Kichwa Indigenous People of Sarayaku v. Ecuador

Abstract

Human rights — Obligation of States to protect rights of persons under their jurisdiction — American Convention on Human Rights, 1969 — Scope of obligation under Article 1(1) — Right to property — Right to life — Right to freedom of movement and residence — Right to personal integrity — Obligation to adopt domestic legal measures — Whether Ecuador’s oil exploitation project in Sarayaku territory violating indigenous peoples’ rights under American Convention

Environment — Natural resources — Oil exploitation — State obligation to consult indigenous peoples on development projects impacting their territory — Indigenous and Tribal Peoples Convention, 1989 (ILO Convention No 169) — Whether obligation to consult applying to contract concluded before ratification of ILO Convention No 169 — Whether obligation to consult a treaty obligation or general principle of international law