2. Views expressed by member and observer States of the
Council on the review outcome
224. Pakistan noted the constructive and valuable role played by Ecuador in the Council and throughout the universal periodic review process. Pakistan noted its comprehensive report, forthcoming attitude in accepting the recommendations made during the review, and detailed list of voluntary pledges and commitments. It also noted that Ecuador’s constructive approach to dealing with human rights mechanisms, as well as with civil society, would enable it to ensure promotion and protection of human rights in the best possible manner.
225. Italy noted Ecuador’s seriousness and spirit of commitment demonstrated throughout the process, the challenge of being the second country to be reviewed and the challenges faced by the troika members having to work without a set precedent. While underlining that the 10 recommendations in the Working Group report enjoyed Ecuador’s support, Italy also noted Ecuador’s commitment by presenting, before the adoption of the final report, voluntary pledges and its willingness to provide concrete follow-up. The spirit of cooperation and consensus among all involved parties and the result of having the final acceptance of all recommendations were remarkable. Italy highlighted the value of all recommendations, whether they are accepted or not, and their usefulness for an open and transparent process, even when they represent different positions. Moreover, countries had the opportunity to address specific issues which had not been included in the section containing the conclusions and recommendations of the Working Group report, during the adoption of the report. All countries enjoyed the freedom to decide which recommendations to accept, including those that could be problematic for others. The review of Ecuador will provide the road map for its policies in defending and promoting human rights.
226. Brazil praised Ecuador’s constructive, open and committed approach throughout the process and the national report submitted at the Working Group and the results of its review process. Brazil recognized the commitment demonstrated by Ecuador in the plenary session by highlighting its voluntary commitments in the framework of the review. Brazil strongly welcomed Ecuador’s commitment regarding 48 issues under 15 thematic areas, including the harmonization of national law in relation to international norms, women’s rights, children’s rights, and the collective rights of African-Ecuadorians and indigenous peoples. It also commended Ecuador on its political will to face human rights challenges.
227. Latin American Committee for the Defence of Women’s Rights (Cladem), in a joint statement with Action Canada for Population and Development, the Federation for Family Planning, and the International Women’s Rights Action Watch, highlighted the very positive attitude of the delegation of Ecuador during the review, its openness and cooperation with civil society, including its participation in the National Direction for Women. With regard to the ongoing adoption of a new constitution and draft laws, Ecuador should take into account women’s rights, in particular recommendations and voluntary commitments on gender and the eradication of violence. It advised to maintain in the Constitution the protection of women, especially women at work, in order to allow them to free and responsible decisions regarding their reproductive and sexual life, and the recognition of non-paid domestic labour. In addition, paternity leave is another step in the right direction to promote gender equality in the family. Finally, it would be important to promote commissions on women and family rights in the Amazon region, which is disadvantaged with respect to the rest of the country.
228. Comisión Jurídica para el Autodesarrollo de los Pueblos Originarios Andinos stated that in Ecuador there are large tracks of virgin lands, both in the Amazon and the Andes regions, and a very rich biodiversity. Both young and adult persons have a special relation with this land, which they have occupied since time immemorial and which allows them to survive, and to revive their own identity in the exercise of their collective rights. Illegal action taken by oil companies and other firms violates the rights of these peoples. The State must reaffirm the constitutional rights of indigenous peoples, as the present situation appears inappropriate to promote the highest level of implementation of their rights and to ensure their participation to civil life. It therefore suggested to include a further recommendation which would reflect Ecuador’s commitment to including in the constitutional text the free self-determination of indigenous peoples, including the possibility of being informed in advance on matters which have a direct influence on their lives.
229. Action Canada for Population and Development welcomed the strong commitment to the universality of human rights demonstrated by the Ecuadorian delegation during the review, including its defence of its obligation to combat discrimination based on sexual orientation. In this connection, it welcomed the decision of the Constitutional Assembly to preserve the references forbidding discrimination based on sexual orientation in the text of the new constitution that is currently being drafted - a decision that corresponds to the letter and spirit of recommendation No. 7 (A/HRC/8/20, para. 60). Ecuador was encouraged to add “gender identity” to the prohibited grounds of discrimination listed in the Constitution, and it was recommended that Ecuador develop and implement training and sensitization programmes on gender identity and sexual orientation for police personnel and for the educational system at all levels. It also recommended that Ecuador take concrete steps to address the situation of the social and economic marginalization of transvestites, transsexuals, lesbians, bisexuals and gay men.
230. Centre for Women Global Leadership stated that with reference to recommendations nos. 6, 7 and 8, in spite of being prominent in civil society reports, women’s reproductive rights were not adequately highlighted during the review. It encouraged Ecuador to affirm the constitutional principles of non-discrimination and the right to exercise informed choice in matters of sexual and reproductive health above the interest of particular groups, including religious groups. Furthermore, women do not use contraceptives due to ignorance, pressure from their husbands and partners and religious beliefs. The Government was encouraged to strengthen the awareness-raising component of its current plans on reproductive health to better educate the population on the uses of contraceptives and to eradicate gender stereotypes and harmful beliefs, including those of a religious nature. Including a specific reference to the secular character of the Ecuadorean State in the new Constitution, with full respect of religious freedom, will further contribute to this end.
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