The rights of Ecuador's
indigenous peoples
Ecuadorian law
Article 247 of Ecuador’s Constitution specifies governmental control of subsoil resources on indigenous lands. This includes oil. However, the Constitution also provides that indigenous peoples must “be consulted regarding plans and programs of exploration and exploitation of non-renewable resources found in their territories,” and that “all state decisions that may affect the environment must also take into account ahead of time the criteria of the community, which must be informed.” A national law governing environmental standards dictates that failure to consult with communities before granting contracts with possible environmental impact renders the contracts “null and void.”
International law
International law regarding indigenous rights also backs consultation
of communities affected by development in Ecuador. In 1989, the International
Labor Organization’s Indigenous and Tribal Peoples Convention
resulted in a treaty known as ILO 169, which Ecuador ratified in 1998.
It stipulates the right of indigenous communities to be included in
decisions regarding the exploitation of natural resources on their land,
stating that "the peoples concerned shall have the right to decide
their own priorities for the process of development as it affects their
lives." Furthermore, ILO 169 states that in instances where the
state retains control over subsoil resources, the government must consult
with affected populations to assess the impact of exploiting those resources.
A2001 legal
ruling in Nicaragua supported, under international law, the
right of indigenous peoples to veto decisions regarding exploitation
of natural resources without their consent, according to The Advocacy
Project. The Inter-American Court of Human Rights decreed that the Nicaraguan
government violated the rights of the Awas Tingni people in granting
logging concessions without their consent. The Advocacy Project states
“this is the first binding decision that holds that indigenous
peoples have communal property rights to land and natural resources
based upon traditional patterns of use and occupation. Ecuador is a
state party to the American Convention on Human Rights, on which this
decision was based, and the Nicaraguan ruling could prove a critically
important legal precedent for Ecuadorian activists and their allies.”
Additionally, the United Nations has been working to adopt a Declaration
of Indigenous Rights since 1993. The draft
of the declaration has been tied up for ten years, mainly by Canada,
Australia, the U.S. and Britain.
© 2003 Matt Levitch