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Message: From El Universo....

From El Universo....

posted on May 31, 2008 08:18AM

Looks like good news as the indiginous people and the govt. have come to a decent compromise.



Indigenous to reiterate a non decree on prior consultation

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MONTECRISTI, Manabí. MONTECRISTI, Manabi. Marlon Santi de la Conaie (d) en la mesa 1, junto a la asambleísta Mónica Chuji (PAIS). Marlon Santi of CONAI (d) in table 1, next to the Assemblyman Monica Chuji (PAIS).
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Mayo 31, 2008 May 31, 2008

QUITO Quito

Since last May 8 is current Executive Decree No. 1040, which defines the procedure for "social participation" of communities in activities or projects that generate environmental impact, regulating articles (28 and 29) of the Environmental Management Act.

The Corporation Ecolex sees the action as a setback in the field of environmental law, in exchange for "advantages" that could represent in economic terms the implementation of these projects.

"The government position is to avoid at all costs both in the new Constitution and the existing legal step might be to have consultations whose results are applicable binding," said Patricio Hernandez, a member of Ecolex.

Recalls that the right to prior consultation was recognized in the 1998 Constitution and regulated in 2006 with Decree No. 1897 (repealed by the new regulations) and are covered by international instruments that Ecuador has signed, such as Convention 169 of the International Labour Organization (ILO).

The project seeks to remove "obstacles" to implementing projects that there is hydrocarbon, hydroelectric and mining, "which will generate tension with communities," he said.

. That's because, under Article 22 of the decree, if after complying with the procedure for social participation, or any indigenous community are opposed to carrying out activities that generate environmental impacts, these may not take place "unless the competent authority to insist on his execution, (and) will be resolved by higher authority ".

Article 9 states that the incorporation of criteria for citizenship, especially the affected population, will be considered and incorporated, "as long as it is technically and economically viable."

The organization, development and implementation of mechanisms for social participation will be carried out by institutions and state enterprises.

The social participation is a "tripartite effort": state, citizenship and concerned; within the catchment area, is considered the participation of government authorities sectional, parochial boards, indigenous organizations, or Afro-Ecuadorian community and the people who live there.

The decree was signed by Rafael Correa, president of the Republic; Marcela Aguinaga, Minister of Environment; Alecksey Mosquera, minister of electricity and Renewable Energy, and Galo Chiriboga, Minister of Mines and Petroleum.

The issue of the document is given at a time when the table 5 of Natural Resources of the House discusses the roads prior consent binding and there is a rupture inside the country, between the position of Monica Chuji, Assemblyman of that bloc, and Correa's president.
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