generis situation of indigenous peoples in voluntary isolation, the Tagaeri and Taromenani cannot file for
amparo relief, since the regulations do not allow for third parties to file applications on their behalf.
27.
To summarize, they maintain that situation of violence threatening the subsistence of
Ecuador’s last peoples in isolation is the result of the State’s inaction in protecting them and the impunity
surrounding those crimes, which allows them to “proliferate and persist in a cycle of violence that will
ultimately put an end to these exceptionally vulnerable peoples.” They therefore argue that the State is
responsible for the violation of Articles 1, 2, 3, 4, 8, 19, 21, 23, 24, 25, and 26 of the American Convention and
of Articles I, II, VI, VIII, IX, XI, XIII, XVII, XVIII, XX, and XXIII of the American Declaration.
B.
Position of the State
28.
The Ecuadorian State does not dispute the facts set out in the petition; instead, it describes the
measures it has adopted to protect the Tagaeri and Taromenani peoples in isolation. It also holds that the
petition should be ruled inadmissible because domestic remedies have not been exhausted and because the
petitioners are seeking for the Commission to act as a court of the fourth instance.
29.
In particular, it reports that by means of Decree No. 552 of February 2, 1999, the President of
the Republic at the time, Jamil Mahuad Witt, established a restricted conservation area (zona intangible), off
limits to all forms of extractive activities, on the lands inhabited and used by the Tagaeri and Taromenani
peoples. Ecuador emphasizes that the restricted area covers around 700,000 hectares, within which a buffer
zone was established in which moderate tourism can be pursued, along with the regulated extraction of
renewable and nonrenewable natural resources, subject to law and to the competent authorities responsible
for enforcing it. It states the restricted area was subsequently demarcated by means of Executive Decree No.
2187 of January 16, 2007.
30.
It adds that on April 18, 2007, the President of the Republic presented the “National Policy on
Peoples in Voluntary Isolation,” which was prepared by an interinstitutional committee led by the Ministry of
Energy and Mines and the Environment Ministry, and comprising representatives of the office of the People’s
Defender, the Ministry of Foreign Affairs, the Council of Nationalities and Peoples of Ecuador, and the office of
the Attorney General of the State. According to the State, the importance of the adoption of this multisectoral
public policy is that it represents “a crosscutting axis in the design of the policy for the extraction of
hydrocarbons and timber, in reviewing oil contracts, and, above all, in the prevention, investigation, and
punishment of state agents or private citizens who fail to respect the areas of the Amazon where these peoples
in isolation voluntary are located.”
31.
It maintains that it has acted diligently in the adoption of protective measures for the Tagaeri
and Taromenane peoples, in particular since the IACHR extended the precautionary measures on May 10, 2006.
It notes that the area where the Precautionary Measures Plan is being implemented corresponds to the location
where the peoples in isolation are to be found. It specifies that the Yasuní National Park is located in this area
and its buffer zone, together with the Tagaeri-Taromenane Restricted Area and the territory of the Waorani
Reserve. According to the State, by September 2010 it was carrying out an oversight and monitoring program
of “forestry control activities, wildlife trafficking, and tourism,” which involved patrols, seizures, and the
management, verification, and follow-up of the forestry resource usage plans in place in the areas adjacent to
the territories occupied by the peoples in isolation.
32.
It also indicates that there is a “relationship between the State’s oil policy and its policies for
the protection of rights,” and that it has taken “every precaution to avoid having an impact on the peoples and
their cultures or on nature.” On this point, it refers to the adoption of a Code of Conduct for Oil Companies for
avoiding contact, and the implementation and observance of Comprehensive Contingency Protocols to Avoid,
Prevent, or Handle Chance Contacts.
33.
Regarding the alleged massacres of 2003 and 2006, Ecuador states, in general terms, that
criminal investigations are underway into the facts alleged by the petitioners, and so the domestic remedies
have not been exhausted. On this point, Ecuador notes that in assessing the reasonable time criterion, attention
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