A/HRC/42/37/Add.1
environmental remediation. In this regard, the State should give priority to protecting the
rights of indigenous peoples and their access to justice, redress and remediation when
signing agreements with private companies.
31.
The lack of remediation for the impact of past operations increases concern about
the new concessions announced by the Government. There are plans to activate concessions
under the eleventh round (2012), and a twelfth round has been announced. Blocks 79 and
83, which were granted in concession to the Chinese company Andes Petroleum in 2016,
cover 70 per cent of the territory of the Sápara nation. During their visit to the community
of Jandiayaku, the Sápara authorities pointed out that their people were at risk of
disappearing, given its small population. They reported serious acts of violence arising
from the people’s opposition to oil operations, which had increased as a result of the
inadequate process of consultation in the blocks, including attacks against their leaders and
the murders of a young boy, Emerson Ushigua (2013), and of Anacleta Dahua (2016),
which remain unpunished. This violence and the potential environmental and social impact
of oil activities pose a serious threat to the survival of the Sápara nation. Representatives of
the Huaorani people expressed their concern over the tendering without adequate prior
consultation of block 22, which would affect almost 17 per cent of the Huaorani territory in
Pastaza.
32.
With regard to implementation of the 2012 judgment of the Inter-American Court of
Human Rights in the case of the Kichwa Indigenous Peoples of Sarayaku v. Ecuador, the
Special Rapporteur noted that some of the measures ordered by the Court had been adopted,
but no progress had been made in regard to three decisions, namely, neutralization,
deactivation and removal of surface and buried pentolite; 8 prior consultation before any
impact on their territory; and development of an adequate legal framework to guarantee the
right to consultation. In this context, it is concerning that there has been no consultation
regarding the tendering of the eleventh and twelfth rounds of three blocks that would affect
more than 91 per cent of the territory of the Sarayaku, which would represent a repetition of
the violations found by the Court.
33.
There were also reports of violations of the rights of indigenous peoples in the
context of infrastructure projects, such as the Soldados Minas-Yanuncay project operated
by Elecaustro, which would affect the indigenous communities of the parishes of San
Joaquín and Baños de Cuenca, and the Piatúa hydroelectric project in the canton of Santa
Clara, Pastaza. The Kichwa communities affected by the project, which is operated by
Genefran S.A., reported the unauthorized entry of company staff, divisions created in their
communities and criminalization of their leaders. There had been no consultations in either
case. There were also reports of violations of the communities’ human right to water by the
management of Hidrotambo S.A. in the Dulcepamba River.
34.
The expansion of single-crop plantations such as African palm has for decades had a
negative impact on indigenous territories, particularly on the coast. Representatives of the
Épera, Awá and Chachi peoples reported land-grabbing, evictions, pollution of the
environment and water, declining crop production and health impacts associated with those
activities. In Pichincha, the Kayambi people complained about pollution caused by
industrial flower farms.
C.
Protected areas
35.
Protected areas and other environmental protection measures in indigenous lands
and territories are implemented based on single-crop environmental criteria without
consulting the peoples concerned. Once these lands are integrated into the national system
of protected areas, they fall under the jurisdiction of the competent State authorities,
without regard for pre-existing indigenous rights. Thus, most of the environmental
protection measures taken limit the exercise of indigenous autonomy and undermine their
territorial rights and self-determination. In the case of protected areas and intangible zones,
8
8
Available at http://corteidh.or.cr/docs/casos/articulos/seriec_245_ing.pdf.
GE.19-11328