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ECUADOR NATIONAL ASSEMBLY
-National Councils for Equality Act … … … … … … … … … … … … … … … … … …. 2
DECENTRALIZED AUTONOMOUS GOVERNMENTS
MUNICIPAL ORDINANCES:
-Canton Flavio Alfaro: What Regulates the use or occupation of public space or public roads and municipal airspace, soil and subsoil, by the placement of structures, posts and networks belonging to natural or legal persons … … … … … … … … … … … … … … … … … …. 7
-Canton Junin: What reform and change of name to the Ordinance that regulates the implementation of fixed structure of support of antennas and infrastructures related to the Advanced Mobile Service, SMA; the one that will be: Ordinance that regulates the use or occupation of the public space or public road and municipal airspace, soil and subsoil, by the placement of structures, poles and networks belonging to natural or legal persons or private entities … … … … … … … … … … … …. 13
-Canton Olmedo-Manabi: What regulates training for urban and rural land, the determination, administration and collection of urban and rural property taxes for the biennium 2014 – 2015 … … … … … … … … … … … … … … 19
-Canton Olmedo – Manabi: Regulating the Tax determiner … … … … … … … .. 30
-Canton Rocafuerte: What regulates the use or occupation of public space or public road and municipal airspace, soil and subsoil, by the placement of structures, posts and networks belonging to natural or legal persons … … … … … … … … … … … … … … … … … …. 35
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Year II-Nº 283
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2 -- Second Supplement -- Official Record No. 283 -- Monday, July 7, 2014
REPUBLIC OF ECUADOR NATIONAL ASSEMBLY
Of. No. SAN-2014-0995
Quito, 03 July 2014
Engineer Hugo Del Pozo Barrezueta Official Registry Director
In your office
Of my considerations:
The National Assembly, pursuant to the privileges conferred upon it by the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the Project of ORGANIC LAW OF NATIONAL COUNCILS FOR EQUALITY.
In session of July 1, 2014, the National Assembly plenary met and gave a statement on the partial objection presented by the Constitutional President of the Republic.
For the above; and, as the President has stated Article 138 of the Constitution of the Republic of Ecuador and Article 64 of the Organic Law of the Legislative Function, accompanied by the text of the ORGANIC LAW OF NATIONAL COUNCILS FOR EQUALITY, to be published in the Register Officer.
Atently,
f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.
CERTIFICATION
I allow myself CERTIFY that the National Assembly discussed and approved the project of ORGANIC LAW OF NATIONAL COUNCILS FOR EQUALITY, in the first debate on 13 and 15 August 2013, in the second debate on 6 May 2014 and their partial objection on 1 July 2014.
Quito, 3 July 2014.
f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.
REPUBLIC OF ECUADOR NATIONAL ASSEMBLY
THE PLENO
CONSIDERING:
What, article l of the Constitution of the Republic establishes that Ecuador is a Constitutional State of Rights and Justice, which represents a transformation of the
legal and institutional structure in order to guarantee the fundamental rights of the people as a center of the state, social and economic scaffolding of the country;
What, article 3, number 1, of the Constitution of the Republic points out as duty The State's primary responsibility for guaranteeing the effective enjoyment of the rights established in it and in international human rights treaties ratified by Ecuador;
That the exercise of rights is governed by the laws of the principles enshrined in Article 11 of the Constitution of the Republic, including the principle of equality and non-discrimination, as well as the possibility of adopting affirmative action for the holders who are in a situation of inequality;
That, article 35 of the Constitution of the Republic states that the State must to provide priority and specialised care to the so-called priority care groups, including older adults, children, girls and adolescents, pregnant women, persons with disabilities, persons with disabilities, freedom and those who suffer from catastrophic or high complexity diseases;
That Articles 37 and 38 of the Constitution of the Republic establish and guarantee the rights of older adults;
What, Articles 40, 41 and 42 of the Constitution of the Republic recognize the right of persons to migrate thus how they guarantee the rights of people, whatever their immigration status;
That, Articles 44, 45 and 46 of the Constitution of the Republic guarantee the rights of children and adolescents by imposing on the State, society and the family, in their various types the promotion of their integral development as a matter of priority;
That, Articles 47, 48 and 49 of the Constitution of the Republic recognize the rights for persons with disabilities, seeking equal treatment of opportunities and their social integration;
What, Articles 56, 57, 58, 59 and 60 of the Constitution of the Republic recognize and guarantee the collective rights of the communes, communities, peoples, indigenous nationalities, of the Afro-Ecuadorian people and the montubian people who are part of the Ecuadorian State, unique and indivisible;
Article 70 of the Constitution of the Republic guarantees that the State will formulate and implement policies to achieve equality of men and women through the specialized mechanism in accordance with the law and incorporate the gender approach into plans and programmes and provide technical assistance for their compulsory implementation in the public sector;
What, article 156 of the Constitution of the Republic states that the National Councils for Equality are
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organs responsible for ensuring the full validity and exercise of the rights enshrined in the Constitution and in the instruments International human rights. The Councils will exercise privileges in the formulation, mainstreaming, observance, monitoring and evaluation of public policies related to gender, ethnic, generational, intercultural and disability and mobility issues. human, according to the law. For the fulfillment of its purposes, they will coordinate with the governing and implementing entities and with the specialized agencies in the protection of rights at all levels of government;
What, Article 157 of the Constitution of the Republic points out that the National Councils for Equality will be integrated in a joint manner by representatives of civil society and the State; they will be chaired by the representative of the Executive Function and its structure will be governed by the principles of alternability, democratic participation, inclusion and pluralism;
What, the provision Sixth of the Constitution of the Republic, it provides that the National Councils of Adolescent, Disabilities, Women, Peoples and Indigenous Nationalities, Afro-Ecuadorians and Montubios, will be constituted in National Councils for the Equality, in order to adapt its structure and functions to the Constitution;
That, in accordance with Article 133 of the Basic Charter, it is necessary to issue organic laws, among others, to regulate the organization and functioning of the institutions created by the Constitution; and,
In exercise of their powers constitutional, issue the following:
ORGANIC LAW OF NATIONAL COUNCILS FOR EQUALITY
Chapter I
Object, Scope, Finalities, Nature and Principles of National Councils for Equality
Article 1.-Object. This Law is intended to establish the institutional and regulatory framework of the National Councils for Equality, to regulate its purposes, nature, principles, integration and functions in accordance with the Constitution of the Republic of Ecuador.
Article 2.-Scope. This Law is mandatory in all levels of government for the organs, agencies and institutions that are responsible for and implementing public policies, the specialized agencies for equality, protection and guarantee of rights and those who are part of the National Councils for Equality.
Article 3.-Finalities. The National Councils for Equality will have the following purposes:
1. Ensure the full validity and exercise of the rights enshrined in the Constitution and in the International Human Rights Instruments.
2. Promote, promote, protect and guarantee respect for the right of equality and non-discrimination of persons, communities, communities, peoples, nationalities and collectives, within the framework of their powers and in the field of their competences, strengthen national unity in diversity and the construction of the Plurinational and Intercultural State.
3. Participate in the formulation, mainstreaming, observance, monitoring and evaluation of public policies in favor of people, communities, communities, peoples, nationalities and collectives, within the scope of their competencies related to the Gender, ethnic, generational, intercultural, disability and human mobility issues, fostering a culture of peace that develops human capacities oriented towards the guarantee of the right of equality and non-discrimination; action measures Affirmative action to promote equality between people, communes, communities, peoples, nationalities and collectives; and, the eradication of acts, uses, practices, customs and stereotypes considered discriminatory.
Article 4.-Nature. The National Councils for Equality are bodies of public law, with legal status. They are part of the Executive Function, with powers at national level and with administrative, technical, operational and financial autonomy; and they will not require deconcentrated structures or entities assigned to the exercise of their functions and functions.
Article 5.-Guiding Principles. The National Councils for Equality will be governed by the following guiding principles:
1. Equality
2. Alternability
3. Democratic participation
4. Inclusion
5. Interculturality
6. Pluralism
Chapter II
Of Integration, Designation, Selection, Organization and Functions of the National Councils for Equality
Article 6.-National Councils for Equality. Nationals for Equality:
1. Gender
2. Intergenerational
3. Of peoples and nationalities
4. Of disabilities
5. Of human mobility
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Article 7.-Integration. The National Councils for Equality will be formed by members of the Council, representatives of the functions of the State and civil society. Each National Council for Equality shall be composed of ten (10) members in total, each with its corresponding alternate, in accordance with the provisions of the Rules of Procedure of this Law, shall last four years in their duties. at one time, they will be chaired by the representative that the President or the President of the Republic will designate for the effect, who will have a vote of resolution.
Article 8.-Of the process of selection and designation of the members of the Society Civil. For the selection of representatives of civil society, the Participation Council Citizen and Social Control will convene a public merit contest.
To participate requires being the subject of public policy according to gender, ethnic, generational, intercultural, disability and gender issues. human mobility, of the council for which it applies. Applicants may rely on the support of one or more social organizations.
They will be designated as representatives of civil society to the National Councils for Equality, to the best-scored candidates according to the number of members of each council and in accordance with the requirements and criteria set out in the respective regulations, for which affirmative action measures will be applied, as well as the principles of parity and alternability.
Article 9.- Functions. To exercise attributions in the formulation, mainstreaming, monitoring, monitoring and evaluation of public policies, related to gender, ethnic, generational, intercultural, disability and human mobility issues, the National Councils for Equality will have the following functions:
1. Participate in the process of formulating and evaluating the National Good Living Plan, in coordination with the executive body's planning institutions for mainstreaming equality and non-discrimination approaches.
2. To form and convene in the field of its competences, Advisory Councils for the fulfillment of its purposes.
3. To bring to the attention of the competent institutions cases of threat or violation of rights and to follow up the complaints and to be necessary, to request through the Ombudsman the approach of precautionary measures to the judges and judges of constitutional guarantees.
4. Create and institutionalize an equality and non-discrimination information management system.
5. Build in a participatory way with the advisory and citizenship councils, the Agendas for Equality in the field of their competence, in order to be integrated into the National System of Planning.
6. To know and approve the Agendas for Equality and other reports coming from the Technical Secretariat.
7. Develop coordination mechanisms with the governing and enforcement entities of public policy and the specialized agencies for the guarantee and protection of rights at all levels of government.
8. Prepare State reports, in coordination with the other bodies responsible to the agencies that follow up the implementation of the recommendations of the International Human Rights Instruments in the field of their competencies.
9. The National Councils for Equality shall establish and monitor and evaluate affirmative action policies. To this end, they will develop indicators and other monitoring tools to assess the progress achieved in achieving their equality goals.
10. The others who establish this Law and its Rules of Procedure.
CHAPTER III
Of Technical Secretaries
Article 10.-Management. The management of the National Councils for Equality provided for in this Law, exercises through the respective Technical Secretariat.
Article 11.-Designation of the Technical Secretaries. The Technical Secretaries of the National Councils for Equality shall be appointed by the President of the respective Council, from outside his or her bosom, shall be free of appointment and removal, shall have a third level of higher education. The Technical Secretaries shall exercise the legal, judicial and extrajudicial representation of the National Councils for Equality.
Article 12.-Privileges and Functions of the Technical Secretaries. The or the Technical Secretaries shall have among other functions and functions the following:
1. Prepare the proposal of the National Agenda for Equality, under a citizen participation approach to submit it to the National Council for the corresponding Equality.
2. Carry out analyses and studies that contribute to the integrality of public sector policies, to transverzalize gender issues, interculturality, intergenerationality, disabilities and human mobility.
3. Design methodologies, indicators, systems and other tools necessary for the observance of the
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public policy, plans, programs, and projects in the field of their competence in order to fulfill their constitutional powers.
4. To draw up annual reports on the management, compliance and assessment of their powers, indicating the status of the situation on the basis of the thematic of each Council. The reports will contain the recommendations that should be notified to the institutions involved immediately.
5. Lead the administrative, financial and technical management of the National Councils for Equality.
6. Maintain permanent coordination with the other technical secretaries of the National Councils for Equality, to ensure the intersectoriality of management.
7. Develop mechanisms for territorial and inter-sectoral coordination.
8. The other functions assigned to you by this Law and the Regulations.
CHAPTER IV
Of Coordination Mechanisms with the Planning System
Article 13.-Agendas for Equality. The Agendas for Equality are instruments that contain the public policy proposals of each National Council for Equality, will be discussed and agreed upon in the Sectoral Councils of Politics, for their articulation with the sectoral policy and subsequent implementation by the Ministries of State and other competent bodies.
The National Councils for Equality, in coordination with the institution of planning of the Executive Function, shall draw up the Methodological instructions for the formulation, monitoring and evaluation of the Agendas for the Equality related to gender, ethnic, intergenerational, intercultural, disability and human mobility, in accordance with the Constitution of the Republic, international treaties and instruments and the Law.
TRANSIENT Provisions
First.- Until new members of the Gender, Intergenerational, Disabilities and Peoples and Nationalities Equality Councils are integrated, members of the Transitional Commission for the definition of public institutionalization, which guarantees the Equality between Men and Women, National Council of Children and Adolescence, National Council of Disabilities, Council for the Development of Nationalities and Peoples of Ecuador, African-Ecuadorian Development Corporation and Council for Development of the Montubio people of the Ecuadorian Coast and Subtropical Zones of the Litoral Region, respectively. The same will apply to those who exercise the legal representation of these entities.
Second.-Of the Applications and Procedures. Applications and other orders submitted before the current Law, before the National Council The Council of Development of the People and Nationalities of Ecuador, the Development Corporation of the Afro-Ecuadorian People, the Council for the Development of the Montubo People of the Ecuadorian Coast and the Subtropical Areas of the Coastal Region, the National Council of Disabilities and Transition Commission for the Definition of the Public Institutionality that guarantees Equality between Men and Women, will be dealt with and will be concluded in accordance with the law in force at the time of its presentation. Likewise, the administrative procedures initiated or in the process, will be processed and concluded in accordance with the law in force at the time of their presentation.
These entities must also elaborate the inventory of physical documentation and digital and deliver the properly ordered and organized file.
Third.-From Assets and Liabilities. Assets and liabilities, as well as institutional information from the National Council of Children and Adolescents, of the Development Council the Peoples and Nationalities of Ecuador, of the Corporation for the Development of the People Afro-Ecuadorian, of the Council of Development of the Montubio People of the Ecuadorian Coast and Subtropical Zones of the Litoral Region, of the National Council of Disabilities and the Transition Commission for the Definition of Public Institutionality. guarantee equality between men and women; previous inventory will become part of the institutional patrimony of the respective National Councils for Equality.
Fourth.-Of the Workers and Public Servants. The workers and the public servants who at the date of issue of this Law, who in any form or title work or provide services in the councils mentioned in the previous provision, may become part of the corresponding National Councils for Equality that are created in this Law; prior assessment, qualification, selection and determination of the institutional requirements.
Unnecessary charges will apply to the process established for the cases of permanent cessation in accordance with the Public Service Organic Law.
Fifth.-Of the Obligations. The National Council of Children and Adolescents, the Council for the Development of the Peoples and Nationalities of Ecuador, the Afro-Ecuadorian People's Development Corporation, the Council for the Development of the People, and the National Council for the Development of the People's Development Montubio of the Ecuadorian Coast and Subtropical Zones of the Litoral Region, the National Council of Disabilities and the Transitional Commission for the Definition of Public Institutions to Guarantee Equality between Men and Women, will not be able to to contract new obligations, except those which are strictly necessary for the implementation of the transition process and the indispensable to support the implementation of those plans, programs and projects that are in force at the date of issue of this Law.
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Sixth.-Ecuador's Indigenous Peoples and Nationalities Development Fund. The financial resources, infrastructure, movable and immovable property of the National Development Fund for Indigenous Peoples and Nationalities of Ecuador will become part of the National Corporation of Popular and Solidarity Finance, created in the Organic Law of Popular and Solidarity Economy, strengthening and expanding the coverage of second-floor banking services for indigenous, Afro-Ecuadorian and montubian nationalities and peoples. The human resource currently serving in the Development Fund of Indigenous Nationalities and Peoples of Ecuador, will be able to pass to the National Corporation of Popular and Solidarity Finance, after evaluation and qualification by of the Ministry of Labor Relations and in accordance with the institutional requirements.
Unnecessary charges will apply the process established for the cases of definitive cessation in accordance with the Organic Law of Service Public.
Seventh.-From the Civil Society Representatives Selection. Within the maximum period of one hundred and eighty days from the promulgation of this Law, the Council for Citizen Participation and Social Control shall draw up the regulation and select the representatives of civil society so that The National Councils for Equality.
Eighth.-From the registration of communes, communities, peoples and nationalities. Within the maximum period of one hundred and eighty days, counted from the enactment of this Law, the National Secretariat for Policy Management will create and keep a register of all communes, communities,
Novena.
The system of promotion and protection of. Within one hundred and eighty days from the publication of this Law in the Official Register, the Ombudsman will present to the National Assembly a proposed law establishing and structuring the system of promotion and rights protection.
Tenth.-From the Cantonal Rights Protection Councils. For the promulgation of this law in the case of those cantons in which the Cantonal Councils for the Protection of Rights, the Cantonal Councils of Children and Adolescents have not created, will become Cantonal Councils of Protection. of rights and to comply with the functions set out in Article 598 of the Organic Code of Territorial Ordinance, Autonomy and Decentralization. In the case of the staff of the Cantonal Councils of Children and Adolescents, they will be able to evaluate, be a part of the Cantonal Council for the Protection of Rights.
REFORMATTER PROVISIONS
First.- In Articles 47, point b; 9, 15, 43 added after Article 125; 170 final indent, 183, 188, 195, 300 and 388 of the Code of Childhood and Adolescence replace the phrase “National Council of Children and Adolescents ” by
“Ministry in charge of matters of economic and social inclusion ”, in its capacity as the rector of public policy integral social protection.
Second.-In Article 48 of the Code of Childhood and Adolescence, replace the last paragraph with the following: " Municipalities will dictate regulations on public spectacles, while the Council of Regulation of Information and Communication Development will dictate regulations on radio and television programs and the use of computer or electronic games and programs.
For the same reason, in Article 104 of the Organic Law of Communication replace the phrase "The National Council of Children and Adolescents" with the phrase " Los Angeles
Third.-
Article 82, third indent, article 87 last paragraph, article 93, fourth indent of the Code of Childhood and Adolescence, replace the phrase "National Council of Children and Adolescence" by "Ministry of Education". in charge of Industrial Relations. "
Fourth.- The Ministry responsible for Industrial Relations will assume the competence of Article 95, number 4 of the Code of Childhood and Adolescence.
Fifth.- Substitute the first paragraph of Article 170 of the Code of the Children and Adolescents by the following: “The Family Allocation Committees will be composed of three appointed members; two by the Ministry responsible for economic and social inclusion issues and one by the municipal government where it has jurisdiction each committee ”.
Sixth.- Substitute in Article 203 of the Code of Childhood and Adolescence the phrase “National Council " by “Ministry in charge of economic and social inclusion issues ”.
Seventh.- Substitute Article 212 of the Code of Childhood and Adolescence by the next:
“Art. 212.-Registration of care entities. The attention institutions shall request the registration from the respective ministry, for which they will present the program of attention, their financing and the other documents that are indicated in the Regulation. The registration of the care entities will have a two-year renewable term indefinitely. In the case of refusal of registration or the registration of a programme, the institution concerned may refer to the ministry responsible for matters of economic and social inclusion, against whose resolution there shall be no recourse. The attention institution may refile a request for registration or registration of a program, when it has exceeded the reasons for which it was denied. The Ministry responsible for matters of economic and social inclusion may revoke at any time, by means of a reasoned resolution in the terms required by the Constitution of the Republic, the registration of the entity or the registration of the program, where they do not comply with the authorised purposes or consider that they in any way threaten or violate the rights of children, girls and adolescents. ”
Eighth.- Substitute in Article 60, literal m); and, Article 90, literals m) and x) of the Organic Code of
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Territorial Organization, Autonomy and Decentralization, the phrase “Cantonal Councils for Equality and Equity " by “Cantonal Councils for the Protection of Derechos”.
REPEAL provisions
First.- Defeat the Organic Law of the Public Institutions of the Indigenous Peoples of Ecuador, Law No. 86, published in the Official Register No. 175 of 21 September 2007, which established the Council for the Development of Nationalities and Indigenous peoples of Ecuador; the National Secretariat for Intercultural Health of Indigenous Nationalities and Peoples of Ecuador; and the Fund for the Development of Indigenous Nationalities and Peoples of Ecuador.
Second.- Law of the Collective Rights of the Black or Afro-Ecuadorian Peoples, published in the Official Register 275 of May 22, 2006; Executive Decree No. 244, published in the Official Register No. 48 of June 28, 2005; as well as the Decree Executive N ° 279, published in the Official Register No. 73 of 27 April 2007, by which it was established The Development Corporation of the Afro-Ecuadorian People's Development Corporation (CODAE) and the transition from CODAE to CONDAE, respectively. Third.- Defeat Article 194, Article 195, literals (b), (c), (d), (e), (f), (l), (m), (n), (o), (p), (q), (r), (s), (t), (u), Articles 196, 197, 198, 199, 200, 201, 202, 203, 204, 298, 299, 300, 301, 302, 303, 304 of the Code of the Child and Adolescence.
Fourth.- Defeat Articles 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 of the Youth Act, published in the Official Register No. 439 of 24 October 2001.
Fifth.- Defeat Articles 89, 90, 91, 92, 93, 94, 95, 96, 97, 98 and 99 of Chapter I of Title III, of the Organic Law of Disabilities, published in the Official Register Supplement 796 of 25 September 2012.
Sixth.- Repeal all legal rules that are opposed to what is provided for in this law.
FINAL PROVISIONS
First.- The or the President of the Republic will dictate the Regulation for the application of the
Second.- This Law shall enter into force on the basis of its publication in the Official Register.
Given and subscribed, at the headquarters of the National Assembly located in the Metropolitan District of Quito, Province of Pichincha, on the first day of July of two thousand fourteen.
f.) GABRIELA RIVADENEIRA BURBANO, President.
f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.
DECENTRALIZED AUTONOMOUS GOVERNMENT OF CANTON FLAVIO ALFARO
Considering:
That in accordance with the provisions of Article 14 and Article 66 of the constitution of the Republic of Ecuador, recognize and guarantee to people the right to live in a healthy and ecologically balanced environment free of pollution and in harmony with nature.
That Art. 240 of the constitution of the Republic of Ecuador confers on the Autonomous Governments Decentralized legislative powers in the (ii) the scope of its territorial jurisdiction and jurisdiction;
That the numeral 2 of Art. 264 of the Constitution of the Republic of Ecuador confer on the Autonomous Decentralized Governments the exclusive competence to exercise control over the land use and occupation in the Canton;
That Art. 274 of the constitution of the Republic of Ecuador establishes decentralized autonomous governments in whose territory non-renewable natural resources are exploited or industrialized will have the right to participate in the income received by the state for this activity in accordance with the law;
That in Chapter First Art. 425 of the constitution of the Republic of Ecuador establishes the hierarchical order of application of the rules as follows: The Constitution; international treaties and conventions; the laws of the country; common laws; regional rules and district ordinances; decrees and regulations; ordinances; agreements and resolutions and other acts and decisions of public authorities.
constitution of the Republic of Ecuador establishes that the economic system is social and solidarity; recognizes the human being as a subject and an end; it proposes a dynamic and balanced relationship between society, state and market, in harmony with nature; and aims to guarantee the production and reproduction of material conditions and
economic system will be integrated by the forms of public economic organization, private, mixed, popular and solidarity, and the others that the Constitution determines. The popular and solidarity economy will be regulated according to the law.
That in Chapter IV Art. 284 of the constitution of the Republic of Ecuador establishes that economic policy will have among other objectives to ensure an adequate distribution of income and national wealth.
That Art. 301 of the Constitution of the Republic of Ecuador establishes that only by normative act of competent body can be established, modified, Exonerar and extinguishing TASAS and contributions;
