A/HRC/45/44/Add.1
the Provinces of Esmeraldas, Guayas and Manabí, with a combined total of 64.2 per cent.
Pichincha Province follows, in the Sierra region, with 11.2 per cent. Of this population, 7.1
per cent reside in urban areas and 29 per cent in rural areas. The province with the largest
urban Afro-Ecuadorian population is Guayas (319,531 Afro-Ecuadorian inhabitants),
followed by Esmeraldas (135,190 inhabitants). The Provinces of Pichincha and Manabí
have an average of between 58,000 and 83,000 Afro-Ecuadorian inhabitants in urban areas.
The province with the largest Afro-Ecuadorian population in rural areas is Esmeraldas
(99,321 inhabitants), followed by Manabí (23,524), Guayas (32,546) and Pichincha
(33,941). According to the 2010 census, the vast majority of the Afro-Ecuadorian
population is under the age of 30 years. Civil society estimates that the proportion of AfroEcuadorians is now closer to 10 per cent of the population. The Government was preparing
for the next census, in 2020, and it will be important that people of African descent are
included at all stages of the preparations and implementation to obtain accurate results.
III. Legal framework and steps taken for the protection of the
human rights of people of African descent
A.
Legal framework
11.
Ecuador has demonstrated its commitment to human rights and ratified all major
international and regional human rights treaties. On 10 December 2019, Ecuador ratified
the Inter-American Convention against Racism, Racial Discrimination and Related Forms
of Intolerance.7 Ecuador is also signatory to the Andean Charter for the Promotion and
Protection of Human Rights, of 2002, which promotes Andean unity based on the
recognition of the diversity of the signatories’ territories, peoples, ethnic groups and
cultures, with the firm belief that democracy, development and respect for human rights and
fundamental freedoms are interdependent and mutually reinforcing.
12.
The Constitution of 2008 is groundbreaking and contains specific provisions to
protect the human rights of people of African descent. It establishes that Ecuador is an
intercultural and multinational State. The Constitution recognizes the collective rights of
Afro-Ecuadorian peoples, as set forth in the Constitution, the law, and agreements,
conventions, declarations and other international human rights instruments. It also
establishes that all rights and guarantees contained in the Constitution and international
instruments are of direct and immediate application.
13.
The collective rights of indigenous, Afro-Ecuadorian and Montubio peoples (articles
1, 11, 56, 57, 58 and 59 of the Constitution) include freedom from racism or any form of
discrimination based on their origin or ethnic or cultural identity; recognition, reparation
and compensation for community groups affected by racism, xenophobia and other related
forms of intolerance and discrimination; keeping ownership, without being subject to a
statute of limitations, of their community lands, which are unalienable, immune from
seizure and indivisible, and exempt from payment of fees or taxes; keeping ownership of
ancestral lands and territories and obtaining allocation of these lands free of charge; and
participating in the use, usufruct, administration and conservation of natural renewable
resources located on their lands. The Constitution also covers the right of these peoples to
free prior informed consultation, within a reasonable period of time, on plans and
programmes for prospecting, exploiting and marketing non-renewable resources located on
their lands and which could have an environmental or cultural impact on them, and to
participate in the profits earned from such projects and to receive compensation for social,
cultural and environmental damages caused to them; such consultation must be conducted
by the competent authorities and must be mandatory and in due time, and if the consent of
the consulted community is not obtained, steps provided for by the Constitution and the law
must be taken. The Constitution also includes nature as a rights holder (art. 71).
7
4
Executive Decree No. 942. On 14 January 2020, Ecuador deposited the instrument of ratification to
the General Secretariat of the Organization of the American States.
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