UN Expert Urges Ecuador to Honor Court Ruling on Yasuní National Park, Protect Indigenous Rights and Environment

Marcos Orellana Highlights International Standards and Human Rights Imperatives in Landmark Case.

The UN Special Rapporteur on toxics and human rights, Marcos Orellana, has called on Ecuador to respect the Constitutional Court’s decision and the will of its citizens regarding oil exploitation in Yasuní National Park. In a landmark case, Orellana submitted an amicus curiae brief urging compliance with judicial rulings and international standards to safeguard Indigenous rights and one of the world’s most biodiverse ecosystems.

“The failure to comply with the will of the people and the Constitutional Court’s ruling endangers Yasuní National Park, threatens Indigenous communities, and undermines constitutional governance,” Orellana stated.

The People’s Mandate

In August 2023, Ecuadorians voted decisively through a popular consultation to halt oil extraction in Block 43 of Yasuní National Park, mandating that the oil remain underground indefinitely. The Constitutional Court affirmed this decision, setting a compliance deadline of August 2024. However, despite the ruling and overwhelming public support, the Ecuadorian government continues to pursue hydrocarbon activities in the protected area.

Indigenous Rights and Environmental Threats

Orellana’s brief underscores the inseparable link between Indigenous rights and environmental protection. Yasuní National Park, located in the Amazon rainforest, is home to Indigenous Peoples who rely on its ecosystems for their survival. Oil extraction in the area has introduced hazardous substances, endangering the health, lands, and cultural heritage of these communities.

“Non-compliance with the court ruling exacerbates these threats and violates international human rights standards,” Orellana emphasized.

The Role of the Constitutional Court

The Special Rapporteur highlighted the critical role of Ecuador’s Constitutional Court in enforcing its decisions and aligning domestic actions with international human rights obligations. “Constitutional courts are pivotal in embedding human rights protections into national frameworks and ensuring accountability,” he said.

Escazú Agreement: A Framework for Justice

Orellana pointed to the Escazú Agreement, a landmark regional treaty on environmental rights in Latin America and the Caribbean. The agreement prioritizes access to justice in environmental matters and obliges States Parties to implement effective mechanisms for enforcing judicial decisions.

Call to Action

The Special Rapporteur’s intervention calls on Ecuador to honor the will of its citizens, fulfill its constitutional and international commitments, and take concrete steps to preserve Yasuní National Park. “Ensuring compliance with the court ruling is not only a legal obligation but also a moral imperative to protect human rights, biodiversity, and the planet’s future,” Orellana concluded.

This case serves as a global precedent, illustrating the intersection of environmental justice, Indigenous rights, and democratic governance in the fight against climate change and biodiversity loss.