A/HRC/4/32/Add.2
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19.
A case in point is the indigenous Quechua community of the Sarayaku, in the Amazonian
province of Pastaza. In 1992, the ancestral lands of the Sarayaku in Pastaza were legally
recognized by Ecuador. Four years later, the State signed a participation contract with the
Argentine oil company Compañía General de Combustibles (CGC) for oil exploration and
development of over 200,000 hectares in block 23, 65 per cent of which comprises the ancestral
land of the Sarayaku and other indigenous communities. The Sarayaku community complain
that the contract was signed without consultation or their prior informed consent and allege
non-compliance with ILO Convention No. 169, ratified by Ecuador after the oil concession. The
Sarayaku also complain of non-compliance with an agreement between CGC, Pastaza police and
indigenous organizations to respect Sarayaku ancestral territories. They have protested and
demanded that the company withdraw, although some members of other indigenous
communities in Sarayaku territory wish to maintain a working relationship with the company
that provides them with income and certain services. This has further divided the community.
20.
Sarayaku members complain that oil activities have polluted their rivers and affected the
health of the region’s indigenous peoples. In 2003, community leaders complained of threats,
the militarization of the area and the permanent harassment of their members by the CGC private
security services. The case was brought to the attention of the Inter-American Commission on
Human Rights, which asked the Government to take protective measures in favour of the
community. As no satisfactory response was received from the State and the threats continued,
the Commission then referred the case to the Inter-American Court of Human Rights, which
ordered provisional measures to protect the community. These measures were upheld by the
Court in its decision of June 2005, triggering a limited response from the Ecuadorian authorities.
21.
Further complaints have been lodged concerning the placing of explosive charges in
Sarayaku territory for seismic exploration by CGC and the destruction of holy places and
plant life. The Government informed the Special Rapporteur that some of these complaints had
been upheld, but that removing the explosive charges would be too expensive. In March 2006,
in a new hearing before the Inter-American Commission for Human Rights, government
representatives proposed an amicable settlement with the Sarayaku, consisting of the voluntary
withdrawal of CGC from block 23, recognition of and public apologies for human rights
violations committed against the Sarayaku, the establishment of an economic fund for the
central-south Amazon region, and reforms to the prior consent rules relating to oil operations.
The proposal has been rejected pending a ruling by the Commission or Court. The Ecuadorian
Office of the Ombudsman, along with the Sarayaku community, has asked the State to comply
with the measures laid down by the Commission and the Court, but the Special Rapporteur has
been informed that this compliance is still pending.
22.
Relations between the State, the oil companies (both national and transnational) and the
indigenous communities are complex, requiring the full attention of the authorities and human
rights defenders. A director of the State oil company assured the Special Rapporteur that, in
some regions, the companies are careful to comply with the law, adjust their activities to
environmental and human rights requirements, and maintain satisfactory relationships with the
indigenous communities in which they are based. Nevertheless, he recognized that there are
other regions in which this does not occur and where there is, in his own words, “chaotic chaos”.