the Kichwa people of Sarayaku to their land, including the obligation to consult with them, to facilitate their participation in all decisions, and to seek their free and informed consent prior to commencing exploration activities. 24. The petitioners say that, beginning in 2002, when the oil company launched the seismic prospecting phase in Sarayaku territory, violations against the fundamental human rights of the Sarayaku people intensified to the extent that on November 25, 2002, the Governor of Pastaza province, the army headquarters of Pastaza province, the Association of Sarayaku, the Confederation of Indigenous Nationalities of the Ecuadorian Amazon (CONFENIAE), and the Organization of Indigenous Peoples of Pastaza (OPIP) signed an agreement in which the CGC company pledged to respect the rights of the Sarayaku community.5 25. On November 27, 2002, the Sarayaku people were declared to be under the protection of the Ecuadorian Ombudsman in a resolution stating that “all authorities, public officials, and natural and juridical persons shall observe, respect, attend to, and ensure the rights of the aforementioned Sarayaku community and all its members and, in particular, the right to maintain, develop, and strengthen its cultural identity and other aspects of its nationality, as well as to preserve its inalienable ownership of Sarayaku communal lands and the permanent use, usufruct, administration, and conservation of natural resources.” The resolution further states that: No person, authority or official may impede the free transit, movement, navigation, and intercommunication of Sarayaku community members throughout the lands and rivers as they require and need in the exercise of their legitimate rights. Anyone who should obstruct, oppose, impede, or limit the right to free transit and movement of members of this community shall be subject to the penalties and sanctions established under Ecuadorian law.6 26. Notwithstanding the Ombudsman’s resolution, the petitioners claim that between November 2002 and February 2003, oil company employees and guards, with the acquiescence of members of the Armed Forces, made incursions into Sarayaku territory and destroyed woodlands, sources of food, medicines, and cultural heritage. In addition, during this period, there were a series of threats, assaults, illegal detentions, and abuses against members of the Sarayaku people which constituted systematic violations of the fundamental rights of the Sarayaku indigenous community and its members. 27. The following are some of the incidents described: On January 13, 2003, in a place known as Jatún Molino, oil company employees assaulted members of the Sarayaku community as they were traveling by canoe on the Bobonaza River, firing on them from the riverbanks; they later closed off the river passage, knocking down trees and obstructing regular passage from Sarayaku. On January 25, 2003, in the context of a military operation in Sarayaku territory, Sarayaku indigenous leaders Elvis Gualinga, Marcelo Gualinga, Reinaldo Gualinga, and Fabián Grefa were detained and tortured by members of the Ecuadorian military, police agents, and CGC contract security personnel. On January 26, 2003, members of the Ecuadorian army fired on the Paz y Vida Camp in Panduro, within Sarayaku territory, made up of approximately 60 indigenous people including women, children, elderly people and men, who were keeping watch to ensure that oil company workers did not enter their territory. On January 28, 2003, oil company laborers accompanied by members of the Ecuadorian army proceeded with seismic prospecting activities in the sector known as Rotuno Yaku (Guayacán), which the Sarayaku people consider to be a sacred site. On January 29, 2003, two minor girls were intercepted by an army patroller accompanied by oil company employees, and were threatened by the company employees, who urged the Army members to rape them. The petitioners report that before being freed, the girls were subjected to indecent assault. On December 4, 2003, approximately 120 people from the Sarayaku community, including women and children who were traveling along the Bobonaza River toward the city of Puyo to participate in a march 5 Document in the file. 6 Document in the file. 5