Court support for collective rights of indigenous organizations to cultural and land integrity. Violation of International Labor Organization (ILO) Convention No. 169 on indigenous and tribal peoples. Right to consultation and participation in the design, implementation and evaluation of plans and programs potentially affecting those peoples.
In April 2000, the rights Arco had in the land to be used in the development project were transferred to Burlington, an American oil company. Faced with the indigenous peoples’ refusal to negotiate and in their effort to advance development activity, Burlington made attempts to approach a few indigenous leaders. Due to these actions, indigenous communities federations (FIPSE, FINAE y FICSH) reopened the Interfederational Committee of Defense of Shuar and Achuar Peoples’ Land. Thus, it was possible to disrupt the dialogues and negotiations that the company had started.
This decision is a valuable precedent, because it grants legal protection to the indigenous communities’ traditional ways of political organization and representation. This protection is an indispensable tool for these communities to be able to effectively defend their substantive rights. Furthermore, the decision had a strong impact on indigenous peoples, as they started to see the court way as an effective tool to defend their rights.
Applicants: Federación Independiente del Pueblo Shuar del Ecuador (FIPSE) sponsored by Centro de Derechos Económicos y Sociales (http://www.cdes.org). Defendant: Arco Oriente Inc.