A/HRC/42/37/Add.1 more were being processed. The community brought an action for protection against the State institutions responsible. The judgment handed down by the Provincial Court of Sucumbíos in October 2018 reverted the mining concessions because they violated the rights of the people of the A’i Cofán community of Sinangoe to nature, water, a healthy environment, prior consultation, culture and territory. 11 It also called for redress of the damage caused. The Provincial Court of Azuay ordered suspension of the Río Blanco project owing to the lack of consultation. 42. With regard to pre-legislative consultation, in 2012 the National Assembly adopted a directive on pre-legislative consultation which must be implemented by the Assembly through the appropriate committee before the adoption of any laws that might affect the indigenous peoples. According to information provided by the Government, several prelegislative consultations have been carried out. These consultations have followed the model for public consultations without taking into account the standards applicable in the case of indigenous peoples. 43. The Special Rapporteur received information about the options being discussed to enforce the right to prior, free and informed consultation and consent, including regulations issued in the form of a law, institutions to be in charge of the procedures and indicators of implementation. In this regard, she wishes to stress that any initiative should be the result of an inclusive dialogue conducted in good faith between the indigenous peoples and the State (“consultation on consultation”) to ensure the implementation of these rights, which are important safeguards for the fundamental right of indigenous peoples to self-determination. E. Recognition of indigenous forms of governance 44. The Constitution recognizes the right of indigenous peoples to preserve and develop their modes of social organization and their authorities. Communities must register their government councils in order to ensure that they are recognized as legitimate authorities vis-à-vis the public agencies. Until 2015, the Council for the Advancement of the Nations and Peoples of Ecuador was responsible for legalizing and registering the statutes, boards and governing councils of indigenous peoples and nations. These duties were transferred to the National Secretariat for Policy Management in the Office of the President, which manages the Single Register of Civil Society Organizations. 45. Registering indigenous authorities and organizations under the same requirements as any other non-governmental organization is contrary to their constitutional status. The requirements placed on indigenous authorities and the inadequate status under which they are recognized limit their right to autonomy and self-government. Furthermore, there were reports of undue interference with the registration of elected authorities, which is tantamount to censorship and control. For example, the Sápara nation and the Ombudsman’s Office reported the non-recognition of the President-elect of the Sápara nation. Information was received about several cases involving the registration of parallel authorities that were close to the Government. F. Coordination and cooperation between justice systems 46. The Constitution (art. 171) recognizes the right of indigenous authorities to perform judicial duties and to apply judicial rules and procedures that are not contrary to the Constitution and internationally recognized human rights; it also provides that adequate coordination and cooperation must be established between indigenous and ordinary justice systems. It also establishes the State’s obligation to guarantee respect for the rulings of indigenous courts, which are subject to review for constitutionality. The Organic Code on the Judiciary (2009) outlines the competencies and functions related to the promotion of intercultural justice that would be within the purview of the Council of the Judiciary. 11 10 Case No. 21333201800266. GE.19-11328

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