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Ecuador: Failure to comply with the popular will endangers one of the most diverse ecosystems in the world,

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Updated: Jan 30



SELVA: WHISPER OF THE PINK DOLPHIN*

28/01/2025



A human rights expert is presenting arguments in the case of oil exploitation in Yasuní National Park, after the referendum organised under the national Constitution was breached by the Ecuadorian government, putting indigenous peoples in the area at risk and threatening to cause environmental damage. 





The UN Special Rapporteur on Toxics and Human Rights , Marcos Orellana, presented his arguments to the Constitutional Court of Ecuador on Monday in the case of the referendum on oil exploitation in the Yasuní National Park , through a procedural figure known as amicus curiae.

Orellana outlines international standards for compliance with judicial decisions that require States to ensure their effective and prompt execution.


"Failure to comply with the popular will and the ruling of the Constitutional Court of Ecuador endangers one of the most biodiverse ecosystems in the world , threatens the rights of indigenous peoples and undermines the constitutional rule of law," he said.





Non-compliance of the Ecuadorian Government

In August 2023, Ecuadorian citizens decided, through a popular consultation organized under the national Constitution, to leave the oil in Block 43 of the Yasuní National Park underground indefinitely.


The Constitutional Court gave this decision a final deadline of compliance until August 2024. Despite the ruling, the Ecuadorian Government has continued with the extraction of hydrocarbons in this National Park .


The Special Rapporteur stated that “international human rights standards on compliance with court judgments take on even greater importance when non-compliance endangers the survival of indigenous peoples and threatens to cause significant environmental damage .”


Rights of indigenous peoples

In his amicus curiae brief , the expert stressed the relationship between the rights of indigenous peoples and the protection of a healthy environment.


Orellana noted that indigenous peoples living in the Amazon rainforest in Yasuní face serious threats to their health, lands and territories as a result of exposure to hazardous substances and waste generated by oil extraction.


Compliance with sentence


“Constitutional courts have a crucial role to play in the effort to incorporate international standards for the protection of human rights into domestic law,” Orellana said.


The expert also stressed the importance of the Constitutional Court of Ecuador evaluating compliance with its ruling in this case.


“To make sustainable development a reality, the Escazú Agreement on environmental rights in Latin America and the Caribbean prioritizes access to justice in environmental matters and requires States Parties to have effective mechanisms to enforce judicial decisions,” said the rapporteur.





Editorial Observation: In early May 2024, President Daniel Noboa issued Executive Decree 257, creating the Yasuní ITT Popular Will Execution Committee (CEVP Yasuní-ITT). The committee aims to oversee the gradual and orderly withdrawal of all oil extraction activities in Block 43 (ITT), located in the protected Yasuní area, following the results of a public referendum held on August 20, 2023. However, environmental, indigenous, and human rights groups criticize the decree as "empty words," pointing out that it lacks clear timelines and funding to ensure its implementation.


Source: UN NEWS


*Special Rapporteurs/Independent Experts/Working Groups are independent human rights experts appointed by theUnited Nations Human Rights Council. Collectively, these experts are called the Special Procedures of the United Nations Human Rights Council .Human Rights Council . The Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. Although the United Nations Human Rights Office acts as the secretariat of the Special Procedures, the experts act in their individual capacity and are independent of any government or organization, including the OHCHR and the United Nations. Any views or opinions presented are solely those of the author and do not necessarily represent those of the UN or the OHCHR .

Country-specific observations and recommendations from UN human rights mechanisms, including special procedures, treaty bodies and the Universal Periodic Review, can be found on the Universal Human Rights Index  https://uhri.ohchr.org/en/ .

*** Amicus curiae literally translates as “friend of the court.” Referring to someone who, despite not being a party to a court case, assists the court by providing information or advice. This person has a direct interest in the outcome of the process, and is therefore allowed to participate in it. 



EDITORIAL COMMENT


Yasuní National Park, designated a UNESCO Biosphere Reserve in 1989, stands as a globally significant symbol of ecological and cultural richness. Together with the nearby Cuyabeno Wildlife Reserve, Yasuní forms one of the most species-rich and biodiverse tracts of rainforest in the world, unmatched in its concentration of life.






In a single hectare of Yasuní, one can find more tree species than are found across all of North America. Its flora and fauna include countless endemic and rare species, such as the golden-mantled tamarin, the giant otter, and vibrant bird populations, including the harpy eagle. The park’s ecosystems provide crucial habitats for millions of insects, amphibians, reptiles, and plants, many of which remain undiscovered, offering untold potential for scientific breakthroughs in medicine, biotechnology, and sustainable resource management.





This extraordinary biodiversity is not merely an ecological wonder but a cornerstone of global environmental health. Yasuní’s rainforest plays a pivotal role in regulating the Earth's climate, acting as a carbon sink that mitigates the effects of global warming. The interdependence of its flora and fauna creates a resilient ecosystem that supports both local and global biodiversity networks, underscoring its irreplaceable value.





Beyond its environmental significance, Yasuní serves as a sanctuary for Indigenous communities, including the Tagaeri and Taromenane, who live in voluntary isolation. These groups represent a vital cultural heritage, exemplifying sustainable coexistence with the natural world. Their traditional knowledge, deeply rooted in the rhythms of the forest, provides invaluable lessons in environmental stewardship and holistic living.


However, Yasuní faces existential threats, primarily from oil extraction and deforestation, which jeopardize its delicate ecosystems and the rights of its Indigenous inhabitants. The park’s remarkable biodiversity and the cultural significance of its Indigenous peoples make it a focal point for debates about conservation and development. It challenges humanity to weigh the value of preserving irreplaceable natural and cultural resources against short-term economic gains.


The story of Yasuní is not only about what is at stake but also about the possibilities for action. International cooperation, sustainable development, and policies that honor Indigenous sovereignty are essential to ensure that Yasuní remains a beacon of biodiversity and cultural integrity for generations to come. In a world grappling with environmental crises, Yasuní is a powerful reminder of the interconnectedness of human survival and ecological preservation—and of the extraordinary legacy that can still be safeguarded.









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1 Comment


selvaeco
Jan 29

Excellent article. A truth that few people in Ecuador are taking into account. It is like watching something very serious happen while covering the eyes with your fingers open. A tough battle, but the Yasuní and the entire Ecuadorian Amazon will be protected and we will save.

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