A/HRC/4/32/Add.2
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V. RECOMMENDATIONS
A. Legislation
81.
The Special Rapporteur recommends that the National Congress of Ecuador enact
legislation concerning the collective rights of indigenous nationalities, peoples and
communities, as established in the country’s Constitution, relating in particular to the
administration of justice; indigenous territorial areas; rules governing such economic
activities as oil operations, mining, logging, agriculture, fishing and tourism, in addition to
others that affect natural resources in indigenous territories; bilingual intercultural
education; conservation and preservation of the cultural heritage of indigenous peoples;
respect and protection of peoples in voluntary isolation; the right to prior, free and
informed consultation and consent in accordance with international law; indigenous health
services; prevention and punishment of sexual offences; exploitation in conditions of
servility, the forced and commercial exploitation of women and girls belonging to
indigenous peoples and nationalities; extension of various social services to indigenous
communities; biodiversity and environmental conservation and management; economic
development plans and projects; an office for the human rights of indigenous peoples; and
local, communal and regional forms of indigenous government.
82.
The Special Rapporteur recommends strengthening the legal arrangements
underpinning indigenous institutional structures in the various established bodies.
Specifically, the Special Rapporteur recommends that DINEIB, the Department for
Intercultural Health and CODENPE be given the appropriate legal status, and that the
necessary resources be assigned to them so that they can raise the quality of their services.
83.
The Special Rapporteur recommends that the Ordinary and Indigenous Justice
Compatibility Act be adopted and that the Government request the Office of the
United Nations High Commissioner for Human Rights (OHCHR) to provide technical
support for the legislative development of indigenous justice.
84.
The Special Rapporteur recommends that all Ecuadorian authorities, particularly
notaries and registrars of property, be trained in the legal system pertaining to ancestral
and historical indigenous territories and the creation of rights in rem.
B. Northern border and environment
85.
The Special Rapporteur recommends that the Governments of Ecuador and
Colombia appoint an independent international commission to study the effects of aerial
spraying on indigenous border populations. Corresponding binding measures are also
recommended, to provide compensation for the damages caused.
86.
The Special Rapporteur recommends that Colombia definitively halt the aerial
spraying of illicit crops in the border region with Ecuador.
87.
The Special Rapporteur recommends that the Ecuadorian Government draw up
and apply an emergency plan (in consultation with the region’s indigenous peoples) on the
critical situation of indigenous border communities (particularly the Awá), as a result of