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Historic Legal Victory Achieved by the Kichwa Indigenous People of Sarayaku

Sarayaku, Ecuador – On January 9, 2024, the Constitutional Court of Ecuador issued Judgment 60-19 AN-23 in the case brought by the Kichwa People of Sarayaku against the Ecuadorian government. This legal action was taken due to the government’s failure to comply with the Judgment of the Inter-American Court of Human Rights 2012 ruling, which condemned Ecuador for violating the right to consultation of the Sarayaku People regarding an oil project in their territory.

The Inter-American Court ordered the government of Ecuador to remove one and a half tons of explosives left by the Argentine oil company CGC in Sarayaku territory. Additionally, it ordered the regulation of the right to consultation following human rights standards. It emphasized the necessity for the government to engage in consultations with the Sarayaku People before undertaking projects in their territory. 

However, the government failed to fulfill these directives within the specified timeframe, prompting the Sarayaku People to file a complaint of non-compliance with the Constitutional Court. The court has now granted a new six-month period for conducting the consultation before removing the explosives. Furthermore, it has urged the National Assembly to consolidate the bills related to prior consultation currently under discussion and advance them through the legislative process.

The Kichwa People of Sarayaku celebrate this recent triumph in support of their Kawsak Sacha (living and conscious being) territory, which has been marred by oil activities and requires restoration. They have declared their commitment to actively and vigilantly ensure the implementation of this latest court ruling.

Issued by the governing council of TAYJASARUTA.

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