In 1996, the Ecuadorian state gave concession of the oil block 23 to the Argentinean General Fuel Company (Compañía General de Combustibles, CGC), affecting 60% of the territory of the Original Kichwa People of Sarayaku. This concession occurred without the Ecuadorian state complying with any process of informing, consultation or consent of the Sarayaku people facing the development of oil activities in their territory.

Map of the Ecuadorian Amazon with the oil blocks
and oil companies' concessions as of 1996

Since 1996, the people of Sarayaku have expressed their rejection of the entrance of oil activities in their territory, based on the enormous negative impacts that this activity provokes in their sacred lands, their quality and ways of life, development, spirituality, the Amazonian environment, social peace, and the integrity of the community members.

Map of the Sarayaku territory affected by CGC's block 23

Nevertheless, during the last trimester of 2002 and the first trimester of 2003, CGC repeatedly entered Sarayaku's territory without the authorization and against the will of the legitimate land owners, in order to carry out highly destructive seismic activities. In an attempt to detain the advance of the seismic campaign, Sarayaku declared itself in emergency for seven months to mobilize the men, women, elderly, youths, and even children to defend their territory by constructing "Camps for Peace and Life". These camps were built in the middle of the jungle, where the invasion of CGC and the armed forces was taking place. This decision entailed grave risks for the life, integrity, health, nutrition, education, culture, and spirituality of the Sarayaku community members.

Cultural expression in a traditional festival of Sarayaku;
This and other cultural practices were limited during the conflict with CGC

According to official information from the Ministry of Energy, there are 476 points within Sarayaku's territory, as well as the Achuar territory, where CGC placed, without the knowledge of the local population, without having consulted them beforehand, and against their will, charges of three and five kilograms (seven and eleven pounds) of pentolite, an explosive of high destructive power. In total, 1.433 kilograms (3,153 pounds), almost a ton and a half of explosives, planted twelve meters (forty feet) below ground and an unknown quantity on the surface was left abandoned in the sacred jungle of Sarayaku. These spots were used for hunting by men and gathering by youths and children. Information provided by the Ministry of Energy reports that this explosive is highly dangerous and that the charges can accidently and easily detonate.

"The territory of Sarayaku is more than a reserve of natural resources;
it is a living space, "kausak sacha", that integrates
the concept of life and sacredness.
For the people of Sarayaku, natural spaces are inhabited by superior beings,
who are the owners that regulate ecosystems' functioning and balance.
Their presence depends on respect for the places where they live,
which is limited even by the presence of the members of Sarayaku."

In early 2003, Sarayaku went to the Inter-American Commission on Human Rights and solicited their immediate intervention to safeguard their rights violated during the seismic campaign of CGC. In May, the Commission announced injunctions in favor of the life and integrity of the community members and their special relationship with their territory. The state systematically ignored these measures.

Given the non-compliance of the injunctions, the Commission requested that the Inter-American Court of Human Rights dictate provisional measures in favor of Sarayaku, which were granted in July 2004. These measures looked to protect the life and integrity of the Sarayaku community members, the investigation of the acts of violence committed against them, and the effective guarantee of the right to free movement within their territory. This last right was disrupted when allies of the oil company arbitrarily blocked the Bobonaza River, which passes through the Sarayaku territory, in order to pressure the community members to desist in the legal actions undertaken and to begin direct negotiations.

Traditional house in Sarayaku

With the state still refusing to comply with these measures, the Commission, in June 2005, ratified expanded measures which incorporated a disposition that the explosives left by CGC in Sarayaku's territory be removed.

Since December 2007, the Ministry of Mines and Oil began steps to remove the explosives through the work of the Intervention and Rescue Unit of the National Police. By December 2009, they had retrieved only fourteen kilograms (thirty-one pounds) of explosives. The finalization of the removal of these explosives from Sarayaku's territory will set an important precedent in relation to the territorial rights of indigenous peoples affected by the oil industry.

On May 8, 2009, the Ministry of Mines and Oil authorized without consultation a new opening of oil operations in blocks 23 and 24, spaces in which the Sarayaku people as well as the Shuar and Achuar nationalities have opposed exploitation since the end of the nineties. These are also areas which are sheltered under decisions of international human rights organisms.

Community fishing activity in which the whole community participates;
each family member participates in this event which manifests their traditional culture and norms;
during the time of the conflict with CGC, these kinds of activities were limited

Even though CGC is not taking part in the restart of these activities, this decision shows the fragile situation of the Sarayaku case.

On January 26, 2010, the Inter-American Commission on Human Rights released their resolution on the case. Knowledge of the case has been passed onto the Inter-American Court of Human Rights. On July 7 and 8, 2011, the adjudication hearing will be held in San Jose, Costa Rica and the Court will release a verdict that indigenous peoples and experts throughout the world, especially in the American continents, are anticipating because it could set new precedents for the respect of the right to prior consultation and consent of communities affected by oil projects. For Ecuador this verdict, who's carrying out will be compulsory for the state, will bring large repercussions and bridge an intense debate that has been raging in the last few years with respect to the scope of the right to consultation and territorial rights of indigenous peoples.

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Source: Fundación Pachamama

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