in this case there is no doubt regarding the right of the Sarayaku People to their territory, which has been fully acknowledged by the State in domestic proceedings (supra paras. 55, 61 and 62) and as an undisputed fact before the Court. The Court will now analyze: (a) the arguments of the parties, and (b) the obligation to guarantee the right to consultation, in relation to the rights to communal property and cultural identity of the Sarayaku People. A. Arguments of the parties A.1 Right to Property,149 in relation to the Obligation to Respect Rights,150Freedom of Thought and Expression,151 and Political Rights152 125. The Commission argued that the State had violated the rights recognized in Article 21 of the American Convention, in relation to Articles 1(1), 13, and 23 of this instrument to the detriment of the Sarayaku People and its members. In particular, it indicated that Ecuadorian law contains a number of constitutional and legal provisions on the rights of the indigenous Peoples that require the State to adopt special measures to guarantee the effective enjoyment of their human rights, without restriction, and to include measures to promote the full exercise of their social, economic and cultural rights, respecting their social and cultural identity, their customs, traditions and institutions. It added that, under Article 21 of the Convention and the case law of the organs of the interAmerican system, at the time the contract with the CGC was signed, the State had the obligation to consult its members in advance, in a free and informed manner, so that they could participate in the process and, if they considered it pertinent, seek judicial remedies. Thus, it also indicated that under an evolutionary interpretation of Article 21 of the Convention as it pertains to indigenous peoples’ rights, and based on its ratification of ILO Convention 169, Ecuador had the obligation to consult the Sarayaku People in a free and informed manner with specific procedural safeguards before approving the EIA. 126. Regarding Article 13 of the Convention, the Commission argued that, in the context of the consultation process, the State should have provided clear, sufficient and timely information on the nature and impact of the activities to be carried out and on the prior consultation process. It added that in a case such as this, access to information is vital for the proper exercise of democratic oversight of the State’s administration in relation to exploration and exploitation activities for natural resources in the territory of indigenous communities, a matter of evident public interest. At the same time, in relation to Article 23 of the Convention, the Commission mentioned that, by failing to inform or consult the Sarayaku People about a project that would directly impact their territory, the State was in breach of its obligation under the principles of international law and its domestic law to adopt all necessary measures to guarantee that indigenous Peoples are able to participate through their own institutions, and in accordance with their values, practices, customs and forms of organization, in decision-making on matters and policies that have or may have an impact on the social and cultural life of the indigenous Peoples. 149 Article 21 of the American Convention establishes: “1. Everyone has the right to the use and enjoyment of his property. The law may subordinate such use and enjoyment to the interest of society. 2. No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law […]”. 150 Article 1(1) of the American Convention establishes: “The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.” 151 Article 13(1) of the American Convention states: “Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice.” 152 Article 23 of the American Convention states: “1. Every citizen shall enjoy the following rights and opportunities: a) to take part in the conduct of public affairs, directly or through freely chosen representatives […]”. 32