A/HRC/42/37/Add.1
84.
Environmental and social impact studies should be carried out with the full
participation of indigenous peoples and taking into account their cumulative overall
impact at the territorial level. Studies should be conducted of their impact on human
rights, including the rights enshrined in the United Nations Declaration on the Rights
of Indigenous Peoples and ILO Convention No. 169.
85.
The Special Rapporteur reminds the State that indigenous peoples should not
be relocated from their lands or territories without their free, prior and informed
consent. The enforced evictions carried out in the communities of Cascomi, Tundayme,
Nankints and other similar cases should be investigated; sanctions should be imposed
for any offence that may have been committed, and redress for victims and nonrepetition should be assured.
86.
The State should recognize and respect community water management systems
and guarantee access to the resource. All necessary measures should be taken to
prevent or reverse the serious impact of water pollution on the well-being and rights
of indigenous peoples to food, health and a healthy environment.
87.
The Special Rapporteur recommends that the outstanding actions ordered by
the Inter-American Court of Human Rights in its 2012 judgment in the Sarayaku case
should be fully implemented and expresses her concern about potential tendering of
oil concessions that could lead to a repetition of the violations that are the subject of
the judgment.
88.
The Special Rapporteur recommends the enforcement, without delay, of the
judgments issued by the national courts in keeping with the internationally recognized
rights of indigenous peoples and underlines the importance of respect for
independence.
Right to consultation and consent
89.
Decree No. 1247 should be repealed, and procedures should be set up for
dialogue with the indigenous peoples (“consultation on consultation”) on the adoption
of any legal, administrative and policy measures considered by the parties to be
necessary to the enjoyment of the right to consultation and to free, prior and informed
consent.
90.
Any legislative and policy instruments that were adopted without adequate
consultation with the indigenous peoples and affect their human rights should be
discussed and, if necessary, amended or abolished. No new legislation should be
adopted without adequate pre-legislative consultations.
Recognition of indigenous forms of governance and political participation
91.
The right of indigenous peoples to keep their own government institutions
should be respected and properly recognized by the State. A body that is independent
from the Government should be established to allow for recognition of indigenous
authorities with culturally appropriate procedures in keeping with their rights to
autonomy and self-determination. All irregularities in the registration of elected
indigenous authorities should be investigated and punished.
92.
Bearing in mind the plurinational nature of the State and to ensure the
adequate participation of indigenous peoples in political life, consideration should be
given to establishing a quota system, if they agree, in the institutions of the five
branches of government.
Coordination and cooperation among justice systems
93.
The necessary legislative, administrative and political measures should be taken
to ensure adequate cooperation and coordination between the ordinary and
indigenous justice systems, and the indigenous justice system should be provided with
the material means necessary for the effective exercise of their jurisdiction.
GE.19-11328
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