A. International level

7. Ecuador is a State party to all seven major international human rights instruments and has ratified Optional Protocols to enable individual petition under the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child (it is currently carrying out consultations for ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment). In February 2002, Ecuador ratified the statute establishing the International Criminal Court. Ecuador has also ratified the main conventions of the Inter-American human rights system and accepted in 1984 the jurisdiction of the Inter-American Court of Human Rights.

8. Ecuador has signed the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, which was sent to Congress for accession in 1992 and assessed by the Committee on National Defence. In meetings with the National Congress and the Ministry of External Relations, respectively, the Working Group received positive indications that steps are taken towards the accession by Ecuador to this instrument. The Working Group welcomes this process and extends its support and assistance for a speedy accession.

9. As PMSCs and their employees fall into a grey area not specifically covered by the 1989 Convention, this demonstrates the need for appropriate national regulation, control and monitoring of the activities of PMSCs.

B. National level

10. The 1998 Constitution of Ecuador states that international treaties have supremacy on domestic laws. Articles 16-17 of the Constitution contain the primary provisions concerning the duties of the State to ensure the respect of human rights.

11. In meeting with the National Congress, the Working Group was informed that the Criminal Code Reform Bill No. 26804 prohibiting the recruitment, use, financing and training of mercenaries was in the process of adoption by the National Congress. The Working Group supports this initiative, while noting that an alternative approach for inclusion in national legislation is to establish acts committed by mercenaries as well as mercenary-related activities as offences in the Criminal Code.

12. As to other legislative and regulatory measures, the Working Group was informed by Ecuador authorities of recent developments, including the 2003 Law on Monitoring and Private Security. This law prohibits ownership by and recruitment of currently serving army and police personnel in PMSCs, with a view to avoid possible conflicts of interest. Furthermore, section 13 of the Law on Private Companies provides for the following necessary elements in order to successfully register a PMSC in Ecuador: (a) establish an office and designate a local representative; (b) get authoritization from the Ministry of Defence; (c) by US$ 2,000 minimum; and (d) to have a legal counsel. If PMSC personnel are to utilize weapons in their work, the PMSC needs to obtain an additional licence from the Ministry of Defence. The Working Group was informed by the Ministry of the Interior of special regulations under elaboration to implement the Law on Private Companies. Existing legislation requires PMSCs to request profiles of employees to be recruited, and their inclusion into an official register.

13. The Working Group was informed in meeting with the Ministry of Labour of the enacted 2005 Law on Subcontracting, which aims at enhancing the protection of the labour conditions of subcontractors. The Working Group notes the significant potential of this legislation and associated measures to counter a situation, described by non-governmental organizations and authorities alike, of security guards and other personnel in the security sector in Ecuador who are exploited, work in harsh conditions and experience high suicide rates. The Working Group notes that the Ministry of Labour has already issued the Implementing Regulations of the “Labour Code Amendment Act regulating the subcontracting of ancillary services”. It has also been informed that the Minister for Labour and Employment has introduced a Citizens’ Action Mailbox, where workers in Ecuador can deposit their complaints and concerns when their rights have been violated or infringed by companies to which ancillary services have been subcontracted. The Working Group welcomes these measures.

Date: 2015-12-24; view: 605