A/HRC/8/20
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extend their presence to other provinces. On combating torture, the delegation noted that the
ratification process of the Optional Protocol of CAT is underway and it is hoped that it will be soon
ratified by the National Constitutional Assembly. On the rights of indigenous peoples raised by a
number of speakers, the delegation noted that progress has been made towards recognition of the
practices of customary law, but emphasized that these must be consistent with due process and the
general principles of human rights. On the effectiveness of the action plans, the delegation noted
that they want to establish strict parameters to measure their implementation, which could then
become institutional policies. Regarding prison reform, the delegation referred to the need to
improve the functioning of the justice system and reported that in the past weeks, the Government
has moved to finance 20 new criminal courts to speed up judicial procedures. Furthermore, a public
criminal defence unit has been set up to ensure legal assistance to everybody and for cases to be
tried more speedily. The Government is also currently carrying out a comprehensive prison census,
which is to be constantly updated. The delegation noted the importance of setting up such a
databank in order to have updated information on the prisons immediately available. On the issue of
independence of the judiciary, the delegation noted that Ecuador had gone through the painful
experience of the 2004 crisis of the Supreme Court. This led to greater awareness in the country of
the need for the independence of the judiciary, which should be guaranteed from the outset of a
magistrate’s career and throughout all selection and appointment processes of judges and
magistrates. The Government intends to promote participation by society to guarantee greater
transparency in the selection processes. Regarding the law on access to information, the delegation
informed that Ecuador has a law on transparency of public information. All public institutions must
provide public information to anyone who requests it. This is a practice that has produced good
results. There is great commitment on the part of the Government as well as on the part of public
institutions to comply with this law. Regarding access to justice, the delegation noted that the
strategic programme of work of the Ministry of Justice and Human Rights is basically directed at
removing three barriers - namely geographic, economic and cultural barriers. There has been a
redistribution of courts in the country, so that these can be brought closer to the people and the
Government is setting up a national public defence unit to deal with criminal and civil matters. The
Government will also set up mediation centres as alternative methods for settlement of disputes,
which will bring dispute settlement close to the people. Ecuador is also promoting the justice of the
peace, an institution foreseen in the Constitution but never put into practice, for which it intends to
draw on a number of good regional practices in this regard, in particular from the neighbour country
Peru. As regards refugees, the Director-General of Human Rights and Social Affairs in the Ministry
for Foreign Affairs noted that Ecuador has carefully designed policies to promote social and
productive integration of those requesting refugee statuses. This involves inter-institutional
contingency plans that have been applied in cases of emergencies, for example massive
displacements from Colombia to Ecuador. For several years already, Ecuador also has a
non-discriminatory policy in areas of health, education and labour. All persons requesting refugee
status have a right to equal access to health and education centres and once refugee status is
granted, refugees can legally work in the country. Ecuador also has plans for social and community
integration, complying with the Mexico 2004 Plan of Action.
21. Cuba asked whether a deadline had been set for the achievement of universally available free
basic education.
22. Noting the progress Ecuador has made in the area of human rights, the Netherlands
recommended that follow-up on further advances regarding the penitentiary reform and the combat
of discrimination on any grounds be regularly provided to the Working Group.
23. Pakistan wished to gather additional information on measures taken for the protection of
Afro-Ecuadorian communities from racism and xenophobia.
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