F. Application for amparo
87.
On November 28, 2002, the President of the OPIP, which represents the 11 associations of
the Kichwa People of Pastaza, presented an application for constitutional protection (amparo) before
the First Civil Judge of Pastaza against the CGC and its subcontractor, Daymi Services. The
application alleged that, since 1999, CGC had taken several measures aimed at negotiating,
separately and independently, with the communities and with individuals “creating a series of
disruptive situations and impasses within [its] organizations, which resulted in the deterioration of
[its] hitherto strong organization.”93
88.
On November 29, 2002, the First Civil Judge of Pastaza agreed to hear the application and,
as a precautionary measure, ordered the “suspension of any current or impending action that affects
or threatens the rights that are the subject of the complaint,” and also that a public hearing be held
on December 7, 2002.94
89.
According to the State, in a decision issued on December 2, 2002, the initial order was
extended, “correcting the error made regarding the date, and designating Friday, December 6, to
hold the hearing.”
90.
The hearing that was convened did not take place. The State alleged that no representative
of the Sarayaku had appeared at the hearing, while the respondent party, the CGC oil company, did
appear. The representatives, in their brief answering the preliminary objection, indicated that the
hearing never took place and that proof of this is that no “record of the meeting” exists.
91.
On December 12, 2002, the Superior Court of Justice of the district of Pastaza sent a note to
the First Civil Judge of Pastaza, in which it “noted irregularities in the processing [… of the]
application [and expressed] concern over the total lack of promptness, taking into account the social
repercussions of its purpose.”95
G. Facts related to the seismic survey and oil exploration activities of the CGC as of
December 2002
92.
The seismic survey program proposed in Block 23 included an area of 633.425 kilometers,
distributed in 17 lines, mainly oriented north-south and east-west.96 Initially it was estimated that
the seismic survey would last six to eight months depending on weather conditions. Paths were
cleared in the survey area in order to lay down the seismic lines, and for the camps, unloading
areas, and heliports.97
93.
On December 2, 2002, the Regulations for Consultation on Hydrocarbon Activities were
adopted. The Regulations established “a standard procedure for the hydrocarbon sector in order to
apply the constitutional right of indigenous peoples to be consulted.”98
93
Application for constitutional protection filed by the Organization of Indigenous Peoples of Pastaza against the CGC
and Daymi Services on November 28, 2002 (evidence file, tome 8, folio 4333 and ff., and evidence file, tome 10, folio 6025
and ff.).
94
Decision of the First Civil Judge of Pastaza regarding the application for constitutional protection of the OPIPSarayaku (Block 23), of November 29, 2002 (evidence file, tome 8, folio 4872; evidence file, tome 10, folio 6029).
95
Note of December 12, 2002, sent by the President of the Superior Court of Justice of the District of Pastaza to the
First Civil Judge of Pastaza (evidence file, tome 8, folio 4874 and ff.; evidence file, tome 10, folio 6030 and ff.).
96
Cf. Final Operations Report prepared by the Compañía General de Combustible (CGC) in February 2003 (evidence
file, tome 8, folios 4881, 4884, 4889 or pp. 5, 8 and 13).
97
Cf. Final Operations Report prepared by the Compañía General de Combustible (CGC) (folios 4884 and 4903); and
General explanation of a seismic survey prepared by the Ministry of Energy and Mines, March 7, 2006 (evidence file, tome 8,
folios 4953 and 4954).
98
Executive Decree No. 3401 of December 2, 2002, Official Record No.728 of December 9, 2002, “Reglamento de
Consulta de Actividades Hidrocarburíferas” [Regulations on Consultations concerning Hydrocarbon Activities] (evidence file,
tome 8, folios 4130 and ff.).
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