218. In this case, it has not been contested that the company damaged areas of great
environmental, cultural and subsistence food value for the Sarayaku. Thus, in July 2003, the CGC
destroyed at least one site of special importance in the spiritual life of the members of the Sarayaku
People, on the land of the Yachak Cesar Vargas, namely the place known as “Pingullu” (supra para.
104). For the Sarayaku, the destruction of sacred trees, such as the Lispungu tree, by the company
entailed a violation of their worldview and cultural beliefs.290 Furthermore, it was not disputed that
that the arrival of helicopters destroyed part of the so-called Wichu kachi Mountain, or “place of the
parrots” (supra para. 105) causing, according to the beliefs of the People, the spirit owners of that
sacred place to leave the site, thereby bringing sterility to the place, which, in turn, is associated by
the Sarayaku with the material sterility of the place and the permanent disappearance of the
animals from that area until the spirituality of the place is restored.291 The oil company’s activities
caused the suspension, during some periods, of cultural ancestral events and ceremonies of the
Sarayaku such as Uyantsa, the most important festival held every year in February, affecting the
harmony and spirituality of the community.292 It was also argued that the seismic line passed near
sacred sites used during ceremonies to initiate young people into adulthood (supra para. 105). Thus,
the interruption of the community’s daily activities and the dedication of the adults to the defense of
their territory have had an impact on teaching children and young people about their traditions and
cultural rituals, and on perpetuating the spiritual knowledge of the sages. The detonation of
explosives has destroyed forests, water sources, caves, underground rivers and sacred sites and has
caused the animals to migrate. As for the area where explosives remain, the Yachak Sabino
Gualinga said at the hearing that:
In this sector, half the beings that preserved the ecosystem have now gone. […] They are the ones that
maintain the jungle, the woods. If there is too much destruction […] the mountains will also collapse. We live in
the Bobonaza river basin and this has been totally affected. All those who wish to cause damage don’t
understand what they are doing. We do understand it, because we see it.
219. Given the importance that sites of symbolic value have for the cultural identity of the
Sarayaku People and their worldview, as a collective entity, several of the statements and expert
opinions provided during the proceedings indicate the strong bond that exists between the elements
of nature and culture, on the one hand, and each member of the People’s sense of being, on the
other. This also highlights the profound impact on the social and spiritual relationships that members
of the community may have with the different elements of the natural world that surrounds them,
when these are destroyed or harmed.
220. The Court considers that the failure to consult the Sarayaku People affected their cultural
identity, since there is no doubt that the intervention in and destruction of their cultural heritage
entailed a significant lack of respect for their social and cultural identity, their customs, traditions,
worldview and way of life, which naturally caused great concern, sadness and suffering among
them.
B.7 Obligation to adopt provisions of domestic law
290
The Yachak Sabino Gualinga stated: “César Vargas had lands in a place called Pingullo, and he lived there with his
trees; there, woven like threads, was the way in which he could cure. When they cut down that Lispungo tree they caused
him much sadness […]. When they cut down the great Lispungo tree […] that he used as threads, he became very sad
indeed, and his wife died, then he died, and a son also died, and after that the other son died and now only two daughters
are left” (testimony rendered by Sabino Gualinga before the Court during the public hearing held on July 6, 2011).
291
César Santi stated that: ‘‘Two months ago the company came through here with the seismic line and now there are
no birds the owner, the Amazanga (spirit being) left and because owner left all the animals are going … As the helicopters
have been stopped from coming here, if we leave things quiet for some time, perhaps the animals will return.” FLACSO,
Sarayaku: el Pueblo del Cénit, folios 6627 and ff.
292
The festival activities serve to renew the links with the territory and social bonds. People return to the recreational
areas (purinas) and hunting areas, reinforcing the connection of these areas to the territory. Also, according to the members
of the Community, the Sarayaku festival involves the participation of all the Kurakas, together with the authorities and
leaders, and the yachaks who visit the houses of the festival to order and transmit peace and respect, so that conflicts do not
occur. FLACSO. Sarayaku: el Pueblo del Cénit, folios 6672 to 6676. See also, testimony of Simón Gualinga and Jorge Malaver,
Self-evaluation, folio 6588 and ff.
63
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