the IACHR on September 11, 2013, and May 9, 2014, respectively, in which it indicated that “the precautionary
measures are not provided for either in the American Convention on Human Rights or in the IACHR Statute and
[…] therefore the State will not recognize any of those measures or issue a response in their regard […]”.
12.
In particular, in April 2013, the petitioners indicated that “the evidence available to date
suggests that a further massacre of the Tagaeri and Taromenani indigenous peoples in voluntary isolation has
occurred in Yasuní.” They reported that on March 30, 2013, between 12 and 18 members of communities from
the Waorani indigenous people attacked the Taromenani with firearms and spears. They said that this incident
took place as revenge for the murder, with spears, of Ompore and Buganey, two adults belonging to the Waorani
indigenous people, at the hands of members of the Taromenani indigenous people in voluntary isolation, which
allegedly occurred on March 5, 2013. The Commission was also informed that in the course of the alleged
massacre of March 30, 2013, two Taromenani sisters, aged approximately 2 and 6, were abducted by the
members of the Waorani people who had participated in the acts of violence.
13.
In connection with the situation of these two children, on January 19, 2014, the IACHR
submitted a request for provisional measures to the Inter-American Court of Human Rights, asking it to order
the Ecuadorian State to protect the life, physical integrity, right to family, and right of identity of the two girls
from the Taromenani people in voluntary isolation in the Ecuadorian rain forest. Through an order dated March
31, 2014, the Inter-American Court rejected the request for provisional measures, considering that “the
information it has been provided to carry out the analysis of the request for provisional measures is
substantially different from the information that the Inter-American Commission had when establishing the
grounds for its request,” owing to “the State’s unwillingness to present complete information on the two girls.”3
14.
As of the date of this report, the Commission is continuing to monitor the implementation of
the precautionary measures extended on behalf of the Tagaeri and Taromenani peoples.
III.
POSITIONS OF THE PARTIES
A.
Position of the Petitioners
15.
The petitioners state that the Tagaeri and Taromenani are indigenous peoples in voluntary
isolation, also known as “hidden” or “uncontacted” peoples, who have chosen to live without maintaining
contact with the nonindigenous majority of the population. They report that the peoples in isolation have
rejected outside attempts to establish contact with them and that they perceive such acts as aggressive or
hostile. They explain that the Tagaeri and Taromenani inhabit the eastern zone of the Ecuadorian Amazon,
along the Nashiño, Shiripuno, Tiguino, and Cononaco Rivers, close to the border with Peru, and that their
subsistence depends entirely on the rain forest. They claim that reports indicate that these peoples have been
driven southward by the invasion caused by Texaco’s prospecting activities and that they are believed to
inhabit a part of the concession known as Block 17. They state that these peoples are estimated to number at
least between one hundred and two hundred members and that they are believed to be the last of Ecuador’s
uncontacted indigenous peoples.
16.
They contend that the failure to adopt measures to protect the Tagaeri and Taromenani
peoples and their ancestral territory has caused them to be victims of different acts of violence. In particular,
they claim that, on May 26, 2003, between 12 and 26 members of the Taromenani were killed by nine members
of the Waorani indigenous people. According to the petitioners, the Waorani responsible for the killings
approached the location known as Cuchiyacu, on the border between the provinces of Pastaza and Orellana, in
the east of Ecuador; and, after locating a Taromenani settlement there, they launched a surprise attack, killing
men, women, and children. They claim the Taromenani huts were burned down and the bodies mutilated. They
state that, according to the Waorani who participated in the incident, “the massacre was intended to avenge
the death of Carlos Ima [a Waorani], who was killed by the Taromenani ten years previously.” However, they
report that “there are suspicions that illegal logging groups in that sector of the Ecuadorian rain forest [paid]
3 I-A Court H.R. Matter regarding Two Girls of the Indigenous People of Taromenane in Voluntary Isolation, Provisional Measures
regarding Ecuador, Order of March 31, 2014, para. 16.
3