A/HRC/45/44/Add.1
68.
Despite the progressive provisions of the Constitution, recognition of the
collective rights of people of African descent and the many positive measures referred
to above, the Working Group is deeply concerned about the human rights situation of
people of African descent in Ecuador.
69.
According to official statistics provided to the Working Group, from the
national survey on employment, unemployment and underemployment in 2019, only
45.5 per cent of the Afro-Ecuadorian population complete primary education and 23.6
per cent attend high school, and in terms of employment categories, 38.3 per cent are
employers or partners, 35 per cent are private employees, 8.63 per cent are selfemployed and 7.4 per cent are civil servants. The Government recognizes that, as
shown by the data, Afro-Ecuadorian people are in a vulnerable human rights
situation and that racial discrimination and social exclusion are visible in Ecuadorian
society, and it has taken steps to address concerns.
70.
Despite progress in some areas since the Working Group’s visit in 2009, many
of the same concerns were highlighted. The Working Group learned that there has not
yet been effective implementation and enforcement of laws and policy to protect the
rights of people of African descent. Afro-Ecuadorians continue to suffer racial
discrimination, particularly with regard to their access to justice, security, land, clean
water, education, health care, housing and economic opportunity.
71.
There is a need for greater attention and resources for development
programmes to address inequality and poverty through affirmative action and special
measures for people of African descent specifically. Ecuador must take steps to
respect, protect and fulfil economic, social and cultural rights and take immediate
action irrespective of resources to guarantee their enjoyment without discrimination.
72.
The Working Group is deeply concerned by the activities of extractive
industries, and the lack of monitoring and sanctions of these industries by the State. It
is a situation of environmental racism due to the systematic contamination of water
and the environment, threats and intimidation of communities and insufficient efforts
by the State to avoid, punish and repair such degradation. The State should not
remain indifferent to the abuses and human rights violations carried out by these
companies. Afro-Ecuadorians in particular have been seriously hurt by the significant
environmental harm that endangers the lives of communities.
73.
The Working Group is deeply concerned by the racialized criminalization of
human rights defenders and people of African descent as a strategy to suppress or
even to eliminate opposition to extractive projects.
74.
Despite the constitutional guarantee of the right to territory, Afro-Ecuadorians
complain that thousands of hectares of ancestral lands have been given to extractive
industries.
75.
The Working Group expresses concern about the inaction by the State owing to
interference and lobbying by exporters and other groups and individuals seeking to
continue the operations of these industries. The Working Group also notes the
insufficient action on the part of the Ministry of the Environment and Water, the
Mining Regulation and Oversight Agency and the Ministry of Agriculture and
Livestock.
76.
The Working Group is deeply concerned by the reports of impunity and
ongoing violations of the human rights of plantation workers and their families by the
Japanese company Furukawa Plantaciones.
77.
The Working Group is concerned by the lack of access to justice for people of
African descent, and welcomes the commitment by the new judges to the
Constitutional Court to address the backlog of cases.
78.
There has been racial injustice, impunity, neglect and serious gaps in human
rights protection, and there is a need for greater inclusion and partnership with AfroEcuadorians to repair the historical damage and address the root causes of racial
discrimination. The strong legal and policy framework provides many opportunities
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