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the impact of the internal conflict in Colombia, illicit drug production and trafficking
activities, environmental degradation, the influx of indigenous refugees from Colombia and
the situation of violence and insecurity in the area. Concessions granted to oil and mining
companies must be reviewed. The State must shape public policies aimed at protecting the
various sectors, peoples and communities who live on the northern border, with their full
participation, including the right to free, prior and informed consultation.
88.
The Special Rapporteur recommends that Ecuador implement measures (including
those under CITES) to ensure rigorous control of timber species in indigenous lands, in
particular those inhabited by peoples in voluntary isolation, and coordinate actions with
the various State authorities to ensure effective protection in the trade and export of all
species.
C. Consultation, participation and recognition
89.
The Special Rapporteur recommends that all Ecuadorian authorities comply
with the provisions of the Inter-American Commission on Human Rights and the
Inter-American Court of Human Rights in the Sarayaku case, and more specifically, that
the State Procurator-General unconditionally uphold the unimpeded protection of the
Sarayaku community, including its rights, its land ownership and the life and physical
integrity of all of its members.
90.
The State must recognize the ancestral lands of the Shuar and other Amazonian
peoples who have yet to receive this recognition.
D. Security, social protest and justice-related activities
91.
The Special Rapporteur recommends that the armed forces abstain from
concluding service provision contracts with oil companies that could damage the rights of
the indigenous communities in whose territories they are operating.
92.
The Special Rapporteur recommends that Ecuador carry out a thoroughgoing
investigation into accusations of abuse and violence against members of indigenous
communities committed by some elements of the armed forces, under the auspices of the
said contracts, and that those responsible are punished. It is further recommended that
any inappropriate arrangement between the aforementioned companies and the armed
forces, which has its aim to protect the private economic interests of the companies and
could damage the legitimate rights of the indigenous peoples and communities in the
regions affected by the activities of the oil companies, be prevented.
93.
Following the disproportionate response of the authorities to the social protest
mounted by indigenous organizations during the state of emergency against the free trade
treaty, the Special Rapporteur recommends that the Government carry out a
thoroughgoing investigation into the events and punish, among others, those who abused
the human rights of the indigenous demonstrators.