A/HRC/42/37/Add.1 16. The Constitution of 2008 establishes Ecuador as a plurinational and intercultural State that is made up of different nations and peoples who work together to build a common State through intercultural dialogue. The construction of the plurinational State is based on the individual and collective rights of its nations and peoples being effectively guaranteed. The Constitution (art. 57) recognizes 21 collective rights of indigenous peoples, in addition to the indigenous justice system. It further recognizes the rights of nature and establishes sumak kawsay as an overall goal for all public actions. Despite the limitations noted at the time by indigenous organizations, the new Constitution seemed to provide a good basis for the construction of a new State model. 17. During the past decade, however, the requirement that legislation and public policies should be aligned with the Constitution and international law has not been respected. The existing legal framework is not consistent with these rights, and several of the laws that were adopted have been challenged by indigenous organizations as unconstitutional. 18. The Constitution establishes equality councils to mainstream the rights enshrined therein. The Act on Equality Councils, abrogating the Organic Act on Public Institutions of Indigenous Peoples (2007), was adopted in 2014. The National Council for Equality of Peoples and Nations, set up in 2016, is considered by the Government as the representative of indigenous peoples in decision-making processes; however, it does not have a mechanism for direct representation of indigenous peoples. This restructuring did away with the institutional autonomy of the indigenous peoples. Moreover, the government agencies whose activities have a significant impact on the fundamental rights of indigenous peoples do not have procedures for joint decision-making that are needed under the plurinational and intercultural approach. The establishment of forums for dialogue such as those set up in 2017 by the Ministry of the Environment represent a preliminary step that could lead to the positive changes necessary for full participation. 19. In meetings with government bodies, the Special Rapporteur was informed about initiatives aimed at mainstreaming gender equality and interculturality, such as the Policy Agenda on Defence of the Ministry of Defence. This and other ministries, including those responsible for the Interior, Health and Justice, have training modules on interculturality and human rights. The Special Rapporteur considers these developments to be positive but insufficient. 20. At the time of the Special Rapporteur’s visit, a process of assessment and restructuring of State institutions was underway, so most of the initiatives described were still in development. Although it is too early to judge the outcome of this restructuring, the Special Rapporteur is concerned that, on the whole, the legislative, institutional and policy measures do not appear to have been duly consulted with the indigenous peoples. IV. Key challenges pending A. Rights of indigenous peoples over their lands, territories and natural resources 21. The Constitution recognizes the right of indigenous peoples to maintain permanent ownership of their communal lands, which are to be inalienable, non-seizable and indivisible and exempt from fees and taxes; to maintain possession of their ancestral lands and territories and to have ownership awarded free of charge; and to participate in the use, enjoyment, administration and conservation of the renewable natural resources to be found on their lands. They have the right not to be displaced from their ancestral lands and to limit military activities in their territories, in accordance with the law, in addition to collective ownership of the communes as an ancestral form of territorial organization. 22. Following his mission in 2006, the Special Rapporteur, Mr. Stavenhagen, concluded that indigenous land ownership was not suitably covered by legislation, which had implications for the recognition and application of the rights of indigenous peoples to their ancestral lands and territories. This situation persists today. The Organic Act on Rural Lands and Ancestral Territories and the regulations thereto were adopted in 2016. The Act, GE.19-11328 5