Update on February 12th, 2025 | 5:46 pm
AF’s legal team in Ecuador has confirmed that the Constitutional Court has not included the ruling on Indigenous territories in its immediate agenda for tomorrow, Thursday. This last-minute decision follows intense internal discussions within the Court, reportedly driven by mounting legal and public pressure, including concerns raised online, in legal filings, and in our press release yesterday.
While this development is significant, the underlying issue remains: a hearing is urgently needed to ensure Indigenous voices are heard before any ruling is made on case 1296-19-JP. We will continue monitoring the situation and will provide further updates as they develop.
QUITO, Ecuador.— Civil society organizations and Indigenous leaders are raising urgent concerns over reports that Ecuador’s Constitutional Court will issue a ruling during its upcoming session on case 1296-19-JP, which concerns the Waorani communities of Pastaza and six other Indigenous nations, without properly consulting Indigenous Peoples. Such a decision could set a dangerous precedent, further undermining the internationally recognized right to free, prior, and informed consent.
The case, which has been pending before the Constitutional Court since 2020, involves a challenge to the Ecuadorian government’s reliance on a 2012 oil consultation process that was previously ruled invalid due to serious violations of Indigenous rights. The government is now attempting to proceed with new oil extraction projects in the southeastern Amazon without meaningful consultation with the Andwa, Achuar, Shiwiar, Kichwa, Shuar, Sapara, and Waorani Peoples—despite the clear legal precedent affirming their right to self-determination.
“This case is not just about the rights and territory of the Waorani; it’s about the survival of at least six other Indigenous Peoples and the Amazon itself,” said Lina Maria Espinosa, a lawyer with Amazon Frontlines.
“If the Constitutional Court issues a ruling without a dialogue and without listening to Indigenous Peoples, it is ignoring its obligations, turning its back on them and sending the message that the voice of Indigenous Peoples can continue to be ignored and that their rights are negotiable rather than fundamental.”
Amazon Frontlines, Indigenous organizations and other allies are calling on the Court to:
- Hold an urgent hearing in Waorani territory to ensure Indigenous voices are heard before any ruling is issued.
- Ratify the Waorani ruling and set national jurisprudence to strengthen the legal framework around free, prior, and informed consent.
- Establish clear legal standards requiring explicit Indigenous consent for extractive projects affecting their territories, in line with international human rights law.
“The Amazon is at a tipping point, and Indigenous Peoples have been its guardians for millennia,” said the Indigenous leader Nemonte Nequimo, member of the Waorani nation. “A court decision made without our voices is a violation of our rights and a threat to our future.”
For media inquiries, please contact:
Sophie Pinchetti
External Communications Manager at Amazon Frontlines
(+593) 93 9918899
sophie@amazonfrontlines.org
