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Ecuador

Executive Summary

Ecuador is a constitutional, multiparty republic with an elected president and unicameral legislature. In 2017 voters elected President Lenin Moreno from the ruling party Alianza PAIS (Proud and Sovereign Fatherland) and chose members of the National Assembly in elections that were generally free and fair.

The National Police maintains internal security and law enforcement and is under the authority of the Ministry of Government. The military is under the supervision of the Ministry of Defense and is responsible for external security. Police and military forces share responsibility for border enforcement, with the military also having limited domestic security responsibilities. The military may complement police operations to maintain and control public order when expressly mandated. Migration officers are civilians and report to the Ministry of Government. Civilian authorities maintained effective control over the security forces. Members of the security forces allegedly committed some abuses.

Significant human rights issues included: reports of torture and abuse by police officers and prison guards; harsh and life-threatening prison conditions; the existence of criminal libel laws; serious acts of corruption; lack of investigation of and accountability for violence against women and children; and the use of child labor.

The government took steps to investigate and prosecute officials who committed human rights abuses.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but there were reports that provincial and local authorities did not always observe these provisions. According to NGOs, illegal detentions continued to occur.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Indigenous People

There were no reports of restrictions placed on indigenous persons and their institutions in decisions affecting their property or way of life. The law provides indigenous persons the same civil and political rights as other citizens. The constitution strengthens the rights of indigenous persons and recognizes Kichwa and Shuar as “official languages of intercultural relations.” The constitution grants indigenous persons and communities the right to prior consultation, which is to participate in decisions on the exploitation of nonrenewable resources located on their lands that could affect their culture or environment, although indigenous peoples’ organizations noted public- and private-sector actors often ignored prior consultation. The constitution also allows indigenous persons to participate in the economic benefits natural resource extraction projects may bring and to receive compensation for any damages that result.

In the case of environmental damage, the law mandates immediate corrective government action and full restitution from the responsible company, although some indigenous organizations asserted a lack of consultation and remedial action. The law recognizes the rights of indigenous communities to hold property communally, although the titling process remained incomplete in parts of the country. During the 2018 national referendum, voters approved two constitutional amendments relevant to indigenous communities, prohibiting mining in urban and protected areas and limiting oil drilling in Yasuni National Park.

A June 1 report by various environmental and indigenous monitoring groups warned that because the mining sector was considered of “strategic importance” during the pandemic and a disproportionate number of indigenous miners were deemed essential employees, the mining sites were “hot spots for contagion” and put neighboring indigenous communities at serious risk of COVID-19 infection. Although confirmed COVID-19 cases and deaths among indigenous communities were lower than the national average, indigenous leaders and international organizations asserted indigenous communities, like other rural low-income communities, were particularly vulnerable to the pandemic’s environmental, medical, and economic effects. On July 1, Amnesty International joined two local indigenous umbrella groups, the Confederation of Indigenous Nationalities of Ecuador and the Confederation of Indigenous Nationalities in the Amazon, in calling on the national government to assemble a national action plan to protect indigenous communities.

The National Council on the Equality of Peoples and Nationalities reported in 2018 that almost 23 percent of indigenous women were underemployed, 36 percent were illiterate, and political participation of indigenous women continued to lag behind the rest of the population.

An April 2019 Amnesty International report faulted the government for a lack of will to adequately provide protection and conduct serious criminal investigations into the 2018 attacks and threats against the female Amazonian environmental defenders Patricia Gualinga, Nema Grefa, Salome Aranda, and Margoth Escobar. Human rights organizations expressed concern about intimidation tactics used against these activists from unidentified sources, including death threats and physical assault. On March 12, Amnesty International reported these tactics were intended to silence their environmental activism and denounced the lack of progress in the case.

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including all forms of labor exploitation; child labor; illegal adoption; servile marriage; and the sale of tissues, fluids, and genetic materials of living persons. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping.

The government did not effectively enforce the law. Limited resources, limited presence in parts of the country, and inadequate victim services hampered the effectiveness of police and prosecutors. NGOs and media outlets continued to report that children were being subjected to forced criminality, particularly drug trafficking and robbery.

Reports of forced labor of children (see section 7.c.) and women persisted. Observers most frequently reported women as victims of sex trafficking or of working in private homes under conditions that may amount to human trafficking. The National Police reported through August the rescue of 17 female sex trafficking victims, 19 arrests of individuals involved in trafficking in persons, and the dismantling of an international sexual exploitation network. Through August 17, consolidated government figures reported 42 trafficking-in-persons victims (80 percent of them female).

Indigenous and Afro-Ecuadorians, Colombian refugees, and Venezuelan migrants (see section 7.d.) were particularly vulnerable to human trafficking. Traffickers often recruited children from impoverished indigenous families under false promises of employment; these children were then forced to beg or to work as domestic servants, in sweatshops, or as street and commercial vendors within the country or in other South American countries. Men, women, and children were exploited in forced labor and sex trafficking abroad, including in other South American countries and the United States. The country is a destination for South and Central American women and girls exploited in sex trafficking, domestic servitude, and forced begging.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

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