Violación al derecho a la consulta previa de las nacionalidades indígenas, en la explotación de los recursos no renovables en sus tierras”, “propuesta de reforma
This thesis entitled "Violation of the right to prior consultation of indigenous nationalities in the exploitation of non-renewable resources on their land", "Reform Proposal" is the product of a comprehensive study of the national reality because Ecuador has a long way to politi...
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| מחבר ראשי: | |
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| פורמט: | bachelorThesis |
| שפה: | spa |
| יצא לאור: |
2016
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| נושאים: | |
| גישה מקוונת: | http://dspace.unl.edu.ec/jspui/handle/123456789/9045 |
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הוספת תג
אין תגיות, היה/י הראשונ/ה לתייג את הרשומה!
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הוספת תג | סיכום: | This thesis entitled "Violation of the right to prior consultation of indigenous nationalities in the exploitation of non-renewable resources on their land", "Reform Proposal" is the product of a comprehensive study of the national reality because Ecuador has a long way to political and legal path to create the minimum conditions to regulate the mining industry so that it is sustainable and benefits local communities and the country, not transnational and private economies. One of the biggest challenges we face as a society is to insist that the State does not destroy the foundations of sustainability. The Ecuador has been defined as a state that bases its development model in the good life, which implies a paradigm shift in strategy for resources that meet the needs of Ecuadorians without compromising natural heritage. Most important of all is that we can not continue promoting and deepening worse extractive development model, based on the exploitation of natural capital, generating large amount of environmental liabilities, producing and sending the foreign raw materials and enveloping the country in the circle poverty. In this regard, organizations demand a mining law that respects the rights of nature, of indigenous peoples and communities, the government is no doubt that an evaluation be done to before making a decision that can be fatal to ecosystems remaining life in Ecuador, with the frame of reference it is the fact that our planet is enveloped in an undeniable environmental, food, energy, economic and moral crisis. We then require a model based on our true needs of food sovereignty, energy sovereignty, access to safe and plentiful water, social peace and solidarity, to ensure a decent life for present and future generations. For the above, I will transcribe the article to perform this profitable activity, it violates comprehensively as is Article 57 of the Constitution of the Republic which states: "It is recognized and guaranteed to the communes, communities, peoples and nationalities indigenous, in accordance with the Constitution and with the covenants, agreements, declarations and other international instruments on human rights, the following collective rights: Clause 7: The free, prior and informed consultation, within a reasonable time, on plans and programs for prospecting , exploitation and marketing of non-renewable resources found on their lands and that could environmentally or culturally affect them, participate in the benefits of these projects produce and to receive compensation for the social, cultural and social damages caused to them. The consultation to be carried out by the competent authorities will be mandatory and timely. If consent of the consulted community can not obtain, we will proceed according to the Constitution and the law. Similarly Convention 169 (Indigenous and Tribal Peoples) of the International Labour Organisation (ILO) states: "Article 61. In applying the provisions of this Convention, governments shall: a) consult the peoples concerned, through procedures appropriate and in particular through their representative institutions, whenever legislative or administrative measures which may affect them directly) establish means by which these peoples can freely participate, to at least the same extent as other sectors of the population, and at all levels in decision-making in elective institutions and administrative and other bodies responsible for policies and programs which concern them) establish means for the full development of the institutions and initiatives of those peoples, and appropriate cases provide the resources necessary for this purpose. The consultations carried out in application of this Convention shall be undertaken in good faith and in a manner appropriate to the circumstances, in order to reach an agreement or consent to the proposed measures. Article 151 of the Convention 169 determines that the rights of the peoples concerned to the natural resources pertaining to their lands shall be specially safeguarded. These rights include the right of these peoples to participate in the use, management and conservation of these resources. In paragraph 2 we are: "Where the State retains the ownership of mineral or subsurface resources or rights to other resources pertaining to lands, governments shall establish or maintain procedures to consult peoples concerned, to determine whether interests would be prejudiced, and to what extent, before undertaking or permitting any programs for the exploration or exploitation of such resources pertaining to their lands. The peoples concerned shall participate wherever possible in the benefits of such activities, and shall receive fair compensation for any damage suffered as a result of those activities. "One of the facts on which the New Mining Law is unconstitutional becomes regarding prior consultation. The new law does not provide an adequate consultation process, there is more severe contradictions in the law, which are nothing more than free constitutional violations. Mining activity in all its phases and under any of the techniques used for the exploration, exploitation or extraction of mineral resources affects the environment and therefore the lives of indigenous peoples. That is why it is intended to reform the Mining Law in Art. 87 third paragraph in that decision is respected in the community |
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