Order of the
Inter-American Court of Human Rights
of July 6, 2004
Provisional Measures regarding Ecuador
Matter of Pueblo Indígena Sarayaku
HAVING SEEN:
1.
The June 15, 2004 brief of the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the “the Inter-American Commission”) where,
pursuant to Article 63(2) of the American Convention on Human Rights (hereinafter
“the Convention” or “the American Convention”) and Article 25 of the Rules of
Procedure of the Inter-American Court of Human Rights (hereinafter “the Court” or
“the Inter-American Court”), it submitted to the Court a request seeking the
adoption of provisional measures on behalf of the members of the Kichwa indigenous
community of Sarayaku (hereinafter “the community” or “the indigenous people”)
and its defenders, with respect to the Republic of Ecuador (hereinafter “the State” or
“Ecuador”), to protect their lives, integrity of person, freedom of movement and the
special relationship they have to their ancestral land, in connection with a petition
that the Asociación del Pueblo Kichwa de Sarayaku, the Center for Justice and
International Law and the Center for Economic and Social Rights (hereinafter “the
petitioners”) filed with the Inter-American Commission.
2.
The Commission based its request on the following allegations of facts:
a)
in 1992, Ecuador legally recognized the Sarayaku community’s
ancestral territory by granting it the title to that territory. On July 26,
1996 the State concluded a participation contract with the Argentine
business, Compañía General de Combustible (hereinafter the “CGC”)
granting a concession for oil exploration and drilling over an area of
200,000 hectares, called Block 23, in the province of Pastaza, Ecuador.
Some 65% of this block is within the ancestral territory of the Kichwa
indigenous community of Sarayaku. The contract was allegedly signed
without consulting the Sarayaku people and without having obtained
their informed consent;
b)
according to the information supplied by the petitioners, between 1996
and 2002, the CGC made several attempts to negotiate to enter
Sarayaku territory and, using questionable means, tried to exact from
the indigenous people their consent for the oil drilling;
c)
despite a court order in which the Pastaza Civil Law Judge of First
Instance ordered precautionary measures for the Kichwa people of
Sarayaku, and an order from the Ombudsman’s Office protecting that
community’s rights, CGC employees and agents of the State have
taken measures detrimental to that people’s interests;
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