Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Other comments on C169

Observation

Direct Request

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The Committee notes the Government’s report, which contains information and detailed documentation relating to its previous comments. The Committee requests the Government, when preparing its next report, to consult the social partners and indigenous organizations on the matters raised in the present comments, with indications on the results achieved by the measures adopted to give effect to the Convention (Parts VII and VIII of the report form).

Article 6 of the Convention. Pre-legislative consultations. Administrative measures. The Committee notes with interest that, in ruling No. 001-10-SIN-CC of 18 March 2010, the Constitutional Court found that Article 6 of the Convention is the generic framework regulating the prior consultations to be held before the adoption of legislative or administrative measures. The ruling facilitated the adoption by the Legislative Administration Council of the National Assembly of an instruction for the implementation of pre-legislative consultations, which has been in force since 27 June 2012. The Committee notes with interest that a specialized commission of the National Assembly is leading the consultation process, which includes the phases of preparation, public meetings, information and implementation, analysis of the results and closure of the consultation process. Indigenous organizations at the local, regional and national levels are called upon to participate in the consultation process. The instruction also envisages the holding of provincial hearings and a national dialogue round-table consisting of indigenous representatives and representatives of the National Assembly with a view to achieving consensus. The Committee invites the Government to provide information relating to cases in which pre-legislative consultations have been held when legislative measures are examined that are likely to affect indigenous peoples directly. Please also indicate the manner in which the peoples concerned are consulted when administrative measures likely to affect them directly are under examination.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

Prior consultation concerning hydrocarbon activities. With reference to Article 15 of the Convention, the Committee referred previously to the recommendations of the tripartite committee which emphasized the need to establish an effective mechanism for prior consultation with indigenous peoples before beginning or authorizing any programme for the exploration or exploitation of resources existing on their lands (paragraph 45 of document GB.282/14/2, of November 2001). In this regard, the Committee notes with satisfaction the adoption of the Regulations on the implementation of free and informed prior consultation for processes of tendering and the concession of hydrocarbon bearing areas and blocks, which has been in force since 2 August 2012. The Regulations also envisaged social benefits for the communities located within the area impacted by hydrocarbon exploitation. The Committee also notes with interest that the Mining Act, which has been in force since 2009, includes in section 90 the requirement for the State to implement a consultation procedure with the indigenous peoples affected by mining concessions, and that section 93 provides that part of the royalties from mining shall be destined for local development projects in communities located in areas impacted by the mining. The Committee invites the Government to provide information on the consultations held concerning hydrocarbon activities during the period covered by the next report and developments in the situation regarding the oil concessions referred to in previous comments. Please include information on the manner in which the participation of affected indigenous communities is ensured with regard to including the benefits from hydrocarbon activities (Article 15(2)).

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