5
new cooperation agreement was signed. In the first phase, the State informed that
the removal of the explosives from the surface was completed in three sub-phases –
visual search by the explosive technicians of the Intervention and Rescue Group
(GIR) of the National Police of Ecuador, search with technological equipments and
search with the help of explosive detection dogs. Hence, in July 2009, the GIR
personnel entered the territory of the Sarayaku People and proceeded to conduct a
visual search and manual removal of 14 kilograms of pentolite, explosive material
that was burn and detonated in a controlled manner on August 24, 2009, at the
Provincial Police Headquarters of Pastaza, in the presence of a representative of the
Government Attorney’s Office of Pastaza, leaders of the Sarayaku people,
representatives of the Ministry of Justice and Human Rights and press media. The
State further alleged that the search for explosives was conducted in an area
demarcated according to the information provided by the community. The second
phase, that is, the removal of the material from the subsurface, is still incomplete
due to disagreements with the members of the community regarding the method to
be used, but the State sustained that such material placed in the subsurface does
not represent a danger for the community, given the depth in which the explosives
are buried. Finally, the State indicated that it does not have specific information
regarding the amount of explosive buried in the territory in question, given that
there is only one report of the CGC company which would account for the explosives
admitted at a military base used as operations center, but that there is no
information on the entry of said explosives in the territory.
9.
The representatives expressed that the removal of the pentolite is urgent and
that it must be conducted as soon as possible, given that the territory, in which the
Sarayaku Indigenous People is settled, constitutes a legacy of their survival and
existence. To this end, the representatives alleged that the removal activities that
ended up in the destruction of barely 14 kilograms of explosive, out of the 1400
kilograms there would be buried in there, had negative consequences for the
community insofar as such destruction had serious environmental and, as a result,
cultural impacts which seem out-of-proportion in relation to the amount of
explosives the State would have removed so far. In this respect, they presented an
evaluation of the socio-cultural impact of the removal of explosives from the surface.
Therefore, they expressed their concern about the impact that the completion of the
next phases may have. They sustain that it is the technical responsibility of the State
to determine the areas where the explosives were placed and that it is necessary to
hold consultations with other experts in order to identify the less intrusive and more
respectful manner to the environment and the worldview of the Sarayaku People to
proceed with the removal of the explosives. Furthermore, they expressed that it falls
upon the State to determine the location of the explosives, given that the inspection
of the land and the determination of the level of danger of the explosives was
completed five years ago and yet the State indicates it has uncertain information.
10.
Prior to the hearing, the Commission had valued, on different occasions, the
efforts made by the State and the representatives to remove the explosive material
placed in the Sarayaku territory, but it expressed its concern about the declaration
of the gradual progress upon considering that this should have been done as soon as
practicable, given that the explosives represent a potential danger and a very
important environmental liability which hinder the access to an vast area of the
territory and entail a permanent risk to the life and integrity of the members of
Sarayaku. At the hearing, in response to the doubts expressed by the State
regarding the existence and quantity of explosive in the area, the Commission made
reference to a document of the National Direction of Environmental Protection
[Dirección Nacional de Protección Ambiental], furnished within the framework of the