What the indigenous peoples of Ecuador should know
The nextNovember 16, Ecuador will decide whether or not it wants one new Constitution through a Constituent Assembly. The question seems simple, but its consequences are profound. If he wins “"Yeah"”, The entire political and legal system of the country could change. This includes the rights of indigenous peoples, the rights of nature and the plurinational character of the State who were recognized in the Constitution of 2008.
For the Original Kichwa People of Sarayaku, has been fighting for decades for the defense of the territory, the prior, free and informed consultation And with respect for Mother Earth, this vote is not a simple electoral formality: it is a decision about their future as a people.
[kleo_gap size=”30px”]
What does the popular consultation propose?
The most important question in this consultation seeks to determine if the public agrees on to convene a Constituent Assembly. That Assembly would be made up of 80 representatives elected by vote. They would have the power to write a new Constitution, which would replace the current one from 2008.
The official document ofNational Electoral Council (CNE) He explains that this Assembly would last about six months and could be extended a little longer. Once they finish drafting the new Constitution, the text would be submitted to another referendum for final approval.
In other words, if the "Yes" vote wins, Ecuador will begin a process of redefinition of the State that could affect existing rights.
⚠️ Risks to indigenous peoples and the Amazon
Although the official discourse speaks of “renewing the social pact” and “giving voice to the people”, there are serious risks to indigenous peoples and nationalities:
Possible elimination of collective rights:
The Constitution of 2008 recognizes rights achieved through years of struggle: the prior consultation, the collective ownership of ancestral territories, and the recognition of Ecuador as a Plurinational and intercultural state. There is no guarantee that a new Assembly will uphold these principles. It could even eliminate or weaken them.
Disappearance of the rights of nature:
The articles 71 to 74 the Constitution recognize the Pachamama as subjects of rights. This idea arose from the struggle of Amazonian peoples, including Sarayaku. If the Constitution is changed, this achievement could disappear and pave the way once again for... exploitation without limits of oil, mining and other resources.
Lack of real indigenous representation:
In theStatute of the Constituent Assembly, Each province would have one representative. In the case of Pastaza, where Sarayaku is, there would only be an assembly member, This makes it almost impossible for Amazonian peoples to have a direct voice in decisions.
Loss of sovereignty over territories:
A new Constitution could once again place indigenous territories under direct state control, justifying oil or mining concessions in the name of “"national security"” or of the “economic interest”.
Risk of ignoring international commitments:
A critical point is that the Constitution of 2008, article 417, acknowledges that the International human rights treaties have a higher legal standing than national laws.. Thanks to this, the State must comply with rulings such as the one in this case. “Sarayaku vs. Ecuador” (Inter-American Court, 2012), which protects prior consultation and indigenous territories. If a new Constitution eliminates or weakens that hierarchy, the country could cease to fully comply with those obligations, jeopardizing already recognized rights.
Threat to indigenous justice:
The Article 171 The current Constitution guarantees that the authorities of the peoples and nationalities exercise justice functions within their territories, in accordance with their own traditions and norms. This principle of legal pluralism It allows for the resolution of community conflicts autonomously and in accordance with the indigenous worldview. A new Constitution could redefine or limit this power by concentrating the administration of justice under a single state system, weakening the autonomy and recognition of ancestral jurisdictions, despite what the Constitution protects. ILO Convention 169 (Articles 8 and 9).
Setbacks in education, health, and employment:
Although these issues may seem unrelated to the territorial debate, they are fundamental for indigenous peoples. The intercultural bilingual public education (art. 26 and 28) It is key to maintaining the language and cultural identity. The right to health (art. 32) guarantees a system that respects traditional practices and knowledge, and right to work (art. 33) recognizes the value of community and agricultural work as the basis of good living (Sumak kawsay). If a new Constitution redefines the role of the State in these areas or reduces its responsibility, it could limit access to essential services in rural and Amazonian communities, deepening historical inequalities.
What could happen if the "Yes" vote wins?
A will be formed new Constituent Assembly with broad powers.
Many political functions will be temporarily suspended while the new Constitution is being drafted.
It could be redefined plurinationality, the prior consultation and the rights of nature.
The Amazonian peoples, due to their small population, would have minimum representation and little voice in the face of the major national parties.
For indigenous peoples, this could mean a return to the times when decisions about territory were made without consultation, opening the door again to oil exploitation wave militarization in the name of “progress”.
Why voting “NO” can be a defense of life
Vote “"NO"” is defend rights that the indigenous movement achieved with sacrifice. The Constitution of 2008 It was the fruit of the struggle of hundreds of communities and organizations that managed to include the principles of Sumak kawsay, plurinationality Y rights of nature. Say NO It means protecting that historic struggle and demanding that it be fulfilled, instead of risking it in a new Assembly where the people could be left out.
The Kichwa people of Sarayaku has taught the world that The land is not for sale, it must be defended. Today, that defense is also made at the ballot box. Before voting, let us remember that a new Constitution can be used to erase history and hard-won rights. That's why, Get informed, debate, and vote conscientiously It's a way of taking care life, the jungle, and the future of the next generations.
Can a Constituent Assembly change everything?
Yes. It will have the power to eliminate or modify any article, including those that protect indigenous rights or the rights of nature.
Will there be guaranteed indigenous representatives?
No. The Statute does not guarantee seats for peoples and nationalities; they are only elected by provinces and party lists.
Why is the current Constitution still important?
Because she was the first to recognize that Ecuador is plurinational and that the Pachamama has her own rights.
What about the prior consultation?
It could be redefined or disappear, allowing oil or mining projects without community permission.
What does voting “NO” mean?
It means defending the rights that already exist and that protect the life, territory and identity of the native peoples.
