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during the negotiations. For example, he had conveyed their concerns about biodiversity and
patents and there is reference in the draft treaty to the awareness of communities, who must be
consulted and who must give consent, the first time such a provision has been included in this
area. In addition, he said that he was aware of the impact that the treaty could have on the
countryside, particularly the land and water resources of indigenous small producers, which is
why they will remain outside the scope of the treaty. It is believed that some products for
domestic consumption, produced primarily by coastal indigenous peoples, such as rice, soya or
meat, would only be considered after 10 years, during which time the State should implement
support policies for these small-scale producers.
58.
In their discussions with the Special Rapporteur, indigenous organizations expressed their
distrust of the treaty and their disagreement with the Government. They fear that the effects on
the indigenous economy, particularly small producers, will be disastrous, as has been the case in
other countries. They demand that the indigenous peoples are consulted in negotiations on the
free trade treaty and that their needs are taken into account.
59.
Indigenous protests against the free trade treaty during the first months of 2006 drew the
attention of Ecuadorian society. In March 2006, indigenous organizations again held large
protests, taking to the streets and marching through cities, which included a march to Quito and a
strike by indigenous local authorities. They were demonstrating against both the Government’s
policies on free trade and on other matters and against the powerful oil companies.
60.
In response, the Government declared a state of emergency in various provinces and civil
society organizations reported acts of repression and police brutality in various parts of the
country (Imbabura, Pinchincha, Chimborazo, Cotopaxi, Tunguraha, Cañar, Pastaza and Zamora).
Reports were also filed of numerous acts of ethnic discrimination against indigenous people
(particularly women) that were recorded by the media. There were also violent clashes between
demonstrators and the forces of law and order, which led to injuries and arrests. Some media
outlets incited racial hatred against the indigenous population, accusing them of being
responsible for social protest and conflict in Ecuadorian society. After some weeks, the state of
emergency was lifted, but social tensions concerning the free trade treaty, oil companies and
government policies were still in evidence during the Special Rapporteur’s visit.
H. Administration of justice and indigenous justice
61.
Under the Constitution, ombudsmen shall be appointed to protect the interests of
indigenous communities and communities shall be entitled to use their mother tongue in any
action against them. The Constitution also states that indigenous authorities shall exercise
judicial function by applying their own rules and procedures to solve internal conflicts in
accordance with their customs or customary law. There are no legal provisions stipulating the
scope of the powers vested in the indigenous authorities under article 191 of the Constitution or
the manner in which these are to be exercised, nor has any law been passed to harmonize these
functions with the national system. In 2002, a draft bill to harmonize and allocate
responsibilities for the administration of justice was submitted to the National Congress, but,
following an unfavourable report by the Civil and Criminal Specialized Standing Commission,
the draft was shelved.