A/HRC/45/44/Add.1 46. The Working Group requested information on the delay and neglect by the justice system and the Constitutional Court, and urged the judiciary to monitor compliance with the precautionary measures and other cases that are neglected and to respond to noncompliance with the precautionary measures. 47. In reply to the Working Group’s concerns, the Government provided information regarding the policy of mining concessions. According to that policy, interested parties or applicants, whether natural or legal persons, must comply with all the requirements established in the various application instructions for each case, which are analysed and verified by the various administrative units of this State portfolio together with the Mining Regulation and Oversight Agency, before the mining concession is issued. The Ministry of the Environment, in accordance with the principles of conservation and environmental prevention, reportedly continuously monitors mining activities to verify compliance with current environmental regulations through the processes of environmental regularization and control. The Government also made reference to the guarantees in the Constitution. 48. Despite the stated law and policy, the Working Group is deeply concerned by the activities of extractive industries, the lack of monitoring of and sanctions imposed on these industries, and the indifference by the State towards the grave human rights violations committed by them. These industries – forestry, palm and mining – are responsible for some of the most serious human rights violations. This is a situation of environmental racism due to the systematic contamination of water and the environment, threats and intimidation of communities of African descent, and insufficient efforts by the State to avoid, punish and repair such degradation. The State should not remain indifferent to the abuses and human rights violations committed by these companies. 49. The Working Group is also deeply concerned by the reports of impunity and ongoing violations of the human rights of plantation workers and their families by the Japanese company Furukawa Plantaciones. The Ombudsman’s report indicates that the majority of workers are of African descent, who work and depend on the extraction of abaca fibre without employment contracts or social security.13 The Ombudsman’s Office verified the situation in 17 camps for workers located in the Provinces of Santo Domingo de los Tsáchilas and Los Ríos, and found that the workers were at high risk of being evicted from the territories in which they lived because they were owned by the company. The camps did not have basic services such as drinking water, electricity, public lighting, or sanitary or toilet facilities. 50. According to information received, for 56 years, Afro-Ecuadorians have worked for the company under deplorable conditions. Children born on the farms do not have their births registered, denying them the right to nationality de facto. The children are forced to work instead of going to school. Neither the children nor their parents have identity documents. They have no access to health care or to other services. The Working Group met a man whose legs were twisted and broken while working. He needed an operation, but he did not have the necessary papers or money. The workers live in makeshift homes that do not qualify as adequate housing. In 2019, the authorities took initial action and suspended the operations of the company. The company is still operating and the workers are demanding justice and reparations for the harm suffered. In 2020, the Working Group learned that there had been forced evictions during the coronavirus disease (COVID-19) pandemic, which had aggravated the situation further. There is an urgent need for justice and reparations for the victims in this case, who continue to suffer harm. 51. The Working Group is concerned by the lack of access to justice for people of African descent. It welcomes the commitment by the current judges of the Constitutional Court, appointed in 2019, to address structural discrimination and the backlog of cases. Action must be taken to address the clear racial injustice in these emblematic cases and provide a remedy to the victims in accordance with the law. 13 10 Ombudsman’s Office, Informe de verificación de derechos humanos: La indigna situación de familias que viven dentro de las haciendas de abacá de la empresa japonesa Furukawa Plantaciones C.A. del Ecuador (Quito, 2019), p. 14.