GUIDELINES FOR IMPLEMENTING THE RIGHT OF INDIGENOUS PEOPLES TO FREE, PRIOR AND INFORMED CONSENT
by said measure. The information must be provided in the language of those
consulted and in a socio-culturally appropriate, complete, simple way, and must
include, when the case may be, studies conducted on the environmental and sociocultural impact and the project/programme document and/or legislative measure.
Thus, for example, the Instructions for Pre-legislative Consultation in Ecuador
expect the relevant issues to be published in languages of intercultural exchange
(Article 9). Said languages, according to Article 2 of the Constitution of the
Republic of Ecuador, are Spanish, Kichwa and Shuar. However, the same
constitutional article establishes that other ancestral languages are also official for
Indigenous Peoples in the areas where they live and in the terms established by
law. The State shall respect and stimulate their use and preservation.
As we analysed in section 4.3, the transmission of information in the language of
the peoples consulted is an important factor for compliance with the principle of
interculturality and the self-determination of peoples, guaranteed by international
instruments.
D. Internal evaluation by the Indigenous Peoples consulted
Article 7 of ILO Convention 169 recognises the right of Indigenous Peoples to
decide their own priorities for the process of development as it affects their lives,
beliefs, institutions and spiritual well-being and the lands they occupy or otherwise
use, and to exercise control, to the extent possible, over their own economic, social
and cultural development. On the other hand, the Declaration recognises that
Indigenous Peoples have the right to participate in decision-making in matters
which would affect their rights, through representatives chosen by themselves in
accordance with their own procedures, as well as to maintain and develop their
own indigenous decision-making institutions (Art. 18).
As a result of this right, the Indigenous Peoples consulted should have the opportunity
to evaluate the information provided them internally, without interference from
the State or agents promoting the consulted decision. The format and duration of
the internal process should be decided by the peoples, according to their traditional
and customary models of decision-making. In the process, the peoples consulted
should be able to access the technical counselling that they require, provided by
the individuals or entities selected by them and where the State cannot interfere.
This criteria is followed in the Instructions for Pre-legislative Consultation in
Ecuador which require that the internal discussion within the various levels of
organisation of the participating indigenous communes, communities, peoples and
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