Chontayacu. These centers are not independent communities, but belong to the Sarayaku People
and, in each one, there are groups of extended families or ayllus that are, in turn, divided into huasi,
which are households consisting of a couple and their offspring. This was observed partially by the
Court delegation during its visit.
53.
It is difficult to access the territory where the Sarayaku People are located. Depending on the
weather conditions, travel between Puyo – the nearest town – and Sarayaku, takes about two or
three days by boat along the Bobonaza River and around eight days by land. The entry into
Sarayaku territory, whether by river or land, must be made through Canelos Parish. Sarayaku also
has a landing strip for small planes; however the use of this means of transport is expensive.
54.
The Sarayaku subsist on collective family-based farming, hunting, fishing and gathering
within their territory following their ancestral customs and traditions. Around 90% of their nutritional
needs are met by products from their own land and the remaining 10% with goods from outside the
community.
55.
Regarding their political organization, in 1979 Sarayaku was granted a Statute registered
with the Ministry of Social Welfare, which includes authorities such as president, vice president,
secretary and members. In 2004, Sarayaku was recognized as the Kichwa Original People of
Sarayaku. Currently, decisions on important issues or matters of special significance for the People
are made by the traditional community Assembly,55 called the Tayja Saruta-Sarayacu,56 which is
also the highest decision-making body. It is also organized under a Governing Council composed of
traditional leaders from each community (kurakas or varavuks), community authorities, former
leaders, elders, traditional shamans (yachaks) and groups of experts and advisers from the
community. This Council has decision-making authority with regard to a certain kind of internal and
external dispute, but its main purpose is to serve as an interlocutor with actors outside of Sarayaku,
based on decisions taken in the assemblies.
56.
The Organización del Pueblo Kichwa de Sarayaku is part of the Confederación de las
Nacionalidades Indígenas de la Amazonía Ecuatoriana (CONFENIAE) and of the Confederación de
Nacionalidades Indígenas de Ecuador (CONAIE).
57.
According to the worldview of the Sarayaku People, their land is associated with a set of
meanings: the jungle is alive and nature’s elements have spirits (Supay),57 which are interconnected
and whose presence makes places sacred.58 Only the Yachaks may enter these sacred places and
interact with their inhabitants.59
B. Oil exploration in Ecuador
58.
According to the State, starting in the 1960s, Ecuador increased oil exploration activities,
focusing its interest in the country’s Amazonian region. In this regard, the State indicated that, in
1969, the first reserves of crude oil were discovered in the northeastern region, and three years
later exports began and the region “became very important from a geopolitical and economical
55
The political organization of the Kichwa People of Sarayaku has been recognized by the Executive Secretary of the
Council for Development of Nationalities and Peoples of Ecuador (CODENPE for its Spanish acronym), through Agreement 24
of June 10, 2004. See FLACSO Anthropological-Legal Report, folios 4226 and 4227.
56
Assemblies are convened for the election of authorities, the announcement of the results of negotiations, decision
making processes that concern the entire community and the settlement of certain kinds of internal disputes. It is important
to note that internal conflicts are dealt with at various preliminary stages before reaching the Assembly. Only disputes of a
serious nature reach this body. These conflicts are of two kinds: the death of a member of the association and the failure to
comply with the orders of the Assembly. See FLACSO Anthropological-Legal Report (evidence file, folio 4273)
57
Cf. Affidavit of José María Gualinga Montalvo of June 27, 2011 (evidence file, tome 19, folio 10014 and ff.).
58
Cf. Testimony of Sabino Gualinga and expert opinion of Rodrigo Villalba before the Court during the public hearing
held on July 6 and 7, 2011.
59
7, 2011.
Cf. Testimony of Sabino Gualinga and Rodrigo Villalba before the Court during the public hearing held on July 6 and
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