A/61/490 21. Although this topic will be further discussed in the Special Rapporteur’s next submission to the Human Rights Council, he nevertheless wishes to take this opportunity to express some of his impressions. First of all, he has detected a vast juridical vacuum in the protection of indigenous rights. Although the 1998 Ecuadorian Constitution embodies specific collective rights for indigenous peoples and nationalities in various areas, these rights have not yet been incorporated into the corresponding secondary legislation, which has made it difficult for them to be fully implemented. The Government has set up a number of State institutions to address the situation of indigenous peoples, which has created opportunities for indigenous people to participate in the execution of governmental policies, but since they are not based on specific laws, they are institutionally weak. 22. Over the years, the State of Ecuador has recognized some indigenous territories, particularly in the Amazon region, and has allowed the communities to negotiate agreements governing the use of land and resources. However, much concern has been raised by the gradual destruction of the indigenous habitat and the impact of extractive activities, in particular the exploration and exploitation of oil, mining and forestry, on the environment and indigenous rights, mainly in the areas around the Amazon, the northern border and the Pacific coast. The problems faced by remote or voluntarily isolated populations deserve special attention, as they are adversely affected by the illegal felling of trees and other illicit activities in their territories. Oil exploration activities on indigenous lands have likewise triggered resistance in some communities, as in the case of the Sarayaku people in the Amazon region, who have sought protection from the inter-American human rights system. 23. Despite economic growth in recent years, the various indicators of indigenous peoples’ economic, social and human development remain below the national average. In addition to rural poverty, the situation of indigenous people living in urban areas, especially women, has become increasingly difficult. 24. The lack of compatible legislation in the area of indigenous justice leads to instances of conflicts of jurisdiction between indigenous jurisdiction and ordinary justice. Problems concerning indigenous people’s access to the justice system are worsened by the lack of an adequate ombudsman system, the absence of translators and the low level of intercultural sensitivity among justice practitioners and public officials in general. The Special Rapporteur has made several recommendations to the Government of Ecuador and proposals for international technical cooperation, which, if properly implemented, could improve the human rights situation of the indigenous people of Ecuador. B. Follow-up to the recommendations contained in the reports of the Special Rapporteur 25. At the request of the Commission on Human Rights, the Special Rapporteur carried out activities to study the follow-up in various countries to recommendations contained in his reports. In May he paid a follow-up visit to Guatemala, to determine what changes had taken place since his official visit in 2002. He was then able to confirm the importance and need for follow-up activities through governmental human rights monitoring mechanisms, national institutions and civil 06-55256 7