CERD/C/106/D/61/2017 traditional authorities of the Escaleras indigenous community or the Confederación de Pueblos de la Nacionalidad Kichwa del Ecuador. Therefore, the petitioner should have been married by the competent State authority. Self-determination, autonomy and indigenous jurisdiction 4.4 The Committee notes that the 2008 Constitution, which establishes Ecuador as an intercultural and plurinational State (art. 1), recognizes and guarantees that “indigenous communes, communities, peoples and nationalities” hold collective rights to “freely maintain, develop and strengthen their identity, sense of belonging, ancestral traditions and forms of social organization”, to “preserve and develop their own systems of coexistence and social organization and methods for establishing and exercising authority in their legally recognized territories and on their communal lands of ancestral possession”, to “establish, develop, apply and practise their distinct or customary laws, provided that these do not breach constitutional rights, especially those of women, children and adolescents” and to “establish and maintain organizations to represent them, in the spirit of pluralism and cultural, political and organizational diversity. The State shall recognize and promote all their forms of expression and organization” (art. 57 (1), (9), (10) and (15)). The Constitution also establishes that “the authorities of indigenous communities, peoples and nationalities shall perform judicial functions, based on their ancestral traditions and their own law, within their own territory” and that the State must ensure that the judicial decisions of indigenous authorities, which are subject to constitutional review, “are respected by public institutions and authorities” (art. 171). The Committee notes that, in addition to the Constitution, the Organic Code of the Judiciary also establishes with regard to the “scope of indigenous jurisdiction” that the “the authorities of indigenous communities, peoples and nationalities shall perform judicial functions, based on their ancestral traditions and distinct or customary laws, within their own territory” (art. 343) and that the actions and decisions of civil servants must adhere to the principles of diversity “taking into account the law, customs and ancestral practices of indigenous persons and peoples”; non bis in idem, in other words “the actions of indigenous judicial authorities cannot be judged or reviewed by … any administrative authority”; “pro indigenous jurisdiction”, according to which “in case of doubt between the ordinary jurisdiction and the indigenous jurisdiction, the latter should take precedence so as to ensure its greatest possible autonomy and the least possible intervention”; and the “intercultural interpretation” of rights, bearing in mind “cultural elements connected to customs, ancestral practices, norms and procedures of the distinct law of indigenous peoples, nationalities, communes and communities” (art. 344). 4.5 In addition, the Committee notes that the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169), which the State party has ratified, protects the practices and institutions of indigenous peoples (art. 5) and stipulates that, in applying national laws to indigenous peoples, “due regard shall be had to their customs or customary laws” and that indigenous peoples “shall have the right to retain their own customs and institutions, where these are not incompatible with fundamental rights defined by the national legal system and with internationally recognized human rights” (art. 8). Similarly, the United Nations Declaration on the Rights of Indigenous Peoples establishes that indigenous peoples “have the right to self-determination” (art. 3). In exercising this right, they “have the right to autonomy or self-government” (art. 4), “to maintain and strengthen their distinct political, legal, economic, social and cultural institutions” (art. 5), “to practise and revitalize their cultural traditions and customs”, including the right to maintain, protect and develop the manifestations of their cultures, such as ceremonies (art. 11), “to determine the structures and to select the membership of their institutions in accordance with their own procedures” (art. 33) and “to promote, develop and maintain their institutional structures and their distinctive ... juridical systems or customs, in accordance with international human rights standards” (art. 34). The American Declaration on the Rights of Indigenous Peoples, meanwhile, establishes that “States shall recognize fully the juridical personality of indigenous peoples, respecting indigenous forms of organization” (art. IX), that “indigenous people have the right to promote, develop and maintain their institutional structures and their distinctive ... juridical systems or customs, in accordance with international human rights standards” and that “indigenous law and legal systems shall be recognized and respected by national, regional and international legal systems” (art. XXII). The Committee also notes that the Declaration establishes that GE.22-11683 7