43. Continuing with its observations and with respect to the petitioners’ claim that the State
violated the American Convention by failing to comply with its international obligations
acquired through the ratification of ILO Convention 169, the Ecuadorian State asserts that it
had not yet ratified Convention 169 at the time that it signed the oil concession contract with
the CGC in 1996 and that, therefore, the Convention had not been incorporated into its
domestic law. The State points out that international law doctrine concerning the international
responsibility of States is based on the premise that every internationally illegal act committed
by a State gives rise to that State’s responsibility. It adds that this same doctrine includes two
key elements for determining State responsibility: first, the existence of conduct constituting
an act or omission attributable to a State, and second, the existence of conduct that
constitutes a violation of an international obligation of that State. The State argues that in the
subjudice petition, the international obligation emanating from Convention 169 did not exist
because Ecuador ratified that Convention in 1999, after having signed the contract with CGC.
44. Regarding the constitutional amparo suit brought by the petitioners, the State indicates
that with regard to timeliness, international jurisprudence has not established a precise
cuantum for the length of the process; rather it establishes certain, defined criteria to consider
in concrete cases. In this aspect, the Ecuadorian State maintains that since the time frames in
which the State has acted to resolve the domestic suit fall within the parameters of
reasonableness established by the Inter-American Court and Commission, it cannot be said to
have violated Article 8(1) of the American Convention.
45. The State likewise argues that, at the domestic level, the petitioner has had access to all
remedies available under Ecuadorian law for the alleged violations and that the competent
court ruled on the remedy lawfully and in keeping with legal due process. In addition, the
State affirms that it has respected the judicial protections that make up what is referred to as
due process, and that it has always ensured a fair and impartial process.
46. In light of the foregoing, the State does not believe it is necessary to examine the merits
of the petition, since it cannot be accepted by the Commission, and requests that the petition
be declared inadmissible and immediately closed.
IV.
ANALYSIS OF ADMISSIBILITY
A.
The Commission’s Competence ratione personae, ratione materiae, ratione
temporis and ratione loci
47. The petitioners are entitled, in principle, under Article 44 of the American Convention, to
lodge petitions before the IACHR. The petition names as the alleged victims the Kichwa
indigenous people of the Sarayaku community and its members,12 on whose behalf the State
12 The Kichwa people of Sarayaku are an organized community, situated in a specific geographical area, whose
members can be individually identified. In this regard, see paragraph 9 of the Resolution of the Inter-American Court
of Human Rights of July 6, 2004 on Provisional Measures requested by the Inter-American Commission with respect to
Ecuador, Case of Sarayaku Indigenous Community, which states: “That the Court has ordered the protection of a
plurality of people who have not been previously named but who are identifiable and specified, and who are in a
situation of grave danger because of their membership in a community. In this case, according to what the
Commission has indicated, the Kichwa indigenous people of Sarayaku, comprising approximately 1,200 people,
constitutes an organized community situated in a specific geographical area in the population centers of Shiguacoca,
Chontayaku, Sarayakillo, Cali Cali, Teresa Mama, Llanchama, and Sarayaku Centro, in the province of Pastaza, whose
members can be individually identified and who, for reasons of belonging to that community, are all facing an equal
risk of suffering acts of aggression against their personal integrity and their lives. Therefore, the Court believes it is
necessary to dictate provisional measures of protection on behalf of the members of the Kichwa indigenous people of
Sarayaku, and which extend to all members of that community. See also the Case of the Jiguamiandó and Curbaradó
Communities. Provisional Measures. Resolution of the Inter-American Court of Human Rights of March 6, 2003, ninth
consideration; Case of the Paz Community of San José de Apartadó. Provisional Measures. Resolution of the InterAmerican Court of Human Rights of June 18, 2002, eighth consideration; and the Case of the Paz Community of San
José de Apartadó. Provisional Measures. Resolution of the Inter-American Court of Human Rights of November 24,
2000, seventh consideration. Case of the Mayagna (Sumo) Awas Tingni Community. Judgment of August 31, 2001.
Ser. C No. 79, para. 149.
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