Open letter addressed by the Kichwa People of Sarayaku to the President of Ecuador
Sarayaku, September 13, 2012
Economist. Rafael Correa Delgado
CONSTITUTIONAL PRESIDENT OF THE REPUBLIC OF ECUADOR
In your office – Quito, Mr. President: As you know, on June 27, 2012, the Inter-American Court of Human Rights issued a judgment in the case of the Kichwa Indigenous People of Sarayaku against the Ecuadorian State. In that judgment, the Court declared the international responsibility of the Ecuadorian State for the violation of the Sarayaku People's rights to consultation, to indigenous communal property, to cultural identity, to judicial guarantees and judicial protection, as well as for having seriously endangered the rights to life and personal integrity of the members of our people.
The Court also ordered the Ecuadorian state to comply with a set of measures of restitution, satisfaction and guarantee of non-repetition that must be fulfilled in favor of the People of Sarayaku and whose repercussions, in several cases, are projected towards greater and deeper protection. of the dignity of the indigenous peoples of the country and the continent.
Several of the measures ordered by the Court seek to remedy situations of serious risk to life, such as those that refer to the removal of explosives placed in our territory and some other measures seek to prevent the reiteration of violations of the rights of indigenous peoples through the adoption of legislative, administrative or other measures that allow the effective fulfillment of the right to free, prior and informed consultation in accordance with international law standards. Said measures must be compulsorily adopted after consultation and participation of the communities.
However, more than seventy days have passed since the ruling was issued, and the government you lead has not established formal communication with the Kichwa people of Sarayaku to begin coordinating its implementation. Although the Ministry of Justice announced to us by telephone last Thursday, September 6, its intention to convene a meeting to discuss the ruling, this meeting has not yet taken place. The urgency and importance of the measures ordered in the ruling require that their implementation begin immediately to prevent the recurrence of the human rights violations for which the State was condemned.
Thus, we are concerned that although the judgment, in paragraph 301, provides that the State take the legislative, administrative or other measures necessary for the effective exercise of the right to prior consultation of indigenous peoples, modifying those that prevent it and Always acting with the participation of the indigenous peoples, consultation processes are now being carried out with the indigenous peoples of our own region regarding a new oil round, protected by a regulation put into effect before the sentence, without the participation of the indigenous communities. and that it does not respect the human rights standards indicated by the Inter-American Court.
This constitutes a clear contradiction between your government's stated commitment to comply with the Inter-American Court's ruling and what is actually happening in practice regarding the right to be consulted, in accordance with the international human rights framework that the Inter-American Court has repeatedly affirmed in favor of Indigenous Peoples. Concerned about this situation, I am writing to you to urgently request the appointment of a high-level official to oversee the timely coordination with the Sarayaku people regarding compliance with the Inter-American Court's ruling. Once this appointment is made, please inform the beneficiaries of the ruling and the Inter-American Court of Human Rights so that we can make contact and begin the process.
Likewise, we request that you instruct the authorities in the hydrocarbon sector to refrain from any actions that contravene the ruling of the Inter-American Court of Human Rights, particularly from proceeding with consultation processes without first amending current regulations to align them with Inter-American human rights standards and ensuring the participation of Indigenous communities. I take this opportunity to express, on behalf of the Kichwa Indigenous People of Sarayaku, our deepest respect and consideration.
Sincerely, José Gualinga TAYAK APU TAYJASARUTA PRESIDENT OF THE ORIGINARY KICHWA PEOPLE OF SARAYAKU CC. Inter-American Court of Human Rights
