A/HRC/4/32/Add.2
page 2
Summary
This report is submitted in accordance with Commission on Human Rights
resolution 2001/57 and relates to the official visit paid to Ecuador from 24 April to 4 May 2006
by the Special Rapporteur on the situation of human rights and fundamental freedoms of
indigenous people.
Ecuador is a multi-ethnic and multicultural country of approximately 12 million
inhabitants. There are 14 officially recognized indigenous nationalities and the indigenous
population ranges from less than 10 per cent to more than 30 per cent of the total population,
according to various estimates. While the 1998 Ecuadorian Constitution embodies specific
collective rights for indigenous peoples and nationalities in various fields, these have yet to be
incorporated into the corresponding secondary legislation, making their full implementation
difficult.
The Government has established a number of State institutions to address the situation of
indigenous peoples, creating opportunities for indigenous people to participate in the
implementation of government policies. Over the years, the State of Ecuador has recognized
indigenous territories, particularly in the Amazon region, and has allowed communities to
negotiate agreements governing the use of land and resources. Indigenous organizations have
played an important role in negotiating forms of social and political participation with the
Government that have transformed them into a national political force.
Despite recent economic growth, the various indigenous economic, social and human
development indicators remain below the national average. In addition to accumulated problems
of low income and unemployment in indigenous communities, the issue of emigration has arisen.
To compound rural poverty, the situation of indigenous people living in urban areas, especially
women, has become increasingly difficult. Indigenous communities are also concerned about
the possible harmful effects of the outcome of negotiations on a free trade agreement.
Indigenous access to basic social services such as education and health is limited.
Bilingual intercultural education and health programmes for indigenous people have not borne
the expected fruit, principally owing to the shortfall in budgetary and technical resources.
The lack of compatible legislation in the area of indigenous justice leads to instances of
conflict between indigenous jurisdiction and ordinary justice. The non-existence of an adequate
ombudsman system, the lack of translators and the low level of intercultural sensitivity among
justice practitioners worsen problems concerning indigenous people’s access to the justice
system.