Ecuador: Constituent Assembly Laws Violate Numerous Human Rights Treaties

NEW YORK (May 12, 2008) -- The Human Rights Foundation (HRF) sent a letter today to the President of the Republic of Ecuador, Mr. Rafael Correa, bringing to his attention human rights violations contained in the Tax Equity Reform Law (Ley Reformatoria para la Equidad Tributaria en el Ecuador) that was passed by the Constituent Assembly.

HRF states that the immediate enforcement of the Tax Equity Reform Law passed by the Assembly violates the fundamental right of Ecuadorian citizens to take part directly in the conduct of public affairs in their country. The Tax Equity Reform Law states: “The present Law shall come into force the day after its publication in the Official Registry and shall prevail over any law which might oppose it.” According to HRF, by this provision, the Constituent Assembly violates its obligation of waiting for the required referendum to enforce its measures, as mandated in Article 1 of the Statute for the Election, Installation and Functioning of the Constituent Assembly. “The violation of this article of the Statute amounts to a violation of the right of the citizenry to take part in the conduct of public affairs,” said HRF President Thor Halvorssen. “This is recognized by the most important international human rights instruments, such as Article 21 of the Universal Declaration on Human Rights, Article 25 of the International Covenant of Civil and Political Rights, Article 20 of the American Declaration of the Rights and Duties of Man, and Article 23 of the American Convention on Human Rights,” he added.

HRF’s letter also states that a mandatory payment of 10% to begin legal proceedings, violates the fundamental right to defense. According to HRF, this provision (Provision 7) constitutes an economic restriction of the access to justice. “This would leave the shopkeepers, small business owners, and family businesses in Ecuador wholly defenseless when faced with state actions that they wish to fight in court,” said Halvorssen. "There are hundreds of thousands of working families that would be crippled by this law." This particular provision violates the fundamental right of every person to a defense, as recognized by Article 24 of the Constitution of Ecuador and by the most important international human rights instruments, namely the Universal Declaration on Human Rights (Art. 10), the International Covenant of Civil and Political Rights (Art. 14), the American Declaration of the Rights and Duties of Man (Art. 18) and the American Convention on Human Rights (Art. 25).

The letter, signed by Halvorssen and by HRF Chairman Armando Valladares, closes by expressing HRF’s deepest concern for the human rights violations taking place in Ecuador, and reminding President Correa of his obligation, as Ecuador’s Head of State, to urgently take every measure needed to stop these violations.

HRF is an international nonpartisan organization devoted to defending human rights in the American hemisphere. It centers its work on the twin concepts of freedom of self-determination and freedom from tyranny. These ideals include the belief that all human beings have the rights to speak freely, to associate with those of like mind, and to leave and enter their countries. Individuals in a free society must be accorded equal treatment and due process under law, and must have the opportunity to participate in the governments of their countries; HRF’s ideals likewise find expression in the conviction that all human beings have the right to be free from arbitrary detainment or exile and from interference and coercion in matters of conscience. HRF’s International Council includes former prisoners of conscience Vladimir Bukovsky, Palden Gyatso, Armando Valladares, Ramón J. Velásquez, Elie Wiesel, and Harry Wu.

Contact: Thor Halvorssen, Human Rights Foundation, (212) 246.8486, info@thehrf.org

Read the May 12, 2008 letter sent by HRF to President Correa here (Spanish only).