Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre pueblos indígenas y tribales, 1989 (núm. 169) - Ecuador (Ratificación : 1998)

The Committee notes the detailed joint observations of the Ecuadorian Confederation of Free Trade Unions (CEOSL) and Public Services International (PSI), received on 23 October 2025, and the Government’s reply to these comments.

Follow-up to the recommendations of the tripartite committee set up under article 24 of the ILO Constitution

San Carlos Panantza and Warintza mining projects (Articles 6, 15 and 14 of the Convention). The Committee notes the report of the tripartite committee set up to examine the representation made by the PSI, the National Confederation of Public Servants of Ecuador (CONASEP) and the National Workers’ Federation of Provincial Governments of Ecuador (FENOGOPRE) alleging non-observance of the Convention by the Government, which was approved by the Government Body in March 2024 (GB.350/INS/17/5). In its report, the tripartite committee requested the Government to provide information on: (i) progress in the investigations of the acts of violence against members of the Shuar Arutam indigenous people in relation to mining projects in San Carlos Panantza in Morona Santiago; (ii) the studies on social, spiritual, cultural and environmental impact, and on the consultation of the Shuar Arutam people in relation to the mining projects in San Carlos Panantza and Warintza; (iii) progress in the process of titling the land traditionally occupied by the Shuar Arutam people; (iv) the adoption of a regulatory framework for consultation with indigenous peoples in the mining sector; and (v) the establishment of mechanisms for the participation of indigenous peoples in the development of a mining policy in relation to the formulation of programmes and plans that are likely to affect them directly. The Committee regrets to note that the Government has not provided specific information on these matters. The Committee therefore requests the Government to provide this information.

Article 3. Human rights. Climate of violence in the context of social protest. The Committee notes that the CEOSL and PSI refer to the situation of acute social and political conflict experienced by the country, as demonstrated by the national strike in September and October 2025 called in response to various economic measures adopted by the Government with an impact on the human rights of indigenous peoples. The CEOSL and PSI allege that: (i) in the context of the protests, the deaths of Efraín Fueres and José Guzmán, both members of indigenous peoples, were caused by the impact of bullets; and (ii) the criminalization of indigenous and trade union leaders and the rise in acts of hatred and racism by officers of the forces of order against the indigenous population. The Committee also notes that, in its communiqué of 29 September 2025, the Office of the United Nations High Commissioner for Human Rights in South America referred to acts of violence in the context of protests called by indigenous movements in September 2025. It also notes that, by Executive Decree No. 174 of 4 October 2025, the Government declared a state of emergency in various provinces in the country in view of the climate of violence. The Decree refers to attacks and abductions of members of the forces of order and attacks on public and private property during the protests.

The Committee notes the Government’s indication in its response that the national strike gave rise to issues of great social complexity, for which reason in its action the Government gave priority to the safety and collective rights of everyone. It emphasizes that dialogue is the principal, and priority means of resolving differences. It indicates that it engaged in dialogue with the indigenous movement and held round table meetings that resulted in partial agreements and the lifting of the stoppage. The Committee observes the recognition by the Government that three people died during the protests and that 217 persons were detained for acts of terrorism.

The Committee notes with deep concern the acts of violence denounced. While acknowledging the complexity of the situation, the Committee reminds the Government that it has the unavoidable obligation to promote and defend a social climate in which respect and the protection of persons is guaranteed. The Committee accordingly recognizes the action taken by the Government to re-establish dialogue with indigenous peoples. Under these conditions, the Committee urges the Government to take the necessary measures to: (i) protect the physical and psychological integrity of the indigenous peoples that are under threat or which may be subject to acts of violence; (ii) maintain a climate of dialogue based on the principles of the Convention in order to enable indigenous peoples to enjoy all the guarantees provided by the Convention; and (iii) initiate investigations to determine responsibilities and punish those guilty of the acts that have been denounced. The Committee requests the Government to provide information on this subject and in particular on the results of the investigations into the murders of Efraín Fueres and José Guzmán, and on the situation relating to the proceedings against the persons who were detained.

Article 6. Consultation on legislative and administrative measures. The Committee welcomes the measures adopted by the Government with a view to the establishment of a regulatory framework for the consultation of indigenous peoples concerning legislative measures that may affect them directly:

– the Basic Act on the legislative function, as amended (2020), Chapter XI.I of which provides that consultations shall be held prior to the adoption of any law which may affect the collective rights of indigenous peoples, requires the design of the consultation process to be approved by the Plenary of the National Assembly after hearing the opinion of the specialized commission responsible for the Bill, and where pre-legislative consultations are not considered necessary by the specialized commission, any member of the Assembly may move a motion calling for such consultations to be held;

– Executive Decree No. 604 of 2022 containing instructions for the application of pre-legislative consultations for the adoption of legislative acts by the executive authorities;

• the Basic Code on the organization of the territory, section 325 of which establishes the requirement for the legislative bodies of autonomous decentralized governments to consult indigenous peoples, within their respective territorial areas, on provisions which may directly and objectively affect their rights.

The Committee encourages the Government to continue taking measures for the holding of full and informed consultations which may lead to agreements with the peoples concerned. It requests the Government to provide examples of consultation processes set in motion by the General Assembly, institutions of the executive authorities or autonomous governments, with an indication of the agreements reached and the follow-up action taken for their implementation.

Articles 6, 7 and 15. Development projects. Mining. The Committee notes the adoption, by the Ministry of Energy and Mining, of Ministerial Decision No. MEM-MEM-2024-0002-AM, of 6 March 2024, containing the Manual on the operationalization of prior, free and informed consultation, as set out in Article 57(7) of the Constitution of the Republic of Ecuador for the adoption of administrative measures in mining concessions. In accordance with the Decision, consultation is compulsory prior to the adoption of administrative measures relating to prospecting, exploration, exploitation and commercialization plans and programmes for mineral resources in mining concessions located in the lands of indigenous communities that may have an environmental or cultural effect on them. Consultation is compulsory and shall be held prior to issuing the administrative measures, both during the exploration phase (which includes the activities of prospection, initial exploration, advanced exploration and overall economic evaluation of the deposit) and the exploitation phase (which includes the preparation and development of the deposit, extraction, transport, use, smelting, refining, marketing and closure of the mine). The proponent is required to act with sufficient flexibility to revise the administrative measures in relation to the plan and programme put forward for consultation, as a means of obtaining agreement through genuine intercultural dialogue, which shall be respectful, horizontal and dynamic, taking into consideration the cultural elements of those who are being consulted (section 5). The Government also refers to the adoption of Ministerial Decision MAATE-MAATE-2025-0045-A, of 23 May 2025, of the Ministry of the Environment, Water and Ecological Transition, containing the Environmental Regulations on mining activities (RAAM). The Decision establish, in section 24, the procedure for citizens participation in environmental consultations, which shall be carried out prior to obtaining the registration and environmental permits for mining activities. The Government emphasizes that both the Manual on the operationalization of prior, free and informed consultation on mining concessions and the Environmental regulations on mining activities seek to institutionalize prior consultation and the participation of indigenous peoples in light of the Convention.

The Committee also notes that, through Decision No. MAATE-SCA-2024-0043-R Quito, D.M., of 20 November 2024, the Ministry of the Environment, Water and Ecological Transition granted an environmental permit for the advanced exploration phase for metallic minerals in the operating area of the Panantza mining concession, once the process of citizens participation in environmental consultation had been carried out in July 2024, in accordance with the Regulations of the Basic Environmental Code. The Committee further notes the National Development Plan for the Mining Sector 2020-30, which provides for the enhancement of dialogue mechanisms between the State and the indigenous peoples of Amazonia in relation to the planning of mining development and the promotion of consultation in cases in which Government decisions and authorizations may affect the territory of those peoples.

The Committee notes the allegations by the CEOSL and PSI that up to now spaces and mechanisms have not existed to promote the participation of indigenous peoples in decision-making concerning policies in the mining sector. They add that mining concessions have been granted in areas in which the community life and subsistence activities of indigenous peoples take place, as in the case of the concessions in Las Naves (Bolívar province), Lomas Largas and El Mozo (Azuay province) without the respective consultations being held. The CEOSL and the PSI also allege that the lack of consultation has resulted in persistent and generalized situations of social conflict and an increasing number of criminal charges brought against various indigenous community leaders who have opposed the mining.

In this regard, the Government indicates that, although the implementation of consultation in strategic sectors gives rise to complexities, it has made efforts to strengthen the related mechanisms. It adds that, through intra-governmental coordination, it is seeking to mitigate and fully resolve social tensions in the areas affected by extraction projects, and has promoted interaction between the Government and the public and private actors involved in strategic national projects. It specifies that prior consultations were held on the development of the La Plata and Loma Larga mining projects. In the Loma Larga mining project, the commencement of extraction activities was temporarily suspended in August 2025 in according with a court ruling.

The Committee notes with concern the conflictual situation surrounding the implementation of mining projects that affect indigenous communities, which has given rise to polarization and has weakened trust between the various actors involved.

The Committee urges the Government to take the necessary measures to ensure that, in the framework of mining projects, the prior consultation processes envisaged in the Convention are carried out in a climate that allows constructive dialogue with the peoples concerned. It also encourages the Government to continue taking measures for the implementation of the prior consultation processes carried out under Ministerial Decision MEM-MEM-2024-0002-AM of March 2024, including information on the agreements reached and the action taken as a result.

Article 16. Relocation. The Committee notes that the CEOSL and PSI refer to various extraction projects that have resulted in processes of the dispossession of lands and the forced relocation of indigenous communities historically settled in the Cordillera del Cóndor, in Túndame parish. They add that violent acts of dispossession have been carried out, with the demolition of housing, schools and community spaces, with a direct impact on Shiar families and rural inhabitants. This has resulted in the loss of ancestral lands, the fragmentation of the social fabric and the displacement of communities without their consent, without adequate compensation and without respect for their cultural integrity. In its reply, the Government recognizes the need to ensure that consultation with indigenous peoples and nationalities is carried out in accordance with international standards and that, in certain situations, their free, prior and informed consent is required, especially for decisions that are likely to have a significant effect on their lands and forms of life.

The Committee requests the Government to take the necessary measures to ensure that, in accordance with Article 16 of the Convention, the transfer and relocation of indigenous peoples from their lands is an exceptional measure and takes place only with their consent given freely and in full knowledge of the situation, and to provide information in this regard, providing examples of the transfers carried out in accordance with this provision.

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