Ecuador’s Constitutional Court Dismisses Action by Warriors for the Amazon
Ecuador’s Constitutional Court has dismissed a protective action from the Warriors for the Amazon, aimed at ensuring compliance with a previous ruling regarding the removal of gas flares. Despite recognition of ongoing non-compliance, the Court ruled there was no violation of due process. Activists, led by Pablo Fajardo and supported by Amnesty International, express continued determination to fight for justice and environmental protection.
On January 30, 2025, Ecuador’s Constitutional Court dismissed an extraordinary action for protection presented by the group “Warriors for the Amazon,” supported by the Union of People Affected by Texaco’s Oil Operations (UDAPT) and various community organizations. This group had previously won a court ruling in 2021 that mandated the removal of gas flares in the Ecuadorian Amazon and reparations for the violations of their health and environmental rights. The dismissal seeks to prevent the effective implementation of these reparation measures, particularly concerning flares near populated areas.
Amnesty International submitted an amicus curiae to the Court, emphasizing the unclear definition of “population centres” and how the authorities had manipulated this definition to appear compliant with the ruling. The judges’ decision prolongs the violations experienced by the plaintiffs and the wider Amazonian community, failing to uphold their constitutional rights.
Despite the Court’s acknowledgment of the lack of compliance with previous rulings, it dismissed the Warriors’ action on the grounds that there was no violation of due process rights. Consequently, the activists and their communities are left without justice or adequate reparations. Pablo Fajardo, from UDAPT, criticized the Court’s ruling for its significant flaws, noting that loopholes allowed the government to evade the legal obligations.
Ana Piquer, the Americas Director at Amnesty International, condemned the ruling, highlighting its detrimental impact on both the Warriors for the Amazon and the environment. She articulated concerns that the continued operation of gas flares would worsen the climate crisis and severely affect the health of communities in the Amazon region.
In defiance of this setback, the Warriors for the Amazon affirmed their commitment to continue their battle for their land and future. They proclaimed, “We will NOT falter, we will not give up, we will not be beaten. We will continue to fight for our future, for our life, for our land.”
Despite a favorable ruling in 2021, gas flaring persists unabated, prompting the Warriors to take action on October 28, 2021. They argued that the original ruling’s vague terms hindered effective enforcement. The ruling mandated the removal of flares near populated areas by a specific date, yet Petroecuador improperly determined that flares over 150 meters away need not be addressed until 2030, ignoring public health data indicating harm can occur within 5,000 meters. The Warriors, supported by UDAPT, publicly condemned the Constitutional Court’s decision.
The Constitutional Court of Ecuador has dismissed an action from the Warriors for the Amazon, which sought enforcement of reparation measures for the ongoing environmental injustices they endure. Despite acknowledging previous non-compliance, the Court’s ruling prolongs the rights violations faced by these activists and their communities. Nonetheless, the Warriors remain resolute in their fight against the environmental degradation caused by gas flares, which threaten both their health and their land.
Original Source: amnesty.ca
