A/HRC/42/37/Add.1 Tribal Peoples, 1989 (No. 169) of the International Labour Organization (ILO). New autonomous institutions were created which were controlled by indigenous organizations such as the Council for the Advancement of the Nations and Peoples of Ecuador, the Development Fund for the Indigenous Nations and Peoples of Ecuador and the National Directorate for Intercultural Health. Through participation in elections, indigenous representatives have held positions in local governments, developing innovative management models. Progress has also been made in the recognition and titling of indigenous lands and territories. 9. In the decade between 2006 and 2017, there was a regression in terms of respect for and protection and enforcement of indigenous rights in a context of repression and criminalization of indigenous persons involved in social protest, despite the fact that their collective rights are recognized in the Constitution of 2008. In many cases, this repression and criminalization arose from the imposition of an economic model based on the extraction and export of raw materials, which had a serious impact on indigenous lands, territories and natural resources. 10. In theory, equality and interculturality were mainstreamed, as autonomous indigenous institutions were eliminated. National development plans were designed without any meaningful input from the indigenous peoples, in keeping with a monocultural interpretation of sumak kawsay (the indigenous philosophy of “the good way of living”). In the Special Rapporteur’s view, the principle of equality has been implemented without taking into account the pre-existing situation of discrimination experienced by indigenous peoples. The imposition of this concept of equality completely disregards the collective rights of indigenous peoples, leads to discrimination in practice and hinders progress towards plurinationality and interculturality. 11. Following the change of government in 2017, the new Administration is in a process of transition and assessment of State institutions. The President has said that confrontation will be replaced by dialogue and participation. In this regard, the authorities have held and announced consultations with the people and organized discussions with the indigenous movement. 12. The Special Rapporteur was informed about the progress of these discussions. The Secretariat for Bilingual Intercultural Education was created, and pardons were granted to some persons who had been convicted for their involvement in social protest activities. In addition, some indigenous persons have been nominated or appointed to high-level positions in State institutions such as the National Electoral Council and the Council for Citizen Participation and Social Control. The Government also provided information on its commitment to indigenous rights at the international level. 13. Despite these positive steps, indigenous peoples told the Special Rapporteur about the main concerns they have in the current context. They noted the lack of results from discussions on substantive issues, such as their rights to their lands, territories and natural resources; respect for their authorities and justice systems; proper operationalization of consultations and free, prior and informed consent; and intercultural implementation of their economic, social and cultural rights. 14. They also reiterated their concern about the activation of previous mining and oil concessions and the tendering of new ones. Of particular concern is the fact that these measures, which will have a serious impact on the fundamental rights of indigenous peoples, were taken without proper consultation and without obtaining the consent of the indigenous peoples concerned. III. Indigenous rights and the legal and institutional framework since 2008 15. Ecuador has ratified the main international and regional human rights treaties, as well as ILO Convention No. 169, and it voted in favour of the United Nations Declaration on the Rights of Indigenous Peoples in 2007. The Constitution (art. 417) stipulates that international human rights instruments are directly applicable. 4 GE.19-11328

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