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Ecuadorian Indigenous groups celebrate court ruling against government decree
🇵🇾 Paraguay /Elections & Politics

Ecuadorian Indigenous groups celebrate court ruling against government decree

From ABC Color · () Spanish

Translated from Spanish, summarized and contextualized by DistantNews.

At a glance

News From a news agency Context piece
  • Ecuador's Indigenous confederation (Conaie) celebrated a Constitutional Court ruling that declared a government decree unconstitutional.
  • The decree, issued under former President Guillermo Lasso, regulated prior consultation with Indigenous peoples.
  • Conaie stressed that collective rights should be regulated by law passed by the National Assembly, not presidential decrees, and urged swift legislative action.

The Confederation of Nationalities Indigenous of Ecuador (Conaie) has hailed a significant victory after the Constitutional Court declared a government decree unconstitutional. The decree, enacted during the administration of former President Guillermo Lasso (2021-2023), had sought to regulate the process of prior consultation with Indigenous, Afro-Ecuadorian, and Montubio peoples.

Conaie stated that the court's ruling validates their position that the collective rights of Indigenous peoples and nationalities cannot be subject to presidential decrees. Instead, such rights must be governed by an organic law approved by the National Assembly, Ecuador's parliament. This right to prior consultation is enshrined in the Ecuadorian Constitution, ensuring that Indigenous communities are heard before any norms affecting their rights are adopted.

the ruling confirms that the collective rights of peoples and nationalities cannot be regulated by presidential decrees approved by the Executive, but through an organic law approved by the National Assembly (Parliament).

— ConaieStatement from the Confederation of Nationalities Indigenous of Ecuador on the Constitutional Court's ruling.

Despite the decree's unconstitutionality, Conaie expressed concern that it will remain in effect until the National Assembly passes a new law. The organization issued a stern warning against any state institution exploiting this transitional period to conduct "government-controlled" consultations. They emphasized that any future consultation processes must respect the distinct authorities and procedures of each Indigenous people and nationality.

Moving forward, Conaie is demanding that the National Assembly prioritize and approve an organic law for prior consultation. Crucially, they insist that this law be developed through direct participation from the Indigenous peoples and nationalities themselves, ensuring their voices are central to the legislative process.

no state institution should take advantage of this transitional period to carry out consultations 'controlled by the government'.

— ConaieWarning from the Confederation of Nationalities Indigenous of Ecuador regarding the interim period before a new law is passed.
DistantNews Editorial

Originally published by ABC Color in Spanish. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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