HUMAN RIGHTS FIGHT: Sarayakus vs. Ecuador

Writer: María Dolores Banda

Sarayakus vs Ecuador it's a case really important, that can help us to understand the applicability of human rights. But, before I start writing about this case, I would like to explicated who are the sarayakus.

Sarayakus is a kichuas community, they are located in Ecuador, and for being more expecific they are located in Pastaza province, at Ecuador Amazonian region. Sarayakus name was given by their ancestral people, and it means "river of corn". now a days their population goes around a thousand of sarayakus. The case of Sarayakus, it's an important case. Sarayakus people demonstrated to the world that human rights have to be respect by everyone, including the states. In this case, Sarayakus demand the state of Ecuador because the Ecuadorian state accept an oil company call CGC, to started working at the Amazonian region, in the sarayakus territory. This company plant and let some explosives in this territory. That's why the Sarayakus went to the CIDH, in order to asked for the respect of their rights.

The sarayakus said that it was not fair for them that the Ecuadorian state gave part of their territory to the Argentina oil company CGC without asking them, or giving some information about this action. The Ecuadorian state was judge by the CIDH because the states have international responsibility of the actions they do In their territories. Sarayakus just want to protect their territory and protect themselves. The production of oil in their territory was affecting not only their soberania, it was also affecting their life's, they health, and their culture.

But this was not an easy case for CIDH. Sarayakus case has lasted 10 years. The Inter America Court of Human Rights finally declare that the Ecuadorian state has international responsibility because of the violation of some basic rights. Such as, the rights of private property that the court recognized on their article 21st. The right of life and judicial protection, also recognized on articles number 4,8 and 25. The rights of residence and also the right of personal integrity.

We have to understand some things in order to understand why this case was so important. First of all, the sarayakus base their economy in the agriculture, 90% of their alimentary necessities are cover by their own resources, so when the oil company came, they were clearly affected by it. We also have to know that the sarayakus have their own authority,

Since 1979 the sarayakus have an statute the are recognized by the " ministerio de bienestar social". So sarayakus have a president, vice- president and a secretary. The Ecuadorian authorities were supposed to asked sarayakus authorities for permission to access to their territory. And sarayakus were supposed to asked to their community.

This are some of the reasons of why sarayakus won the case to the Ecuadorian state. We can see that their rights, their authorities and their culture were violated. Finally, I want to conclude giving my personal opinion. We have to understand that we all have different cultures. And we have to respect them all. In this case, we have to respect sarayakus culture, and understand their cosmovision, for them their territory are important, not only because is there were they live. But because they have a spiritual connection with this territory, and if the oil company want to explore and explore their territory in means that they have to go out there, and the earth it's going to suffer. This is how they think, and this is why they protect so much their territory. The state have to pay them because of all the problems this oil company gave them.

But we all have to protect our territory, we all have cultures and we all want to make our cultures being respect. So we must started respecting others culture. Sarayakus case it's an interesting case to understand how long a process can take, but at the end it's also a case that make us see the importance of the CIDH and their work. And how the appliance of their articles can help us to make our human rights being respect. This case help other communities to start taking action of themes like this, and make sure the states protect and guarantee their rights.

HUMAN RIGHTS FIGHT

Saturday, December 15, 2012

Sarayakus vs. Ecuador

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