Information about the people of Waorani
MINISTRY OF ENERGY AND NATURAL RESOURCES NON –
RENEWABLE, MINISTRY OF ENVIRONMENT AND ATTORNEY
FOR 3 DAYS OF HEARING failed to show
that in 2012 FULFILL ITS OBLIGATION TO
EXECUTE prior consultation, free and informed AND BE
BOUND BY THE SELF – DETERMINATION OF 16 COMMUNITIES
The lack of solid proof and aigumentos and descalciƒicar attempt to
communities Ia was constant during their interventions
Puyo, April 19, 2019 . During
days 11 and 13 April l2 as stipulated in article 14 of the organic law
of judicial guarantees and constitutional control the Waorani
communities of Pastaza ’16 through our claimants and lawyers demonstrate
without a doubt that in 2012 the then Ministry of Natural Resources
Nonrenewable through the Ministry of Hydrocarbons and the Ministry of
Environment violated our right to free, prior and informed consultation
and self – determination and the impacts of such a violation lasts until today.
3-day hearing Protection Action through a solid legal argument and
documentary evidence (record prior consultation, free and infomada.
2013, Round southeast. Block 22 Prepared by HES) and testimony (members
of communities and expert) witnesses show that what happened in 2012,
and that the state insists cn call request, was merely the execution of
activities, metoIoIógicamente inaccessible, hasty, culturally
inadccuadas and in no way sought to establish a process of dialogue
incomplete information systematic, harmonious and respectful of our ways
of life and priorities. That is in no way be understood as consultation and worse still free, pre-informed.
regret that during the three-day hearing a defense of the Ministries of
Energy and nonrenewable natural resources, Ministry of Environment and
Attorney General, in the absence of factual and technical arguments have
sought to terrorize and delegitimize community and expert testimony; and
since our documentary evidence is information produced by the own
Secretary of Hydrocarbons did not have as challenge it, instead they
only sought to justify the stamp signature assistance photograph of a
person at a meeting, a radial wedge waoterero, or a video of an assembly
where a technique in 28 minutes explaining everything that involves oil
exploration tender and may be considered consultation.
The court, presided by Judge Esperanza del Pilar Araujo, decided to reinstall the hearing next Friday, April 26 sentencing. For our part, we believe
that the court has sufficient legal, technical and evidentiary
arguments to declare the violation of the rights to free, prior and
informed consultation and self – determination in favor of the applicants communities; in
estrido sense, sufficient that we had shown that has not been met with
one of those applicable to prior consultation for a violation of
constitutional rights requires a comprehensive repair set standards.
However, the so – called consultation of 2012 has not one but multiple defaults background, proven in court and positions below:
PRIOR CONSULTATION WAS NOT
Our first argument on the standard of consultation, and in relation to the reasonable time and Ia good faith; He
showed that the state had already intended to tender the so-called
Block 22 since 2010 when he announced the convening of a new round of
bidding and was confirmed in 2011 when the Ministry of Natural Resources
Non-Renewable (MRNNR) made the presentation of the new oil land in the
country which created 21 blocks, located in the provinces of Pastaza,
Morona Santiago, Napo and Orellana, constituting the Tenth oil Round
First Round East or South.
understand prior and reasonable time should last the consultation
process should be suitable for transmirir information, obtain
understanding of the implications of the project and create
opportunities for cultural dialogue, allowing the consulted community
make a decision without any pressure because of time. For determining the reasonableness of the term should be clearly time to cultural communities consulted.
the State waited until August 2012 for 3 meetings of rapprochement with
NAWE (the Waorani Nationality of Ecuador organization) and 27 days to
run the so-called consultation; prior
to the issuance of Executive Decree 1247, which regulates the execution
of prior, free and informed bidding processes and allocation of areas
and consultation hydrocarbon blocks.
is important to note that the Executive Decree 1247 has a restrictive
approach to collective right of free, prior and informed consultation; it
emphasizes informative nature of the process, reducing it to a non
garantista formal procedure which undermines the spirit and purpose of
the consultation and contemplates the socialization of the benefits of
activities that can access the indigenous peoples and naçígnalidades but
omits include information regarding the potential social damage and
negative environmental impacts, also contravening the character of
„informed“ that must have the query.
Ecuadorian Constitutional Court itself, in the absence of an adequate legal framework for the exercise of the right to prior consultation, has appeared on minimum standards to be met by all processo consultation in Case N. 001-10-SIN- CASE No. CC-09-iN OOOS and 0011-09-iN (ACCRUED) of 18 March 2010:
„In the case of infra-constitutional legislation does not exist, so far this runs aware, no law or regulation governing the process somehow prior eonsulta. Even so; no shortage of other sources that allow this Court to establish the minimum standards necessary to be met by any process of participation so that it can be given the name after consultation ‚at the terminus of paragraph 7 of arrtículo 57 of the Constitution. Among the most important sources of information with which quenta the Court, are Interamerikana the jurisprudence of the Court of Human Rights (Case Saramaka vs. Surinam); (…). Under this, the Court will use the general recommendations of the Special Rapporteur James Anaya, regarding the minimum requirements to be met by the process of eonnsulta to deserve the name.
and concerted definition of the procedure requires as a first step of
the query is set at the beginning of the discussion on substantive
issues, a process of negotiation and mutually agreed decision-making,
and respect for the rules established; This
provision of the Constitutional Court was not observed since from the
beginning the state took no contact with the legitimate representatives
of the Waorani communities of Pastaza, making only some leaders of the
NAWE; leaders after the
process of consultation alleged dumping in 2012 they were removed from
office by the residents of the communities as they never authorized to
such leaders subscription records according to the state within the
framework of the alleged prior consultation.
element of good faith implies there from the state real intention of
reaching an agreement, to obtain a real and informed consent of the
community. Under good
faith, consultation must be a true instrument of participation that goes
far beyond a mere formality, where an atmosphere of mutual trust and
transparency is generated; nonexistent action in this case.
INQUIRY WAS NOT INFORMED
criterion for the community informed consultation should be available
to all relevant information at all stages, transmitted in simple
language, easy to understand and in the appropriate language for its
members. This information
includes, but is not limited to documents and studies that would achieve
a real understanding of the communities consulted about the type and
magnitude of the anticipated environmental and social impacts. Informed
consultation character also implies that in any way the query is
exhausted in mere socialization of policies, plans, projects or actions.
the provisions of international and domestic standards for
consultation, what happened is that the state in 2012 through sporadic
community meetings between 1 to 2 hours, two assemblies of about 4 hours
and installation of a permanent information office, in charge of a 18
year old, without prior training, reported: it is a tender and round,
the phases of the oil industry and its impacts, oil revenues, the
management model HYDROCARBON the state and the right to consultation
among other topics; without
it had informed at any time about the potential that the activity
causes HYDROCARBON territories and communities in social, cultural and
of the community members who participated in those spaces supposed
consultation and testified before the court recognizes these terms,
their meaning or scope for their life plans and territory.
Nor is suitable as a method of registration, systematization and acceptance collecting signatures of support, videos of an assembly or registration of blogs and comment sheets; none of this corresponds to the traditional forms for the socialization of information, analysis and decision making.
results if the technical defense of the Ministry of Energy and Natural
Resources Non-Renewable indicated that the call to each of these spaces
was performed by radials wedges, loudspeakers and written press calls. In
this regard the content of the single wedge Waoterero shown in audience
does not specify any details on prior consultation, press
advertisements were in Castilian and perifoneo reserved for cities and
communities with access by land routes.
Unfortunately in this case, although the state had the firm intention
to tender the so-called oil block 22 since at least 2011, and in spite
of the existence of the sentence issued by the Inter-American Court of
Human Rights against Ecuadorian state for violation of prior
consultation in the Sarayaku case the state made what it calls
consultation 2 months prior to the bidding process.
Thus, the lack of a reasonable time and in full, detailed, accessible
and sufficient information shows that the state query far from being a
right is a simple procedure that is performed before the execution of an
activity, Here, the tender of an oil block.
INQUIRY WAS NOT FREE
to the standard free consultation discussion within the community
should not be marked by any coercion or inducement of an economic or
material. That is, there should not be pressure, fear or promise bribes to influence the outcome of the consultation; however,
in the documentary and testimonial evidence it demonstrated that over
the course process conducted in 2012 SHE assured the communities that
their health needs, education, housing, etc. would be covered with resources from the tender; thereby satisfying conditional rights to execution of a contract with third parties.
was fully demonstrated in the minutes compromise: agreement social
investment between HES and representation of communities in the area of
influence of Block 22, signed on 21 November 2012 between Ricardo
Obando, coordinator of social monitoring of SHE and Cawetipe Yeti
president of the NAWE, which states that if the block 22 is awarded for
exploration and exploitation of hydrocarbons, the block operator NAWE
give a general social background of $ 3,000,000 (Three million USD) by
the occupation of the territory for the execution of: education, health,
social development, infrastructure construction and institutional
signing of this agreement is a clear demonstration that the alleged
consultation process was not without pressure and injerencja and
therefore did not meet one of its lowest relative to good faith.
The obligation that the query is culturally appropriate all evidence, and even the development of interaction between state attorneys and plaintiffs during the hearing showed that institutions in 2012 and to date unknown complex organizational social system of Waorani, its clinical distribution, the role of and Pikenani (senior leaders) in decision-making issues of importance, the role of other age groups of the population, considerations and differentiated relationship of the Waorani with chronology and Spanish, its orality and the absence of meanings and signifiers of many terms mestizo occupied by the white world especially on technical specifications as discussed during the alleged eonsulta.
is shown that in 2012 the state through the SHE and MAE did not take
into account any of these items and instead the ignoring of their
traditional methods of decision-making has generated confusion,
ignorance, conflict and persistent communal divide up the date.
Finally, it is essential to emphasize that the right to consultation has a transverse relation to the right to self – determination including the power to indigenous peoples (…) to determine their own institutions and government authorities; to take or retain their norms, customs, worldview and development option or life project; and adopting internal or local decisions it deems most appropriate for conservation or protection of these purposes and its territories.
is concluded that when the Constitution, the constitutional law, the
law and national and international jurisprudence, sends the state make
free, prior and informed consultations with indigenous peoples
consultations not simply sends any one procedural step but a substantive
process that would facilitate the priorities of life of these peoples
and the defense and protection of their rights (those generals of the
entire population, those specific to Ylos indigenous peoples rights of
nature), scope clearly did not occur in the processes of alleged
consultation developed over 2012.
the above, and which, as indicated was duly argued and tried in court,
leaves no doubt of rape to prior consultation prevented the Waorani
communities depth knowledge of which implies a bidding process and
phases of the oil industry, was not accessible, simple and culturally
appropriate process, not respect their governance systems, it affected
the relationship between its members causing conflicts and fissures
remain dormant to date and has created a situation of uncertainty about
the safety of their territories and their lifestyles.
the declaration of infringement of the right to prior consultation and
thus to self-determination by the Court should not be limited to the
simple replacement of the consultation procedure, corrects the formality
of an administrative act, as could be the tender of an oil block. Proceed
this way would involve keeping violations perpetrated background when
the authorities do not adhere to the true spirit of the Right to Prior
the repair must order the court will have to ensure that the country is
carrying out a process which ensures the participation of the
authorities and organizations representing indigenous peoples and
communities and people directly involved, and describe the guidelines,
principles and standards that should govern the phase of consent and
consultation, ensuring culturally appropriate processes according to
each village; ie through
autonomous consultation protocols according to the customs, rules and
indigenous traditions, and taking into account the socio organizational
structures and traditional methods for making decisions of each people.
Order that is synthesized in the words of closing statement that Nemonte Nenquimo, one of the plaintiff and president of the Waorani CONCONAWEP Organization addressed the judges of the Court on April 13:
„We demand that our rights are respected. For our children, for other indigenous communities. You Lords, have the responsibility to defend our rights, because what happens in our territories is our decision and our territory is not for sale. Our territory is part of our life. We will die if oil companies come into our lands. We will fight until the end, not only here in this court. That’s my last word, with all my heart and all my soul. „
Lina Maria Espinosa, lawyer for the plaintiffs -> +593 98 633 84 95
Nemonte Nenquimo, President CONCONAWEP -> +593 97 970 94 11
Oswando Nenquimo spokesman Waorani -> +593 99 359 38 49
For more information , requests for interviews or photos / videos, contact:
Sophie Pinchetti, Comunicadora firstname.lastname@example.org
CHRONOLOGY OF EVENTS
- In 2010 the Minister of nonrenewable natural resources announced the convening of a round of oil bidding at that time included 8 blocks.
- In November 2011 the Minister of nonrenewable natural resources made the presentation of the new oil land that includes 21 blocks located in the provinces of Pastaza, Morona Santiago, Napo and Orellana constituting the eleventh round or oil southeastern round.
- In April 2012 the Minister of Non-Renewable Resources, reported that between May and October of the same year would be made „prior consultation“ in indigenous communities.
- In June 2012 the Inter-American Court of Human Rights determined the international responsibility of the Ecuadorian State for the violation of the rights to free, prior and informed consultation, the indigenous communal property and cultural identity to the detriment of lndigenous Kichwa Sarayaku.
- On 29 June Personal Secretary of Hydrocarbons – SHE met with leaders of the NAWE to expose the oil governance model as part of its strategy of previous socialization
- On July 6 the President of NAWE provides information about 12 communities SHE Waorani to be consulted.
- On 23 and 24 July 2 meetings between NAWE and HES for logistics definition of community visits were held.
- 25-26 July SHE staff and NAWE visited Waorani communities to socialize the model of hydrocarbon political management. Reunions in an hour and a half to two duration was reported on: oil industry processes, HYDROCARBON normative, pertrolera income benefits, levanter community information. Kiwaro, Tiweno, Tzapino, Damointaro: on 25 communities were visited. Day 26: Toñanpare, Kenaweno, Mite.
- 2 sgosto 2012 was published in the official register 759 N. Executive Decree 1247 / Rules consultation areas bidding processes and blocks.
- On September 11 he took place in Toñanpare and Kiwaro Public Hearings. In a video presented by the Technical Defense Ministry he showed the facilitator of the SHE hacienda a statement of 28 minutes (Includia translation) where they say information was given complete and culturally appropriate for: legal framework of the role consultation secretary of hydrocarbons, socio-environmental diagnostic, management sociopolitical model, which is a consultation, which is tender, which is south east round, information block components, steps from the consultation, etc. (Toñanpare Public Hearing Report, September 11, 2012. Prepared by supervising Ministry of Natural Resources Non-Renewable MRNNR)
- On September 25 assemblies feedback and closing permanent office that developed in Toñanpare and Kiwaro
- The draft ROUND suroriente was officially inaugurated on November 28, 2012 determined that oil companies may submit their bids for the blocks to be tendered until May 30, 2013, in April 2014 the Special Tender Committee hydrocarbon (Colh) extended the deadline until July 16 of the same year
- In 2013 the company TECPETROL Argentina showed interésen block 22 Ecuadorian state paying the amount stipulated by participation rights. After the technical and economic analysis, the company decided not to bid for failing in their estimates a critical mass of reserves to enable it to face the risk of mandatory minimum inversions. (Wilson Pastor, evaluation of the XI round of bidding)
- During 2018 several times Minister Carlos Perez reported that, in the next round or oil supply, block 22, among others, it is again made available to local and international oil companies.
- On 23 October 2018, will realize in the city of Quito the XIII Meeting Annual Mining Energy & Oil ENAEP 2018, Aspacio where governmental authorities of the area of energy, oil and mining provide domestic companies and foreign prospects for investment in projects which are considered strategic for the country. One of the main presentations was made by Carlos Pérez Minister of Energy and Natural Resources Non-Renewable entitled „New scenario energetic in the country and prospects for 2019“, which showed a favorable scenario for investment in hydroelectric projects, mining and oil in the south.