People of Boberas, of which approximately and traditionally 135,000 hectares correspond to the
Sarayaku, as well as the assets referred to in articles 45 and 46 of this Statute, noting that these
territorial dimensions may be increased in the future.”67
62.
Similarly, according to the land title, the award was made in the following terms:
“a) The purpose of the present award is threefold: to protect the ecosystems of the Ecuadorian Amazon basin,
to improve the living standards of the indigenous communities, and to preserve the integrity of their culture;
b) This award in no way affects the awards made previously to persons or institutions. The validity of those
earlier awards is here by confirmed. Furthermore, it does not affect the settlements or settlers’ holdings
established prior to this date, or free transit by waterways or overland routes that exist or that are built in the
future in accordance with national law;
c) This award shall not limit the State’s authority to build roads, ports, airports and other infrastructure needed
for the country’s economic development and security;
d) The National Government, its institutions and its military and police forces shall have free access to the
areas granted to perform the functions prescribed by the Constitution and the laws of the Republic;
e) Subsoil natural resources are the property of the State, which may exploit them without interference
provided that environmental protection standards are observed;
f) To preserve the social, cultural, economic and environmental integrity of the communities receiving the land
grant, the Government will take into account the plans and programs that, to this end, are prepared by the
respective indigenous communities and submitted to the Government’s consideration[, and]
g) The beneficiary community shall abide by the rules for the management and care of the area awarded and
is expressly prohibited to sell or divest itself of the property either in whole or in part.68
D. Partnership contract with the CGC for exploration of hydrocarbons and
exploitation of crude oil in Block 23 of the Amazonian Region
63.
On June 26, 1995, the Special Bidding Committee] (CEL) convened the eighth international
call for proposals for exploration and exploitation of hydrocarbons in Ecuadorian territory, which
included “Block 23” in the Amazonian region of the province of Pastaza.69 According to the State,
Block 23 was located in the province of Pastaza, approximately 40 km east of El Puyo, and the CGC
base of operations was established in Chonta, using the sectors of Pacayacu, Shimi, Jatun Molino
and Kunkuk as support centers.
64.
On July 26, 1996, a partnership contract was signed before the Third Notary of San Francisco
de Quito, for hydrocarbon exploration and exploitation of crude oil in Block No. 23 in the Amazonian
Region (hereinafter the “oil exploration and exploitation contract” or “the contract with CGC”),
between the State Oil Company of Ecuador (PETROECUADOR) and the consortium formed by the
67
Cf. Article 3 of this Agreement states that “the Governing Council of the Native Kichwa People of Sarayaku named in
this record shall enjoy all rights, guarantees and attributes established in the Constitution of the Republic of Ecuador, for the
indigenous peoples self-defined as nationalities of ancestral lineage.” In addition, “Art. 48. Territory: (a) the boundaries of the
Kichwa People of Sarayaku are those stated in the land grant issued by the Institute for Agrarian Reform and Settlement
(IERAC) on May 12, 1992, registered on the May 26 that year, and in the rectification decision of July 23, 1992, registered on
August 21 that year; granted by the Institute for Agrarian Reform and Settlement, without detriment to the territory included
within the existing traditional historical limits, or any other extension that may be included in the future.” This document is
included in the file before the Court, because it was incorporated together with the Community Self-evaluation of the impacts
suffered by the Kichwa People of Sarayaku owing to the entry of the CGC Oil Company onto its territory (attachment 3 of
January 21, 2008, presented by the representatives of the beneficiaries of the provisional measures, provisional measures file
in the matter of the Indigenous People of Sarayaku (Ecuador), tome 6, folio 1464). See also FLACSO. Sarayaku: el Pueblo del
Cénit. 1st edition CDES-FLACSO. Quito, 2005, p. 16, (evidence file, tome 11, folio 6626).
68
Cf. Property Registry of Puyo, Pastaza. Award of lands to the communities of Río Bobonaza, Puyo, May 26, 1992,
(evidence file, tome 8, folio 4374 and ff.; tome 10, folio 6005 and ff., and tome 14, folio 8616 and ff.).
69
Cf. Partnership contract for the exploration of hydrocarbons and exploitation of crude oil in Block No. 23 of the
Amazonian region, between the State Oil Company of Ecuador (PETROECUADOR), and the Compañía General de
Combustibles S.A. (CGC) of July 26 1996, Clause (2.1) (evidence file, tome 8, folio 4381 and ff.; evidence file, tome 10, folio
5928 and ff.).
19