Ecuador
In 2018, the Waorani people of Pastaza sued the Ecuadorian state for attempting to auction their lands for oil exploration without conducting a prior, free, and informed consultation, as required by the Constitution and international treaties. They also argued that the state violated their right to a healthy environment, failed to fulfill its responsibilities, and failed to protect their ancestral territories and biodiversity.
The applicants argued that climate change produces irregular and unpredictable flooding, alterations in the natural cycles of plants, loss of ancestral knowledge, droughts and other climatic phenomena, all of which have implications for human rights.
Based on provisions of the Ecuadorian Constitution, national environmental law, the United Nations Declaration on the Rights of Indigenous Peoples, and the jurisprudence of the Inter-American Court of Human Rights, the plaintiffs emphasized that several human rights had been violated. These include: (i) the right to nature, as greenhouse gas emissions disrupt the carbon cycle; (ii) the right to enjoy a healthy and ecologically balanced environment, given that climate change disrupts the ecological balance; (iii) the right to food; and (iv) the right to water, because droughts and floods are becoming more extreme and unpredictable, limiting access to, quality of, quantity of, and availability of water.
On April 26, 2019, the Criminal Guarantees Court of Pastaza ruled in favor of the Waorani, decreeing the suspension of the oil bidding in their territory, the protection of indigenous territorial rights and the obligation of the Ecuadorian State to improve the prior consultation process.
The decision was ratified by the Pastaza Provincial Court on July 11, 2019, thereby protecting 180,000 hectares of Amazon rainforest from oil drilling. On November 27, 2019, the Ecuadorian Constitutional Court (CC) rejected the extraordinary protection action filed in August of that year by the Ministry of Energy and Non-Renewable Natural Resources and the Attorney General's Office.
This ruling sets a significant precedent for indigenous rights and environmental protection in Ecuador.
Implementation
Following the ruling, the bidding process for Block 22, intended for oil exploration in Waorani territory, was halted. The Ecuadorian State is obligated to conduct prior, free, and informed consultation processes that comply with international standards before undertaking any project affecting Indigenous territories. In 2024, the Constitutional Court of Ecuador reaffirmed the importance of prior consultation in similar cases, further strengthening this right.
Protecting Waorani territory contributes to the conservation of approximately 180,000 hectares of Amazon rainforest, considered one of the most biodiverse areas on the planet. It is worth noting that this legal action pointed out that climate change was causing irregular and unpredictable flooding, disruptions to natural plant cycles, loss of ancestral knowledge, droughts, and other climatic phenomena, all of which have implications for human rights. This action helped mitigate climate change by preserving important carbon sinks and maintaining critical ecosystems intact.
- Waorani nationality of Pastaza
- Coordinating Council of the Waorani Nationality of Ecuador-Pastaza (CONCONAWEP)
- Ombudsman's Office of Ecuador
- Ministry of Energy and Non-Renewable Natural Resources
- Ministry of the Environment
- Ministry of Hydrocarbons
The Waorani territory in Pastaza encompasses approximately 180,000 hectares of rainforest, characterized by its high biodiversity and rich cultural heritage. It is home to communities that depend directly on the rainforest for their livelihood and maintain an ancestral relationship with the land.
The Waorani (currently numbering around 2,000 individuals) once held one of the largest territories of all Amazonian indigenous groups in Ecuador, within the present-day provinces of Orellana, Napo, and Pastaza. They traditionally lived as nomadic hunter-gatherers in small clan settlements. Missionary groups relocated many Waorani families to larger communities with the aim of converting them to Christianity.
The Waorani are the most recently contacted of all Ecuadorian indigenous peoples, first encountered by an American missionary group in 1958. Since that first contact, the Waorani have experienced an abrupt and difficult integration into modern society. Their territories have been significantly reduced, and the remaining lands have been affected by logging, oil extraction, and colonial settlements, among other problems. Several Waorani groups have thus far refused contact and continue to retreat deeper into the forest.
Oil activity and the construction of roads for this industry have been severely detrimental to Waorani lands. Despite the location of several Waorani communities within Yasuní National Park, they live downstream from oil operations, which has drastically affected these communities and their water supply. Furthermore, the Ecuadorian government has initiated oil drilling activities in Yasuní territory, threatening even the Waorani who live under the supposed protection offered by the National Park.
International agreements/treaties
- ILO Convention 169 concerning Indigenous and Tribal Peoples: Right to prior consultation and protection of ancestral territories.
- United Nations Declaration on the Rights of Indigenous Peoples: Right to self-determination and to free, prior and informed consent.
- Jurisprudence of the Inter-American Court of Human Rights
National laws
- Constitution of Ecuador (2008): Rights of nature and the right to a healthy environment.
- National Environmental Law.
Beginning
- Principle of prevention
- Precautionary principle
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