A/HRC/42/37/Add.1
convicted of kidnapping for ransom and complicity in kidnapping, in the social
rehabilitation centre of Turi. There are numerous criminal charges against indigenous
authorities of the Movimiento Indígena y Campesino de Cotopaxi for carrying out their
judicial duties in cases such as the Chinaló case, which has resulted in the criminalization
of some 30 people.
53.
The lack of progress in the implementation of legal pluralism, coupled with
criminalization, is generating concern about repression, conflict and even extortion, as
reported in San Pedro del Cañar. The Council of the Judiciary reported on several measures
being considered to address this situation, including the setting up of truth commissions to
investigate cases of criminalization and the signing of a cooperation and coordination
agreement with the Confederation of Indigenous Nations of Ecuador.
G.
Criminalization, impunity and violence
54.
Criminalization, harassment and violence against members and leaders of
indigenous peoples have increased over the past ten years. This situation was documented
and reported to regional and international human rights agencies, and several cases came to
the attention of the Special Rapporteur.15
55.
In the context of discussions with the new Government in 2017, the Confederation
of Indigenous Nations of Ecuador submitted a request for amnesty for 225 persons who had
been criminalized which was rejected by the National Assembly. To date, the President has
granted eight pardons, including a pardon for Shuar leader José Acacho. The Ombudsman’s
Office, the Confederation of Indigenous Nations of Ecuador and the Public Defender’s
Office have called for the adoption of guidelines on amnesty, currently under discussion in
the Legislative Administration Council, which would expedite consideration of pending
cases.
56.
Criminalization has declined since the start of the new Government, but the abusive
use of criminal law has not yet been properly addressed. Violence, defamation, allegations
and threats have continued against indigenous leaders who oppose extraction projects that
are undertaken without consultation in their territories. There are still problems with the
definition of offences, even after the 2014 revision of the Organic Comprehensive Criminal
Code. Concerns remain about criminalization arising from the exercise of indigenous
justice and there are complaints about the criminalization of indigenous institutions, such as
the indigenous guards, as well as ceremonial practices or traditional subsistence practices
considered to be crimes against the environment.
H.
Self-development
57.
The three national development plans adopted after the recognition of sumak kawsay
in the Constitution were developed and adopted without effective participation of
indigenous peoples. In general, these plans promote an approach to development in which
priority is given to productivity, extraction of natural resources and economic growth.
58.
Owing to the lack of disaggregated and culturally appropriate indicators of the
socioeconomic situation of indigenous peoples, the multidimensional impoverishment of
many indigenous communities has been ignored. As a result, many indigenous people have
been forced to migrate to urban centres or to other countries, a situation that is aggravated
by the unavailability or loss of land. Those who emigrate face serious risks, including
trafficking, violence and exploitation in the formal and informal economic sectors. In the
province of Esmeraldas, the emigration of indigenous youth is a cause for concern.
Indigenous adolescents from Cañar and Azuay are migrating on clandestine routes where
they face serious danger.
15
12
ECU 4/2018, ECU 3/2018, ECU 2/2017, ECU 8/2016, ECU 1/2015, ECU 2/2014, ECU4/2013 and
others are available at https://spcommreports.ohchr.org/Tmsearch/TMDocuments.
GE.19-11328