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Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Ecuador (RATIFICATION: 1998)

The Committee notes the communication dated 1 September 2014, by which the International Organisation of Employers (IOE) includes Ecuador in its observations on the Convention. The Committee invites the Government to provide any comments that it considers appropriate in relation to the observations of the IOE.

Article 1 of the Convention. Identification of representative indigenous institutions. The Government indicates in its report that a single system has been established for the registration of civil society organizations under the responsibility of the Subsecretariat for Peoples and Interculturality, which has established a public database listing organizations which comply with the requirements set out in the national legislation for their establishment, operation, accreditation and control. The Committee invites the Government to continue providing information on the development of the database, indicating the measures adopted or envisaged in order to ensure that its operation has not excluded specific groups of the national population from the measures intended to give effect to the Convention.

Articles 2 and 35. Coordinated and systematic action to protect the rights of indigenous peoples. Administration. The Committee notes that the Subsecretariat for Peoples and Interculturality of the National Secretariat for Policy Management has coordinated the national indigenous policy since 2013. The plans of the Subsecretariat include providing support for the reinforcement of community relations and the establishment of structural communication channels between communities and the Government. The Committee notes that the Basic Act on citizen’s participation, which has been in force since 2010, envisages the establishment of local assemblies in indigenous territorial districts as forums for discussion so that the communities can have an influence on the cycle of public policies, propose development agendas and promote discussion of matters of interest to them. The establishment is also envisaged of citizen’s sectoral councils as forums for dialogue and the monitoring of ministerial policies. The Government reports the establishment in 2012 of the Sectoral Citizen’s Rural Council of the Ministry of Agriculture, Stock-raising, Aquaculture and Fishing (MAGAP) in which representatives of indigenous peoples can participate. The Committee requests the Government to indicate the manner in which the participation of the peoples concerned has been effectively ensured in the development of the programmes and measures promoted by the Subsecretariat for Peoples and Interculturality.

Articles 8 to 10. Indigenous justice. The Committee notes that the Basic Code governing the judiciary, which has been in force since 2009, provides in section 344 that judges, prosecutors, public defender and other judicial officers shall observe the principle of pro jurisdicción indígena, so as to ensure greater autonomy for indigenous jurisdiction and the lowest possible level of intervention by the ordinary jurisdiction. The Committee also notes that section 346 of the Code provides that the Judicial Council shall determine the human, economic and any other resources which are necessary for the establishment of efficient coordination and cooperation mechanisms between indigenous and ordinary jurisdictions. The Committee invites the Government to provide examples of the application in practice of the principle of pro jurisdicción indígena.

Article 14. Lands. Land registry. In reply to its previous comments, the Government indicates that the MAGAP has since 2010 been implementing a “Land Plan” programme which includes among its objectives the promotion of the process of granting title to the ancestral lands of communities, peoples and nationalities. The process of the adjudication of ancestral lands includes field visits to gather land survey data and socio-historical information on land possession. The communities concerned participate in the process of verifying the ancestral occupation of the lands to be adjudicated through local assemblies in which community authorities and leaders participate. The Committee notes with interest that between 2010 and 2013 a total of 559,308.36 hectares were adjudicated, benefiting over 50 communities in various provinces in the country. The Government also reports on the establishment of the Programme for the National Rural Lands and Technological Infrastructure Information and Management System (SIGTIERRAS), the objective of which is to gather and process updated information on the characteristics and boundaries of rural holdings. The Committee invites the Government to continue providing information on the results of the processes of granting title for indigenous communities.

Article 16. Relocation. The Committee notes that section 83 of the Basic Act on citizen’s participation provides that when, in consultation processes, there is majority opposition, the administrative body shall adopt a reasoned decision setting out parameters to minimize the impact on communities and ecosystems. Please indicate whether decisions have been adopted relating to indigenous peoples which have been removed and relocated due to the exploitation of natural resources, and the measures taken for their relocation and compensation.

Article 18. Intrusion. In previous comments, the Committee noted the concern expressed by the Ecuadorian Confederation of Free Trade Unions (CEOSL) regarding problems arising out of incursions into areas settled by the Tagaeri-Taromenani peoples, which are in voluntary isolation. In this regard, the Government refers in its report to the national policy on peoples in a situation of voluntary isolation, which has been in force since 2007, and is intended to ensure the existence and the physical, cultural and territorial integrity of peoples in voluntary isolation. The Committee notes that in October 2013 the National Assembly declared the exploitation of blocks 31 and 43 of the Yasuní National Park to be of national interest and requested the executive authorities to establish a system of comprehensive monitoring of extraction activities with a view of safeguarding the rights of the communities settled in that area. The Committee requests the Government to provide information on the measures adopted to prevent intrusions into the lands of indigenous communities, and particularly those inhabited by peoples in voluntary isolation. Please provide information on the sanctions established and effectively applied in cases of intrusion.

Article 20. Conditions of employment. The Government reports that, within the framework of a plurinational plan for the elimination of racial discrimination and ethnic and cultural exclusion, measures have been adopted to support the inclusion of persons belonging to indigenous, montubio and Afro Ecuadorian communities in the labour market under conditions similar to those of the rest of the population. The Government provides information on the adoption of affirmative action consisting of increasing the points attributed to Afro-Ecuadorian, indigenous and montubio applicants for jobs in the public sector. The Committee invites the Government to provide information on the impact of the measures adopted to prevent any type of employment discrimination against persons of Afro-Ecuadorian, indigenous or montubio origin and the measures that have been taken to ensure adequate labour inspection.

Article 32. Cross-border contacts and cooperation. The Committee notes the implementation since 2007 of the Plan Ecuador, the objectives of which include guaranteeing the security and promoting the welfare of populations living in the provinces on the northern border. Further to its previous comments, the Committee requests the Government to provide information on the manner in which the measures adopted have facilitated contact with indigenous and tribal groups across borders and the types of international agreements that have been concluded in this regard.