Indians defend ancestral lands in court

The Inter-American Court of Human Rights is expected to hand down a decision later this year relating to a complaint filed by an indigenous community against the Ecuadorian government for allegedly violating their rights by opening up their ancestral territory to oil exploration without their permission.

The case of the Kichwa people of the Sarayaku tribe is being watched closely by indigenous groups in other Latin American countries, who have made similar appeals for the protection of their lands against encroachment by government and big business.

On Thursday, the Costa Rica-based court began taking testimony from a representative of the Sarayaku tribe and experts over what had transpired in the 1990s and early part of this decade when the Ecuadorian military forced its way into the Kichwa's territory to help workers begin seismic testing in their search for oil. The hearing lasted two days.

The case is being closely watched by other tribal groups in Brazil and Peru

The Kichwas of the Sarayaku, a remote tribe of about 1,200 people who live in Ecuador's Amazonian province of Pastaza, were never consulted or asked whether their land could be used for oil-exploration activities, according to the complaint that was filed in April 2010. They are also alleging a lack of legal protection by the Ecuadorian government.

In 1996, Ecuador signed a contract with the Argentinean oil company Compañia General de Combustibles (CSG) to begin drilling and exploring for oil in an area known as "Bloque 23," which is located right in the middle of the Sarayaku ancestral territory. The land has been traditionally used by the community to hunt, fish and pick fruit. Only four years earlier, the government had granted them legal ownership of the land.

Tensions peaked by the end of 2002 and the early part of 2003 when the military moved in to help company workers continue their seismic activities. In their search for oil, the CSG knocked down forests and used explosives.

"There were some threats against the Sarayaku's leaders," explained Alejandra Vicente, the lawyer in the case from the Washington-based Center for Justice and International Law (CEJIL), in a telephone interview with EL PAÍS on Friday. "Threats were made by telephone to some leaders and one leader was attacked as he was going to a hearing."

The tribe is asking the Inter-American court for a ruling demanding that the Ecuadorian government comply with its own laws to consult and obtain prior permission from tribes before invading their lands.

"This would be an important decision that would set a precedent in the region and help in other conflicts such as in Brazil and Peru," said Vicente.

The Ecuadorian constitution, which Vicente called "one of the most advanced in the region," recognizes the rights of Indian tribes, including affording a guarantee to consult with them before the government implements any type of programs that would affect them. The clause was first introduced in 1998 and reincorporated, albeit with a lot of debate, when the Constitution was rewritten in 2008.

But the manner in which companies invoke the "consultation" provision has been filled with controversy. In some cases, businesses have called a group of tribal leaders together to tell them what their plans are but without taking their input.

Vicente explained it will be "a challenge" to Ecuadorian lawmakers to adopt legislation that better protects the tribal communities and takes into account their opinions.

During the hearing, CEJIL co-counsel Mario Melo explained that the Argentinean oil firm left some 1,400 explosives in a 16,000-hectare area. The Inter-American court asked the Ecuadorian government for better protection of the Sarayakus six years ago but Quito has failed to comply, he said.

José Gualinga, one of the Sarayaku leaders, said in Costa Rica on Friday that "we have decided not to let them destroy our forest."

"We're a people only 1,200 strong but I know that there is a fighting spirit in each one of our hearts," he was quoted as saying by the Quito daily Hoy .