foreign currency earnings and the workers had attempted to cut off the vital
trans-Andean pipeline to press inordinate claims for compensation and for
changes in the ownership of the petroleum industry. The President had
suspended freedom of movement and the right of assembly within the petroleum
installations as well as the constitutional guarantees relating to the right
to work. The state of emergency had lasted barely two weeks and the Congress
had been duly informed, in accordance with the Constitution, and had endorsed
the measure. In future, the authorities would not fail to notify the
Secretary-General whenever a state of emergency was declared, in accordance
with article 4, paragraph 3, of the Covenant. The list given in
article 48 (n) of the Constitution was identical, in spirit, with the
provisions mentioned in article 4, paragraph 2, of the Covenant and the
exercise of the fundamental human rights concerned had never been suspended.
Non-discrimination and equality of the sexes
231. In connection with that issue, members of the Committee wished to know,
in the light of the Committee's general comment 'No. 18 (37), whether there had
been any developments in relation to article 2, paragraph 1, and article 26 of
the Covenant since the submission of the report. In addition, clarification
was requested about the compatibility with the Covenant of the distinction
made in article 9 of the Constitution between Spaniards and Ibero-Americans,
on the one hand, and all other foreigners, on the other. Further information
was requested regarding measures taken by the authorities to assist in the
integration of indigenous populations into society and the prohibition against
the signing of work contracts abroad by women.
232. In his reply, the representative of the State party pointed out that,
under Ecuadorian law, racial discrimination was considered an offence and that
amendments to the Civil Code, which sought to put an end to any form of legal
discrimination between men and women, had been adopted in August 1989.
Similarly, amendments to the Penal Code were currently being discussed in
order to eliminate any shortcomings in that regard. The apparent distinction
with respect to dual nationality in article 9 of the Constitution was based on
historical considerations, since Spaniards and Ibero-Americans were the direct
ancestors of the Ecuadorians. The rights of aliens, other than in the
exercise of political rights, were not restricted as compared with those of
citizens. The regulation which stipulated that companies wishing to hire a
foreigner should give proof that his services were indispensable and that
there were no Ecuadorians gualified to occupy the position was an
administrative measure designed to protect the interests of Ecuadorians.
233. Referring to the rights of indigenous populations, the representative
explained that for centuries the Indians had suffered considerable
discrimination and savage exploitation at the hands of the Spanish conguerors,
but also later at the hands of persons of mixed race. Although today they
were no longer considered inferior beings as they had been during the colonial
period, they were still poorer than other Ecuadorians. In the past, helping
the Indians had meant helping them to climb the social ladder to the detriment
of their identity. The recent trend, however, was to protect the cultural
identity of the Indians. Some very primitive groups still existed in the
country, and there was considerable debate as to whether they should be
allowed to remain as they were or be integrated in the prevailing
civilization. In view of the very strong arguments that such groups had the
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