body of evidence in this case, provided they have been opportunely, specifically and duly referred to or identified by the parties in relation to their arguments. E. Assessment of the visit to the Sarayaku territory 49. With regard to the in situ procedure (supra paras. 18 to 21) aimed at obtaining further information about the situation of the presumed victims and the places where some of the facts alleged in this case took place, the information received will be evaluated based on the particular circumstances in which it was produced. Thus, in accordance with this Court’s case law, the statements made by those who were heard cannot be assessed in isolation, but rather within the context of the evidence as a whole, because they are useful insofar as they can provide additional information about the alleged violations and their consequences. 49 50. Regarding the information received at Jatun Molino, the Court has taken it into account as contextual information, but will not make any determination as regards that community (supra para. 20). VII FACTS A. The Kichwa Indigenous People of Sarayaku 50 51. The Kichwa nationality51 of the Ecuadorian Amazon Basin consists of two Peoples who share the same linguistic and cultural tradition: the Napo-Kichwa People and the Kichwa People of Pastaza. The fact that the Kichwa of the province of Pastaza identify themselves as runas (persons or human beings) means that they see themselves as belonging to the same intra-ethnic identity, vis-à-vis other non-Kichwa Indigenous Peoples.52 According to the Ecuador’s Council for the Development of Nationalities and Peoples (CODENPE),53 the Kichwa of the Amazon Basin have organized themselves into different federations. The Kichwa People of Sarayaku and other Kichwa-speaking groups of the province of Pastaza belong to the cultural group of the Canelos-Kichwa, who are part of a nascent culture arising from a combination of the original inhabitants of the northern region of the Bobonaza.54 52. The Kichwa People of Sarayaku are to be found in the tropical forest area of the Amazonian region of Ecuador, in different parts of the province of Pastaza and along the banks of the Bobonaza River. Their territory is located 400 meters above sea level, 65 kilometers from El Puyo. It is one of the Kichwa settlements in the Amazonian region with the largest population concentration and land area and, according to the census of the People, consists of around 1,200 inhabitants. The territory of the Sarayaku People is one of the most biologically diverse in the world. The Sarayaku community consists of five population centers: Sarayaku Center, Cali Cali, Sarayakillo, Shiwacocha and 49 Cf. Case of Loayza Tamayo v. Peru. Merits, para. 43, and Case of Atala Riffo and Daughters v. Chile para. 25. 50 Most of the facts in this section have not been challenged and are drawn mainly from a May 2005 anthropologicallegal Report by FLACSO, on the social and cultural impacts of the presence of CGC in Sarayaku. FLACSO, Sarayaku: el Pueblo del Cénit, 1st Edition, CDES-FLACSO, Quito, 2005 (evidence file, tome 8, folios 4224 and ff.). Other relevant evidence is cited as necessary. 51 Article 83 of the Constitution establishes that Indigenous Peoples define themselves as Nationalities with ancestral roots. Cf. Constitution of the Republic of Ecuador (evidence file, tome 8, folios 4190 and ff.) 52 Cf. The Council for the Development of Nationalities and Peoples of Ecuador (evidence file, tome 8, folio 4169 and ff.) and Ministry of Education and Culture of Ecuador, “Nacionalidad Kichwa de la Amazonía,” (evidence file, tome 8, folios 4190 and ff.). 53 The Council for the Development of Nationalities and Peoples of Ecuador (CODENPE) was created by Executive Decree No. 386, published in Official Record No. 86 of December 11, 1998. 54 Cf. Council for the Development of Nationalities and Peoples of Ecuador, folios 4190 and ff.. 16

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