CERD/C/ECU/CO/19
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The Committee reminds the State party of its general recommendation 25 (2000) on
gender dimensions of racial discrimination and recommends that it should take
special steps to protect the rights of women belonging to the indigenous peoples and
Afro-Ecuadorian communities. The Committee also urges the State party to take
immediate steps to put a stop to the murdering of indigenous women.
14. The Committee expresses concern at alleged ill-treatment and violence against some
indigenous peoples by the Armed Forces to secure the interests of oil, mining and logging
companies operating in indigenous territories (art. 5 (b)).
The Committee recommends that the State party should investigate accusations of
ill-treatment and violence against the indigenous peoples by some members of the
Armed Forces, and that those responsible should be punished. The Committee also
urges the State party to take prompt steps to prevent such acts, and in that regard
recommends that it should boost training for its Armed Forces in human rights,
including the provisions of the Convention.
15. The Committee notes with concern the low level of participation in political life by the
indigenous peoples and Afro-Ecuadorian communities, and the poor representation of indigenous
peoples and Afro-Ecuadorians in the Congress (art. 5 (c)).
In the light of its general recommendation 23 (1997), section 4 (d), the Committee
recommends that the State party should redouble its efforts to ensure full
participation by indigenous peoples and Afro-Ecuadorians, especially women, in
public affairs, and that it should take effective steps to ensure that all indigenous
peoples participate in the administration at all levels.
16. While the Committee takes note of the adoption of the Consultation and Participation Act
as a supplement to article 84 of the current Constitution, which requires prior and informed
consent, the Committee reiterates its concern at the exploitation of the subsoil resources of the
traditional territories of the indigenous peoples, and the fact that in practice the right of the
indigenous peoples to be consulted prior to the exploitation of natural resources in their
territories is not fully respected. It also expresses its concern at the negative health and
environmental effects produced by extractive activities at the expense of the exercise of the right
to land and the cultural rights of the indigenous peoples concerned (art. 5 (d) (v)).
The Committee urges the State party to enforce the Consultation and Participation
Act fully in practice and, in light of its general recommendation 23, section 4 (d),
consult the indigenous population concerned at each stage of the process and obtain
their consent in advance of the implementation of projects for the extraction of
natural resources. The Committee also encourages the State party to ensure that oil
companies carry out environmental impact studies in the areas where they plan to
begin operations before obtaining licences in accordance with the 2002 Government
decree.