A/HRC/4/32/Add.2
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7.
The Special Rapporteur also met representatives from the United Nations, international
cooperation agencies, the business sector, non-governmental and civil society organizations and
academic centres.
II. LEGAL AND INSTITUTIONAL FRAMEWORK
8.
Ecuador is a multi-ethnic and multicultural country of approximately 12 million
inhabitants. Its territory is often divided into four large regions: the Pacific Coastal region,
the Sierra (highland or Andean region), Amazonia (the most extensive region, yet containing
barely 5 per cent of the population) and the Galápagos archipelago.
9.
In ethnic terms, there are mestizo, Afro-Ecuadorian, white and indigenous populations,
the latter comprising 14 nationalities, of which the Quechua are the majority. No specific figures
are available for the total indigenous and Afro-Ecuadorian population. Depending on the
definition used, the census records the indigenous population at 6 per cent, whereas other
sources put it at between 35 and 45 per cent of the total. In 9 of the country’s 22 provinces,
indigenous people make up the majority or a significant minority of the population, while
approximately 12 per cent live in the highly urbanized cantons of Quito and Guayaquil.
10.
The 1998 Ecuadorian Constitution defines the State as a multicultural and multi-ethnic
body (art. 1). It lays down a significant range of specific collective rights for indigenous peoples
and nationalities (arts. 83 and 84), and establishes various political and administrative bodies
pertaining to such rights. Indigenous rights cover such areas as cultural diversity, identity,
territories, indigenous jurisdiction, official use of languages, health, education, economic issues,
cultural heritage, indigenous women, and indigenous border peoples.
11.
Various laws and executive decrees govern the realization and protection of some of
these rights, such as the Criminal Code (1971), the Decentralization and Social Participation
Act (1997), the Agrarian Development Act (1997), the National Human Rights Plan (1999), and
the Regulations on Consultation and Participation in Oil Activities (2002).
12.
Progress has been made on lands and territories. The emergence on the social and
political scene of the indigenous movement meant that, from 2002, the State began to return
ancestral territories amounting to approximately 4 million hectares to the peoples of the coastal
and Amazon regions, and began to recognize indigenous communal lands in the highland regions
as inalienable, imprescriptible and not subject to seizure. The National Institute for Agrarian
Development (INDA) is involved in allocating these lands, which are not put on the free land
market, and form the material basis of support for indigenous peoples. Titling of collectively
owned indigenous lands has permitted negotiations on the management of their natural
resources.
13.
Indigenous land ownership is not suitably covered by legislation. This therefore
frustrates efforts by communities and peoples to exercise their autonomy and to participate fully
in the management of natural resources in their territories. Various specialists believe that
territorial reorganization is needed if this pending issue is to be resolved, while respecting the
collective human rights of the indigenous peoples.