Country Report on Human Rights Practices for 1988
ECUADOR
.
Ecuador is a constitutional republic with a president and
members of a unicameral Congress chosen in free elections.
Members of the Supreme Court, chosen by Congress, preside over
an independent judiciary. Elections in 1979 ended 7 years of
military rule, and since then democratically elected
administrations have governed Ecuador. Fourteen registered
political parties and a free and partisan press participate in
a lively and contentious democratic political process.
Rodrigo Borja of the Democratic Left party was elected
President on May 8 and began his 4-year term in office on
August 10, succeeding the center-right presidency of Leon
Febres Cordero. Borja's party, allied with another party on
the center-left, controls an absolute majority in the 71-
member Congress. The next congressional elections are
scheduled for January 1990.
The President controls the police through the Ministry of
Government. In 1988 local human rights organizations and
members of Congress publicized several charges of abuse by the
police and Ecuadorian security forces. Officials of the
previous administration acknowledged isolated incidents but
denied any systematic abuses. The new President has promised
an "exemplary" degree of respect for human rights by his
Government.
A small group of violent leftists, Alfaro Vive Carajo (AVC),
maintains links with the Colombian M-19 guerrillas and
periodically engages in acts of terrorism and insurgency.
During the police campaign against the AVC in 1985-1986, human
rights organizations charged the Government with unjustified
killings of AVC members and with using brutal methods during
the arrest and interrogation of AVC suspects. AVC activity
continued to decline during 1988, and no violent
confrontations with government forces occurred.
Ecuador has an essentially free enterprise economic system.
Petroleum, agricultural, and fishing exports have financed
most of the country's imports during the last 15 years, and
petroleum revenues have been the mainstay of the budget in
that period. The active labor movement is small but broadly
based. Extensive rural poverty persists, especially among
highland Indians.
Ecuador maintained generally good human rights standards in
1988. The most prominent human rights issues were the
treatment of prisoners, judicial procedures, and continuing
concern over police and armed forces abuse of ordinary
citizens suspected of criminal activity.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political Killing
There were no known killings for political motives in 1988.
However, on October 24, Superior Court Judge Ivan Martinez was
murdered by unknown assailants. Because he was working on a
number of drug trafficking cases, the press assumed his death
was drug-related. Human rights groups remain concerned about
instances of excessive use of police force against criminal
suspects, including some minors. On April 9, for example.
rural police shot and killed Roberto Patricio Reasco near
Quininde during a routine document check. A youth named Jose
Peralta was picked up May 10 by police in Shushufindi and held
for 3 days on suspicion of robbery. On May 14, his family
retrieved his body from the morgue in Lago Agrio; the body
showed evidence of extreme torture. On July 6, student Victor
Alvarado Morales died from gunshot wounds while demonstrating
against an increase in transit fares. The Minister of
Government in the Febres Cordero administration denied police
responsibility in this case. There were no instances in 1988
of police officials being tried and punished for use of
excessive force.
b. Disappearance
There were no substantiated cases of disappearance
attributable to the Government in 1988. Human rights monitors
decried the previous administration's lack of public response
to charges of disappearances said to have occurred in 1985 and
1986 and urged the Borja administration to try to shed light
on these cases. They continued to press for information on
the alleged disappearances of three persons detained by the
military in Esmeraldas province in 1985 (Manuel Bolanos in
October, Luis Vaca in November, and Consuelo Benavides
Cevallos in December) and two persons arrested by police in
Quito (Jaime Otavalo in August 1985 and Manuel Yanez in May
1986). In November 1988 a congressional inquiry--f acilitated
by the Borja government--began into the fate of Consuelo
Benavides.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Torture is prohibited by law. However, there were a number of
credible allegations of torture in 1988. Human rights groups
asserted that 20 cases of torture occurred in the first 6
months of 1988. (This represents a decrease from 1987, when
44 such cases were reported during the first half of the
year) . Particular concern was expressed that some of these
cases of torture involved minors. For example, in
mid-February an illiterate 14-year-old boy, Jose Manuel Chato,
was picked up in Quito on suspicion of robbery. Chato was
allegedly subjected to torture by the police, including the
use of electric current applied to his genitals. Human rights
groups charged that on February 25, a suspected AVC member,
Galo Mora Procel, was apprehended and tortured by police prior
to his release the next day. They also reported that, on June
25, Leonardo Fabian Brito was detained for insulting a
policeman. He was hit on the face and body and a chemical
substance was sprayed in his eyes.
There are charges that police frequently beat suspects or
treat them harshly during initial interrogations. Although
mistreatment of detainees is not officially sanctioned, human
rights groups maintain the Government is responsible and say
that little has been done to discipline those responsible for
such abuses. It appears also that some police abuse —including torture--has occurred since Borja's inauguration
on August 10. The Borja administration, however, has stated
its unequivocal opposition to official use of abusive methods,
and human rights groups hope that, over time, these statements
will have an impact on police behavior. In early December,
the Government sponsored a 3-day human rights seminar for the
police, with the aim of promoting better human rights
performance.
Ecuadorian prison conditions are so squalid and brutal that in
themselves they represent cruel treatment. Ecuadorian prison
guards sometimes use solitary confinement and beatings for
disciplinary purposes, even though this is contrary to prison
regulations. Prisoners often bribe guards to avoid punishment
and to improve their living conditions.
Human rights groups maintain that police unjustifiably applied
the so-called ley de fuga (the law of escaping prisoners) on
three occasions in 1588. This practice, unsanctioned by
legislation, allows police to fire on fleeing prisoners.
Escapees are generally not armed, and human rights groups
argue that they would normally be willing to surrender if
challenged.
Detainees under civil control who are charged with terrorism
or subversion generally have not been mistreated if detained
in Quito, but those detained in the Guayaquil penitentiary
often are treated harshly.
d. Arbitrary Arrest, Detention, or Exile
The law provides for a judicial determination of the legality
of detention. Preventive detention is illegal. The criminal
code forbids isolated confinement for more than 24 hours and
detention without charge for more than 48 hours, but this
frequently is disregarded in practice. Detainees under civil
control are allowed frequent family visits. The few detainees
under military control are usually held incommunicado and
reportedly have been mistreated. Human rights organizations
accused the previous government of illegal detention of
suspected terrorists and their family members, but this
practice appears to have ended with President Borja's
accession to office. Human rights groups do not believe there
were any suspected terrorist detainees under military control
in 1988. Mayors and municipal council presidents have the
constitutional right to order the release of detainees and do
so frequently, irrespective of the severity of the charges.
Forced exile is not practiced. With regard to forced or
compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The Congress elects the Supreme Court and has the power to
impeach judges, to set the budget of the judicial branch, and
to ratify the Supreme Court's judicial review decisions. From
time to time, the Supreme Court investigates allegations of
judicial inefficiency or improprieties and may remove judges.
The autonomous Constitutional Guarantees Tribunal (TGC) is
composed of representatives named by the President, the
Congress, the judiciary, municipalities, business, and labor.
The TGC is empowered by the Constitution to investigate
breaches of constitutional or human rights. The TGC submits
its findings to Congress but has no statutory power to enforce
sanctions. Military courts may try only those cases involving
infractions of military regulations or acts against military
installations.
As in most civil law systems, there is no trial by jury.
Judges play a central role in investigations as well as in
deciding guilt or innocence. Defendants have the right to
counsel as soon as arrested. They can call witnesses on their
own behalf, cross-examine all witnesses, refrain from
testifying against themselves, and appeal sentences to
intermediate or higher courts. Although a public defender
system is mandated by the 1979 Constitution, it has not yet
been implemented.
Due to inefficiency and corrupution, detainees may wait 2
years or more for trial, placing additional burdens on the
prison system. According to the Congressional Commission on
Human Rights, approximately 50 percent of all prisoners have
not been charged or sentenced. Time spent awaiting trial is
counted toward completion of the final sentence, but some
long-term detainees have been found innocent. Those unable to
afford legal counsel face the longest periods of pretrial
detention.
There were no Ecuadorian political prisoners in 1988. A
Basque detained for suspected terrorist activity in 1987 was
released in early 1988. The 39 Air Force personnel who
remained in jail for participating in the 1-day kidnaping of
President Febres Cordero were pardoned by President Borja in
late November. Most were released immediately from prison,
and the rest were released in December.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Police must have a warrant to enter a dwelling except in the
case of hot pursuit. Although the Government generally
respects the sanctity of the home and privacy of
correspondence, police have been involved in illegal,
surreptitious entries. One human rights group claimed that
reports of violations of homes and private property numbered
15 for the first 6 months of 1988, a figure similar to the
1987 total for the same period.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and
expression. All Ecuadorian media are privately controlled,
with the exception of Radio Nacional, which is operated by the
Government's Information Secretariat (SENAC) . The Government
exercises control of the allocation of radio and television
frequencies.
There are over 30 daily newspapers, dozens of weeklies,
numerous special interest magazines, four national television
networks, six local television stations in the capital and the
four largest Ecuadorian cities, and approximately 400 radio
stations, all operating freely. These media outlets present a
diversity of political opinion, ranging from Communist to
ultraconservative, and vigorously debate political issues.
Politicians and human rights observers accused the Febres
Cordero Government of using a variety of pressures to soften
or silence media criticism of its policies. Since President
Borja took office in August 1988, government relations with
the press have moved from adversarial to supportive and open.
The editor of a leading opposition daily was named Secretary
of Information of the newly renamed SENAC (formerly SENDIP).
The organization attempts to make the Government accessible to
the media, promotes press freedom, and has abolished the
progovernment simulcasts of the Febres Cordero
administration. Ortel (TV 5 Quito), another private
television channel, which was prohibited from operating for 4
years by the former administration, resumed broadcasting in
August. There have been no reported closings of radio
stations, threats against reporters, or arrests of journalists
since August.
There is no political censorship of foreign or domestic books,
films, or works of art, and no evidence of government
interference with academic inquiry.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of free assembly and
association. This generally is observed in practice. Public
rallies require prior approval from local government agencies,
which is generally granted. Demonstrations which threaten to
disrupt public order or safety may be restricted.
c. Freedom of Religion
Although overwhelmingly Roman Catholic, Ecuador has no state
religion. Citizens and residents are free to practice the
religion of their choice. The Constitution prohibits the
election of members of the clergy to the Congress, the
Presidency, or the Vice Presidency. Foreign missionaries have
operated freely in Ecuador for many years. Radio HCJB, the
"Voice of the Andes," has functioned for more than 50 years as
an evangelical Christian shortwave radio service supported
largely by contributions from the United States.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
All Ecuadorians may travel freely at home or abroad. Persons
from other Latin American countries have readily found asylum
in Ecuador. No cases of involuntary repatriation of persons
fleeing political persecution were reported in 1988.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Ecuador is a multiparty democracy with 14 registered parties
representing a broad political spectrum. Eleven of these,
including two avowed Marxist parties, are represented in the
present unicameral Congress. Voting is mandatory for literate
Ecuadorians 18 years of age and older and voluntary for
illiterates. Political participation and suffrage are open to
all citizens without discrimination on the basis of sex,
ethnic origin, or socioeconomic status. All citizens have the
right to form and join political parties.
Three of the 71 congressional representatives elected in 1988
were women. Several women occupy prominent positions in the
present Government, though none at the ministerial level. A
woman ran as a vice presidential candidate for a major
political party in first-round presidential elections held in
January.
Only certified political parties may present candidates for
election. An aspiring party must present a petition bearing a
minimum number of voter signatures for certification. Strong
political rivalries among individuals and ideological and
regional differences account for much of the rough and tumble
nature of the political process. Nevertheless, since the
return to democracy in 1979, Ecuadorian elections have
resulted in peaceful presidential transitions in 1984 and
1988. In late January, legislative, municipal, and local
elections also took place in a fully free and open
environment.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The Government seeks to be responsive to human rights inquiries
from other states and public international organizations. The
Foreign Ministry has an office responsible for providing
detailed replies to queries from outside Ecuador concerning
human rights matters. Ecuadorian human rights organizations
are free to investigate human rights practices within the
country, although there were accusations of low-level official
harassment of human rights activists in 1988. The
Congressional Human Rights Commission (HRC) , formed in
November 1986, was active in 1988. The Latin American Human
Rights Association (ALDHU) is headquartered in Quito, as is an
office of Amnesty International. Other active human rights
organizations include two local private groups, the Ecumenical
Commission on Human Rights (CEDHU) and the National Human
Rights Commission.
During 1988, the outgoing Government continued its practice of
refusing to engage in a substantive dialogue about human
rights with private organizations.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
The Constitution prohibits discrimination based on race,
color, sex, language, religion, political or other
affiliation, social origin, or economic position. Although
there is no overt or legally sanctioned discrimination
practiced against these groups, the urban poor are
predominantly black or of mixed race, and the Indian
population is primarily rural and poor. The Constitution
establishes complete political equality for men and women.
However, women still may suffer discrimination under civil
law. In 1987 changes were made in laws concerning divorce,
property distribution, and inheritance which gave women equal
rights with their husbands in these areas as required by the
Constitution. Women usually receive lower wages than men
employed in a similar position.
Section 6 Worker Rights
a. The Right of Association
Labor organizations represent about 15 percent of the
country's economically active population. The labor movement,
organized into four major confederations and many independent
unions, reflects widely different political orientations and
has links to international labor organizations. The labor
movement is independent of the Government. The right to
strike is provided for by law in Article 31 of the Ecuadorian
Constitution and in the Labor Code, except to government
white-collar employees. The Labor Code provides that
labor-management conflicts be submitted to "Conciliation
Tribunals" which in practice are chaired by the Ministry of
Labor. However, these negotiations are in fact voluntary, and
either side has the right to refuse to participate. While
negotiations are under way, strikes and lockouts are
permitted.
b. The Right to Organize and Bargain Collectively
All private sector employees and government blue-collar
workers enjoy the right to organize unions. The right to
collective bargaining is guaranteed by law for private sector
employees and government blue-collar workers and is used
extensively in practice to resolve potential or actual labor
conflicts. Collective bargaining rights are not, however,
granted to government white-collar workers.
Ecuador's labor code provides for a considerable government
role in encouraging voluntary labor-management negotiations,
especially through the action of Conciliation Tribunals in the
Ministry of Labor.
There are no export processing zones in Ecuador. Labor laws
are applied uniformly throughout the country.
c. Prohibition of Forced or Compulsory Labor
By law, forced or compulsory labor is prohibited. In
practice, Indians occasionally work for agricultural employers
for near starvation wages and have no practical means to
demand their rights. International Labor Organization (ILO)
supervisory bodies concluded in 1988 that government decrees
imposing prison labor sentences for offences committed by
seamen in one case and for seditious acts in another were not
in conformity with the ILO convention on abolition of forced
labor.
d. Minimum Age for Employment of Children
Employment of individuals under the age of 18, the age of
majority in Ecuador, requires parental permission. This
regulation is generally observed in larger enterprises;
however, many children in rural areas are active in the work
force. Enforcement mechanisms prohibiting unauthorized
employment of children exist but in practice do not
effectively cover the rural poor or many activities in the
informal sector of the economy.
e. Acceptable Conditions of Work
The labor code prescribes a standard 40-hour workweek with
paid annual vacations. Ecuador enforces a minimum wage law.
The wage, now set at approximately $44 per month, is not
sufficient to support a family. In practice many people earn
a fraction of the minimum wage. Many families must supplement
the principal breadwinner's minimum wage with income from
other sources. The labor code mandates safe and healthy
working conditions and holds employers responsible for
maintaining such conditions. The Social Security Institute is
responsible for monitoring complaints concerning working
conditions and has legal power to enforce compliance.
Enforcement is generally adequate
