This report presents the observations and recommendations of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people regarding some of the progress made and challenges encountered in the implementation of the provisions on indigenous affairs set forth in the Constitution of Ecuador of 2008. These observations are based on the information exchanged with the Government of Ecuador and the visit made by Mr. Anaya to Ecuador from 7 to 10 December 2009.<\/p>\n
The Special Rapporteur considers that the Constitution of Ecuador of 2008 marks a considerable step forward in the recognition of the human rights of the country\u2019s indigenous peoples and sets an important precedent in Latin America and at the international level. The situations described in the report nevertheless reveal persistent gaps in the implementation of the human rights of indigenous peoples that are protected under national and international laws and regulations. The initiative currently under way to draft, with stakeholder participation, a law on coordination and cooperation between the indigenous and ordinary justice systems represents a notable effort to implement the constitutional provisions on indigenous affairs. It is essential for indigenous peoples and representatives of indigenous communities to participate fully in this effort to establish a legal framework for the indigenous justice system.<\/p>\n
Progress also needs to be made with other legislative initiatives to ensure that the rights of indigenous peoples recognized in the Constitution and international instruments are respected. Mechanisms for dialogue with indigenous peoples and nationalities on all new legislative proposals that may affect their rights or interests need to be established or strengthened in order to further consensus-building as part of the construction of a plurinational, intercultural State. These mechanisms should conform to constitutional and international instruments and be agreed upon with the indigenous peoples and nationalities concerned.<\/p>\n
The extraction and development of natural resources in indigenous territories poses an ongoing challenge for indigenous peoples, despite the fact that their rights in this respect have been recognized in national and international laws. This issue is linked to the inadequate legal protection afforded their lands and resources. Although the Special Rapporteur acknowledges the initial steps taken to set up mechanisms for consultations with indigenous peoples regarding the extraction of natural resources, major difficulties still need to be resolved in relation to both current and future projects. The Special Rapporteur recommends that the State refrain from promoting any investment, infrastructure, natural-resource extraction or development projects until broad-based, legitimate consultations have been held with the indigenous peoples concerned. He also recommends that they participate in all stages of such projects, as established by the Constitutional Court.<\/p>\n
The Special Rapporteur considers that the State should devote particular attention to the Tagaeri and Taromenane peoples who are currently living in isolation. Steps must be taken to avoid forced contact of any kind, including contact through petroleum development or logging activities, whether carried out by agents of the State, private enterprises or other parties.<\/p>\n
The Special Rapporteur hopes that these observations and recommendations will contribute to the efforts already under way to further the recognition and protection of the rights of indigenous peoples in Ecuador and intends to continue to monitor the implementation of the Constitution and the fulfilment of other commitments that the Government of Ecuador has assumed under international law.<\/p>\n
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