morals; on the exceptions to freedom of expression based on constitutional and
legal provisions relating to the state of emergency; on the restrictions, if
any, currently applicable to associations in the interest of public order; and
on current legal provisions governing the right to strike.
247. In addition, it was asked in which legal cases individuals were required,
under article 19 {15) of the Constitution, to declare their religion or
belief; whether restriction of the right to privacy under the National
Security Act applied only in emergency situations or also in other situations;
whether the Compulsory Military Service Act permitted conscientious objectors
to perform alternative national service and, if so, what the latter's duration
was compared with that of compulsory military service; how the freedom to
seek, receive and impart information was implemented in practice; and whether
government employees had the right to organize and to strike. Clarification
was also requested as to the compatibility with article 22 of the Covenant and
relevant ILO Conventions of several provisions of Ecuadorian law relating to
the membership of the executive committee of a works council; the modalities
for dissolution of a works council; the prohibition against trade unions
taking part in religious or political activities; the penalty of imprisonment
for the instigators of collective work stoppages; and to protection against
acts of anti-union discrimination.
248. In his reply, the representative of the State party said that, although
there were no political restrictions on the issue of passports, a person's
exit from the country had to be restricted in some legal cases. The cost of a
passport was equivalent to the average monthly wage and administrative appeal
was available in the case of refusal to issue a passport. There was complete
freedom of movement within the country. The Intendente General de Policia,
who was a magistrate responsible to the Ministry of the Interior, was
empowered to deport any alien who was in Ecuador illegally, and no appeal
could be made against his decision. Expulsion orders against aliens legally
in Ecuador had to be referred to the Minister of the Interior, whose decision
was final. Requests for the extradition of aliens had to be decided upon by
the President of the Supreme Court.
249. Concerning the exercise of freedom of religion and expression, the
representative explained that, according to article 19 (6) of the Constitution
all persons could freely practise the faith that they preferred, except for
the limitations prescribed by law to protect the security, public morality and
fundamental rights of other persons. Among the many sects that had arisen in
Latin America in recent years there were some that were not only dangerous to
public morals but even to life. The Penal Code provided for the punishment of
any illegal acts of that type. The President of the Republic was empowered to
impose censorship on the media during a state of emergency; that measure had,
however, never been applied under the present Constitution. There was
currently no provision for conscientious objection in Ecuador. In actual
fact, as Ecuador's armed forces were small, they did not require all the
potential conscripts and it was relatively easy to avoid performing military
service. However, most of the poorer elements of the population eagerly
performed their military service as it provided them with an opportunity to
escape poverty and rural isolation. The issue of freedom of access to
information was now the subject of considerable attention in Ecuador.
Administrative files were public, with the exception of those relating to
national security and military matters. However, access to administrative
files was hampered by the bureaucratic tendency towards secrecy.
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