Ecuador’s Constitutional Court dismissed an action by Warriors for the Amazon, maintaining ongoing gas flaring despite previous rulings for its cessation. The Court acknowledged a lack of compliance but cited no due process violation, leaving the community without justice or reparations. Activists, including Pablo Fajardo, criticized the flawed ruling while Amnesty International condemned the decision’s implications for communities and the environment.
On January 30, 2025, Ecuador’s Constitutional Court dismissed an extraordinary action for protection filed by the group “Guerreras por la Amazonia” (Warriors for the Amazon). This organization, supported by the Union of People Affected by Texaco’s Oil Operations (UDAPT) and the group “Eliminen los Mecheros, Enciendan la Vida,” achieved a court ruling in 2021 mandating the cessation of gas flaring in the Ecuadorian Amazon and the implementation of reparative measures for the infringement of their rights to health and a sustainable environment.
The action initiated by the Warriors aimed to ensure the proper execution of the aforementioned reparative measures, particularly the removal of gas flares located near population centers. Amnesty International contributed to the case with an amicus curiae, highlighting the ambiguous definition of “population centres” which has permitted Ecuadorian authorities to claim compliance while failing to take meaningful action.
With their ruling, the judges of the Constitutional Court have exacerbated the violation of constitutional rights for the plaintiffs and surrounding Amazon communities. Although the Court recognized the lack of compliance regarding the ruling, it dismissed the action on the grounds of no violation of the right to due process. Consequently, the Warriors and their communities were left without justice or significant reparations.
Pablo Fajardo, representing UDAPT and the “Eliminen los Mecheros, Enciendan la Vida” collective, criticized the Court for its flawed judgment. He argued that the ambiguities in the ruling created exploitable loopholes, which allowed various governmental agencies to evade fulfilling the Court’s orders. He emphasized that the judges’ recent decision merely prolongs the violation of the plaintiffs’ constitutional rights.
Amnesty International’s Americas Director, Ana Piquer, also denounced the ruling, emphasizing its implications for the environment and the rights of local communities. She stated that the vagueness of the ruling enables the government to continue operations of harmful gas flares, exacerbating climate change impacts on vulnerable communities and the Amazon ecosystem.
In response to the ruling, the Warriors for the Amazon expressed their determination to persist in their fight. They declared, “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.” This steadfast resolve underscores their commitment to advocate for their rights despite the setbacks.
Despite the previous favorable ruling in 2021, gas flaring remains unabated. Activists argue that the ruling’s imprecision enables Petroamazonas to selectively determine which flares to remove based on misleading distance metrics. For instance, flares situated more than 150 meters from populated areas are deemed compliant, even though health impacts can extend well beyond 5,000 meters.
The decision by Ecuador’s Constitutional Court continues to undermine the rights of the Warriors for the Amazon and their communities, prolonging the detrimental effects of gas flaring in the region. Despite setbacks, the activists remain steadfast in their commitment to fight for justice and reparations. The struggle ahead emphasizes the importance of clear legal frameworks and accountability for environmental rights violations.
Original Source: amnesty.ca
