Ecuador: Expert submits amicus brief in oil exploitation case in Yasuní National Park

GENEVA – The UN Special Rapporteur on toxics and human rights, Marcos Orellana, today submitted an amicus curiae brief to the Constitutional Court of Ecuador in the case of the popular consultation on oil exploitation in Yasuní National Park, setting out international standards for compliance with judicial decisions that require States to ensure their effective and prompt execution.

“The failure to comply with the will of the people and the ruling of Ecuador's Constitutional Court jeopardises one of the world’s most biodiverse ecosystems, threatens the rights of Indigenous Peoples, and undermines the constitutional rule of law,” the Special Rapporteur said.

In August 2023, Ecuadorian citizens, through a popular consultation organised under the national constitution, decided to leave the oil in Block 43 of the Yasuní National Park in the ground indefinitely. This decision was given a final compliance deadline of August 2024 by the Constitutional Court. Despite the ruling, the Ecuadorian government has pursued hydrocarbon extraction in Yasuní National Park.

“International human rights standards on compliance with court judgments take on even greater importance when non-compliance threatens the survival of Indigenous Peoples and threatens to cause significant environmental harm,” Orellana said.

In his amicus curiae brief, the expert stressed the relationship between the rights of Indigenous Peoples and the protection of a healthy environment. He noted that Indigenous Peoples living in the Amazon forest in Yasuní face serious threats to their health, lands and territories as a result of exposure to hazardous substances and wastes generated by oil extraction.

He also stressed the importance of the Constitutional Court of Ecuador evaluating compliance with its ruling in this case. “Constitutional courts have a crucial role to play in the effort to incorporate international standards for the protection of human rights into domestic law,” the Special Rapporteur said.

“To make sustainable development a reality, the Escazú Agreement on environmental rights in Latin America and the Caribbean prioritises access to justice in environmental matters and requires States Parties to have effective mechanisms to enforce judicial decisions,” Orellana said.