A/HRC/42/37/Add.1 27. On the Cóndor mountain range, the ancestral land of the Shuar people, concessions were granted without prior consultation for three mining megaprojects declared to be of strategic importance, namely, Fruta del Norte and Mirador (Zamora Chinchipe) and San Carlos Panantza (Morona Santiago). This concentration of mining operations, including two open-pit mines, will have an enormous cumulative impact in terms of the takeover of lands and effect on water sources and sites that are sacred to the Shuar people, such as the waterfalls. The Comptroller General’s Office has referred, among other serious problems, to the inadequate environmental impact studies on the Mirador and San Carlos Panantza projects. 6 The Kupiamai community, representatives of the Shuar Interprovincial Federation and the Association of Shuar Centres of the Community of Bomboiza reported on the criminalization of leaders, violence, fraudulent land purchases, imposition of mining easements, forced evictions and environmental pollution, including the impact on water and agricultural production, under both projects. In Tundayme, the Special Rapporteur visited the alleged site of the torture and death of Shuar leader José Tendentza in 2014. The facts of this crime, allegedly related to his opposition to mining activity, have not been elucidated. There were also reports of a failure to conduct a proper investigation, to punish the perpetrators and to provide redress in the cases of murdered Shuar leaders Bosco Wisum (2009) and Freddy Taish (2013). 28. The forced displacement of indigenous communities in the context of extraction projects is a matter of special concern. The Special Rapporteur met with families who had been displaced from the Cascomi Tundayme community, where the Mirador project is being carried out. She was briefed on the destruction of the school and the church (2014) and three forced evictions, two in 2015 and one in 2016, which were carried out by the Mining Regulation and Oversight Agency at the request of the concessionaire, Ecuacorrientes SA. The unannounced evictions were violent, and involved the demolition of homes, property grabbing and inadequate alternative housing arrangements, as well as the presence of the company’s private security. According to the Ombudsman’s Office, the international standards on eviction were violated. 7 The Cascomi community was granted interim measures in July 2018; its request for protection was denied in January 2019. The Court did not recognize the indigenous identity of the community. 29. The Shuar Arutam community of Nankints was violently evicted in 2016 in the context of the San Carlos Panantza mining project of ExplorCobres S.A. The ensuing conflict resulted in the declaration of a state of emergency, criminalization, violence and the militarization of the area, which in turn generated displacements in San Pedro de Punyus, Kutukus and Tsuntsuimi. There were reports of abuse by the armed forces. Displaced families from Nankints, who now live in Tiink, are facing a humanitarian crisis. The provincial government of Zamora Chinchipe expressed concern about these incidents and about their impact and the lack of consultation on the part of the many mining projects in the province. 30. During the regional assembly of Amazonian indigenous peoples in Lago Agrio, the Special Rapporteur noted the absence of environmental rehabilitation, reparations and adequate compensation for communities that have suffered for decades the impact of oil exploitation on their lands and territories, as in the case of the area affected by the operations of Chevron-Texaco. The rivers, groundwater and soil are being polluted, with the resulting negative impact on health and food production. The community has not received a fair share of the benefits. In the absence of State services, the companies provided basic social services which involved cronyism and paternalistic practices, as noted in 2006 by Special Rapporteur. Stavenhagen. Several communities reported that when projects are closed down, they leave behind a bleak scene of environmental destruction and lack of services and economic opportunities. In August 2018, in the case of ChevronTexaco v. Ecuador, the Permanent Court of Arbitration at The Hague accepted the company’s argument that it had complied with a 1995 agreement with Ecuador, including 6 7 GE.19-11328 Amicus curiae, protection action No. 17371-2018-00394. Office for the Coordination of Humanitarian Affairs (OCHA), Guiding Principles on Internal Displacement (https://www.unhcr.org/en-us/protection/idps/43ce1cff2/guiding-principles-internaldisplacement.html). 7