Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes that according to the report of the mission undertaken in October 2005 by the ILO Subregional Office for the Andean countries, the Government will set up a working group in the Ministry of Labour to examine the measures to be adopted to give effect to the recommendations made by the supervisory bodies in relation to the Convention and will invite ILO officials to participate in its meetings to provide the necessary technical assistance. The Committee hopes that the Government will keep it informed of the activities of the working group and the progress achieved. The Committee also notes with interest that the Government has requested ILO technical assistance for the implementation of the project “Labour integration of indigenous peoples”, the objective of which is to improve the application of the Convention. The Committee awaits further information on the commencement and development of such assistance.

2. The Committee notes the difficulties encountered by the Government in providing the information requested to follow up the recommendations of the tripartite committee which examined the representation made by the Ecuadorian Confederation of Free Trade Union Organizations (CEOSL). The CEOSL alleged the failure to hold consultations through appropriate procedures, particularly with regard to the Shuar people, in relation to the granting of contracts conceding to individual contractors the right to carry out oil exploration and exploitation activities. The Committee notes with interest the Government’s request for ILO technical assistance to give effect to these recommendations. The Committee trusts that the Government will be in a position to provide detailed information with its next report on the effect given to the recommendations of the tripartite committee, and particularly on the following: the establishment of effective mechanisms for prior consultations; the progress achieved in practice with respect to consultations with the peoples situated in the zone of “Block 24”, including information on the participation of these peoples in the use, management and conservation of these resources and the benefits from oil exploitation activities, as well as their receipt of fair compensation for any damage caused by exploration and exploitation in the zone.

3. The Committee draws the Government’s attention to the fact that consultation is the instrument envisaged by the Convention to institutionalize dialogue with indigenous peoples, ensure processes of inclusive development and prevent and resolve disputes. Consultation within the meaning of the Convention endeavours to harmonize interests that are sometimes competing, through appropriate procedures. Accordingly, the provisions on consultation, and particularly Article 6, are the seminal provisions of the Convention on which the application of its other provisions are based.

4. Part VIII of the report form. The Committee, considering that the Convention is fundamentally an instrument that promotes dialogue and participation, wishes to remind the Government that this Part of the report form for the Convention, approved by the Governing Body, indicates that “although such action is not required, the government may find it helpful to consult organizations of indigenous or tribal peoples in the country, through their traditional institutions where they exist, on the measures taken to give effect to the present Convention, and in preparing reports on its application”. The Committee asks the Government to indicate whether such consultations have been held.

The Committee is also raising other points in a request addressed directly to the Government.