https://doi.org/10.37955/cs.v6i1.225
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eISSN: 2600-5743
Organizational and economic
structures of ancestral communes
Estructuras organizativas y económicas de las comunas
ancestrales
Egas Moreno Fanny Graciela
Master in Accounting and Auditing. Engineer in Accounting and Auditing
Universidad Técnica Luis Vargas Torres de Esmeraldas, Ecuador, fanny.egas@utelvt.edu.ec,
https://orcid.org/0000-0002-0188-6275
Quiñónez Cabeza Manuel Ruvin
D. in Economic Sciences. Luis Vargas Torres Technical University of Esmeraldas, Ecuador.
manuel.quinonez@utelvt.edu.ec, https://orcid.org/0000-0001-7617-6705
Abstract
The ancestral communes, as a form of organization, have their own
jurisdiction and collective territory, in which they exercise their
administrative, productive, social and cultural activities. The objective of this
research is to analyze the organizational and economic structures of the
ancestral communes located in the San Lorenzo canton, province of
Esmeraldas-Ecuador. The methodology was built from a documentary review
and interpretation, based on different constitutional, legal, regulatory,
statutory, doctrinal, books and scientific articles, as well as the information
requested and provided by the competent agencies. The results showed the
need to restructure the substantive and adjective norms that regulate the
existence, forms of coexistence, social organization and economic operations
developed in their legally recognized spaces. This implies coordinating,
planning, managing and executing the actions of each government instance,
with respect to the regime of the communes, for the achievement of the
common good.
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Resumen
Las comunas ancestrales, como forma de organización cuenta con su propia
jurisdicción y territorio colectivo, en el que ejercen sus actividades
administrativas, productivas, sociales y culturales. El objetivo de esta
investigación es analizar las estructuras organizativas y económicas de las
comunas ancestrales ubicadas en el cantón San Lorenzo, provincia de
Esmeraldas-Ecuador. La metodología se construyó desde una revisión e
interpretación documental, sustentado en diferentes disposiciones
constitucionales, legales, reglamentarias, estatutarias, doctrinarias, libros y
artículos científicos; al igual que la información solicitada y proporcionada
por los organismos competentes. Los resultados arrojaron la necesidad de
reestructurar las normas sustantivas y adjetivas que regulan la existencia,
formas de convivencia, organización social y operaciones económicas
desarrollados en sus espacios legalmente reconocidos. Lo que implica
coordinar, planificar, gestionar y ejecutar las acciones de cada instancia de
gobierno, respecto al régimen de las comunas, para la consecución del bien
común.
Palabras clave/ Keywords
Ancestral communes, organizational structures, economic structures
Comunas ancestrales, estructuras organizativas, estructuras económicas
Introduction
From a more general perspective, the commune "constitutes the group of
families settled in a given territory, who identify themselves as part of a
people and/or nationality, who base their way of life on a collective practice
of reciprocity and solidarity, with a system of collective political,
administrative, spiritual and cultural organization" (SIISE, 2008 cit. in Torres,
2009:14).
In this sense, the commune is the unit where ancestral, cultural and traditional
practices are developed, settled on collective lands, so that they participate in
the use and enjoyment of the natural resources found in their territories, as
well as preserve their own forms of coexistence and social organization.
In similar terms to the previous paragraph, communes are identified as "The
association of a group of production units that have rights over their delimited
territory which they control and usufruct: the collective exercise in matters
such as, among others, the allocation of land and water, (...) the distribution
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of positions and the organization of collective tasks; and the interaction with
other external institutions, from neighboring communities to the same State
in which they are inserted (Bretón, 1997: 74, cited by Álvarez, n.d.).
The territory constitutes the main basis of identity and relevance of the
ancestral communes, since from there, it gives way to the recognition of
customary rights, in which the State has the primary duty to ensure
compliance, among which stands out the conservation of community property
that cannot be divided or sold, and rather respond to the collective interests
of its inhabitants.
Therefore, the objective of this research is to analyze the organizational and
economic structures of the ancestral communes located in the San Lorenzo
canton, province of Esmeraldas-Ecuador, from a documentary theoretical
perspective, based on various sources such as regulations, books, scientific
articles and information provided by the Ministry of Agriculture and
Livestock, the Municipal Decentralized Autonomous Government of the San
Lorenzo del Pailón canton and the Provincial Federation of Communes; so
the methodology used is of the documentary theoretical type.
Consequently, the organizational structure of the ancestral communes is
represented by the cabildo, made up of the president, vice-president, treasurer,
trustee and secretary, who are responsible for ensuring the enjoyment of the
collective rights that belong to them; The community has the possibility of
generating economic activities, at a collective or individual level, so that they
have access to consumer goods, housing, food and other basic needs that
allow them to subsist, which is executed through the cultivation of the land,
management and exploitation of domesticated animals, mining, forestry and
deforestation, collection of products from the sea, mangrove and rivers.
Materials and Methods
The present research is of a documentary type, informative in nature, because
it depends fundamentally on written information, which implied the
compilation, revision, selection and analysis of the same, taking into account
epistemological considerations and contextualizing criteria in which the
knowledge was and is given.
This indicates an approach to the different concepts and perspectives of the
ancestral communes, in relation to their notion, organizational and economic
structure, from a documentary theoretical viewpoint; supported by printed
and electronic material: constitutional, legal, regulatory, statutory, doctrinal
provisions, consultation sources such as books and scientific articles; as well
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as the information requested and provided by the Ministry of Agriculture and
Livestock, the Autonomous Decentralized Municipal Government of San
Lorenzo del Pailón canton and the Provincial Federation of Communes.
This study focuses exclusively on the fifteen ancestral communities located
in the San Lorenzo canton of the province of Esmeraldas, which have
acquired legal existence and legal status from the National Agrarian Authority
(Ministry of Agriculture and Livestock).
Results
From a theoretical point of view, the notion and characterization of ancestral
communes is presented from different perspectives and authors, prior to
analyzing their organizational and economic structures, as follows:
According to the Organic Law of Communes of the Republic of Venezuela,
the commune is "a socialist space that, as a local entity, is defined by the
integration of neighboring communities with a shared historical memory,
cultural traits, uses and customs, which are recognized in the territory they
occupy and in the productive activities that sustain them." (National
Assembly of the Bolivarian Republic of Venezuela, 2010).
In this sense, the commune is a group of people with certain characteristics in
common, conserving and maintaining traditions, habits, qualities and
customs, in addition to living on communal lands, from which they extract
the natural resources produced in their territories, with the purpose of
satisfying and covering the needs of the population.
Article 2 of the General Law of Peasant Communities of the Republic of Peru
states that "peasant communities are organizations of public interest, with
legal existence and legal status, made up of families that inhabit and control
certain territories, linked by ancestral, social, economic and cultural ties,
expressed in the communal ownership of land, communal work, mutual aid,
democratic government and the development of multisectoral activities,
whose purposes are oriented towards the full realization of its members and
the country". (Congress of the Republic of Peru, 1987). .
In this context, Peru recognizes them as peasant communities, since they
acquire legal identity and are formed in rural areas, where their essential
condition is to have collective ownership of the land, so that their members
are organized to develop agricultural, forestry, livestock and fishing activities,
which contribute to the best use of their heritage; in addition to promoting and
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respecting the social, cultural, religious, customs, values and traditions that
are specific to them.
For Flores et al. (2021), from a broader perspective "a commune is a political-
administrative subdivision of a rural or urban area corresponding to instances
of local administration. In many countries the name commune refers to the
minor, local or basic administrative unit, some of these are Germany,
Argentina, Belgium, Peru, Chile, Colombia, Ecuador, France, Venezuela,
among others".
In Ecuador, the political-administrative division ranges from higher to lower
hierarchy, i.e. provinces, cantons and parishes that make up the different
levels of territorial organization of the Republic; in fact, there are two types
of urban and rural parishes, in the case of the ancestral communes of San
Lorenzo canton, they deploy their powers on the rural territory, they are
usually accentuated in comarcas, precincts or neighborhoods, whose
inhabitants live from agricultural and mining work that they obtain from
nature.
According to (Martínez, 1998) a community "is conceptualized in the
Ecuadorian case as a group of families that control varied resources
(individual and communal) and a micro-diversified ecological system,
develop cooperative relationships, mainly based on consanguineous or ritual
kinship, for common benefit".
Certainly, the ancestral communes are made up of diverse people with blood
ties or affinity, who mainly live in community and in voluntary society, and
in the place where they live, through community work, participate, enjoy and
take advantage of the natural or artificial resources that are produced or
generated in their respective sectors.
According to (Rayner, and Mérida 2019). Ecuador's communes "are
characterized, to varying degrees, by property relations involving usufruct
rights in inalienable lands, participatory democracy constituted in assemblies,
collective practices of communal work (mingas) and community festivals".
Particularly, the communes exist because of the physical space in which they
have historically generated an identity and sense of belonging, the ancestral
possession of inalienable lands and territories, with prohibition to alienate,
cede, sell or transfer, being allowed the use, administration and conservation
of the natural resources found in their lands, without this condition can
modify the characteristics of community property; as well as, the
conservation and implementation of management practices of the natural
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environment and the development of their own forms of coexistence and
social and economic organization.
According to (Andrade, 2016), "as a result of some historical processes of
resistance, there are human settlements that identify themselves as
descendants of the Kitus who maintain their own cultural and identity traits,
in some cases with the purpose of guaranteeing the collective ownership of
their territories, they have been legally recognized as communes and due to
their remote origin they have been given the qualifier of ancestral".
It is categorically reaffirmed that the communes are made up of individuals
and families that have acquired legal status through the recognition of their
ancestral lands, existing historically through the preservation of culture, uses
and customs, linked by common characteristics and interests.
The Plurinational and Intercultural Conference of Food Sovereignty of
Ecuador, in the proposed Law of Communes, Article 5, states that "the
Commune is a social organization settled within a local territory, which is
formed by people who have common interests, share the same collective
history, customs, traditions, knowledge, social and productive practices and
have a high sense of group belonging; For the purposes of this law, a
commune shall be understood as any populated center that does not have the
category of parish and that is known by the name of hamlet, anejo, barrio,
partido, parcialidad, palenque or any other designation".(Plurinational and
Intercultural Conference of Food Sovereignty, 2016). .
In Ecuador, the Plurinational and Intercultural Conference of Food
Sovereignty of Ecuador is a public body responsible for influencing the
construction, implementation and participatory monitoring of public policies,
whose purpose is to strengthen the communes within the framework of the
Intercultural and Plurinational State of Ecuador, In this context, the draft Law
of Communes conceptualizes the communes as a group of individuals who
share a history, needs and cultural, social and territorial potential, located in
areas outside the main city, not considered as parishes but which are also part
of the district of the same.
In similar terms, Article 1 of (National Congress, 2004) Article 1 of the
Constitution, determines the establishment and naming of the communes, as
"every population center that does not have the category of parish, that
currently exists or that will be established in the future, and that is known by
the name of hamlet, anejo, neighborhood, partido, community, partiality, or
any other designation, will bear the name of commune, in addition to the
proper name by which it has existed or by which it was founded".
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The Law of Organization and Regime of the Communes in force in Ecuador
defines communes as a concentration of contiguous, neighboring or adjoining
houses, inhabited by families whose purpose is the common good, located in
rural areas that, although they do not have the status of parish, must be
integrated into the territorial circumscription and boundary of the same.
The Constitution of the Republic of Ecuador recognizes and guarantees to the
ancestral communes, the collective right to "Preserve the imprescriptible
property of their communal lands, which shall be inalienable, unseizable and
indivisible. These lands shall be exempt from the payment of taxes and
duties". (National Assembly, 2008) .
Since 2008, when the Constitution of the Republic of Ecuador came into
force, the communes have obtained important recognition in terms of the
ownership of collective rights, especially in relation to the possession of
ancestral lands and territories, free adjudication and exemption from payment
of taxes, which guarantees that their communal properties cannot be subject
to alienation, seizure or division.
The Organic Code of Territorial Organization, Autonomy and
Decentralization, Article 103, in relation to community lands and territories,
"recognizes and guarantees to the communes, communities, indigenous
peoples and nationalities, the imprescriptible ownership of their community
lands which shall be inalienable, unseizable and indivisible and exempt from
payment of fees and taxes; as well as the possession of ancestral lands and
territories, which shall be awarded to them free of charge". (National
Assembly, 2010)
The constitutional recognition of ancestral communes is ratified in the
Organic Code of Territorial Organization, Autonomy and Decentralization,
by granting rights of protection of communal territories, through the control,
use and enjoyment of renewable natural resources found in their physical
spaces.
Article 5 of the manual of administrative procedures and formalities regarding
rural lands, (Ministry of Agriculture, Livestock, Aquaculture and Fisheries,
2017). , determines that "Community lands of ancestral possession of
communes, communities, peoples and nationalities that self-define
themselves as nationalities of ancestral roots and comply with ancestral
possession of more than 50 years shall not be considered rural lands of the
State. The State, through the National Agrarian Authority, will protect the
lands destined for the development of the indigenous, Montubio and Afro-
Ecuadorian populations; and will grant them free of charge".
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The Ecuadorian State strengthens the sense of belonging of the population
groups of ancestral origin, through collective property, as a substantial
element for the existence of the communes, a means by which its inhabitants
enjoy the right of usufruct and participate in the use of renewable natural
resources.
The Legal Statute of the Peasant Communities, regarding the use of
communal property, indicates that "The families of the same community shall
use the communal property in proportion to the number of its members; and
in the work carried out in common, the individuals shall receive the benefits
in relation to the work done by each one, except when the purpose is to carry
out works of collective use, such as canals, bridges and other similar works".
(Legislation Commission, 1976) .
The aforementioned norm seeks that when maintaining the possession of
ancestral lands and territories, the general interest prevails over the particular,
in relation to the free administration, use and enjoyment of the collective
goods owned or acquired in common, which will be the patrimony of all its
inhabitants, and will be adapted to the best convenience of each one of them.
After the theoretical tour on the notion of ancestral communities, Table 1
identifies the ancestral communities located in the San Lorenzo canton of the
province of Esmeraldas, the subject of this study, which have legal existence
and legal personality, granted by the Ministry of Agriculture and Livestock;
and are supported by the inventory that appears in the Property Registry of
the Municipal Decentralized Autonomous Government of the San Lorenzo
del Pailón Canton.
Table 1. Ancestral communities located in San Lorenzo Canton
No.
Name of Commune
Legal status
Ministerial
Agreement
Number
Date
1
La Loma Commune
234
25/09/1997
2
La Alegria Commune
235
25/09/1997
3
El Progreso Commune
335
31/12/1997
4
Guabal de Cachaví
Commune
187
13/08/1997
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5
Wimbicito Commune
193
22/08/1997
6
Los Ajos Commune
307
16/12/1997
7
Comuna Río Bogotá
0006'
12/01/1986
8
La Seiba del Sagrado
Corazón de Jesús
Commune
090'
05/05/200
0
9
Comuna San
Francisco de Bogotá
201
01/07/1998
10
Santa Rita Commune
Y/N
S/F
11
Commune of Afro-
Ecuadorians
Carondelet del Bogota
124
13/05/1998
12
La Boca Afro-
Ecuadorian Commune
163
02/06/1998
13
Comuna de
Afroecuatorianos
Lucha y Progreso
(Afro-Ecuadorian
Commune for
Struggle and
Progress)
379
10/12/1999
14
El Pan Commune
149
07/12/1992
15
Commune of Afro-
Ecuadorians
Barranquilla de San
Javier
318
17/12/1997
Source: Own elaboration, 2021.
Organizational structures
The Law of Organization and Regime of the Communes, specifies that the
governing body of the ancestral communes that are located in Ecuadorian
territory, is the Ministry of Agriculture and Livestock, with the power to
supervise administratively, legally and technically the actions developed by
these communities; even, in the same legal body, they are attributed the
competence to grant direct support in terms of material and intellectual
improvement of the associates, with economic financing for the acquisition
of collective goods, farmland, installation of industries, irrigation works,
equipment, tools, etc.and, in the conditions in which the agrarian authority
does not have attributions, to request to the other organisms of the State, the
collaboration to cover the necessities and priorities of these sectors.
These attributions are ratified in the Organic Functional Regulation of the
Ministry of Agriculture and Livestock, an instrument that delegates functions
to the Management Division of Peasant Organizations, in the following terms:
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"...f) Study, analyze and legalize the approval of legal status of communes,
cooperatives, associations, foundations and second degree organizations; (...)
h) Elaborate the regulations to supervise the administrative and financial
management of cooperatives, communes, associations and second degree
organizations;...". (Ministry of Agriculture and Livestock, 1998). .
Within this legal framework, the Ministry of Agriculture and Livestock gives
direct responsibilities to the Division of Management of Peasant
Organizations, in relation to the issuance of favorable reports that support the
preparation and signing of ministerial agreements that grant legal existence
and legal status to ancestral communities, as well as the preparation of the
regulations governing the control of the administrative and financial
operations of these social groups.
a) Ministerial Agreement 089 of June 29, 2018, issued by the Ministry of
Agriculture and Livestock, delegates to the provincial agricultural
directors, the following powers and administrative competencies, in
matters of institutional management:
b) To supervise the elections of the Communes under the jurisdiction of the
Ministry of Agriculture and Livestock, and extend by Resolution the
respective appointments to the winners of the same. Likewise, it shall
ensure the exercise of the collective rights of the communes within its
territorial jurisdiction, which are recognized and granted in the
Constitution of the Republic of Ecuador and in the Law of Organization
and Regime of Communes in the Legal Statute of the Peasant
Communities.
c) Approve the regulations for the election of the communal councils.
d) To remove and replace the members of the town councils that are immersed
in the cases established in Article 14 of the Law of Organization and
Regime of Communes.
e) To hear and process cases of acephalia or dissent of the communal cabildos
and appoint another cabildo for the remaining time. (Ministry of
Agriculture and Livestock, 2018, pp 5-6).
In the referred Ministerial Agreement, the functions and responsibilities
assumed by the provincial agricultural directors in their corresponding
circumscription are accurately described, that is to say, the powers in relation
to the ancestral communes, granted in the Law of Organization and Regime
of the Communes are expanded and specified; additionally, the agrarian
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authority, with Ministerial Agreement 137, dated October 26, 2018, adds the
following task:
g) To hear and resolve any controversies that may arise regarding the
formation of electoral rolls, communal registry of elections and election
procedures, challenges to communal assemblies and all those acts of the
organizations to improve their operation, and to safeguard the rights of the
members in accordance with the applicable regulations. (Ministry of
Agriculture and Livestock, 2018, pp 2-3).
With this additional regulation, a better formation is given to the treatment
and operation of the ancestral communes, so as to avoid incurring in vices or
nullities in the application of procedures, due to the lack or absence of the
norm and guidelines to follow; in this context, the agrarian authority has full
powers to give solutions to disagreements, contradictions, litigation, conflicts
or oppositions that are generated internally in these sectors and that could
affect the tranquility and harmony of the inhabitants of the communes.
It is important to highlight that the Plurinational and Intercultural Conference
of Food Sovereignty of Ecuador, through the draft Law of Communes,
establishes that the communes as a form of territorial ancestral organization
have their own jurisdiction, over which they exercise their administrative,
territorial and jurisdictional functions and project their actions on the basis of
the Collective Rights contemplated in the Constitution of the Republic of
Ecuador, Universal Human Rights, both individual and social rights; This
situation is not clearly determined in the Law of Organization and Regime of
the Communes, in force in Ecuador since April 16, 2004, without having been
modified.
In order to refer to the organizational structure of the ancestral communes of
the San Lorenzo canton of the province of Esmeraldas, we will base ourselves
on the current Law of Organization and Regime of the Communes, which
regulates the constitution and representation of these human settlements;
However, a summary of the Internal Regulations of the Communes, issued
since 1985, 1992, 1997 and 1999, with the character of being in force, in view
of the fact that they have not been reformed or repealed, in which effect, it is
considered that the bodies that govern the commune in its administration are:
the National Assembly, the Cabildo and the Special Commissions.
Table 1 shows a comparison of the administrative bodies of two ancestral
communes of San Lorenzo canton, between 1985 and 1999, which are
included in their respective internal regulations, in order to identify how they
are integrated and whether there have been any changes or modifications.
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Table 1. Comparison of the administrative bodies of two ancestral
communes, 1985 and 1999.
Internal
Regulations
Approved in third
session
August 2, 1985
Approved in third
session
April 11, 1999
Comuna Río Bogotá
Comuna de
Afroecuatorianos Lucha y
Progreso (Afro-
Ecuadorian Commune for
Struggle and Progress)
The General
Assembly
The General Assembly is the
highest authority of the
Commune and shall be
composed of all or the
majority of the communal
members in attendance,
men and women of legal age
and whose names appear in
the communal registry.
It is the highest authority
in the commune and is
made up of all or the
majority of the attending
community members,
men and women of legal
age, whose names appear
in the Register of
Community Members.
The Cabildo
The Cabildo is the
administrative and
representative body of the
commune; it will be
composed of the President,
the Vice President, the
Treasurer, the Trustee and
the Secretary.
The Cabildo is the
administrative and
representative body of the
commune, and is
composed of the
President, the Vice
President, the Treasurer,
the Trustee and the
Secretary.
Special
commissions
Attribution of the General
Assembly, to integrate the
commissions that are
necessary for the good
running of the commune,
chaired by the principal
members, appointed by the
General Assembly itself.
Attribution of the General
Assembly, to create and
form the special
commissions that are
necessary for the good
functioning of the
commune.
Source: Own elaboration, 2021.
As shown in Table 1, in relation to the way in which the administrative bodies
of the ancestral communes are integrated in the canton of San Lorenzo, there
have been no changes in their organic structure; also, the Law of Organization
and Regime of the Communes, in force, recognizes the Cabildo as the official
and representative body, and establishes in Article 14, that they must
represent the commune judicially and extrajudicially in all acts and contracts,
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having in particular, the management and administration of common goods,
(National Congress, 2004) Article 14 establishes that they must represent the
commune judicially and extrajudicially in all acts and contracts, having in
particular, the management and administration of the communal goods.
On the other hand, the town council is composed of five members, who serve
as president, vice-president, treasurer, trustee and secretary; these
appointments are made by election at a general assembly, presided over by
the political lieutenant of the parish, a member of the town council and a
citizen elected by the latter, the men and women of legal age will vote to elect
the town council, by written or verbal ballot, with immediate scrutiny, in
accordance with the provisions of Article 12 of the aforementioned Law.
Once elected, which will take place on any day of the month of December of
each year, by popular election or designation by the Ministry of Agriculture
and Livestock, the appointment of the cabildo will stipulate that their
functions must be exercised for one year, starting on January 1. Table 2 shows
for each ancestral commune located in the San Lorenzo canton, the numbers
of administrative resolutions, dates of issuance of the appointments, district
director who signed the resolution, and form of appointment.
Table 2. Appointments of the members of the Cabildo of the ancestral
communes of the canton of San Lorenzo
Name of
Commune
No.
Resolution
Date of
appointment
Esmeraldas
District
Director
Form of
appointment
La Boca
Afro-
Ecuadorian
Commune
002-DDE-
2021
27/01/2021
Dr. Rider
Sánchez
Valencia
Popular election
(complete
requirements)
Comuna
Río Bogotá
38-DDE-
MAG-2021
31/05/2021
Dr. Rider
Sánchez
Valencia
Designation (with
Ministry support)
Comuna de
Afroecuato
rianos
Lucha y
Progreso
(Afro-
Ecuadorian
Commune
for Struggle
and
Progress)
004-DDE-
2021
29/01/2021
Dr. Rider
Sánchez
Valencia
Popular election
(complete
requirements)
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Comuna
San
Francisco
de Bogotá
012-DDE-
2021
08/03/2021
Dr. Rider
Sánchez
Valencia
Popular election
(complete
requirements)
El Progreso
Commune
37-DDE-
MAG-2021
31/05/2021
Dr. Rider
Sánchez
Valencia
Designation (with
Ministry support)
La Alegria
Commune
043-DDE-
2021
23/08/2021
Cristhian
Flores Aguirre
Designation (with
Ministry support)
Guabal de
Cachaví
Commune
Designation (with
Ministry support)
La Loma
Commune
010-DDE-
2021
01/03/2021
Dr. Rider
Sánchez
Valencia
Popular election
(complete
requirements)
Wimbicito
Commune
41-DDE-
MAG-2021
03/05/2021
Dr. Rider
Sánchez
Valencia
Designation (with
Ministry support)
El Pan
Commune
015-DDE-
2021
11/03/2021
Dr. Rider
Sánchez
Valencia
Popular election
(complete
requirements)
Los Ajos
Commune
31-DDE-
MAG-2021
27/05/2021
Dr. Rider
Sánchez
Valencia
Designation (with
Ministry support)
Comuna de
Afroecuato
rianos
Carondelet
de Bogotá
006-DDE-
2021
08/02/2021
Dr. Rider
Sánchez
Valencia
Popular election
(complete
requirements)
Santa Rita
Commune
39-DDE-
MAG-2021
31/05/2021
Dr. Rider
Sánchez
Valencia
Designation (with
Ministry support)
Commune
of Afro-
Ecuadorian
s
Barranquill
a de San
Javier
041-DDE-
2021
19/08/2021
Cristhian
Flores Aguirre
Designation (with
Ministry support)
La Seiba
del Sagrado
Corazón de
Jesús
Commune
009-DDE-
2021
01/03/2021
Dr. Rider
Sánchez
Valencia
Popular election
(complete
requirements)
Source: Own elaboration, 2021.
The powers of the council are set forth in Article 17, (National Congress,
2004) In summary, they are: to dictate dispositions and freely reform the uses
and customs, relative to the administration, use and enjoyment of the goods
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in common; to lease part or all of the goods in common; to receive and accept
donations, legacies or adjudications of goods that are made in favor of the
commune; to defend, judicially or extrajudicially, the integrity of the territory;
to watch over the security and conservation of all the goods in common;
acquire goods for the commune; study the division of the common goods
owned or acquired by the commune, the possibility and convenience of their
alienation; promote the moral, intellectual and material improvement of the
commune; fix a monthly, annual or extraordinary fee, obligatory for all the
associates; impose a moderate contribution for the use of the collective goods.
In these circumstances, the law clearly defines and assigns the duties,
attributions and competencies that must be fulfilled by those who make up
the official, representative and executing body of the communes; in which
case, they must comply with and enforce the provisions of the Constitution of
the Republic of Ecuador, the Law of Organization and Regime of the
Communes, the Legal Statute of the Rural Communities, the Internal
Regulations; Election Regulations; and other resolutions adopted by the
Ministry of Agriculture and Livestock or the pertinent authority.
In the internal regulations of each ancestral commune of the San Lorenzo
canton, it compiles the different functions of the members of the cabildo,
separating for each one the activities and tasks that must be fulfilled in the
exercise of the designation received.
Table 2. Functions of the members of the Cabildo
Dignitaries of the chapter
Duties, powers or attributions
Chairman
- To arrange with his signature or verbally
the fulfillment of the activities inherent to
the commissions appointed by the General
Assembly.
- To call and preside over the general
assemblies and the meetings of the Cabildo,
preparing the corresponding agenda.
- Legalize with his signature the minutes,
communications, registration certificates of
the community members and other
documents or activities related to the
community.
- Authorize with his signature the expenses
up to one hundred thousand sucres; in case
of higher expenses, he shall require the
approval of the Cabildo.
- To supervise the economic accounting of
the communal cash office.
- To issue, jointly with the Treasurer, the
values for the collection of dues and other
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revenues in favor of the commune, which
shall be deposited by the Treasurer in a
bank account.
- Oversee the execution of programmed
works and ensure the proper maintenance
of the works carried out.
- Ensure that the community's dues and
other values of the entity are collected on
time and paid into the community's
account.
- Comply with and enforce compliance with
the provisions of the Law of Organization
and Regime of the Communes, the Legal
Statute of the Peasant Communities, the
Internal Regulations and the resolutions
issued by the General Assembly, the
Council and the Ministry of Agriculture and
Livestock.
Vice President
- To substitute for the President and perform
his duties in the event of absence,
temporary absence or definitive excuse.
- To assist in the administration of the
commune in all matters pertaining to the
President.
- Such other duties as may be assigned by the
General Assembly or the Board of
Directors.
Treasurer
- To keep accurate and clear accounts of the
commune.
- Collect ordinary and extraordinary dues
and other income corresponding to the
commune for any concept by issuing the
corresponding receipts and depositing such
amounts in a bank account.
- To keep the money, valuables and other
goods of the commune under his personal
and economic responsibility, providing a
personal or mortgage bond, if so resolved
by the Assembly or the Cabildo.
- Submit quarterly reports to the City Council
on cash movements, with the respective
discharge vouchers, as well as monthly
reports on delinquent debtors of the
municipality.
- Organize and update with clarity and
timeliness the inventories of all personal
property, real estate, equipment, etc., of the
municipality.
- To carry out the income and investments
authorized by the General Assembly, by the
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Board of Directors or by the President,
depending on the amount thereof.
- To prepare, together with the President, the
budget pro-forma and present it to the
Cabildo for approval and ratification by the
General Assembly.
- Such other duties as may be assigned by the
General Assembly or the Cabildo.
Trustee
- To take care and watch over, in close
collaboration with the President, that no
arbitrariness is committed within the
commune.
- To ensure faithful compliance with the Law
of Organization and Regime of the
Communes, the Legal Statute of the Rural
Communities, the Internal Regulations and
the resolutions of the General Assembly,
the Council and the Ministry of Agriculture
and Livestock.
- Advise and intervene in all judicial and
extrajudicial matters related to the interests
of the commune.
- To oversee treasury operations and report
monthly to the Cabildo.
- To ensure that harmony and cordiality
reign in the community and that the spirit
of solidarity is fully cultivated.
- To give suggestions to the Cabildo for the
best administrative progress of the
commune.
- To perform and fulfill the commissions
entrusted to him/her by the Assembly, the
Cabildo or the President.
Secretary
- To call meetings of the General Assembly
and the Cabildo, by order of the President,
and to act in them with punctuality and
diligence.
- To keep the minute books and prepare the
communications of the Cabildo,
subscribing them with the President.
- Organize and keep the register of
community members and periodically
inform the Ministry of Agriculture and
Livestock of the departure or entry of
members of the commune.
- To grant certified copies, with the prior
authorization of the President, on matters
related to the commune and of communal
interest.
- To act and attest to all matters relating to
the commune.
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- Any other duties as indicated by the Law of
Organization and Regime of the
Communes, the Legal Statute of the
Peasant Communities, these Regulations or
its superiors.
Source: Own elaboration, 2021.
In addition to the functions indicated in the respective internal regulations of
each ancestral commune, the Law of Organization and Regime of the
Communes prescribes for the president and the secretary to keep a record of
the names of all the inhabitants residing in each commune; in addition, to
keep an inventory book of the collective goods possessed by the commune,
in the model provided by the Ministry of Agriculture and Livestock, which
shall be delivered in authenticated copy to the aforementioned Ministry.
Economic structures
The tax administration of Ecuador, through Resolution No. NAC-
DGERCGC20-00000060, (Internal Revenue Service, 2020) establishes that
the main economic activity, "Consists of the development of an economic
activity previously registered in the Single Taxpayers Registry, whose income
obtained in a fiscal year exceeds other income obtained in any additional
economic activity"; adding to the above, a natural person, private or public
company, in order to generate income, is obliged to provide information to
the Internal Revenue Service, so that by registering, registering and
identifying itself, it can habitually exercise economic, productive,
commercial, labor, business, professional, agricultural, industrial, mining,
service or any other economic activity.
The ancestral communities, having legal existence and legal status, are
obliged to register their economic activities with the Internal Revenue
Service, constituted as private companies, obliged to keep accounts, classified
as non-governmental non-profit organizations or in the popular and solidarity
financial system; of the fifteen ancestral communities in San Lorenzo canton,
only thirteen have obtained the RUC (Registro Único de Contribuyentes),
under the following considerations, see table 3.
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Table 3 Single Registry of Taxpayers of ancestral communes in the canton of
San Lorenzo
Registration
Single Taxpayer
Reason
social
Economic
activity
Ranking
Stat
e
Start
date of
activities
Date of
cessation
of
activities
0891706413001
La Boca Afro-
Ecuadorian
Commune
Activities of
organizations
for the
protection
and
advancement
of special
groups, e.g.,
ethnic and
minority
groups.
Not-for-
profit
corporati
ons and
non-
governm
ental
organizat
ions
Acti
ve
02/06/199
8
0891723059001
Comuna de
Afroecuatorianos
Lucha y Progreso
(Afro-
Ecuadorian
Commune for
Struggle and
Progress)
Advocacy for
the interests
of trade
unions and
their
members;
activities of
associations
whose
members are
employees
primarily
interested in
making their
views known
on the labor
and wage
situation and
taking
concerted
action
through their
organization.
Not-for-
profit
corporati
ons and
non-
governm
ental
organizat
ions
Acti
ve
10/12/199
9
0891711468001
Comuna Río
Bogotá
Breeding and
reproduction
of cattle,
including hair
and
excrement
production.
Not-for-
profit
corporati
ons and
non-
governm
ental
organizat
ions
Acti
ve
12/01/198
6
0891703740001
Comuna San
Francisco de
Bogotá
Community
and
neighborhood
activities
Not-for-
profit
corporati
ons and
non-
governm
ental
organizat
ions
Liab
ilitie
s
01/07/199
8
03/07/2013
0891719647001
Afro-Ecuadorian
Commune
Advocacy for
the interests
of trade
Not-for-
profit
corporati
Liab
ilitie
s
17/12/199
7
21/08/2007
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Barranquilla de
San Javier
unions and
their
members;
activities of
associations
whose
members are
employees
primarily
interested in
making their
views known
on the labor
and wage
situation and
taking
concerted
action
through their
organization.
ons and
non-
governm
ental
organizat
ions
0891711549001
La Loma
Commune
Community
and
neighborhood
activities
Not-for-
profit
corporati
ons and
non-
governm
ental
organizat
ions
Liab
ilitie
s
25/09/199
7
28/05/2018
0891729189001
Wimbicito
Commune
Community
and
neighborhood
activities
Not-for-
profit
corporati
ons and
non-
governm
ental
organizat
ions
Liab
ilitie
s
22/08/199
7
05/02/2021
0891732627001
Guabal de
Cachabí
Commune
Forest
inventory and
timber stock
assessment
activities,
forest pest
control and
forest
management
consulting
services.
Not-for-
profit
corporati
ons and
non-
governm
ental
organizat
ions
Liab
ilitie
s
13/08/199
7
27/02/2015
0891736142001
La Alegria
Commune
Community
and
neighborhood
activities
Not-for-
profit
corporati
ons and
non-
governm
ental
organizat
ions
Liab
ilitie
s
10/05/201
2
07/12/2015
0891747152001
El Pan"
Commune
Advocacy for
the interests
of trade
unions and
their
members;
activities of
Popular
and
solidarity
-based
financial
system
Liab
ilitie
s
09/04/20
15
31/12/2015
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associations
whose
members are
employees
primarily
interested in
making their
views known
on the labor
and wage
situation and
taking
concerted
action
through their
organization.
0891747837001
La Seiba del
Sagrado Corazón
de Jesús
Commune
Activities of
community
and
educational
service
support
organizations
N.C.P.
Not-for-
profit
corporati
ons and
non-
governm
ental
organizat
ions
Liab
ilitie
s
12/06/201
5
06/11/2020
0891782888001
Afro-Ecuadorian
Commune El
Progreso
Activities of
organizations
whose
members are
primarily
interested in
the
development
and
ownership of
enterprises in
a particular
commercial
business
sector,
including the
agricultural
sector, or in
the economic
status and
growth of a
particular
geographic
area or
subdivision.
Not-for-
profit
corporati
ons and
non-
governm
ental
organizat
ions
Liab
ilitie
s
23/08/20
19
17/09/2019
0891763301001
Comuna
Afroecuatorianos
Carondelet del
Bogotá
Activities of
community
and
educational
service
support
organizations
N.C.P.
Not-for-
profit
corporati
ons and
non-
governm
ental
organizat
ions
Liab
ilitie
s
21/11/201
7
31/10/2020
Source: Own elaboration, 2021.
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Table 3 shows that three ancestral communes have the status of active, while
the others are in passive status, temporarily cancelled ex officio by the tax
administration. The latter category is presented when the taxpayer does not
exercise economic activity or there are no reports of economic transactions
carried out by the taxpayer through own or third party information.
In addition, the ancestral communes, since they are obliged to keep
accounting records, should declare the corporate income tax, in which they
consolidate the information from the financial statements: statement of
financial position and statement of comprehensive income; however, from
what is reported in the income tax, it is deduced that they declare the
information at zero or simply do not present it, so it is presumed that they do
not generate income from their economic activities registered with the
Internal Revenue Service, at least in an official or formal manner.
Table 4 shows the information reported by the ancestral communes of San
Lorenzo canton to the Internal Revenue Service for income tax incurred in
the last 10 years.
Table 4. Income tax registered by the ancestral communal lands of the canton
of San Lorenzo
Company name
Fiscal
year
Income tax
incurred
Observation
La Boca Afro-
Ecuadorian
Commune
2019
$0.00
2018
$0.00
2017
$11.00
2016
$0.00
2014
$0.00
2013
$0.00
2012
$0.00
2011
$0.00
Comuna de
Afroecuatorianos
Lucha y Progreso
(Afro-
Ecuadorian
Commune for
Struggle and
Progress)
2020
$0.00
2019
$0.00
2018
$0.00
2017
$0.00
2016
$0.00
2015
$0.00
2014
$0.00
2013
$0.00
2012
$0.00
2011
$0.00
Comuna Río
Bogotá
2020
$5.50
2019
$0.00
2018
$0.00
2017
$0.00
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2014
$0.00
2012
$0.00
2011
$0.00
Comuna San
Francisco de
Bogotá
2013
$0.00
2012
$0.00
2011
$0.00
Wimbicito
Commune
2018
$0.00
2017
$0.00
2016
$0.00
2015
$0.00
2014
$0.00
2013
$0.00
2012
$0.00
2011
$0.00
Guabal
Commune of
Cachabí
2014
$0.00
2013
$0.00
2012
$0.00
2011
$0.00
La Alegria
Commune
2014
$0.00
2013
$0.00
2012
$0.00
La Seiba del
Sagrado Corazón
de Jesús
Commune
2017
$0.00
2015
$0.00
La Loma
Commune
Taxpayer has no
information registered
in the IRS database or
reported by third
parties.
El Pan"
Commune
Taxpayer has no
information registered
in the IRS database or
reported by third
parties.
Afro-Ecuadorian
Commune
Barranquilla de
San Javier
Taxpayer has no
information registered
in the IRS database or
reported by third
parties.
Afro-Ecuadorian
Commune El
Progreso
Taxpayer has no
information registered
in the IRS database or
reported by third
parties.
Comuna
Afroecuatorianos
Carondelet del
Bogotá
Taxpayer has no
information registered
in the IRS database or
reported by third
parties.
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From the above, it can be deduced that the ancestral communes collectively
do not generate income according to their economic activities declared in the
RUC (Registro Único de Contribuyentes); its members individually exercise
jobs that allow them to receive income to access consumer goods, housing,
food and other basic needs of each family, which are: dependency
relationship, self-employment, business activity and liberal occupation;
related to the cultivation of land for food production, management and
exploitation of domesticated animals for production purposes, mining,
forestry and deforestation, collection of products from the sea, mangrove and
rivers.
The ancestral communities of the San Lorenzo canton are significantly
dedicated to the extraction, production and commercialization of the concha
prieta (Anadara tuberculosa), which economically represents the livelihood
of the families, since this bioquatic resource: "is marketed and has great
demand in the producing countries among them, therefore, of great export
potential to the United States, Europe and China, once its production is
increased and it complies with the safety regulations required by them".
(Prado, E., Martínez, M., Rodriguez, C., Núñez, Y., Quiñónez, M., Nazareno,
I., Egas, F. and Castillo, N., 2020). .
This process generates employment and income, as well as benefits for the
families in the area, according to the following statements (Quiñónez, M.,
Nazareno, I., Camacho, R. and Cedeño, M., 2020). The extraction of shell
(Anadara Tuberculosa and Anadara Similis) in its commercialization in
Cantón San Lorenzo, maintains a strong influence in one of the economic
activities that generate family income for the sustainability of 12% of the
economically active population.
With the coming into force of the Constitution of the Republic of Ecuador,
that is, October 20, 2008, date on which it was published in the Official
Registry, it recognizes and guarantees important collective rights in favor of
the ancestral communes, whose purpose is to protect the common interests,
the development and preservation of the cultural identity and sense of
relevance, the traditional practices of conservation and maintenance of
community territories and the traditional form of organization; that is to say,
the supreme legal norm establishes new parameters for conceiving the
customary rights of these ancestral groups, with a different perspective from
that embodied in complementary norms such as the Law of Organization and
Regime of the Communes, which entered into force on April 16, 2004 and to
date has not been reformed, as well as the Legal Statute of the Peasant
Communities, promulgated on October 7, 1976, which in general has not been
replaced; Both legal systems regulate the constitution, forms of coexistence,
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social organization, representation and use of communal property, which
merits that the Ecuadorian State carries out a comprehensive review and
analysis of these instruments that are in conformity, competence and
relevance with the Constitution of the Republic of Ecuador.
On the other hand, since the powers and competencies of the Ministry of
Agriculture and Livestock in relation to the ancestral communes are not
specifically established, it has developed parallel legal instruments, which
clearly expand the attributions of that governing body, as indeed occurred in
ministerial agreements 089 and 137 of June 29 and October 26, 2018;
resulting indispensable to gather in a legal body the conditions and elements
that guarantee the effective enjoyment and enjoyment of the rights that
integrate these communities.
In addition to the above, the internal regulations of the ancestral communes
of the San Lorenzo canton in the province of Esmeraldas, which establish the
constitution, domicile and purposes of the commune, administrative bodies,
powers and duties of the council's officers, rights and obligations of the
community members, administrative operations, management of communal
goods and funds, sanctions and general provisions, date back 36, 29 and 22
years, without having been modified until now, despite the legal provisions
issued subsequently.
Conclusions
In the theoretical framework, various concepts about the ancestral commune
are presented, in which it coincides as a group of social interest, united by a
culture, tradition, use and customs, which mainly inhabit lands of ancestral
possession, with the character of imprescriptible, inalienable, unseizable and
indivisible, in which case the State has the primary duty to ensure that it is
fulfilled; In addition to a series of acquired customary rights, which allow
them, among other aspects, to develop their own forms of coexistence,
administrative and social organization, usufruct of community property, free
strengthening of identity, protection of ancestral knowledge, with which they
exist and remain in daily life.
On the other hand, the governing body of the ancestral communes is the
Ministry of Agriculture and Livestock, with full powers to grant them legal
status, as well as to issue the regulations governing the control of the
administrative and financial operations of these social groups. The
organizational structure of the ancestral communes is represented by the
official body called cabildo, made up of the president, vice-president,
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treasurer, trustee and secretary, who are primarily responsible for ensuring
the effective fulfillment of the collective rights to which they are entitled.
Finally, the ancestral communities have the possibility of generating
economic activities, at a collective or individual level, so that they have access
to consumer goods, housing, food and other basic needs that allow them to
subsist, which is executed through the cultivation of the land, management
and exploitation of domesticated animals, mining, forestation and
deforestation, collection of products from the sea, mangroves and rivers.
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