Sucumbíos Ecuador
A group of nine girls from the provinces of Sucumbíos and Orellana filed a protective action against the Ecuadorian State for the annual authorization granted by the Ministry of Energy and Non-Renewable Natural Resources, through the Secretariat of Hydrocarbons, to each of the oil companies that use flares for burning gas in the Ecuadorian Amazon.
In their lawsuit, the plaintiffs point out that gas flaring is prohibited by law, although it can be authorized as an exception, and that despite this, the State has made it a common practice, which constitutes a violation of the rights to health, water and food sovereignty, the right to a healthy environment and, in addition, the rights of Nature, because the pollution from gas flares at oil stations in the region "causes serious impacts on the environment and on the health of people, damage to biodiversity and the cycles of nature, directly and negatively impacting global warming."
In that regard, the plaintiffs requested, among other things, that all burning authorizations issued be revoked, that all flares located in various areas of the Amazon where there is oil activity be immediately removed, and that no new oil industry flare installations be authorized in the region.
Initially, the protective action was heard by a Family, Women, Children and Adolescents Court, which denied the requested protection. The plaintiffs appealed this decision, and the Multicompetent Chamber of the Provincial Court of Justice of Sucumbíos ruled in their favor, declaring that "the Ecuadorian State has disregarded the plaintiffs' right to live in a healthy and ecologically balanced environment; by neglecting their right to health through its polluting activity and by failing to promote the use of environmentally clean technologies and low-impact, non-polluting energy sources."
The Court states in the ruling that "it is the State's obligation to implement the precautionary principle, which is based on scientific doubt about any reaction caused by the burning of gases in so-called flares"; that "[...] nature is being affected and its constitutional rights violated [...], since gas burning affects the air and biodiversity, because this activity directly releases greenhouse gas emissions"; and that "the burning of gas resulting from hydrocarbon extraction disregards the constitutional rights of the inhabitants living in the area of influence of said activity."
Based on the above, the Multicompetent Chamber of the Court established, among others, the following reparation measures:
The Ministry of Energy and Non-Renewable Natural Resources, through the Secretariat of Hydrocarbons, together with the oil companies, will proceed to update the plan for the gradual and progressive elimination of traditional flares used for gas burning, with those located in sites near populated centers being the first to be removed, for which a period of 18 months is granted; with respect to the other flares, their progressive elimination must be carried out until December of the year 2030.
The Ministry of Energy and Non-Renewable Natural Resources […] may grant these authorizations for places far from populated centers when new technology is presented that reduces environmental pollution […].
The Ministry of the Environment will carry out an annual monitoring plan and verification of the restoration of the natural environments in the surrounding areas where gas burning is currently taking place [...].
The Ministry of Energy and Non-Renewable Natural Resources will proceed in a public act to offer a public apology to the plaintiffs and through them to the population of the Amazon and the country […].
The written sentence was published on July 29, 2021.
Implementation
Pending compliance.
The plaintiffs filed an extraordinary protection action requesting the Multicompetent Chamber of the Court to clarify some elements of the judgment that are key to its enforceability, for example, the clarification of what should be understood by "populated centers" and "surrounding sites", since the lack of clarity of these concepts leaves the definition and determination of which flares should be removed in the hands of the defendants.
The Constitutional Court of Ecuador dismissed the extraordinary action filed, arguing that the Court cannot overturn the ordered comprehensive reparations measures. Furthermore, it stated that “at first glance, the reparations measures are not manifestly arbitrary, nor do they distort the nature of the protective action.”
Based on the foregoing, the plaintiffs alleged non-compliance with the judgment, arguing that there are now more open flames than before the ruling. On the other hand, the State claims to have complied with the reparations measures, relying on regulations issued by the defendants themselves, which define the terms "adjacent" and "populated center" in a way that is most convenient for maintaining operations. The plaintiffs argue that the State is attempting to feign compliance without having taken any real action, and therefore they are preparing a non-compliance action, which is their last available recourse.
In the lawsuit, the plaintiffs refer to the effects of gas flaring on the climate. They state that "the practice of flaring associated gas in flares in the Amazon oil fields is releasing two of the greenhouse gases responsible for the greenhouse effect, CO2 and methane, into the atmosphere. This practice is disrupting the carbon cycle, which is protected as part of the rights of nature."
They also refer to the Ecuadorian State's international commitments on climate change: "Electricity generation using associated gas from crude oil exploitation at different capacity levels through the optimization of its use. This gas will generate electricity, which will be transmitted in the Amazon District for use in processes specific to the oil industry, such as water pumping and the operation of camps and communities within the area of influence, replacing the traditional use of diesel for these purposes."
For its part, the Provincial Court of Sucumbios indicated in the ruling that […] the authorizations for gas flaring as an activity associated with hydrocarbon production carried out by the Ecuadorian State, […] disregard the various international commitments made by Ecuador in environmental matters, among the most important: Ecuador's Nationally Determined Contributions, made during the XXI Conference of the Parties to the United Nations Framework Convention on Climate Change (COP 21).
- Nine girls (personal data).
- Ministry of Energy and Non-Renewable Natural Resources.
- Ministry of the Environment.
The Ecuadorian Amazon is located in the Andean-Amazonian subregion of the macro-basin, and comprises a transition area between the Andes and the Eastern Royal Cordillera (CRO), defining ecosystems of piedmont or cloud forest (up to 2300 m above sea level), high jungle (2200 to 600 m above sea level), as well as the vast Amazonian plain or low jungle, characterized by its floodplains and forests.
It is made up of the provinces of Napo, Sucumbíos, Orellana, Pastaza, Morona Santiago and Zamora Chinchipe.
According to the protective action document, in the Ecuadorian Amazon region there are at least 447 gas burners that vent or burn gas: 210 in the Province of Sucumbíos, 232 in the Province of Orellana, 2 in the province of Napo and 3 in the province of Pastaza.
Standards
- International Covenant on Economic, Social and Cultural Rights.
- Rio Declaration on Environment and Development.
- Authoritative Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Development of Forests of All Types.
- Stockholm Declaration.
- Convention on Biological Diversity.
- United Nations Framework Convention on Climate Change
- Paris Agreement
- Advisory Opinion 23/17 of the Inter-American Court of Human Rights on Environment and Human Rights.
- Constitution of the Republic of Ecuador .
- Hydrocarbons Law.
Beginning
- Prevention.
- Caution .
- Indubio Pro Natura
- Sustainable development .