By Daniela X. Cornejo
Picture courtesy of Daniela X. Cornejo.
On November 3, 2009, the Inter-American Commission on Human Rights (IACHR) examined constitutional violations the Ecuadorian government allegedly committed against indigenous communities. The petitioners — including the Center for Justice and International Law (CEJIL), the Ecuadorian Confederation of Indigenous Peoples (Confederación de Nacionalidades Indígenas del Ecuador or CONAIE), the Pachamama Foundation (Fundación Pachamama), the Regional Human Rights Support Foundation (Fundación Regional de Asesoría en Derechos Humanos or INREDH), and the Lianas Center Foundation (Fundación Centro Lianas) — denounced the state’s policies for not complying with rights the new Ecuadorian Constitution (effective October 2008) affords to indigenous peoples. The hearings provided an opportunity for indigenous leaders to formally condemn temporary measures that negatively affect indigenous communities, and for the state to present its progress in institutionalizing the rights afforded to those communities under the 2008 Constitution.
The NGO representatives alleged violations of their rights under Article 57 of the 2008 Constitution, which guarantees rights to indigenous communities, including the right to pre-legislative consultation (Article 57-7). The NGO representatives noted that the state violated Article 57-7 prior to passing new constitutionally based laws that will affect indigenous communities, including those that seek to live in isolation within Ecuador. The petitioner organizations cited instances where the state allowed multinational corporations to use land for oil and mineral extraction without consulting indigenous communities affected by the concessions.
In response, the state expressed its will to institutionalize procedures and mechanisms to ensure dialogue between the state and indigenous peoples and to respect the rights afforded under domestic and international law to these communities. It noted, however, that Ecuador is in the process of governmental restructuring and is still learning to implement a Constitution that came into effect a little over a year ago.
Nonetheless, the state cited steps that reflect its commitment to respect indigenous rights. Specifically, Presidential Decree 96, a first in Ecuadorian history, institutionalizes a mechanism for consulting indigenous peoples prior to creating new organic laws. Additionally, Decree 96 creates a Secretary of Indigenous Peoples to strengthen dialogue between the state, indigenous organizations, and civil society. Moreover, Decree 96 created a committee for formal dialogue with the CONAIE and other indigenous groups. In drafting a water resources law, the State said it worked through the committee to consult members of civil society, including the CONAIE and other indigenous organizations. In response to the issue of mining concessions, the state noted that there are provisionary measures in place that protect communities affected by these projects. For example, it noted that in areas where there are mining projects, the government has issued identification cards that will allow indigenous leaders to be properly identified and not harassed but rather protected by the police.
After the hearings, Marlon Santi, an indigenous leader dressed in native attire, stated that upholding indigenous rights under the new Constitution is of fundamental importance to peace, freedom, and most importantly for the continued longevity of his people. According to Santi, the IACHR hearing represents a demand for accountability, clear oversight mechanisms, and guarantees that indigenous peoples’ rights are respected.
Ecuadorian Ambassador Francisco Proano Arandi, representing the state, officially invited the Commission to visit Ecuador. He commented to the Human Rights Brief after the hearings that the next step for the state would include the further development of formal mechanisms that reflect the state’s commitment to respecting indigenous rights pursuant to the new Constitution. Hopefully, while the state continues to implement the young constitution, it will not make further temporary concessions without proper consultation to the indigenous communities, as even one such concession could mean long-term consequences for these communities.
