7 January 2004

Sr. Lucio Gutiérrez
Presidente de la República
Palacio del Gobierno
Calle García Moreno y Espejo
Quito
Ecuador

Fax: 593-2-2580-751
Fax: 593-2-2580-748
 

Dear President Gutiérrez,

Re: Serious human rights abuses against the Sarayacu Community

The Forest Peoples Programme was extremely concerned to learn of the serious human rights abuses inflicted upon the indigenous community of Sarayacu on 4 December 2003 in the Ecuadorian province of Pastaza and of the climate of violence that has been created by the government and three foreign oil companies with holdings in Block 23.  We also feel that the announcement to militarize their ancestral land in order to facilitate oil exploration by CGC (Argentinean), Burlington Resources (North American), and Perenco (UK) in January 2004 has set the stage for future violence, which can and must be avoided.

We strongly urge you to ensure that the Human Rights and Collective Rights of the Indigenous Peoples guaranteed under Ecuadorian and international law be respected, most particularly their right to self-determination within their own territories. The FPP urges you and your government to obey the precautionary measures, advised by the Inter-American Commission on Human Rights (IACHR), to respect the indigenous communities of Sarayacu, and the cautionary advice expressed by the President of the Commission for Indigenous Affairs of the National Congress of Ecuador. The FPP also urgently calls upon the government to ensure full observance of the ordinance dated November 29, 2002, issued by the properly qualified Tribunal of Puyo, which orders the suspension of all foreign activities in the indigenous territories in question.

The FPP joins the appeals against the militarization of the Sarayacu territory strongly expressed by the Confederation of Indigenous Nationalities (CONAIE) and by the alliance of the Achuar, Shiwiar, Shuar, Zapara and Kichwa indigenous populations for the total respect of Human Rights, Collective Rights and freedom of the indigenous people of Sarayacu to self-determination for the security of life and property and integrity of culture and for the good of their own future.

Further to the above, in the light of the recent visit to the area by the Ecuadorian Minister of Energy and Mines, Carlos Arboleda, and his announcement that seismic exploration in Block 23 would be resumed this month, the Forest Peoples Programme urges the Ecuadorian government to respect and implement the relevant provisions of the International Labour Organisation Convention 169 on the Rights of Indigenous and Tribal peoples which it has ratified. Under Article 6.2 of this convention, as well as other relevant and binding international legislation, indigenous peoples have the right to Free Prior and Informed Consent to development projects, and to choose their own priorities for development. In addition, we urge the Ecuadorian Government to uphold and put in practice article 84 (5) of the Ecuador Constitution, wherein indigenous peoples have the right to prior consultation with regards to development projects occurring on their lands.

We look forward to learning very soon how you plan to deal with this situation.

Yours sincerely,

Emily Caruso

Campaigns Assistant