CERD/C/106/D/61/2017 3.11 Concerning the intercultural approach to his role as prefect in the Kichwa Kañari province of Azuay, which, according to the State party, is further evidence that there is no discrimination in Ecuador (see para. 2.3 above), the petitioner notes that, on the contrary, it was precisely to suppress his work that criminal proceedings were initiated against him, to the point that the Inter-American Commission on Human Rights was compelled to request precautionary measures on his behalf.9 In addition, the petitioner recalls that political analysts have described the detention of Ms. Lavinas Picq as an act of racism and retaliation against him on account of his work defending the rights of indigenous peoples, which he also carries out in his capacity as prefect.10 3.12 Lastly, the petitioner requests the Committee to safeguard his right to a marital union under indigenous jurisdiction by recommending that his marriage be recorded in the civil register so that he and his wife can obtain a family reunification visa on an equal footing with the rest of the population. Issues and proceedings before the Committee Consideration of the merits 4.1 The Committee has considered the present communication in light of all the submissions and documentary evidence produced by the parties, as required under article 14 (7) (a) of the Convention and rule 95 of its rules of procedure. 4.2 The Committee notes that the petitioner alleges a violation of articles 1 (4), 2 (1) (a) and (2) and 5 (d) (iv) of the Convention in that the failure to recognize the jurisdiction of the traditional indigenous authorities who officiated his marriage – a ceremony that was conducted in accordance with indigenous culture and customs for millennia, before the construction of the State – and the consequent failure to recognize his marriage constitute an act of discrimination, as a result of which he is being prevented from enjoying the same civil rights as those whose marriages are officiated in accordance with the State party’s laws. The Committee also notes that, according to the petitioner, denying him a family reunification visa and recommending that his marriage be officiated by an ordinary civil authority amounts to forced assimilation into the State institution of civil marriage. That is in contravention of the Constitution, which establishes Ecuador as a plurinational State, safeguards the right of indigenous peoples and nationalities to apply and practise their distinct or customary laws and permits them to exercise judicial functions based on their ancestral traditions and their own laws. In the petitioner’s view, the Directorate General for Civil Registration, Identification and Certification is obliged to respect these constitutional norms, as well as international law, which recognizes the right of indigenous peoples to self-determination in matters of jurisdiction, procedures and their own, age-old institutions and establishes that, in applying national laws to indigenous peoples, States must have due regard to their customs and customary laws. 4.3 The Committee notes the State party’s argument that indigenous marriages are not banned in Ecuador and that the refusal to register the ancestral marriage in this case did not stem from an institutional stance against any particular racial group or ethnicity. The Committee also notes the State party’s argument that the officiation and registration of civil marriages in Ecuador is the exclusive competence of civil registry officials and the Directorate General for Civil Registration, Identification and Certification and not that of the 9 10 6 The Commission considered that “Yaku Pérez Guartambel was in a serious and urgent situation, given that his rights to life and personal integrity were at risk of irreparable harm” and requested that Ecuador: (a) adopt the necessary measures to guarantee the rights to life and personal integrity of Yaku Pérez Guartambel; (b) adopt the necessary and culturally appropriate measures to guarantee that Yaku Pérez Guartambel could continue to carry out his duties as a human rights defender without being subjected to threats, harassment or acts of violence in the exercise thereof. No. 67/2018, precautionary measure No. 807-18, 27 August 2018. Available at https://www.oas.org/en/iachr/decisions/pdf/2020/res_85_mc-807-18-ec_en.pdf. El Comercio, “Carlos Pérez Guartambel solicitó al Registro Civil la inscripción de su matrimonio ancestral” (Carlos Pérez Guartambel applies to the civil registry for registration of his ancestral marriage), 27 June 2016. Available at https://www.elcomercio.com/opinion/racismo-protestasopinion-ecuador-indigenas.html. GE.22-11683