Amnesty International Report 2015/16 - Ecuador

Republic of Ecuador
Head of state and government: Rafael Vicente Correa Delgado

Those critical of the authorities, including human rights defenders, faced attacks, fines and unfounded criminal charges. The rights of Indigenous Peoples to free, prior and informed consent over decisions affecting their livelihoods were not fulfilled.

BACKGROUND

The National Assembly voted in favour of 15 constitutional amendments proposed by the executive, which included authorizing the use of the military to respond to internal public security situations and enabling the indefinite re-election of the President and other authorities.

Nationwide anti-government protests led by trades unions, Indigenous Peoples' organizations and civil society took place throughout the year. They were marked by clashes between the security forces and protesters and reports of excessive use of force and arbitrary arrests by the security forces. At least 21 people detained during anti-government protests in December in the capital, Quito, were sentenced amid concerns about violations of their right to a fair trial.

In March, the International Court of Justice (ICJ) backed a 2011 Ecuadorian court ruling that granted compensation to Amazon Indigenous communities affected by environmental damage caused by the USA-based energy company Chevron. The ICJ ruled that a previous agreement between Chevron and authorities did not prevent Amazon Indigenous communities from seeking compensation from the company. In a separate court case, also in March, the ICC ruled that it lacked jurisdiction to decide on a complaint filed by Indigenous communities against Chevron's Chief Executive Officer.

FREEDOMS OF EXPRESSION, ASSOCIATION AND ASSEMBLY

Human rights defenders and others who openly criticized government policies were threatened and harassed. Attempts were made to prevent them from carrying out their work and they faced attacks, fines, harassment and unfounded criminal charges.

In September, using an executive decree granting the authorities wide powers to monitor and dissolve NGOs, the National Communication Secretariat threatened to close down human rights NGO Fundamedios, apparently in reprisal for the organization's denunciations of violations of the rights to freedom of expression and association. At the end of September, the Secretariat issued a "final warning" to Fundamedios to "comply with the prohibition of exercising matters of a political nature, avoiding raising unfounded alerts for the sole purpose of damaging the prestige of Ecuador and its institutions".

Human rights defender Paulina Muñoz Samaniego was subjected to an intimidation campaign which she believed was related to her work with Ecuador Decide, a coalition of civil society organizations which oppose the Free Trade Agreement between Ecuador and the European Union. No investigation had been opened by state prosecutors by the end of the year despite her having filed a complaint.

In February, environmental activist and community leader Darwin Javier Ramírez Piedra was sentenced to 10 months' imprisonment on charges of "rebellion" for his alleged participation in an attack against National Mining Agency delegates. The prosecution did not provide credible evidence against him and his sentence appeared to be an attempt to silence his campaign against the impact of mining activities on the right to water of Junin communities in Intag region, Imbabura province, northern Ecuador. He was released the same day as his sentencing, as he had already served the length of his sentence in pre-trial detention.

Media outlets continued to receive fines under a communication law granting wide-ranging powers to the Information and Communication Superintendent, a public servant elected from a shortlist provided by the President, to limit and regulate the media. There were concerns that the law's application was jeopardizing the right to freedom of expression and creating a climate of self-censorship. In May, La Hora newspaper was fined US$3,540 for not covering an event by the Mayor of Loja which was deemed to be of public interest. The newspaper refused to pay the fine.

In February, the owner of Crudo Ecuador, a Facebook page that published satirical political memos, closed down the page after receiving threats. The threats commenced after the President referred to Crudo Ecuador in his weekly television programme and encouraged his supporters to counteract those who criticized the authorities through social media.

INDIGENOUS PEOPLES' RIGHTS

The authorities continued to fail to fully implement the 2012 ruling of the Inter-American Court of Human Rights in favour of the Kichwa People of Sarayaku, including the complete removal of explosives left on their land and the issuing of legislation to regulate Indigenous Peoples' right to free, prior and informed consent over laws, policies and measures that affect their livelihoods. In May, personnel authorized by the Ministry of the Environment entered the Sarayaku territory without consent to carry out an environmental impact assessment for future oil extraction on the territory.

SEXUAL AND REPRODUCTIVE RIGHTS

Women and girls continued to face limited access to modern contraceptives, with the most vulnerable disproportionately affected. In February, the CEDAW Committee raised concerns at the limited access to sexual and reproductive health services, education and information.

Abortion remained illegal in all cases, except where the life of the woman was at risk or in cases of rape when the victim was a woman with a mental disability.