the Vice-President and was authorized by presidential decree. It was binding on the public sector.
20. One of the main obstacles to the implementation of the National Development Plan was the influence of external factors on the economy. Approximately 30 per cent of the State budget went to pay off Ecuador's foreign debts. Ecuador did not receive large amounts of multilateral or bilateral assistance and those projects which were authorized were not generally such as to benefit the poorest sectors of society. A number of rural development projects promoted by the Government over the previous 10 years had received external support only from the International Fund for Agricultural Development (IFAD); other potential donors had refused to contribute funds unless Ecuador introduced structural reforms and other harsh measures which would have been disastrous for the poorest sectors. In such a situation, the pace of development was bound to be slow.
21. The Ecuadorian Government was not trying to shirk its responsibilities; he was merely pointing out some of the difficulties which the country faced despite its real commitment to human rights. Ecuador was one of the few countries which was up to date in the submission of its reports to the Committee and he looked forward to hearing the members' comments and questions.
22. Mr. WOLFRUM (Country Rapporteur) congratulated the representative of Ecuador on the excellent eleventh and twelfth reports, both of which complied with the Committee's guidelines. In assessing them, he would refer to the equally excellent third periodic report of Ecuador to the Human Rights Committee (CCPR/C/58/Add.9).
23. The reports emphasized that Ecuador was a multi-ethnic and multi-cultural society and that the State was endeavouring, through the National Development Plan, to promote the groups and cultures which were contributing to the creation of a national identity. The reports listed a number of legal and constitutional provisions designed to prohibit racial discrimination and to ensure that human rights and fundamental freedoms were promoted and protected in all spheres of national life.
24. Statistics on the demographic composition of Ecuador were given in annex 1 to the eleventh report. The most recent census had been conducted in November 1990: as he understood it, that census gave no information on the ethnic composition of the country and, to that extent, fell short of the Committee's expectations.
25. Concerning article 2 of the Convention, reference was made to the penalties provided in the Penal Code for participating in organizations or activities which promoted or incited racial discrimination, but nothing was said about actual practice in that regard. Had there been any court ruling on the basis of the provisions in question? The representative of Ecuador had suggested that in fact no racial discrimination existed in the country, but he himself doubted whether that was true of any country in the world.
26. Paragraph 14 of the twelfth report stated that the National Development Plan aimed to foster the participation of indigenous populations in political life. He would like to know what percentage of members of Parliament were in fact members of indigenous communities. The report further stated that one of the objectives of the Plan was to "overcome any remaining discrimination against popular cultural characteristics that contributed to the achievement of national identity". That phrase seemed to imply that, at least until recently, some degree of discrimination had existed.
27. According to Ecuador's third periodic report to the Human Rights Committee, indigenous languages were the main languages of instruction in schools in areas where the population was predominantly indigenous. He would appreciate further information on that point. What was meant by "predominantly" - 30, 40, or 50 per cent? It would be interesting to know to what extent children in such areas also received instruction in Spanish, since they would otherwise have difficulty in integrating into the social and economic life of Ecuador.
28. While the objectives of the National Plan seemed to comply fully with article 2 (2) of the Convention, he would like to know whether the words "indigenous nationalities" covered only those groups mentioned in annex 1 to the eleventh report or whether other groups existed. How was an individual identified as belonging to a given minority? In paragraph 13 of the eleventh report, what was meant by the words "popular cultural characteristics"?
29. According to paragraph 15 of the eleventh report, the Government had already begun to legalize the title of 70 indigenous communities to land in the Amazonian and coastal areas and more than 1 million hectares were to be distributed among 3,159 families. The report to the Human Rights Committee stated that, due to the fear that the indigenous communities in the Amazonian region might be adversely affected as a result of the ecological deterioration of the area, mechanisms had been set up to find production and development alternatives. That statement called for some further explanation.
30. According to paragraph 21 of the eleventh report, the Quechua community had numerous organizations to protect its interests: who had set up those organizations, what was their relationship to the Quechua communities and how were those communities organized? Was the title to land held by communities, families or individuals? The same questions were applicable to the other ethnic groups referred to in the report. It was stated that the Quechua now lived in areas formerly inhabited by others: did they have a friendly relationship with other ethnic communities? It was also stated that Awá land had been recognized in the form of an "ethnobiological reserve": the concept of such a reserve would seem to be unique among Latin American countries and he would appreciate more information on the point.
31. Paragraph 14 of the eleventh report stated that plans of action regarding ethnic groups were designed to "enhance the national identity", whereas article 2 (2) of the Convention envisaged protection of such groups for their own sake. That might not necessary be a contradiction, but there did seem to be a discrepancy between the two approaches.
32. Paragraph 43 of the twelfth report stated that contracts for economic projects, notably for the exploration and development of hydrocarbons, ensured respect for the cultural values of native populations. How was such respect guaranteed in practice?
33. Although such plans of action were impressive, he noted that, according to Ecuador's report to the Human Rights Committee, Ecuador had in 1991 experienced the biggest uprising of indigenous peoples in its history. Indians from six different provinces had rioted, blocked roads and occupied land. The Committee would be interested to hear more about those incidents and about the action taken by the Government. Again, in April 1992, 4,000 Indians from the Quechua, Huwia, Achnar and Zaparo communities in the province of Pastaza had demanded that 2 million hectares of land in the Amazon region should be ceded to the 20,000 Indians living in the area and had called for changes in the Constitution. The Government had decided to grant them title to 1 million hectares; was that in addition to the grant referred to in paragraph 15 of the eleventh report? It would seem that that grant did not include a title to mineral resources, including hydrocarbons. To what extent did the indigenous communities profit from the exploitation of hydrocarbons in the Amazon region and, without rights to profit from economic development, what benefits did they derive from their land?
34. While article 14 of the Constitution of Ecuador guaranteed aliens the same rights as Ecuadorians, he had some misgivings about article 9 of the Constitution, which appeared to differentiate between Spaniards and Ibero-Americans, on the one hand, and all other aliens, on the other. He would appreciate clarification on that point. The Government should also provide information about the number of aliens living in Ecuador and how the privileges accorded them were guaranteed.
35. With regard to the implementation of article 3 of the Convention, the reports stressed that Ecuador had no diplomatic, consular or economic relations with South Africa. Concerning article 4 of the Convention, it was stated that the Ecuadorian legal system gave precedence first to the Constitution, then to legislation deriving from international instruments and lastly to internal laws. It would be of interest to the Committee to know whether that order of precedence had any impact on court rulings, and whether a court had declared any internal law void because it was not in conformity with international law. In the report to the Human Rights Committee, it was stated that amendments to the Penal Code were under consideration; he would like to know what kind of amendments were envisaged.
36. The Constitution of Ecuador guaranteed to all those subject to its jurisdiction the free and effective exercise and enjoyment of all the rights enunciated in declarations, covenants, agreements and other international instruments to which it was a party - a very far-reaching provision. While such constitutional guarantees were important, it was equally important for the Committee to know how they were implemented in practice and, on that point, none of the reports gave much information. It would seem, for example, that, despite the protection they enjoyed, indigenous communities had been expelled from their land in the province of Imambura and it was alleged that paramilitary groups in the area were operating against those communities with the acquiescence of the Government. Could the representative of Ecuador comment on that allegation?
37. In the context of article 5 of the Convention, article 19 of the Constitution of Ecuador guaranteed equality before the law and prohibited discrimination of any kind. In that connection, it would be of interest to learn more about the health care system for rural communities established in 1968. Reference had also been made to the Ad Hoc Commission on Human Rights, which had the task of investigating complaints of human rights violations and of instituting proceedings against those found guilty of such violations; it would be helpful if the Government could, in its next report, provide information on when that Commission had been established and on its current activities.
38. He had been surprised to note that, where the right to vote was concerned, an exception was made for illiterates: when asked to comment on that point in the Human Rights Committee, the representative of Ecuador had said that liberal elements in society had opposed giving illiterates the vote because they tended to come from indigenous communities and would thus be easily manipulated. That statement called for some explanation. One of the requirements of the Political Parties Act was that, in order to be recognized, parties had to have a nationwide organization and the number of members specified by law. Did that exclude political parties restricted to certain districts and thus any parties that might be formed by indigenous groups?
39. In connection with article 6 of the Convention, he was interested to note from the report to the Human Rights Committee that the very few cases involving missing persons or improper treatment of detainees had been investigated and punished. However, he would appreciate more information, in particular on the role of Ecuador's Ad Hoc Commission on Human Rights in that regard. In February 1990, the Government had set up an international ad hoc committee to investigate a still unsolved case involving the disappearance of two persons: following that committee's report, the Criminal Investigation Service had been dismantled and a number of police officers arrested. There, too, the Committee would welcome further details. It had been alleged that torture was still practised in prisons in Ecuador and, in particular, that an indigenous community leader, José Maria Cabascango, had suffered ill-treatment. Could the representative comment on that allegation?
40. Finally, where article 7 of the Constitution was concerned, the reports confined themselves to general references to the Government's plans of action. He would welcome more detailed information.
41. Mr. FERRERO COSTA, referring to the core document forming an integral part of the report of Ecuador (HRI/CORE/1/Add.7), said that he wished to register a formal protest with regard to paragraph 9 of that document, which stated: "In 1941 Ecuador was attacked by Peru and as a result lost almost half its territory. It was in those circumstances that the Rio de Janeiro Protocol was signed on 29 January 1942."
42. In his capacity both as an independent expert and as a professor of international law of Peruvian nationality, he wished to state that Ecuador had not been attacked by Peru in 1941 and had not lost half its territory. On the contrary, the war of 1941 had been waged solely in order to enable Peru to retain a territory to which it had full legal title and of which it had until then enjoyed uninterrupted possession. The Rio de Janeiro Protocol of 1942 was an entirely valid treaty, under which the borders between the two countries were delineated in perpetuity.
43. His statement was made purely for purposes of clarification and he had no wish to engage in a debate with the representative of Ecuador, since the matter was not within the Committee's competence or indeed within that of any United Nations human rights bodies.
44. Mr. DE GOUTTES congratulated the delegation of Ecuador on the quality of its twelfth periodic report and the interesting details it contained, particularly on indigenous communities.
45. Despite the Government's efforts to protect those communities and to give them land, the problem of uprisings and the violent action taken against them by certain landowners could not be ignored. In its 1992 report, Amnesty International had stated that land-related conflicts had involved violent clashes between indigenous communities and paramilitary groups acting on behalf of landowners. The report also claimed that, in April 1992, the Ministry of the Interior had stated that the Government planned to investigate acts by paramilitary groups, which were accused of operating illegally. He wished to know how far the inquiry had gone and what measures had been taken by the Government to provide better protection for indigenous populations against such intimidation and coercion.
46. According to paragraph 59 of the twelfth report, article 48 of the Constitution stated that property constituted a right recognized and guaranteed by the State for the organization of its economy as long as it fulfilled its social function. That social function should have the result of increasing and distributing income in such a way as to enable the population as a whole to share the benefits of wealth and development. He would appreciate further details on the social function of property and, in particular, on the extent to which article 48 of the Constitution applied to large landowners.
47. In connection with article 6 of the Convention, article 19 (j) of the Constitution, as referred to in paragraph 70 of the twelfth report, provided that any person who considered that he had been illegally deprived of his freedom might avail himself of the remedy of habeas corpus before the Mayor or President of the Council, who could order the person's immediate release were there enough guarantees of the impartiality and independence of elected or administrative authorities for them to be able to decide whether or not a person should be released? Would it not be better for an application for release to be submitted to a real judge or judicial body? He would have liked to have some statistical data on any remedies available in the courts for acts of racism. Information on sentences handed down in connection with such acts and on whether complaints about such acts had been brought before the Inter-American Commission on Human Rights would be appreciated.
48. Mr. ABOUL-NASR welcomed the detailed information provided in Ecuador's reports and in its earlier reports and, in particular, the statement by the representative of Ecuador that no country could claim to be perfect in the field of human rights.
49. With reference to the indigenous uprisings in 1990 and the fruitful dialogue subsequently established with the leaders of the indigenous communities, he asked what demands those groups had made during that dialogue, and, if they had related to land, how much was involved? What had they been given as a result of the dialogue, what were they likely to get in future and which of their demands would be impossible to meet?
50. Mr. LECHUGA HEVIA asked whether, when land was given to indigenous peoples, technical assistance, loans, tools and any other infrastructure were also given. Without such additional assistance, the granting of land was impractical and would encourage attacks by larger landowners; adequate Government protection was therefore essential to ensure that the indigenous populations were able to keep their land.
51. Paragraph 24 of the twelfth report stated that the normal development of the Cofánes' cultural activities had been hampered by the fact that their communes were split up by land settlements. He asked what cultural activities had been hampered and whether the problem had been solved.
52. Mr. BANTON congratulated the Government of Ecuador on the timely submission of its reports and its commitment to the achievement of the objectives of the Convention.
53. The frequent references in the reports to conflicts between individuals and organizations representing indigenous peoples, on the one hand, and colonists and agents of big companies, on the other, gave rise to doubts about the authorities' ability to settle those conflicts and protect the protesters' rights. On 20 November 1986, for example, the Puyo centre of the Confederation of Indigenous Nationalities of Ecuadorian Amazon in (CONFENAIE) had been burned by local people hostile to them. In addition, problems in the coastal region were said to derive from African palm exploitation, which had led to pollution and the introduction of new diseases.
54. Paragraphs 43 to 45 of the eleventh report referred to the laws governing prospecting, exploration and exploitation of natural resources in new areas, but said nothing about how those laws were being implemented. He therefore asked what role indigenous organizations could play in seeing that the laws were observed, whether they were consulted about the terms on which permission was given to applicants and what arrangements had been made for the payment of compensation to persons whose livelihood was jeopardized by new industries.
55. In paragraphs 22 to 26 of the eleventh report, it was stated that, in January 1988, a group of Cofánes had blocked a road being built by Texaco in order to present their demands for compensation, but had received no reply. In 1987 several Amazon leaders had been imprisoned and indigenous leaders now considered it dangerous to be conspicuous. Similar explorations also affected the Siona and Secoya, referred to in paragraphs 27 and 28 of the eleventh report.
56. With regard to the reference in paragraph 49 of the twelfth report to the new human settlements in the Amazonian region, he asked which group was concerned and what demands and problems had resulted from those settlements. That paragraph also referred to the Community Development Fund which had been set up to meet the needs of those settlements, but he would like information on the wants of the groups living in that region, which might be totally different from what some official body had decided their needs were. He also asked for further details about any consultations that might have been held on the possibilities of meeting those wants and, in particular, on compensation.
57. Paragraphs 29 to 33 of the eleventh report referred to the Government's recognition of the land rights of the Huaorani. It had been claimed that the Huaoranis themselves had demarcated their land with the assistance of CONFENIAE, but neither that body nor the Confederation of Indigenous Nationalities of Ecuador (CONAIE) had been invited to the ceremony in which the new land titles had been handed over by the President of Ecuador. In 1990, the Government had opened up 1.4 million hectares of the Amazon region to oil prospecting. That area included the National Yasuni Park, which UNESCO had declared a "reserve zone for the biosphere". CONFENAIE had apparently warned oil companies to consult it before starting exploration and such reports suggested that the Government might fail to appreciate the value of indigenous organizations and was perhaps too easily irritated by the way in which they presented their case.
58. It had also been reported that, in early 1989, there had been a Federation of Shuar-Achuar Centres, as referred to in paragraphs 34 to 37 of the eleventh report, but the Government had established an alternative federation in Zamora. He wished to know whether that had had something to do with the division between the Amazonian and Coastal regions. In view of the reference to superior "organizational capacity" in paragraph 34, he asked what the objection had been to the previous Federation. Did the Government take a different view than the regional directors of the Ecuadorian Institute for Agrarian Reform and Colonization (IERAC) about the buying and selling of communal lands, which appeared to be at the heart of the dispute?
59. It had been claimed that, in June 1990, Indian groups from eight Sierra provinces between Imambura and Canar had participated in what had been described as the "first uprising of indigenous peoples". He was surprised that neither of the reports had mentioned that uprising.
60. On 14 December 1990, a delegation of indigenous peoples from Ecuador had requested the European Community to restrain its member States from resource extraction in indigenous territories. CONFENAIE had described the contamination of water supplies and the introduction of malaria and poliomyelitis that had resulted from such extraction. The serious economic problems thus created might be expected to give rise to ethnic tensions.
61. In December 1990, indigenous organizations had announced that they were unwilling to continue their dialogue with the Government because there had been no action on the 16 demands they had submitted earlier. One of those demands had been that Quechua should be recognized as an official language.
62. The Summer Institute of Linguists had apparently been required to cease its operations in Ecuador in 1981, but there were fears that it might be allowed to return. It appeared from reports that great vigilance was needed with regard to that Institute and he requested more up-to-date information on any changes that had taken place in the 1981 policy.
63. The Human Rights Committee had requested information on the protection of rights under articles 25 and 27 of the International Covenant on Civil and Political Rights. He hoped that the Committee on the Elimination of Racial Discrimination would be able to benefit from any information made available.
64. Referring to article 6 of the Convention, he said that remedies on paper might be effective if a complainant had a lawyer and had instituted proceedings, but he wondered what criteria existed for effectiveness in dealing with the circumstances which gave rise to complaints, what action was available to persons who could not afford to hire a lawyer, and what grounds the Government had for thinking that those remedies were effective.
65. In connection with paragraphs 14 and 15 of the twelfth report, he drew attention to article 2 (1) of the Convention, in which States undertook to pursue a policy of eliminating racial discrimination. Although policies would vary in relation to different situations in different countries, they might be expected to have some common features. He asked whether the representative of Ecuador would agree that, as minimum conditions, a State's policy should be written; brought to the attention of those for whom its protection was intended; and made known to those responsible for its implementation, which should be reviewed periodically in the light of experience and changed as necessary. How far was Ecuador able to meet those minimum conditions?
66. According to paragraph 14 of the eleventh report, Ecuador's first policy objective was to strengthen the country's national identity. The second was to ensure recognition of its multi-ethnic and multi-cultural character. It would be useful if Ecuador's next report could explain what was meant by "multi-cultural" in that particular context. He also wished to know what was meant by the term "integrated management" in paragraph 15 (d) and whether it was similar to Colombia's policy of self-administration in what were probably similar territories.
67. It was his understanding, although there was scant information on the subject in the report, that many persons of Indian origin had moved to cities and would not benefit from the kinds of programmes which had been established for indigenous areas. The Government might therefore have to adopt a policy for eliminating any discrimination which such persons might experience. Such discrimination might result from a mixture of ethnic and class factors and would give rise to practices which the Committee would regard as being covered by the definition of racial discrimination contained in the Convention.
68. He requested further information on University students of Indian origin, whether they wore Indian dress and formed groups to discuss the indigenous contribution to Ecuador's national identity and whether there was any process by which the new philosophies and ideas developed by those groups were then transferred back to indigenous areas.
69. Mrs. SADIQ ALI asked whether the revision of the Constitution and the Penal Code had been completed.
70. The Pastaza Indigenous People's Organization was calling on the Government of Ecuador to amend article 1 of the Constitution to read: "Ecuador is a plurinational, sovereign, independent, democratic and unified State which recognizes, protects and respects cultural diversity". Since most Latin American countries had either reformed or were in the process of reforming their Constitutions to recognize and protect the rights of indigenous peoples and since such peoples accounted for nearly 50 per cent of the total Latin American population, she asked whether Ecuador was also moving in that direction and how indigenous people were represented in local bodies and in Parliament.
71. It would be appreciated if future demographic data could be included in the body of the report instead of being annexed separately.
72. She also requested further clarification of the reference to "indigenous languages" in paragraph 16 of the core document.
73. Although a great deal of information had been provided on constitutional guarantees, there was little information to help the Committee understand the impact of socio-economic policies on the weaker sectors of the population, especially indigenous peoples and blacks who lived in rural areas and who numbered some 5 million. Social indicators would help to show that the status of those peoples had improved, particularly as far as the matters dealt with in paragraphs 57 to 63 of the eleventh report were concerned. She asked for details of the rural education system and how it compared in terms of the funds allocated for white or white-mestizo students from the middle and upper classes. Did the Government continue to provide large subsidies for State universities at the expense of primary education and had the budget for the bilingual education system for indigenous peoples been significantly reduced in 1991?
74. Reference had already been made to the nationwide protest demonstrations staged by the indigenous populations in June 1990 and the 16-point manifesto submitted to the Government demanding additional land and other socio-economic programmes, as well as to the demand made in April 1991 for the legalization of traditional indigenous territories. She wished to know which those traditional territories were and what the result of those negotiations had been.
75. In April 1990, more than 200 persons belonging to Ecuadorian ecological groups had protested against the establishment of a new international oil location in the Amazon region inhabited by the Shuar community. Since 1970, when Ecuador had first started to exploit its oil resources, over 12 million acres of Amazon rain forest had been turned over to transnational oil corporations and some 400,000 barrels of crude oil were reported to have spilled into the Amazon river, causing illness and poverty. Children were severely affected by skin diseases and polluted water was directly responsible for chronic diarrhoea and intestinal ailments, and indirectly for malnutrition. In many rivers and lakes, fishing was no longer possible. In order to protect themselves physically and culturally, many indigenous peoples were said to be moving deeper into the jungle and some were reported to be moving to neighbouring Peru. Nothing had been said in Ecuador's reports about the health problems of the indigenous peoples. Was Ecuador moving ahead with international oil exploration?
76. In September 1991, it had been reported that a new assembly of the Confederation of Indigenous Nationalities of Ecuador had decided to lay the foundations for the Constitution of the "Indian Parliament" and for improved discussions with the Government. That Confederation had also announced that it would not be taking part in the 1992 presidential elections. That showed just how alienated and dissatisfied the indigenous peoples were. She asked whether amnesty had been granted to the 1,000 indigenous leaders who had been imprisoned and whether Ecuador had ratified ILO Convention No. 169 on Indigenous and Tribal Peoples.
77. Mr. SONG Shuhua said that the twelfth report was on the whole a good one and richer in detail than Ecuador's eleventh report.
78. In order for the Committee to evaluate more fully the health and living conditions of indigenous peoples, it needed specific data on the birth, death and life expectancy rates of indigenous populations as compared with the population as a whole.
79. One of the strengths of the twelfth report was its detailed explanation of the Ecuadorian legal structure and, in particular, the way in which constitutional provisions had been given expression in law. Of particular relevance to the Committee was the section of the Ecuadorian Penal Code concerning offences relating to racial discrimination. At the same time, the picture provided in the report was one-dimensional: there were not enough concrete examples of exactly how victims of racial discrimination were protected by the legal system.
80. The report placed considerable emphasis on the exploitation of natural resources and environmental protection. While he appreciated the activities and programmes implemented in that field, he would like to have more detailed information on their effect on the cultural and social life of the indigenous populations, especially those living in the Amazon region. Such programmes did not appear to be of direct benefit to the populations whose lands were being used and no mention of their views on the subject had been included in the report.
81. Indigenous peoples were the most vulnerable population group in the country. He wished to know what remedies were available if previously allocated lands were repossessed at a later point.
82. Information would be welcome on any bilingual education systems for indigenous populations.
83. Mr. van BOVEN said that information relevant to the Committee's mandate was contained in paragraphs 51 and 52 of the core document, which indicated that Ecuador had an Indigenous Affairs Commission under the Presidency of the Republic and at least one non-governmental organization dealing specifically with indigenous affairs, the Confederation of Indigenous Nationalities of Ecuador.
84. The twelfth report reproduced some of the material already provided in the core document. However, since the twelfth report might well be distributed externally without the core document, it was understandable that it should repeat certain basic information.
85. It was always useful for the Committee to consult the proceedings of other treaty bodies. A good example was the consideration by the Human Rights Committee of reports of States parties; questions raised during its discussions were frequently relevant to the work of the Committee on the Elimination of All Forms of Racial Discrimination.
86. Ecuador's demographic structure made the issue of indigenous peoples a clear priority. In that connection, he wished to know whether and to what extent indigenous communities were involved in decision-making on questions of direct concern to them, such as land allocation and delimitation. It was in the interest of democracy that the peoples concerned should be consulted on such matters. He also wished to know whether the indigenous communities were self-governing and autonomous: did they have their own leaders? Were they represented at the national level?
87. He was grateful to the Government of Ecuador for stressing ecological development, which was a matter of great importance to indigenous peoples. Paragraphs 41 to 50 of the twelfth report provided valuable information on that topic, including the Government's decision to declare the 1990s as the Decade of Ecological Development and details on a number of environmental impact and assessment studies. He hoped that Ecuador would keep the Committee informed of the outcome of its programmes and studies. He also stressed the importance of proper monitoring by the State of environmental activities. Paragraph 45 referred to the Environmental Regulations issued by the National Environmental Department. Did violations of those regulations give rise to any sort of civil liability or criminal responsibility?
88. It would be useful for the Committee to have more detailed information on actual State practice in cases of racial discrimination, particularly cases covered by article 4 of the Convention. He noted with appreciation that Ecuador had made a declaration under article 14, although the Committee had thus far not received any communications concerning it. The Ecuadorian Human Rights had prepared a human rights manual; he wondered whether that manual included any information on the role of the Committee and, in particular, the remedy provided for in article 14.
89. Mr. YUTZIS said that the way in which the Ecuadorian Government dealt with the social and organizational processes of the indigenous peoples was crucial to their well-being. It would thus be useful for the Committee to have specific information on social and organizational development in indigenous communities.
90. Paragraphs 29 to 33 of the twelfth report provided basic information on the indigenous community of the Huaorani people. The first allocation of land to the Huaoranis had been made in April 1988 and the recognition of title had taken place two years later. In January 1991, a meeting concerning the topographic delimitation of Huaorani territories had been held between the Ecuadorian Institute for Agrarian Reform and Land Settlement (IERAC), the Organization of the Huaorani Nationality of the Ecuadorian Amazon (ONHAE), the Centre for Information on Tropical Forests (RIC) and Petroecuador. That meeting had also discussed support for the social and organizational process of the Huaorani people and, in that connection, he would appreciate more information on the practical implications for daily life. Past experience had shown that agrarian reform and land settlement could give rise to conflicts of interest. The Committee therefore wanted to keep a close watch on the outcome of those negotiations and any progress made.
91. Paragraph 49 of the twelfth report, dealing with the Tsáchila peoples pointed out that the new human settlements in the Amazonian region of Ecuador had given rise to a number of demands and problems, including those concerning relations between the new settlers and the indigenous populations and the impact of hydrocarbon activities. The issues raised in that paragraph were disturbing. The report was limited to stating that Petroecuador had made a series of contributions to community projects, including the Community Development Fund, which was designed to meet the needs of human settlements, both of indigenous peoples and others. Yet, the new human settlements themselves appeared to be giving rise to tensions and that was not clearly explained in the report. He would appreciate more detailed information on how that problem was being handled.
92. Land allocations had been made to the Cofánes peoples in 1978. More details on that process would also be welcome.
93. Mr. GARVALOV said that the twelfth report was well prepared; in that connection, he noted that, the better the report, the closer scrutiny it would receive from the Committee.
94. By frankly acknowledging that problems relating to indigenous groups did exist, the report raised a number of issues and, in that connection, he asked whether the term "indigenous groups", encompassed all the national minorities in the country.
95. He also wished to know whether, in its attempts to combat racial discrimination against indigenous peoples, the Ecuadorian Government was trying to provide those peoples with administrative autonomy on the basis of ethnic origin and whether, in addition to the rights provided for in articles 19, 32 and 33 of the Constitution of Ecuador, indigenous peoples were specifically entitled to the right to form political parties or associations based on ethnic origin.
96. Article 19 of the Constitution provided for the right to freedom of opinion and to expression of thought, as well as freedom of conscience and religion. In contrast, article 5 (d) (vii) of the Convention provided for the right to freedom of thought, conscience and religion. It appeared that, in Ecuador, expression of thought was linked to freedom of opinion, which was related more to political matters than to the expression of religious or other beliefs.
97. What was the actual scope of the set of civil rights ensured to indigenous populations? Article 18 of the International Covenant on Civil and Political Rights provided for the right to freedom of thought, conscience and religion. Article 1 of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, adopted by the General Assembly in 1981, provided that "Everyone shall have the right to freedom of thought, conscience and religion" and that "This right shall include freedom to have a religion or whatever belief of his choice". Did the indigenous peoples of Ecuador have the right to the belief of their choice or were they restricted under the Constitution to freedom of conscience and religion?