E/C.12/1/Add.100 page 2 B. Positive aspects 4. The Committee notes with appreciation that the new Constitution of Ecuador, adopted in 1998, declares that the State party is a multicultural and multiethnic State, and it incorporates a wide range of human rights, including a number of economic, social and cultural rights enshrined in the Covenant. 5. The Committee notes with satisfaction the adoption of the Plan Nacional de Derechos Humanos del Ecuador and it welcomes the establishment of the Defensoría del Pueblo del Ecuador in 1998 for the promotion and protection of human rights. The Committee also welcomes the important role the State party has played in the adoption of the Andean Charter of Human Rights. 6. The Committee takes note with satisfaction the ratification by the State party of the Inter-American Convention on Prevention, Punishment and Eradication of Violence against Women, as well as the adoption of legislation and creation of institutions and plans to combat discrimination against women, such as the Ley contra la Violencia a la Mujer y la Familia of 1995, the Ley de Amparo laboral de la Mujer of 1997, the Plan de Igualdad de Oportunidades and the establishment of the Consejo Nacional de Mujeres (CONAMU) in 1997. 7. The Committee notes with appreciation the cooperation between the State party, and especially its working group of the Inter-Ministerial Public Committee on Human Rights in charge of the elaboration of reports to the United Nations human rights treaty bodies, and the United Nations country team in Ecuador and the Latin American regional office of the United Nations High Commissioner for Human Rights. C. Factors and difficulties impeding the implementation of the Covenant 8. The Committee takes note that Ecuador has experienced recently a range of natural disasters such as the El Niño phenomenon, which have negatively affected the implementation of the rights guaranteed in the Covenant. 9. The Committee takes note that the structural adjustment policies in the State party have negatively affected the enjoyment of economic, social and cultural rights by the population, particularly the disadvantaged and marginalized groups of society. It especially notes the high percentage of the annual national budget (around 40 per cent) allocated to foreign debt servicing that seriously limits the resources available for the achievement of effective enjoyment of economic, social and cultural rights. D. Principal subjects of concern 10. The Committee is concerned about the lack of independence of the judiciary and the alleged human rights abuses committed by the judiciary. 11. The Committee is concerned that, despite the legal framework in place and the growing influence of indigenous grassroots community groups, indigenous people continue to suffer discrimination, particularly with regard to employment, housing, health and education.