7
the State and the beneficiaries as to the adequate technical procedures to do it,
particularly because of the possible environmental, social and cultural impact that
the methods suggested so far could represent for the Sarayaku community.
14.
The Court emphasizes the spirit of coordination and agreement shown, at the
hearing, by the State and the representatives, to determine whether there is a
technical solution different to the ones mentioned. The Tribunal highlights the need
and importance of finding ways to communicate in order to determine the procedure
to remove the explosives that best suits the security needs in technical and personal
terms, on the part of the authorities in charge and, at the same time, in acceptable
cultural terms for the worldview of the Sarayaku community. Therefore, it is
appropriate to maintain the order for the State to adopt the provisional measures
necessary to protect the life, physical integrity and personal security of the members
of the Kichwa People of Sarayaku. To this end, it is relevant to require the State to
define, in particular, the technical procedures, the specific program and schedule to
effectively remove all the explosive material buried in the territory, by mutual
agreement with the Sarayaku community and to continue submitting updated and
specific information on the existing or future plans related to the prospecting and
exploitation of oil in Blocks 23 and 24, as well as on the possibility the CGC company
has to resume the operations and the amount and precise location of the explosives
existing in the area where the Sarayaku community is settled.
15.
The Tribunal values the effectiveness of the hearing held to learn about the
current status of implementation of these provisional measures.
Therefore:
The Inter-American Court of Human Rights,
by virtue of the authority granted by Article 63(2) of the American Convention on
Human Rights, and in accordance with Articles 24(2) and 25 of the Court’s Statutes
and Articles 15(2), 27 and 31(2) of the Court’s Rules of Procedure of the Court,
Decides:
1.
To ratify the provisional measures ordered in its Order of June 17, 2005,
particularly as to the obligation for the State to adopt the provisional measures to
protect the life, physical integrity and personal security of the members of the
Kichwa People of Sarayaku and, therefore, to require the State to adopt the
appropriate measures to promptly and effectively remove the explosive material
buried in the territory where said community is settled.
2.
To repeat the urgent need for the State to establish a clear and permanent
system so that the Kichwa People of Sarayaku may participate in the planning,
implementation and evaluation of said provisional measures.
3.
To require the State to inform to this Inter-American Court, no later than May