A/HRC/42/37/Add.1 mining activities are prohibited, based on the results of the national referendum of 2018. But other measures, such as designation of protected forests, high-biodiversity areas and water catchments, limit indigenous oversight without ensuring protection, given that many of them are affected by licences for extraction activities. 36. Indigenous peoples living in protected areas or in high-biodiversity territories or lands that generate environmental services are only allowed to participate in their management through environmental management plans developed by the Ministry of the Environment. They may benefit from programmes such as the Forest Partner or Páramo Partner programmes, but there are reports that in some cases, these programmes pay conservation incentives while at the same time issuing tenders for oil operations in the same area, such as in blocks 79 and 83 in Sápara territory. D. Right to consultation and consent 37. Despite the 2010 decisions of the Constitutional Court, the judgment of the InterAmerican Court of Human Rights in the case of the Sarayaku people and the observations and recommendations of United Nations human rights bodies, the necessary steps have not been taken to ensure the collective right of the indigenous peoples to free, prior and informed consent that is enshrined in the Constitution. 9 The Constitution guarantees the collective right to free, prior and informed consultation in the context of non-renewable resource projects (art 57.7) and pre-legislative consultation prior to the adoption of bills that might affect their collective rights (art 57.17). 38. The Constitutional Court drew attention to the obligation of the National Assembly to enact an organic law on consultation and provided some minimum guidelines on the matter. The Court emphasized the difference between the public consultations mentioned in article 398 of the Constitution and the right of indigenous peoples to be consulted on mining projects that affect them, stipulating that specific consultations must be held with them, pursuant to article 57.7 and relevant international standards. In the case of the Sarayaku people, the Inter-American Court on Human Rights established the obligation of Ecuador to pass adequate legislation on the right to prior consultation. 39. In 2012, in the context of the eleventh round of bidding, Decree No. 1247 10 was issued to regulate the process of prior consultation for the exploitation of oil resources. This decree was drafted without consultation with or the participation of indigenous peoples, in violation of provisions regarding pre-legislative consultation; it does not comply with international standards on the issue, as it views consultation as merely a matter of information dissemination and awareness-raising. It also goes against the rule of law by regulating and restricting a fundamental right by means of a rule of lower rank. 40. In connection with the so-called consultations held in the framework of the eleventh round over a six-month period with seven indigenous nations, the Special Rapporteur received reports of pressure and blackmail against members of the communities, including the signing of social investment agreements, before the consultations, with some of the leaders. There had been assaults, a lack of respect for the legitimate authorities, the generation of divisions within communities, culturally inappropriate procedures in terms of time and content, a lack of clarity regarding the process and its outcome, and a low level of participation of the indigenous population, among other problems. 41. As their right to consultation has been violated, the indigenous peoples have brought actions for protection, sued for access to information and submitted their complaints to the courts. In exercising their territorial oversight activities, the A’i Cofán community of Sinangoe discovered that 20 mining concessions had been granted in their territory and 32 9 10 GE.19-11328 Decision No. 001-10-SIN-CC of 10 March 2010, available at: http://portal.corteconstitucional.gob.ec/Raiz/2010/001-10-SIN-CC/REL_SENTENCIA_001-10-SINCC.pdf. Executive Decree No. 1247, regulations for the implementation of free, prior and informed consultation in bidding processes and allocation of oil-bearing areas and blocks. 9