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Viewing cable 06QUITO1386, GOE INCLINED TO SUPPORT UN INDIGENOUS DECLARATION

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Reference ID Created Released Classification Origin
06QUITO1386 2006-06-06 22:09 2011-05-02 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Quito
VZCZCXYZ0001
OO RUEHWEB

DE RUEHQT #1386 1572209
ZNR UUUUU ZZH
O 062209Z JUN 06
FM AMEMBASSY QUITO
TO RUEHGV/USMISSION GENEVA IMMEDIATE 0336
RUEHC/SECSTATE WASHDC IMMEDIATE 4521
RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0074
INFO RUEHBO/AMEMBASSY BOGOTA PRIORITY 5664
RUEHCV/AMEMBASSY CARACAS PRIORITY 1770
RUEHLP/AMEMBASSY LA PAZ JUN 9854
RUEHPE/AMEMBASSY LIMA PRIORITY 0635
RUEHGL/AMCONSUL GUAYAQUIL PRIORITY 0591
UNCLAS QUITO 001386 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PREL EC
SUBJECT: GOE INCLINED TO SUPPORT UN INDIGENOUS DECLARATION 
 
REF: A. SECSTATE 78740 
 
     B. SECSTATE 78829 
 
1.  (SBU) PolOff presented reftel points to Augusto Saa, 
Director of Human Rights and Social and Environmental issues 
at the MFA, on May 22, emphasizing the USG view that the 
Chair's draft Declaration on the Rights of Indigenous Peoples 
is fundamentally flawed.  Saa said the GOE is inclined to 
support the draft Declaration, but said he would share USG 
concerns regarding the declaration with Ecuador's mission to 
the UN.  He agreed that more discussion of the declaration 
would be necessary before a final vote and said Ecuador would 
not push for passage of the Chair's text without greater 
consensus. 
 
2.  (SBU) Regarding the implementation of land rights as 
described in the declaration, Saa believed Ecuador was 
already in compliance.  Ecuador's 1998 Constitution already 
"mostly" complies with ILO convention 169 on Indigenous and 
Tribal Peoples in Independent Countries, to which Ecuador is 
a signatory including provisions on rights to subsoil 
resources, according to Saa.  The Constitution states that 
indigenous peoples are the legitimate owners of renewable 
resources on their territory and must be consulted regarding 
any development of non-renewable resources on their land, 
with these consultations allowing for community benefits from 
the resources.  Saa said that the GOE would have difficulty 
returning ownership of previously occupied indigenous land, 
but that currently the GOE was taking steps to provide 
communal land titling to indigenous.  Saa said that the GOE 
was most concerned with issues of self-determination and 
specifically did not wish indigenous laws to be superior to 
national laws.  Saa acknowledged that there could be serious 
legal implications for the implementation of the declaration 
in other countries. 
JEWELL