A/HRC/45/44/Add.1
52.
Other emblematic cases were brought to the attention of the Working Group,
including cases of hate speech and State violence against Afro-Ecuadorians. One such case
was that of Michael Arce, a cadet at a police academy who was on the receiving end of
cruel, inhumane and degrading treatment, and racial discrimination from his police
instructor. This was the first case in Ecuador in which a person was convicted for the crime
of racial hatred. Another case, on the other hand, was that of Andrés Padilla, who was shot
dead by a member of the special operations unit of the National Police, in a control
operation that was carried out in the Mascarillas area in the Province of Imbabura: the
officer was punished with the minimum penalty (imprisonment for three years and four
months) for the crime of overreach in the execution of an act of service of members of the
armed forces and National Police.
53.
Another concern is racial profiling, the overrepresentation of people of African
descent in detention and human rights violations that they suffer in detention. The Working
Group visited the juvenile detention centre in Esmeraldas, where 90 per cent of detainees
were of African descent. The Working Group was deeply concerned by the lack of access
to legal aid, lack of access to clean water, inadequate food, insufficient recreation, poor
living conditions and lack of security.
54.
The Working Group was also informed about negative racial stereotypes and
stereotyping of people of African descent by the media. There is a need for increased public
education campaigns to address these concerns. Many interlocutors emphasized the
importance of education for combating racism.
B.
Disparities in access to education, health, housing and employment
55.
The Working Group noted that Afro-Ecuadorians face structural discrimination,
extreme poverty and disparities in access to education, health, housing and employment.
Afro-Ecuadorians, particularly those in the northern border areas, are at risk and are being
left behind. This was underlined by all interlocutors that the Working Group met during its
visit to Ecuador. 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.14
56.
According to official statistics, only 5 out of every 100 Afro-Ecuadorians over the
age of 24 years have attained higher education degrees in various professional disciplines.
Out of a total population of 511,146, only 26,748 Afro-Ecuadorians have a university
degree. Of this total of 26,748 Afro-Ecuadorian university professionals, only 11.6 per cent
(3,105) have obtained fourth-level or postgraduate degrees. In other words, out of an AfroEcuadorian population of 490,809 inhabitants aged of 25 years and over, only 3,105 have
obtained a fourth-level or postgraduate degree, representing less than 1 per cent (0.3 per
cent) of the total population. Between the 2001 and 2010 censuses, the number of AfroEcuadorian professionals who have obtained a fourth-level or postgraduate degree has
barely increased, by 0.1 per cent of 1 per cent.15
57.
The Working Group was informed by the Government during the visit that access to
education is free and inclusive, from the first year of primary school to the third year of
secondary school. Various strategies have been developed to reduce school dropout,
including involving the family and the educational community, as a result of which the
dropout rate fell from 8.1 per cent in 2010 to 4.4 per cent in 2015. Between 2007 and 2016,
net enrolment in primary education increased by 7 per cent for indigenous children, by 4.3
per cent for mestizo children and by 5.2 per cent for Afro-Ecuadorian children, while net
14
15
In accordance with international human rights obligations, while States may realize economic, social
and cultural rights progressively, they must also take immediate action, irrespective of the resources
that they have, in five areas: elimination of discrimination; economic, social and cultural rights not
subject to progressive realization; the obligation “to take steps”; non-retrogressive measures; and
minimum core obligations.
National Statistics and Census Institute, Las cifras del pueblo Afroecuatoriano, p. 58.
11
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