Pueblo Indigena de SarayakuCase
The facts of the case concern the granting of permission by the Ecuadorian State to a private company to carry out activities of exploration and exploitation in the territory of the indigenous community Kichwa of Sarayaku. This permission, granted in the 1990s, was approved without the community having been previously consulted, and without their consent. As part of the authorized exploitation, the private company introduced high powered explosives at various points of the indigenous territory, which limited the right of the community to freedom of movement and the expression of their culture. In addition to these events, there was an absence of judicial protection and a failure to observe judicial guarantees.
The IACourt ruled on the right to consultation and communal indigenous property, establishing that by not informing or consulting the Sarayaku community prior to events, the State failed to comply with its duty to adopt all necessary measures to guarantee that indigenous communities can participate in decision making on matters and policies that affect or could affect their rights, from within their own institution end according to their values, practices, customs and forms of organization. The IACourt also determined that said consultations must be carried out in good faith, via culturally adequate procedures and with the objective of reaching an agreement.
As such, the IA Court considered that the lack of consultation of the Sarayaku Community affected its cultural identity.
- Presentation to the IACommission
- Dec 19, 2003
- Submission to the IACourt
- Apr 26, 2010
- IACourt / Judgment: rights violated
ACHR 1.1, 2, 21 1.1, 4.1, 5.1, 21 1.1, 8.1, 25
- IACourt / Judgment: rights non-violated
ACHR 7, 13, 22, 23 6
- Derecho a consulta
- Pueblos indígenas
- Court documents
- Documentos de la comisión
- Geolocalización de los hechos
- Geolocalización de los hechos (linked Geolocalización de los hechos del caso)
- Pueblo Indígena Kichwa de Sarayaku