A/HRC/42/37/Add.1
V. Conclusions and recommendations
75.
The Constitution of 2008 provides a good basis for moving towards a new
plurinational and intercultural State model. During the past decade, however, the
necessary adjustments were not made to laws and policies to bring them into line with
the collective rights recognized in the Constitution and enshrined internationally.
Moreover, the direct participation of indigenous peoples in decisions on the common
future declined, an economic model based on extraction of natural resources without
adequate consultation was pursued, and violence and criminalization against the
indigenous peoples of Ecuador increased.
76.
The new Government assured the Special Rapporteur of its willingness to
replace confrontation with dialogue. Such dialogue should primarily address
structural problems that affect the fundamental rights of indigenous peoples,
especially their rights to their lands, territories and natural resources. The
commitments laid down in the Constitution cannot be fulfilled in the absence of full
recognition and implementation of the rights of indigenous peoples that are enshrined
in international human rights law.
General considerations
77.
The Special Rapporteur recalls the right of indigenous peoples to selfidentification. For the 2020 census, the National Statistics and Census Institute should,
in conjunction with the indigenous peoples, take steps to ensure the that the criterion
of self-identification is properly included.
78.
The Special Rapporteur commends the Ombudsman’s Office for its work in
connection with the rights of indigenous peoples and recommends that it should be
respected and its independence promoted.
79.
The Special Rapporteur encourages the Government to promote and
strengthen the direct participation of indigenous peoples and nations in all areas of
decision making and stresses that all the recommendations contained in this report
should be implemented in collaboration and cooperation with them.
80.
The Government of Ecuador is urged to ratify at an early date the Regional
Agreement on Access to Information, Public Participation and Justice in
Environmental Matters in Latin America and the Caribbean (Escazú Agreement).
Rights of indigenous peoples over their lands, territories and natural resources
81.
The State should ensure that indigenous peoples have legal certainty with
respect to their lands, territories and natural resources. To that end, as a matter of
urgency, it should adopt an accessible and effective system for awarding land that
allows for the full enjoyment of their territorial rights in accordance with
international human rights standards. Requirements for the establishment of
indigenous territorial districts should be harmonized with those standards to ensure
that indigenous peoples who wish to do so can use this option for exercising their right
of self-determination.
82.
The establishment and management of protected areas and other systems for
protecting indigenous peoples’ lands and territories should be the subject of proper
consultations and to free, prior and informed consent.
Exploitation of natural resources and other activities in indigenous territories
83.
Bearing in mind the violations of indigenous peoples’ rights arising from the
imposition without consultation of many extraction projects, the Special Rapporteur
recommends that no new concessions be granted without the free, prior and informed
consent of the indigenous peoples. Any concessions that are not in line with the
Constitution and with international standards on the rights of indigenous peoples
should be reviewed and, if necessary, cancelled.
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