CERD/C/ECU/CO/19
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17. The Committee is concerned that, despite the Constitutional guarantees of the right of the
indigenous population to communal ownership of property, the State party does not grant that
population security under the law or effective protection against forcible eviction from their
ancestral lands (art. 5 (d) (v)).
The Committee urges the State party to ensure that the indigenous peoples enjoy
effective legal protection against forcible eviction from their ancestral lands, and
receive proper compensation if such evictions occur.
18. The Committee is concerned at the limited enjoyment of economic, social and cultural
rights by indigenous peoples and Afro-Ecuadorians, particularly where housing, education,
health and employment are concerned, principally as a result of the growing and persistent
poverty in the State party (art. 5 (e)).
The Committee recommends that the State party should take the necessary steps to
assure effective protection against discrimination in various areas, particularly in
employment, housing, health and education. It also calls on the State party to include
in its next report information on the impact of programmes designed to guarantee
economic, social and cultural rights to the indigenous population, as well as statistics
on progress made in this regard.
19. While the Committee takes note of recent progress in efforts to combat illiteracy among
the indigenous and Afro-Ecuadorian population, it continues to be concerned at the high level of
illiteracy among the indigenous peoples and Afro-Ecuadorian communities (art. 5 (e) (v)).
The Committee encourages the State party to take immediate and medium-term
action to ensure the effective implementation of measures to reduce illiteracy among
indigenous people and Afro-Ecuadorians. In addition, the State party’s next report
should include precise data on the proportion of indigenous people and
Afro-Ecuadorians who have access to primary, secondary and university education.
20. While the Committee is pleased to note the introduction of a system of bilingual education
in Ecuador, providing instruction to indigenous children in Spanish and in their own languages,
it is concerned at the poor application of the bilingual intercultural system in practice
(art. 5 (e) (v)).
The Committee recommends that the State party should strengthen the legal
arrangements underpinning indigenous institutional structures. Specifically, it is
recommended that the Department of Bilingual Intercultural Education, the
Department for Intercultural Health and the Council of Nationalities (CODENPE)
should be given legal status and allocated the necessary resources so that they can
perform their functions effectively.
21. While the Committee welcomes the fact that the National Department for the Defence of
the Rights of Indigenous Peoples is authorized to receive individual and collective complaints, it
notes the absence of cases before the domestic courts (art. 6).