A/HRC/13/59 B. Framework for the protection of the human rights of people of African descent 1. The international legal framework for the protection of the human rights of people of African descent 12. Ecuador has demonstrated its commitment to combating racism and discrimination by signing and ratifying a series of international conventions that deal with racism and discrimination: the International Covenant on Civil and Political Rights, the two Optional Protocols to the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. Ecuador also voted for the United Nations Declaration on the Rights of Indigenous Peoples. Regionally, Ecuador has also signed and ratified the American Convention on Human Rights and the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights. 13. In 2000, Ecuador adopted the United Nations Millennium Declaration containing the Millennium Development Goals (MDGs). The Government went on to develop the National Development Plan 2007–2010 to implement the MDGs, and this plan includes various provisions designed to improve the situation of the Afro-Ecuadorian population. Ecuador has also drawn upon the commitments and recommendations contained within the Durban Declaration and Programme of Action in formulating its National Development Plan 2007–2010, particularly as relates to the situation of people of African descent and the challenges that face them. 2. The national legal framework 14. Ecuador adopted a new Constitution in 2008 that contains many guarantees that advance the fight against racism and discrimination and promote the integration of minorities, such as people of African descent. Importantly, its first article affirms that the country is, among other characteristics, “intercultural and multinational”. Article 11 goes on to stipulate that “no one may be discriminated against for reason of ethnicity … cultural identity … [or] language” and that “the law will punish all forms of discrimination”. This same article also includes the important initiative that “the State will adopt measures of affirmative action that promote real equality in favour of rights holders that are in situations of disadvantage”. The Constitution also establishes that rights and guarantees contained in the Constitution and international instruments will be of direct and immediate application by, and before, all public servants. That the Afro-Ecuadorian people have collective rights is specifically established in article 58 of the Constitution: the article begins to characterize these rights, stating that communities, indigenous nationalities and peoples (among them the Afro-Ecuadorian people) have the right not to be subject to racism or any other form of discrimination based on their origin, ethnic identity or culture. Article 57 furthermore states that collectivities affected by racism, xenophobia and related forms of intolerance and discrimination have the right to the recognition of the violation and reparation. 15. The experts note that the Ecuadorian Penal Code includes provisions on hate crimes where a racist motivation for the perpetration of the crime is considered an aggravating factor. There is, however, no specific law devoted to non-discrimination. The Act on Collective rights of the Afro-Ecuadorian People was enacted in 2006, in which AfroEcuadorian communities are recognized as a people with economic, political, social, cultural, civil, territorial and collective rights. This law also creates the National Council for 6 GE.10-10207