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Ecuador court case on the auction of oil block 22 in Waorani Nation territory

Ecuador
National
Approved in 2019
Case
Rights Of Nature
Nature
All Nature
Boyotai Omaca Huiña, Ahua Api Memo Yahuiga, Guiquita Yeti Gabriel Dica, Enqueri Ñihua Omanca, Burbano Villarreal Harold Andres, Nenquimo Pauchi Ines Viviana, and Curipallo Alava Yajaira Anabel (representatives of the Waorani nationality)
Indigenous

Summary

Representatives of the Waorani Nation, an indigenous group of Ecuador, presented a protection action related to shortcomings in conducting prior consultation in the framework of the bidding for block 22, which overlaps the territories of various nationalities. The plaintiffs alleged non-compliance with national and international standards, particularly those related to intercultural considerations, and claimed that rights of nature had been violated. The protection action was accepted by the constitutional judge, but the judge declared that rights of nature were not violated since no hydrocarbon activity was undertaken within the 12 communities that inhabit block 22 at the time of the case. On appeal, the violation of the constitutional rights of self-determination and prior consultation was declared. The threat to the rights of nature was alleged by the plaintiffs, in both instances.

To see the original legal document(s) for this initiative, click the links below:

Waorani Case First Judgment [PDF]
Waorani Case Appeals Judgment [PDF]

To see other supplementary information related to this initiative, click the links below:

Amazon Frontlines - Waorani People Win Landmark Legal Victory Against Ecuadorian Government
Aljazeera - Indigenous Waorani win landmark legal case against Ecuador gov’t
Mongabay - Court forces Ecuador government to protect Indigenous Waorani during COVID-19
The New Yorker - An Uncommon Victory for an Indigenous Tribe in the Amazon

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