Suing and Wining: Indigenous People, Ecuador

Hunter-gatherers in the Amazon sought in court on in April 2019 to stop Ecuador’s government auctioning their land to oil companies, as tension mounts over the future of the rainforest…The Waorani said the government did not properly consult them in 2012 over plans to auction their land to oil companies.

“We live on these lands and we want to continue to live there in harmony. We will defend them. Our fight is that our rights are respected,” said Nemonte Nenquimo, a leader of the 2,000-strong Waorani….Ecuador is pushing to open up more rainforest and develop its oil and gas reserves in the hope of improving its sluggish economy and cutting its high fiscal deficit and foreign debt…

The constitution gives the government the right to develop energy projects and extract minerals on any land, regardless of who owns it, but requires that communities are consulted first and are properly informed about any projects and their impact. Laws to regulate the consultation process have yet to be introduced – although the court case could push the government to do this, said Brian Parker, a lawyer with campaign group Amazon Frontlines, which is supporting the Waorani…

The government announced last year that it had divided swathes of forest up into blocs for auction, one of which – bloc 22 – covers the Waorani’s ancestral lands, raising the specter of pollution and an end to their way of life.  In two landmark cases in 2018, local courts sided with indigenous communities who said the government had failed to inform them before designating their land for mineral exploitation….The Inter-American Court of Human Rights also ruled in 2012 that Ecuador had violated its Sarayaku Amazonian community’s right to prior consultation before drillers started exploration on their lands in the late 1990s.

Excerpts Ecuador’s hunter-gatherers in court over oil drilling in Amazon, Reuters, Apr. 11, 2019

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