8/20 Report of the Working Group on the Universal Periodic Review: Ecuador

GE.08-13324 (E)

UNITED NATIONS

A

General Assembly Distr. GENERAL

A/HRC/8/20 13 May 2008

Original: ENGLISH

HUMAN RIGHTS COUNCIL Eighth session Agenda item 6

UNIVERSAL PERIODIC REVIEW

Report of the Working Group on the Universal Periodic Review

Ecuador *

_________________________

* Previously issued under document symbol A/HRC/WG.6/1/ECU/4; minor revisions have been added under the authority of the secretariat of the Human Rights Council, on the basis of editorial changes made by States through the ad referendum procedure.

CONTENTS Paragraphs Page

Introduction .................................................................................................... 1 - 4 3

I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS 5 - 59 3

A. Presentation by the State under review........................................... 5 - 10 3

B. Interactive dialogue and responses by the State under review ....... 11 - 59 5

II. CONCLUSIONS AND/OR RECOMMENDATIONS......................... 60 - 61 11

III. VOLUNTARY PLEDGES AND COMMITMENTS .......................... 62 12

Annex

Composition of the delegation............................................................................................... 13

Introduction

1. The Working Group on the Universal Periodic Review (UPR), established in accordance with Human Rights Council decision 5/1 of 18 June 2006, held its first session from 7 to 18 April 2008. The review of Ecuador was held at the second meeting held on 7 April 2008. The delegation of Ecuador was headed by H.E. Mr. Gustavo Jalkh, Minister of Justice and Human Rights. At its sixth meeting held on 9 April 2008, the Working Group adopted the present report on Ecuador.

2. On 28 February 2008, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Ecuador: Italy, Mexico, and India.

3. In accordance with paragraph 15 of the annex to resolution 5/1, the following documents were issued for the review of Ecuador:

(a) A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/1/ECU/1);

(b) A compilation prepared by the Office of the High Commissioner for Human Rights (OHCHR), in accordance with paragraph 15 (b) (A/HRC/WG.6/1/ECU/2);

(c) A summary prepared by OHCHR, in accordance with paragraph 15 (c) (A/HRC/WG.6/1/ECU/3).

4. A list of questions prepared in advance by States members and observers of the Human Rights Council was transmitted to Ecuador through the troika.

I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS

A. Presentation by the State under review

5. At the 2nd meeting, on 7 April 2008, the Minister of Justice and Human Rights of Ecuador, H.E. Mr. Gustavo Jalkh, introduced the national report of Ecuador. He noted that Ecuador is a party to the main human rights international instruments and that most recently, on 3 April 2008, Ecuador had deposited its ratification to the Convention on the Rights of Persons with Disabilities and its Optional Protocol. Ecuador is also up to date with the presentation of reports to the treaty monitoring bodies. He further emphasized that Ecuador is a founding member of the Human Rights Council (HRC) and in 2002, extended an open invitation to the special procedures to visit the country. In the last six years, Ecuador has received five visits of special procedures.

6. Ecuador has also established internal mechanisms for the effective protection and promotion of human rights. It has adopted a national human rights action plan, which is currently in the process of being evaluated. The recently established Ministry of Justice and Human Rights coordinates State actions to guarantee the effective implementation of human rights and, together with the Ministry for Foreign Affairs, will be updating the national human rights action plan to reflect current priorities and challenges in an operational manner, and to be able to measure progress. Ecuador has ratified the Rome Statute of the International Criminal Court and in 2006, set up the National Commission on Humanitarian Law but still faces the challenge of reforming the legislation on state of emergencies in accordance with international humanitarian and human rights law.

7. The Constitution recognizes the right to life as a fundamental right, and there is no death penalty in Ecuador. On the issue of eradication of torture, Ecuador has ratified the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and the process for the ratification of the Optional Protocol is currently underway. Within this process, the National Constitutional Assembly, together with a number of non-governmental organizations and the Ministry of Justice and Human Rights, has also been working on a project to introduce reforms to the Criminal Code, including a definition of torture in accordance with CAT. Outstanding challenges remain, such as the need to provide human rights training to law enforcement officials, the elimination of the jurisdictions of the public forces by merging jurisdictions. As part of efforts to combat impunity and strengthening of the judicial system, there is further the need to ensure better coverage and strict independence of the judiciary. Ecuador has created the Truth Commission. Current challenges include the reform of the national security law and the elimination of the military and police courts jurisdictions to address human rights violations by military and police forces. Since 2007, a human rights manual has become part of the human rights training for the police.

8. In responding to questions raised in advance on the penitentiary system, in 2008, the Government will be investing US$90 million in the penitentiary system, in particular in the areas of infrastructure, social rehabilitation centres, access to legal assistance and pretrial detention. Ecuador set as target to become a country without children in the prisons. Ecuador is also promoting a flexible programme to provide pardons to persons in accordance with the law, including those who are terminally ill, to revise the cases of those who have received extremely severe sentences, and undertake a social census of prisoners, which is currently underway.

9. Regarding questions asked in advance on human rights defenders, it is planned to provide amnesties to all human rights defenders prosecuted for claims regarding mining and logging activities. With regard to access to justice and judicial reform, the Ministry of Justice and Human Rights is coordinating the development of a new programme to introduce oral proceedings and greater transparency in the trials, as well as creating centres on mediation, and strengthening judicial careers. 10. Ecuador increased the national budget by 38 per cent to invest in social areas, in particular to provide universal, free and quality public health services and free and quality basic education, and to create economic opportunities to vulnerable groups. With regard to women’s rights, the National Plan for the Prevention, Eradication and Sanction of Gender Violence, the National Plan for the Prevention, Eradication and Sanction of Trafficking of Persons, and the National Plan of the Prevention and Punishment of Sexual Violence are currently being implemented. On the rights of children, reference was made to the National Plan for the Comprehensive Protection of Children and Adolescents, in particular actions for the progressive eradication of child labour and begging and to address the exploitation of children. A national council for the promotion and protection of the rights of persons with disabilities has been established as well as the Office of the Procuraduría for the Defence of the Rights of Persons with Disabilities and a programme called Ecuador without Barriers which is promoted by the Office of the Vice-President. On the rights of migrants, Ecuador is a country of origin, transit and destiny of migrants and has established the National Secretariat for Migrants to coordinate all actions, implement policies, and provide comprehensive assistance to migrants. The National Development Plan for Migrants 2007-2010 also includes a programme that facilitates the return of Ecuadorians to the country. Ecuador has ratified all international norms on refugees and maintains an institutional framework that effectively assists asylum-seekers, both for their recognition as refugees and their social insertion. In this connection, UNHCR recognizes Ecuador as a country with best practices in the protection of the rights of refugees. On the right of indigenous peoples, the Constitution recognizes the cultural diversity of the country and Ecuador has adopted long-term public policies to address the needs of people of African descent.

B. Interactive dialogue and responses by the State under review

11. During the ensuing interactive dialogue, statements were made by 33 delegations.

12. The representative of Mexico asked the delegation of Ecuador to provide additional information on the vision of the Government of Ecuador with regard to the following four issues: (i) information on the measures adopted by Ecuador on the issue of gender violence, in particular legal and public policies to address domestic violence; (ii) information on how Ecuador envisages to complete the process for the ratification of the Optional Protocol to CAT, if conditions exist for the establishment of a national mechanism for the prevention of torture, as stipulated in the Protocol and if relevant legal reforms were envisaged with regard to the crime of torture; (iii) on the question of bilingual intercultural education, and if it is mandatory in the national territory; and (iv) on how the indigenous traditional justice system interacts with regard to the national justice system.

13. The Russian Federation asked how Ecuador evaluates the progress achieved on the implementation of the national plan of action on human rights and what have been the results achieved. It also requested information on the measures taken to combat corruption and on their effectivity. It also asked how far Ecuador was in regard to the introduction of bilingual education.

14. Tunisia noted the existence of the National Plan of Human Rights and the implementation of different measures taken by the State with regard to the promotion of human rights. It noted that the Committee on Economic, Social and Cultural Rights (CESCR), the Committee on Migrant Workers (CMW) and FAO and UNICEF appreciated Ecuador’s provisions in favour of the rights of minorities, children, women and workers.

15. Guatemala expressed interest in measures taken to reduce overcrowding prisons and on penitentiary rehabilitation. Information was requested on the reform of justice and the involvement of the civil society in that process.

16. Expressing appreciation for the presentation made by Ecuador, the delegation of Peru asked if Ecuador had a national registry of persons deprived of their liberty. On the issue of freedom of expression and opinion, including the right to receive information, the delegation of Peru asked if Ecuador has a law to guarantee access to information and if so, the progress made in the application of such legislation.

17. Brazil asked for further information concerning the participation of citizens in the process of reform of the administration of justice, and, bearing in mind Ecuador’s role in the implementation of the Mexico Action Plan, asked for information on the measures the Government has implemented to guarantee non-discrimination treatment and the integration of asylum-seekers and refugees.

18. France requested information about the implementation of the new system, for the selection of judges, adopted three years ago, and whether Ecuador was expecting to create inspection bodies monitoring the work of the police.

19. China expressed its appreciation for the honest analysis offered by Ecuador and asked information on the way of ensuring coordination of bodies working on the protection of human rights.

20. On the question of measures to address gender violence, the delegation of Ecuador noted that this is a priority policy. Currently there are 31 Family Commissions where women can go to file complaints. These commissions are already present in 17 provinces and are currently seeking to

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.

24. Argentina asked for information on the Truth Commission to investigate cases denounced between 1984 and 1988, including challenges and achievements. Argentina also requested additional information on the protection of the rights of persons with disabilities.

25. Canada recommended continuing the reform of the judicial system. Noting the situation of refugees and cross-border movement, Canada recommended that further steps be taken by Ecuador in combating trafficking in persons.

26. The Republic of Korea noted Ecuador’s efforts to promote the rights of indigenous people, including by introducing bilingual education for them. Korea enquired how Ecuador is ensuring or plans to ensure the protection of the rights of indigenous people living in the regions where oil explorations are taking place. Ecuador was also requested to elaborate on the content of the Migration Law and the need for exit permits to leave the country. Furthermore, Korea asked whether Ecuador has brought or is in the process of bringing the definition of the offence of torture in the Criminal Code in line with CAT.

27. The United Kingdom of Great Britain and Northern Ireland noted the need for further progress in the judicial reform, the poor prison conditions, overcrowding and delays in procedures. It recommended that the reform of judiciary continue, in particular with regard to the independence of judiciary, length and pretrial detention. It encouraged the State to continue involving civil society in the UPR process, including follow-up of the UPR outcome. Noting the use of excessive force by police, it encouraged strengthening human rights training of police forces. On social issues, it welcomed the introduction of a child labour plan.

28. Regarding the situation of detainees in prisons and the proposal for improvements referred, Sweden wished that Ecuador elaborate on the time frame for the implementation of the proposals and mechanisms for follow-up. With regard to separate military and police courts and the concern about lack of impartiality, and the decision referred to that human rights violations could be dealt with by these courts, Sweden requested to elaborate on legal and other instances to decide whether a suspected crime is indeed a human rights violation and eligible to be raised only in civil courts.

29. Chile noted the value of the Government’s broad consultations undertaken with civil society for the elaboration of the report. It asked the Government to provide more information on how human rights are being incorporated into the new Constitution.

30. In response to the last questions, the delegation of Ecuador noted that the country has a plan with an already budget allocated and is dealing with the two major centres in Guayaquil. This year began with setting up new detention centres, which will deal with the lack of 10,000 places. They also plan to set up seven new centres, and shall be able to take much more conclusive measures for rehabilitation and social reinsertion. On the issue of access to public information, the delegation noted that information on all programmes of the ministries is available on their web pages and this information is made available to show progress in the different areas. With regard to access to justice, the delegation referred to the importance of the principle of the independence of justice and transparency. In particular, the issue of the judicial career, the delegation noted that the Government believes that judges should be civil servants but should be subject to evaluation. The system has not been working perfectly in Ecuador but the delegation noted that the Government hopes that the career system will be established and can have an impact on the independence of justice. The delegation also indicated that ordinary justice is dealing with cases of human rights violations by military and police officers and is producing results and punishing members of the military and police forces. The delegation acknowledged that Ecuador needs to eliminate police and military courts and indicated that this is to be done within the institutional reform timelines. Regarding the question of China on the coordination of the different bodies, the delegation noted that coordination

is the responsibility of the Ministry of Justice and Human Rights. With regard to good practices in the police of having a body which will check the compliance of the police with human rights, the delegation noted that the Ministry of Justice and Human Rights wants to set up an office within the Ministry of the Interior and the police in this regard in order to generate a culture within the police to respect human rights. Regarding the rights of indigenous peoples, the delegation noted that the Constitution guarantees that the State is a multicultural and multi-ethnic society. Ecuador is not only a party to ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries but it has also been a co-sponsor of the United Nations Declaration on the Rights of Indigenous Peoples. The Government appreciated the recommendations by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, and Ecuador has established, in February 2007, the Secretariat for Peoples Social Movement and People Participation. Within the Ministry of Interior, there is a department of education for indigenous peoples and intercultural bilingual system, and a health department for indigenous people in the Ministry of Health as well as a national department for indigenous people in the Office of the Ombudsman. The organic law on indigenous institutions recently approved by Congress guarantees the legal of the different indigenous institutions. Ecuador has also made great efforts to accept the Afro-Ecuadorean population as an important element of development and participation in the economy and the society, and a Council for Afro-Ecuadorean Development has been set up, reporting to the Office of the President. On the issue of exit permits to leave the country, the delegation noted that this is no longer enforced.

31. Uruguay highlighted the broad consultations undertaken by Ecuador for the preparation of its report, as well as the open invitation to the special procedures to visit the country. As a result of visits, special procedures mandate-holders have identified a number of difficulties in certain areas and made recommendations to address them. It noted that it is clear that Ecuador has made an effort and is continuing to strive to ensure the promotion and protection of those living in its territory, be it nationals or foreigners. Uruguay asked the representative of Ecuador to provide information on how the indigenous justice system coexists with international standards. 32. Slovenia requested information on how Ecuador integrated the gender perspective into the preparation of their report and recommended that Ecuador continue to include a gender perspective also in the follow-up process to UPR. Information was requested on how Ecuador is addressing the issue of double discrimination of women belonging to ethnic minorities, as well as their lack of political representation in line with CERD recommendations. Slovenia also noted reports of incidents of abuses and torture against the gay, lesbian, bisexual, transsexual and transvestite community and asked what the Government is doing with regard to the application of the principle of universality and overall international human rights law in relation to sexual orientation and gender identity. Slovenia recommended that Ecuador further strengthen its commitment to non-discrimination on these grounds and apply the Yogyakarta Principles.

33. The Dominican Republic expressed appreciation for the presentation made by the Ministry of Justice and Human Rights. In particular, it asked for more information on the Coordinating Commission on Public Policy and its work. On the issue of the right to life, the Dominican Republic requested information on measures adopted by Ecuadorean authorities to guarantee the right to life from the moment of conception.

34. Venezuela recognized the efforts made by Ecuador to promote and protect human rights, and congratulated the Government for the broad consultation process for the preparation of the report. It asked Ecuador to provide more information on economic and social rights, collective rights, civil and political rights, in particular in the process of the constitutional drafting process.

35. Honduras noted that the elderly represent an important segment of the population and asked what kind of measures Ecuador was taking to ensure their enjoyment of basic rights. It also asked information concerning Ecuadorian emigrants and governmental policies to guarantee their right to return and their social and economic reintegration.

36. Indonesia noted that Ecuador has been working diligently towards the protection and promotion of human rights, especially in advancing the rights of women in the political sphere and commitment to fighting corruption and poverty. Indonesia asked what the Government considers to be the greatest challenge with regard to the promotion of the rights of vulnerable groups such as women, children and migrants.

37. Australia requested information concerning the compliance of national human rights institutions to the Paris Principles.

38. Sri Lanka stated that Ecuador was embarked on a process of profound transformation, with many elements in common to other countries.

39. The United States of America welcomed more information regarding the promotion of an independent judiciary, further respect for the rule of law and a time frame for the implementation of the measures taken in this regard. It also noted reports of impunity within security forces and asked for additional information on Ecuador’s efforts to prevent excessive use of force and unlawful killings by security forces and to prosecute those responsible.

40. Bolivia referred to issues regarding equal opportunity for migrants and wished to receive additional information concerning the protection of the rights of indigenous peoples.

41. The Holy See expressed support to the definition Ecuador gave to the right to life as well as to the right not to be unduly pressured on this matter. It asked for further information on the implementation of the right to life.

42. Azerbaijan noted the adoption of the plan of action for human rights. It also requested more information on the reform of the judiciary and its current status.

43. Italy recommended adopting appropriate measures to combat child labour and exploitation, the adoption of appropriate measures to eradicate gender violence, in particular domestic violence. It also recommended taking appropriate measures to improve the conditions of detention as recommended by the Committee against Torture in 2006 and 2007. Italy also noted the importance of human rights education at all levels.

44. Nicaragua expressed appreciation for the comprehensive report introduced by Ecuador, and for the information provided on progress made in the promotion and protection of human rights. Noting that Ecuador is currently involved in the drafting of a new Constitution and welcoming the adoption of a national development plan with a rights-based approach, it asked the delegation of Ecuador to provide information on how the current process of constitutional reform will be incorporated in the national development plan.

45. Germany stated that prison conditions are one of its main concerns. It requested further information on child labour and child sexual exploitation, in particular measures and criteria that Ecuador has used to obtain progress in this area.

46. Ghana asked whether the new constitutional reforms were going to reinforce the protection of the rights of migrants, indigenous and Afro-Ecuadorian.

47. Following the questions, the representative of Ecuador stated that in order to comply with the Paris Principles, Ecuador set up the Ministry of Justice and of Human Rights. Ecuador noted that the rule of law is essential for the respect for human rights and that the system of national justice is the first guarantor of these rights. This system ensures any punishment for violation of human rights and sets the national plan for citizen security and increases the capacity of the police. Ecuador noted that a training programme has been set up to develop the practical capacity of the police in the area of human rights.

48. Ecuador noted its progress in relation to social and economic rights, and that their health and employment policies cover various groups such as indigenous peoples, afro-descendants, migrants and the elderly, in a gender perspective.

49. Ecuador noted that two policies of the Government related to education and health. In 2005 a 10-year education plan was developed and its basic purpose is to provide universal basic education. Ecuador noted progress in budget allocation to 38 per cent. Barriers to school entry have been reduced, programmes have been initiated such as the school textbook programme, which aims to cover 1.3 million children and ensures cultural diversity. This includes bilingual textbooks in indigenous languages. Free school uniforms are also provided. Fifteen thousand new jobs have been created for teachers and there is a strict planning in the education system, as well as increase in investments in education, including in infrastructure and a larger number of teachers trained.

50. As regards the health care system, Ecuador noted a real revolution. Basic health teams provided house-by-house care. Ecuador transferred considerable resources to provide equipment and to improve the infrastructure. Free provision of generic health care drugs is taking place. The Government also established a programme to eradicate child malnutrition.

51. As regards the incentive to work, the social unit has a comprehensive territorial programme to coordinate these activities. Ecuador noted economic development in this area, including the public procurement programmes providing work for afro-descendent population.

52. Ecuador notes that the Constitution guarantees equality between women and men. A commission has been set up to ensure these provisions. Ecuador recognized current shortcomings and noted that the new Constitution will serve as a foundation to address the equality issue. Ecuador noted the need for support from the women’s movement and to coordinate demands for the new constitution. Greater participation of women at the assembly and local levels is needed, as well as to strengthen relevant institutions, the main one of which being the Planning Secretary, which mainstreams cross-cutting gender perspectives through public policies, and the National Council for Women, which includes civil society organizations to have greater impact on public policy, as well as to increase budget allocation for women’s affairs. Ecuador noted that gender perspective is a priority in all policies. It highlighted the participation of the social movement in preparing reports and developing equal opportunity plans.

53. As regards the social and economic inclusion of the elderly, Ecuador has developed a relevant public policy and a new system for managing comprehensive programmes and creating conditions for comprehensive care in 64 geriatric units as well as training programmes for community-based services. It is implementing this policy together with private sector institutions, carrying out comprehensive care programmes through homes, and also providing food on a daily basis. Ecuador is providing homes for the elderly deprived of liberty and it has also created the first research institute for gerontology.

54. On the questions of treatment of migrants, the delegation indicated that in 2007 a National Secretariat for Migrants was set up and is conducting a policy which places the human person at its

centre. A national plan for human development for migration was also adopted, taking into account the views of civil society. The National Secretariat has a role of coordination, among different institutions, with a gender focus. One of the specific projects refers to Casa Ecuatoriana with a special attention to women. There is a voluntary dignified and sustainable return programme. The Government has an annual budget of US$ 5 million distributed mainly for the implementation of productive programmes where the civil society and public bodies can be involved. Ecuador seeks to ensure a consistent policy and to comply with obligations in terms of migrants. The State’s efforts should be supported by the international community.

55. The creation of a national institution of a human rights defender implies coordination with other bodies, including the Ministry of Justice and Human Rights and independent institutions. Under Ecuadorean legislation and the Constitution, life is protected from the moment of conception.

56. Regarding the social protection of children, particularly the elimination of the phenomenon of street children, the delegation indicated that Ecuador has a special national protection plan and has made efforts to identify areas where children are forced to beg and are subject to labour exploitation in the streets. Ecuador is executing a national plan for eradication of child begging which leads to sexual and labour exploitation, and they are working together with the affected children.

57. Regarding coordination between human rights bodies, the delegation indicated that Ecuador established a coordinating body in 2002. This involves various State institutions and civil society organizations, and includes their involvement in the preparation of reports to treaty bodies and for reviewing/assessing the recommendations by special procedures, including the dissemination of recommendations.

58. In his concluding remarks, the Minister of Justice and Human Rights noted that Ecuador fully supports the UPR as a mechanism that ensures universality and equality in the treatment for all States based on an interactive dialogue and cooperation, promoting the capacity of the State to improve the implementation of public policies and practices for the promotion and protection of human rights. He noted that the exercise has been useful for the inspiration of public policies in the country.

59. The Minister also stated that Ecuador looks forward to the assistance of the international community and to the recommendations that will be provided as part of this exercise. He highlighted that the exchange of practices is among the main objectives of UPR and noted that the migrant policy of Ecuador is focused on the people, seeking to achieve a dignified migration process and the effective participation of societies of origin and destination. He therefore called on all countries that have not yet done so to ratify the ICMW.

II. CONCLUSIONS AND/OR RECOMMENDATIONS

60. During the interactive dialogue, different countries have presented recommendations as follows:

1. Provide information in the future on further advances regarding the penitentiary reform and combating discrimination (The Netherlands).

2. Continue human rights training of police forces (United Kingdom of Great Britain and Northern Ireland).

3. Apply and provide follow-up to plans to eradicate child labour (Italy).

4. Take appropriate measures to further improve the conditions of detainees in prisons, as recommended by the Committee against Torture in 2006 and 2007 (Italy).

5. Establish a time frame and a follow-up mechanism regarding the improvements on the situation of detainees in prisons (Sweden).

6. Include a gender-perspective in the follow-up process to the UPR review (Slovenia).

7. Implement measures to combat discrimination on the ground of sexual orientation and gender identity, as well as other human rights violations against the gay, lesbian, bisexual, transsexual and transvestite community (Slovenia).

8. Adopt appropriate measures to eradicate gender-based violence, particularly domestic violence (Italy, Mexico).

9. Continue the reform of the judicial system (Canada, United Kingdom of Great Britain and Northern Ireland).

10. Take further steps in combating trafficking in persons (Canada). 61. All recommendations formulated during the interactive dialogue have been examined by Ecuador and enjoy the support of Ecuador.

III. VOLUNTARY PLEDGES AND COMMITMENTS

62. Before the adoption of the outcome by the plenary of the Council in June 2008, Ecuador will be ready to present voluntary commitments and pledges based on its report to the Working Group, taking into account the content of the interactive dialogue and following a wide process of internal consultations.

Annex

Composition of the delegation *

H.E. Mr. Gustavo Jalkh, Minister of Justice and Human Rights, Head of the delegation;

H.E. Mr. Emilio Izquierdo, Under-Secretary of Multilateral Relations, Minister for Foreign Affairs;

H.E. Mr. Mauricio Montalvo, Permanent Representative to the United Nations Office at Geneva;

Mr. Augusto Saá, Director-General of Human Rights and Social Affairs, Ministry for Foreign Affairs;

Mr. José Rosero, Vice-Minister of Coordination and Social Development, Ministry of Coordination and Social Development;

María de Lourdes Portaluppi, Under-Secretary of Family and Child Protection, Ministry of Economic and Social Inclusion; delegate of the National Child Counsel;

Juan Meriguet, Under-Secretary of People, Social Movements and Citizen Participation;

Felipe Abril, Under-Secretary of Policy Coordination, Government Ministry;

Ximena Abarca, Executive Director of the National Council for Women;

Remigia Saldaña, Director of Protection Policies at the Migrant National Secretariat;

Juan Holguín, Minister, Deputy Permanent Representative the United Nations Office at Geneva;

Carlos Santos, Counsellor;

Luis Vayas, First Secretary;

Leticia Baquerizo, Second Secretary;

María del Carmen Vivar, Third Secretary;

Ramiro Rivadeneira, Adviser to the Minister of Justice;

Lorena Sánchez, General Direction of Human Rights and Social Affairs Assistant.

-----

_________________________

* Circulated as received.