Constitution of the Republic, by not consulting the community on plans and programs for the exploration and exploitation of non-renewable resources on their lands, which could affect them environmentally and culturally.” This Congressional Committee also concluded that the CGC had sidestepped the OPIP leadership by negotiating directly and separately with the communities, creating conflicts between them. It also noted the damage to the territory’s flora and fauna. Regarding the population, it indicated in its conclusions that “[h]uman rights have been violated, because severe psychological harm was caused to the children of the community by witnessing the confrontations with the soldiers, the police and CGC security personnel, and also because of the arrest of the OPIP leaders, accusing them of being terrorists and subjecting them to physical abuse, which affected their personal integrity, prohibited by the Constitution of the Republic” (supra para. 106). 197. Also, following the suspension of the surveying activities, high-ranking authorities of the province of Pastaza and of the Government at the time issued statements supporting the oil exploration activities of the company, which did not help to create a climate of trust with the State authorities.262 198. Thus, it can be considered that the State’s failure to conduct a serious and responsible consultation, at a time of high tension in inter-community relations and with State authorities, encouraged, by omission, a climate of conflict, division and confrontation between the indigenous communities of the area, in particular with the Sarayaku People. Although it is true that numerous meetings took place between different local and State authorities, public and private companies, the Police, the Army, and other communities, it is also evident that there was a disconnect between these efforts and a clear determination to seek consensus, which encouraged situations of tension and dispute. 199. In other words, the State not only partially and inappropriately delegated its obligation to consult to a private company, thereby failing to comply with the above-mentioned principle of good faith and its obligation to guarantee the Sarayaku People’s right to participation, but it also discouraged a climate of respect among the indigenous communities of the area by promoting the execution of an oil exploration contract. 200. The Court reiterates that the search for an “understanding” with the Sarayaku People, undertaken by the CGC itself, cannot be considered a consultation carried out in good faith, inasmuch as it did not involve a genuine dialogue as part of a process of participation process aimed at reaching an agreement. c) Adequate and accessible consultation 262 On June 1, 2003, the governor of the province of Pastaza announced publicly that the Government had decided to complete all the work on the 200,000 hectares of Block 23, with or without the agreement of the indigenous communities that live there (Marcelo Gálvez, “Tensión por explotación petrolera en bloque 23,” EL UNIVERSO, June 2, 2003, evidence file, tome 11, folio 6547). The then President of the Republic of Ecuador, Lucio Gutiérrez, also announced that he would guarantee the complete security of the oil companies (“La CGC continuará la exploración del bloque 23,” EL COMERCIO, September 18, 2003, evidence file, tome 11, folio 6550). On September 16, 2003, it was announced that seismic surveying would be resumed in Blocks 23 and 24 starting in December 2003. (see newspaper articles, evidence file, tome 11, folios 6547 and 6550). On October 3, 2003, the Minister of Energy and Mines announced to the press that “the Government is prepared to provide every assurance of security to the CGC so that it can continue its work in Block 23 and fulfill its contract. And if, in order to provide security, according to law, the presence of the police or the Armed Forces is necessary, the Government will take the necessary steps in keeping with its commitment to honor the contract” (“Coronel Arboleda encabeza operación militar para invadir Sarayaku,” press release, evidence file, tome 11, folio 6553). In October 2003, the Minister of Energy and Mines declared that oil exploration and exploitation on Sarayaku’s territory would be carried out with or without the consent of the Sarayaku People and, to this end, the indigenous territory would be militarized as of different dates (provisional measures file, request of the Inter-American Commission, folio 000010). On December 31, 2003, the Minister of Energy and Mines declared that a new intervention would begin to guarantee the transit of the oil companies, and therefore a new military incursion was imminent (“Protestan Ecologistas por destrucción de la Amazonia Ecuatoriana,” press release (Mexico), United Nations Environment Program, January 4, 2004). The same note indicates that “an armed incursion is expected the day after tomorrow but, meanwhile, the river Bobonaza has been blockaded for the past year and, recently, access by land has also been affected” (provisional measures file, request of the Inter-American Commission, folio 11). 56