Historic decision in favor of the Sarayaku People orders definitive deadline to comply with IACHR ruling

Puyo – Washington DC, January 18, 2024. The Constitutional Court of Ecuador issued a historic ruling that grants a new six-month deadline for the prior consultation to be carried out before the removal of explosives that threaten the lives of the Sarayaku people. It also orders that the National Assembly consolidates the draft laws on prior consultation under discussion and move forward with the legislative process. This decision was made known with sentence 60-19 AN-23 of January 9, 2024, within the action followed by the Sarayaku People against the Ecuadorian State for non-compliance with the sentence of the Inter-American Court of Human Rights.

In 2012, the Inter-American Court condemned the Ecuadorian State for violating the right to consultation of the Sarayaku People in relation to an oil project in their territory. More than 20 years ago, a ton and a half of explosives were left by the oil company CGC in the sacred territory of the Sarayaku, which not only affects what the people know as Kawsak Sacha (living and conscious being), but also poses a threat to the life and integrity of the members of the inhabitants of the region.

In the framework of a press conference called by Sarayaku people, Hernán Malaver, President of the Kichwa Sarayaku People, stated that “this is a very important sentence because it is the highest instance of the Court of Ecuador. The Sarayaku people will be vigilant, demanding that the State complies with this order of the Constitutional Court”.

In its 2012 ruling, the Inter-American Court ordered the State of Ecuador to carry out a series of measures: among them are a call to remove the explosives, to regulate the exercise of the right to consultation in accordance with human rights standards, and to comply with consultations with the Sarayaku People when it intends to carry out projects in their territory. These measures were not complied with by the State within the period granted by the sentence; hence the Sarayaku People’s sue for non-compliance before the Constitutional Court.

Mario Melo, lawyer for the Sarayaku People said: “This case has set a precedent in Ecuador. After almost 5 years, the Constitutional Court has once again ruled in our favor and declared that the Ecuadorian State failed to comply with its obligations. It is very important because it is the first time that the Constitutional Court has ruled for non-compliance with a sentence of the Inter-American Court of Human Rights“.

In that regard, Florencia Reggiardo, Deputy Director of CEJIL’s Program for the Andean Region, North America and the Caribbean, stated that “the Constitutional Court analyzed in depth and took up the compliance measures that the IACHR Court issued more than a decade ago, which we welcome. If this sentence is complied with, it could be a roadmap for other countries in the region. We ratify our willingness and position to continue working with the community, with its leaders and take advantage of this moment to move forward“.

The Kichwa People of Sarayaku consider this ruling of the Constitutional Court as a new victory in favor of their territory and affirm that they will be active and vigilant in its compliance. It also represents a historic opportunity for the State of Ecuador to settle its debt with the integrity, life and protection of these native peoples.