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14.
The Constitution includes some requests made during the long period of political
organization of the Ecuadorian indigenous peoples, which first had repercussions at the national
level during the 1990s. These requests were made, among others, by the Confederation of
Indigenous Nationalities (CONAIE), the Federation of Peoples of the Quechua Nationality of
Ecuador (ECUARUNARI), the National Confederation of Rural, Indigenous and Black
Organizations (FENOCIN), the Ecuadorian Federation of Evangelical Indigenous People
(FEINE), and the Ecuadorian Indigenous Federation (FEI). All these organizations, although not
always acting in unison, share the main demands of Ecuador’s indigenous peoples and
communities.
15.
In 1998, an Indigenous Peoples Commission was constituted in the National Congress.
Since its creation this had been led by an indigenous woman deputy, which facilitated both
the 1998 ratification of the 1989 International Labour Organization (ILO) Convention No. 169
concerning Indigenous and Tribal Peoples in Independent Countries, and the debate and
subsequent approval of the Indigenous Nationalities and Peoples Act. In November 2002 after
its adoption in full this was vetoed by the then president, Gustavo Noboa Bejarano.
16.
The constitutional rights of indigenous peoples have not yet been incorporated into
adequate secondary legislation, which has made the management of public policies,
administration of justice and allocation of resources to these peoples difficult. They are urging
action in this respect and have even suggested the need to convoke a new Constituent Assembly
on this issue. An oft-cited example of the failure to develop proper legal arrangements is the
lack of any regularization of indigenous land.
17.
Recent advances include the establishment of CODENPE, a representative and
participative authority, whose executive secretary holds the rank of a minister. The
establishment of DNSPI, DINEIB, the Ecuadorian Nationalities and Peoples Information and
Research System (SIDENPE), the Indigenous Peoples’ Development Fund (FODEPI) and
DINAPIN, as part of the Office of the Ombudsman, were also significant. As these institutions
were established by presidential or ministerial decree, they are not subject to government
legislation, which weakens their ability to shape policies and generate resources for indigenous
peoples.
III. HUMAN RIGHTS SITUATION OF THE INDIGENOUS
PEOPLES OF ECUADOR: PRIORITY AREAS
A. Impact of oil exploration on indigenous communities
18.
In the 1970s, oil exploration became one of the main economic activities and sources of
foreign exchange earnings in Ecuador. It is seen as an activity of national interest, through
which the State can regularly meet its current and social expenditures. The oil areas, particularly
in the Amazon region, were divided into “blocks” and subsequently granted in concession to
various transnational companies. These activities have had considerable impact on the
environment and living conditions of local peoples, particularly indigenous peoples, and
provoked tension and conflict between some indigenous communities, oil companies and the
State.