NINA AGRAWAL, RICHARD ANDRÉ, RYAN BERGER, AND WILDA ESCARFULLER Political Representation, Policy & Inclusion
Despite the constitutional endorsement of
Indigenous justice and five Indigenous members
( 4 percent) of congress, only one bill—to recognize
“food sovereignty”—has passed (barely).
Constituent Assembly, 1998
In drawing up the 1998 constitution, three bills relating to collective rights, plurinationality and land
and territory issues were introduced
by Indigenous representatives. Only
the bill proposing the incorporation of the collective rights of Indigenous peoples, in accordance with
Convention 169 of the ILO, was approved—though implementation
proved elusive. Meanwhile, the only
proposal specifically affecting the
Afro-Ecuadorian community was
made by an Indigenous representative, Nina Pacari Vega (Pachakutik),
to recognize the “pueblo negro” as a
distinct part of Ecuadorian society.
Afro-Ecuadorian groups lobbied in
favor of this recognition. It passed.
Constituent Assembly, 2008
In contrast to its strong presence
during the drafting of the 1998 Constitution, CONAIE found itself in a
moment of instability and internal
conflict during the 2007–2008 Constituent Assembly. 4 The relationship
between CONAIE and other umbrella
and grassroots Indigenous organizations was characterized by rupture
and a lack of cooperation. Despite
this, CONAIE introduced and secured approval of six articles in the
new constitution: recognition of the
plurinational character of the Ecuadorian state; interculturalism; land
and territory of Indigenous peoples;
the proclamation of Kichwa as an
AMERICASQUARTERLY.ORG
official language of Ecuador (as an
official language of intercultural relations); Indigenous justice; and environmental rights.
Afro-Ecuadorians’ level of representation during the 2007–2008 Constituent Assembly was the highest
in history. Nonetheless, they were
only able to secure passage of one
proposal—recognition of eligibility
for collective rights, along with the
Indigenous and Montubios (a coastal
people of mixed descent). The same
constitutional article criminalized
racially motivated acts of violence—
a notable victory for the Afro-Ecuadorian community, if only a symbolic
one. It wasn’t until a reform to the
code on penal procedures was approved—in March 2009—that the
guarantee gained any practical implications or mechanisms for enforcement.
National Assembly, 2009–2013
In the 2009-2013 session of the National Assembly, Indigenous representatives have so far introduced
seven legislative proposals, most of
them having to do with formalizing
cultural autonomy. One bill also proposes institutionalizing Indigenous
judicial systems for coordination and
cooperation with the established justice system. But despite the constitutional endorsement of the topic, and
their numbers in the National Assembly, only one bill—to recognize “food
sovereignty”—has passed (barely).
The remainder have been “
distributed”—accepted for debate and introduced to all representatives, but
have yet to be debated.
The only bill currently under consideration that would benefit the
Afro-Ecuadorian community is one
proposed by the Corporación de Desarrollo Afroecuatoriano (Corporation
for Afro-Ecuadorrian Development—
CODAE), the body within the executive branch charged with promoting
the development of the Afro-Ecuadorian peoples. The proposal, the
Ley Orgánica de Derechos Colectivos
del Pueblo Afroecuatoriano, defines
the collective rights of Afro-Ecuadorians under the most recent constitution, and specifies mechanisms
to enforce them.
Two legislative bills affecting Indigenous rights have been introduced by
Rafael Correa’s government: a bill on
water and a bill on mining. Although
both adhere in principle to the constitutional norm of respect for environmental rights and prior consultation
(consulta previa), they currently represent a challenge to Indigenous land
rights. The bill on mining, for example, mentions the necessity for prior
consultation of the Indigenous peoples but does not consider such consultation to be binding. 5 The National
Assembly ultimately approved the bill
on mining, despite the opposition
of Indigenous groups. But it shelved
the bill on water pending consultation with Indigenous communities.
101 Americas Quarterly SPRING 2012
