The Ecuadorian Constitutional Court dismissed a legal action by the Warriors for the Amazon aimed at enforcing reparations for environmental harm caused by gas flaring. Despite a previous 2021 ruling mandating the removal of gas flares, noncompliance persists, prolonging rights violations in Amazon communities. Activists remain determined to continue their fight for justice and protection against climate threats, despite adverse rulings.
On January 30, 2025, the Constitutional Court of Ecuador dismissed an important legal action initiated by the group known as the “Guerreras por la Amazonia” (Warriors for the Amazon). This coalition, supported by the Union of People Affected by Texaco’s Oil Operations (UDAPT) and the “Eliminen los Mecheros, Enciendan la Vida” (Remove the flares, Ignite life) organization, had previously secured a court ruling in 2021 mandating the removal of gas flares in the Amazon region and reparations for the infringements on their rights to health and a safe environment.
The legal action by the Warriors aimed to ensure the effective implementation of the reparations ordered, particularly regarding the dismantling of flares near populated areas. Amnesty International submitted an amicus curiae to the Court, highlighting ambiguous definitions surrounding “population centres” that allowed authorities to superficially adhere to the ruling without taking meaningful action. This dismissal by the Constitutional Court has resulted in a continued violation of the constitutional rights of the plaintiffs and the surrounding Amazon communities.
Despite the judges’ acknowledgment of noncompliance with the initial ruling, they dismissed the action, asserting that the right to due process was not violated. Consequently, the Warriors for the Amazon and their communities remain without justice or adequate reparations. Pablo Fajardo of UDAPT emphasized the flaws and loopholes in the ruling, which permitted state entities, including the Ministries of Energy, Health, and Environment, to avoid fulfilling the Court’s orders.
Ana Piquer, Americas Director at Amnesty International, expressed concern over the decision, noting that the vagueness of the original ruling allows continued operation of gas flares, exacerbating the climate crisis and threatening the health and rights of both the Warriors and wider communities. “The Ecuadorian Amazon is burning, and with every gas flare that continues to operate, the future grows darker for all,” she stated.
Nevertheless, the Warriors for the Amazon remain resolute in their commitment to fight for their rights and environment. They stated, “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 previous court victories, gas flaring persists, with the state company Petroamazonas limiting the removal of flares based on arbitrary distances from populated areas.
Concerns have been raised about specific incidents affecting young activists; for example, 14-year-old Leonela Moncayo faced violence for advocating against environmentally harmful gas flares. In light of these developments, calls for investigation and protection for Amazonian activists have been prioritized.
The dismissal of the extraordinary action for protection by Ecuador’s Constitutional Court underscores the continued struggle of the Warriors for the Amazon against environmental degradation and violation of their rights. Despite their past victories, the decision reveals ongoing systemic issues within the enforcement of environmental protections, highlighting the need for continued advocacy and action. The warriors’ indomitable spirit reflects their commitment to safeguard their communities and environment for future generations.
Original Source: amnesty.ca
