August 26, 1997, creating a plan of operations so that, as the seismic exploration plan advanced, progress would also be made on aspects such as education, health, production projects, infrastructure and community support. 80. On April 13, 2002, the Sarayaku Association sent a communication to the Ministry of Energy and Mines expressing its opposition to the entry of the oil companies into its ancestral territory.89 81. In a note dated July 2, 2002, considering that the survey approved in 1997 had not been implemented due to force majeure “related to the actions of the indigenous communities,” and that the area concerned is the one that was established in 1997, the Ministry approved the updated Environmental Management Plan and Monitoring Plan for 2D seismic survey activities in Block 23. 82. On August 26, 2002, the CGC submitted to the Ministry of Energy and Mines the following five investment agreements signed with indigenous communities or associations on August 6, 2002, before the Second Notary of the canton of Pastaza: FENAQUIPA Organization, US$194,000.00; AIEPRA Organization, Jatun Molino community and Independent Communities of Sarayaku, US$194,900.00; FENASH-P Federation, US$150,000.00; Association of Indigenous Centers of Pacayaku, US$222,600.00, and Achuar Community of Shaimi, US$50,600.00. These agreements, with the respective plan of action, were based on contributions to production projects, infrastructure, job training, health and education90 to be made as the seismic survey activities were carried out in their territories. 83. According to the State, on September 2002, the CGC asked the Ministry of Energy and Mines to lift the force majeure status, which would allow for the reactivation of exploration or exploitation activities. 84. On November 13, 2002, the CGC submitted its first progress report on the 2D seismic survey emphasizing that, at that date, 25% of the community agreements had been fulfilled and that, as part of the dissemination of the specific Environmental Management Plan, a meeting had been held with Puyo journalists and provincial authorities. 85. On November 22, 2002, the Vice President and Members of the Sarayaku Rural Parish Committee filed a complaint with the Ombudsman. They alleged that the 2D seismic survey contract to be implemented in Block 23 constituted a violation of articles 84(5) and 88 of the Ecuadorian Constitution, in relation to article 28(2) of the Environmental Management Act, and they requested: (a) that the CGC respect the territory under the jurisdiction of the Sarayaku Parish; (b) the immediate withdrawal of the Armed Forces that provided protection to CGC workers, and (c) compliance with the said articles by the State authorities. Subsequently, Silvio David Malaver, a member of the Sarayaku People, joined the complaint.91 86. On November 27, 2002, the Ecuadorian Ombudsman issued a “human rights statement,” affirming that the members of the Sarayaku People were under the protection of the Ombudsman’s Office. He also stated that “[n]o person, authority or official may prevent the free passage, movement, navigation and intercommunication of the members of the Sarayaku on all the lands [and] rivers that they have a legitimate right to require and need. Whosoever obstructs, opposes, impedes or limits the right to free passage and movement [of] the members of this community shall be subject to the penalties and sanctions established by the laws of Ecuador.”92 89 Cf. Communication of the Sarayaku Association to the Ministry of Energy and Mines of April 13, 2002 (evidence file, tome 10, folios 6111 and 6112). 90 Cf. Report on activities in Block 23, CGC. Note sent by CGC to Gustavo Gutiérrez, lawyer, on December 24, 2002. Note No. 155 DM-DINAPA-CSA-870 0212389 (annex 14, tome 8, folio 4797). 91 Cf. Ombudsman of the Province of Pastaza. Decision of April 10, 2003. Complaint No. 368-2002 (evidence file, tome 8, folio 4831 and ff.) 92 Cf. National Ombudsman’s Office, “Human rights declaration” of November 28, 2002 (evidence file, tome 8, folio 4870 and tome 10, folio 6032). 23