violation of the right to communal property of the Sarayaku People, because it failed to guarantee
their right to consultation adequately. Consequently, as a guarantee of non-repetition, the Court
stipulates that, in the event that the State should seek to carry out activities or projects for the
exploration or extraction of natural resources, or any type of investment or development plans that
could eventually have an impact on the Sarayaku territory or affect essential aspects of their
worldview or their life and cultural identity, the Sarayaku People shall be previously, adequately and
effectively consulted, in full compliance with the relevant international standards.
300. In this regard, the Court recalls that the processes of participation and prior consultation
must be conducted in good faith at all the preparation and planning stages of any project of this
nature. Moreover, in keeping with the international standards applicable in such cases, the State
must truly ensure that any plan or project that involves, or could potentially affect the ancestral
territory, includes prior comprehensive studies on the environmental or social impact, prepared by
independent, technically qualified entities, with the active participation of the indigenous
communities concerned.
b) Regulation of prior consultation in domestic law
301. Regarding domestic laws that recognize the right to prior, free and informed consultation, the
Court has already observed that, in the evolution of the international corpus juris, the 2008
Ecuadorian Constitution is one of the most advanced in the world in this area. However, the Court
has also noted that the right to prior consultation has not been sufficiently and adequately regulated
through appropriate norms for its practical implementation. Thus, under Article 2 of the American
Convention, the State must adopt, within a reasonable time, any legislative, administrative or other
type of measures that may be necessary to implement effectively the right to prior consultation of
the indigenous and tribal peoples and communities, and amend those measures that prevent its full
and free exercise and, to this end, the State must ensure the participation of the communities
themselves.
c) Training of State officials on the rights of indigenous peoples
302. In this case, the Court has determined that the violations of the rights to prior consultation
and cultural identity of the Sarayaku People resulted from the acts and omissions of different
officials and institutions that failed to guarantee those rights. The State must implement, within a
reasonable time and with the corresponding budgetary allocation, mandatory programs or courses
that include modules on the domestic and international standards concerning the human rights of
indigenous peoples and communities, for military, police and judicial officials, as well as others
whose functions involve relations with indigenous peoples, as part of the general and continuing
training of officials in the respective institutions, at all hierarchical levels.
B.3
Measures of satisfaction
a) Public act of acknowledgment of international responsibility
303. The representatives asked the Court to order the State “[t]o conduct a public act of
acknowledgment of responsibility, previously arranged with the Sarayaku People and its
representatives, in relation to the violations declared in the Court’s eventual judgment.” They also
indicated that “this act should be carried out in the territory of the People, in a public ceremony,
with the presence of the President of the Republic and other senior State authorities, to which
members of the neighboring communities of the Bobonaza River basin are invited.” In addition,
during this act, “the State must acknowledge that the Sarayaku are a peaceful People who have
struggled for over 14 years to defend the integrity of their territory and to preserve their culture and
survival.” They also asked that […] the “State pay homage to the image of the Sarayaku leaders
who have suffered threats, harassment and insults as a result of their work in defense of the
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