Although this is understandable owing to the difference in the number of families indicated initially,
and the number that resulted from the census conducted in Sarayaku, the differences in the criteria
used by the representatives to calculate the pecuniary damage are not clear. However, in the
circumstances of this case, it is reasonable to presume that these events led to a series of expenses
and loss of earnings, which the members of the Sarayaku People had to assume; in addition, their
ability to use and enjoy the resources on their territory was affected, particularly due to their
restricted access to areas used for hunting, fishing and general subsistence. Moreover, owing to the
location and way of life of the Sarayaku People, the difficulty in proving these losses and the
pecuniary damage is comprehensible.
316. Also, although no supporting vouchers were presented, it is reasonable to assume that the
actions and efforts undertaken by members of the People generated costs that should be considered
as consequential damage, particularly with regard to the actions or measures taken to hold meetings
with the different public authorities and other communities, to which their leaders or members have
had to travel. Based on the foregoing, the Court determines, in equity, compensation for the
pecuniary damage, taking into account that: (i) members of the Sarayaku People incurred expenses
to take measures at the domestic level to demand the protection of their rights; (ii) their territory
and natural resources were damaged, and (iii) the financial situation of the People was affected by
the suspension of production activities during certain periods.
317. Consequently, the Court establishes the sum of US$90,000.00 (ninety thousand United
States dollars) as compensation for pecuniary damage. This sum must be paid to the Association of
the Sarayaku People (Tayjasaruta) within one year of notification of this Judgment, so that the
People may decide, in accordance with its own decision-making mechanisms and institutions, how to
invest the money, among other aspects, for the implementation of educational, cultural, food
security, health and eco-tourism development projects or other community infrastructure or projects
of collective interest that the People considers a priority.
C.2 Non-pecuniary damage
318. In its case law, the Court has developed the concept of non-pecuniary damage and has
established that it may “include both the suffering and distress caused to the direct victims and their
families, and the impairment of values that are highly significant to them, as well as other changes
of a non-pecuniary nature, in the living conditions of the victims or their family.”366
a) Arguments of the parties
319. The Commission asked the Court to establish in equity the amount of compensation for the
non-pecuniary damage caused to the Sarayaku People and its members, “owing to the suffering,
anguish, and indignities to which they were subjected during the years in which their right to use,
enjoy and have available their territory has been restricted” and other alleged violations.
320. The representatives asked the Court to establish an amount in equity to repair the nonpecuniary damage suffered by the Sarayaku Peoples that had the following impact: the threat to the
survival and cultural identity of the People owing to the damage to the territory;367 the adverse
effects on the education of the children and young people;368 the effects on health and safety,369 on
366
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs, para. 84, and Case
of Forneron and daughter v. Argentina, para. 194.
367
In this regard, they indicated that the arrival of the oil company and the damage it caused to the territory meant
that “the spirits that inhabited those places fled to other places taking with them the elements of the jungle such as animals
and spiritual strength.” In addition, they mentioned other damage to their worldview, namely: (a) The destruction of the
sacred site of Shaman Cesar Vargas, including the Lispungu tree, and the Wichu Kachi mountain, or place of the parrots, (b)
the destruction of trees and plants of significant value for traditional medicine; (c) harm to sacred sites, and (d) impossibility
of celebrating the Uyantsa festival for two years.
368
In this regard, they indicated that, in addition to “the effects on the ancestral education, the education of the
children and young people was also affected due to the suspension of classes in schools for three months, during which time
86
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