4
the most vulnerable people, some cards and prior to this event, the State provided
training to the beneficiaries and the personnel of the Police Headquarters of Pastaza,
in charge of providing protection, on how to use such cards. The State clarified that if
the community identifies other vulnerable people, the State shall immediately deliver
a card to them. Moreover, the State sustained that it provides protection 24 hours
per day at the offices of the Sarayaku community as well as at the community
tourism agency located in Puyo. Likewise, it alleged that it is conducting a police
operation with permanent patrols in other areas, including the inland port of Latasas.
As to the right to freedom of circulation down the Borbonaza River and the
maintenance of the airstrip located in the territory of the Sarayaku Indigenous
People, the State informed that it is taking steps for the implementation of a
permanent police post in the inland port of Latasas and that it has made progress to
determine the necessary maintenance measures of the airstrip.
6.
Moreover, the representatives pointed out that even though those cards were
delivered, the cards “only identify their bearers as beneficiaries of the protective
measures but do not guarantee per se their security.” In this respect, the
Commission alleged that "the State does not inform on the protection provided to all
the members" of the community. In relation to the police post in the inland port of
Latasas, the representatives sustained that such post has not been implemented and
that the security is not provided on a permanent basis. Furthermore, the airstrip has
been improved and maintained by the members of the community themselves. The
Commission agreed with what was expressed regarding this last aspect.
7.
As to the obligation to remove the explosive material placed in the territory
where the Sarayaku community is settled, it is necessary to recall that since January
9, 2001, by means of resolution of the Board of directors of “Petroecuador”, the
agreement entered into with CGC Petroleum Company has been suspended, due to
“force majeure;” therefore, the company is not carrying out any activity. Then, on
May 8, 2009, the Ministry of Mines and Petroleum issued a resolution by which CGC
Petroleum Company was informed that the force majeure was lifted and that it had
to immediately resume the prospecting and exploitation operations and activities. In
that respect, the representatives indicated that this resolution was issued without
holding any previous consultation with the Sarayaku People and that it could have
serious implications for the security and integrity of the beneficiaries. In response to
the above mentioned, the State indicated that, in August 2009, the Board of
Directors of “Petroecuador” decided to cancel the suspension of the activities in
blocks 23 and 24 and ordered to immediately resume the activities stipulated in the
contracts for the prospecting and exploitation of the hydrocarbons of said blocks.
However, the State informed that it had entered into negotiations with CGC to
consider such contracts terminated and that, in the course of said negotiations, it is
not contemplated the commencement of the operations of the company. The
representatives expressed that said resolution had affected the trust earned. The
Commission indicated that the scope of such negotiation is not clear.
8.
Specifically, the State informed that the removal of the pentolite is conducted
in two phases: the first one regarding the material found in the surface, a phase
already completed, and the second one, regarding the material found under the
surface of the earth. As to the first phase, the State had previously informed that, in
December 2007, an Inter-institutional Cooperation Agreement was entered into
between the Ministry of Mines and Petroleum and the Sarayaku People, which was
terminated in April 2008 with approximately 40% of those preliminary works. To
complete the rest of the preliminary works, a second agreement was entered into
between Sarayaku and the Ministry in April 2008. In October and December 2009, a