Petition

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CONSTITUTIONAL JUDGE
Pego Enomenga Enomenga, Juana Mintare Baihua Caiga, Juan Pablo Enomenga, as President of the Miwaguno Commune, Nathalia Bonilla
representing Acción Ecológica, William Lucitante representing the Union of Affected by Texaco (UDAPT), and Esperanza Mártinez representing of
FIDH, we appear before you as victims and/or plaintiffs, in defense of the rights guaranteed by the Constitution, under the provisions of articles 86
and 88 of the Constitution of the Republic of Ecuador (hereinafter the Constitution ) and in articles 6, 39, 40, and 41 of the Organic Law of
Jurisdictional Guarantees and Constitutional Control (hereinafter LOGJCC), and we present this PROTECTION ACTION against PETROORIENT-
AL SA
Our personal data, identification of victims and the defendant, foundations of

active and passive legitimacy, specific indication of the act that violates
constitutional rights and violated constitutional rights, as well as the other
constitutional and legal requirements for the procedurality of this Action are
consigned. in its respective section, whose page is indicated below:
1. Identification of the victims and/or plaintiffs -Active Legitimation .................................... .3 2. Identification of the actuated party - Passive
legitimacy ..................................... ..................4 3. Description of the act or omission causing the
violation .................................. ..................................................5 4. Background and Factual
Basis .................. ................................................................ ..................................6 4.1.
Before Block 14, before the Equator..................................................... ..................................7 Ecuador Petrolero - Brief history of
4.2. Block 14 .. ................................................................ ............8 What is gas and why does PetroOriental SA flare it in Block
4.3. 14? ........................9 Effect of gas flaring on the carbon cycle - Climate Change............ .............. 14 Consequences of Climate
4.4. Change for Victims .................................. .................... 23 Effects of Climate
4.5. Change ............................ ................................................................ ............ 23 Effects of Climate Change on the Miwaguno
4.5.1. people............................. ............ 24 Mandatory use of bioindicators and ancestral knowledge..................................... 28 5.
4.5.2. Rights that are being violated ................................................ .................................................... 32 5.1.

4.5.3.
Right of nature to maintain its structure and life cycles..................................... 33 Right to enjoy a healthy environment and
5.2. ecologically balanced.................. 42 Right to food.................................. ................................................................ ...................... 45
5.3. Right to water..................... ................................................................ .................................................... 48 Right to
5.4. health ................................................................ ................................................................ ............... fifty

5.5.
5.6. Right to territory .................................................. ................................................................ .............. 52
5.7. Right to life and dignified life............................................ ............................................ 54

Pretension.... ................................................................ ................................................................ ................................. 57 6.
7. Proceedings of the action..................................... ................................................................ ............. 58 8.
Affidavit................................. ................................................................ ......................................... 61 9. Notices and
subpoenas..... ................................................................ ................................................................ ....61
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10. Attachments................................................................ .................................................................. .................................................. 61

11. Authorizations............................................... ................................................................ ................................. 62
Summary of the Demand
The Miwaguno Community filed this lawsuit as victims because we have seen our way of life altered forever; our
very livelihood is threatened as a consequence of Climate Change. The loss of harmony with Nature harms our
way of life because we depend on it to exist as indigenous peoples. We complain because the ecological balance
has been lost and we are bearing the direct impacts of a global imbalance of the carbon cycle caused by the
burning of fossil fuels. This situation, for which we are not responsible, translates into a constant violation of our
rights.
The investee company is the operator of Block 14, located in our ancestral territories, where it burns associated
oil gas and emits Carbon Dioxide (CO2) into the atmosphere, which is the most important Greenhouse Gas
(GHG). This emission has altered the concentration of GHG in the atmosphere, causing global climate change.
Although we understand that the action company is not the only one responsible for Climate Change, its direct
contribution to the production of said Change cannot be ignored. The production of GHG contributes to
Climate Change from anywhere in the world. Conversely, the effects of Climate Change are suffered locally
everywhere – although there are groups that are particularly vulnerable to its effects.
Under the scenario described, we cannot fail to clarify that WE ARE NOT DEMANDING ENVIRONMENTAL
DAMAGES, but rather we are demanding the jurisdictional protection of our constitutional rights and those of
Nature. We do it against the closest and largest GHG producer we have. The company involved is responsible
for the constant and unnecessary burning of gas in our territory (or what they know as "Block 14") and
consequently shares responsibility for the GHG emission, which causes Climate Change. Although it is true that
the defendant is not the only cause of this phenomenon, it is no less true that the plaintiffs are not the only ones
affected. We are not claiming to be held responsible for the global effects of Climate Change.
Our call for climate justice is clear and direct: attribute its share of responsibility locally to the company that was
sued, so that it helps its neighbors adapt to the loss of an ecologically balanced environment.
There is no judicial mechanism, in Ecuador or in the world, that allows this claim to be raised against all those
who share global responsibilities for GHG emissions, so it is essential to act territorially to attribute responsibilities
and obtain the cessation of the violation. and the corresponding repair of rights locally.
We request that the violation of the constitutional rights that we describe and explain below be declared,
acknowledging the responsibility of the company involved in Climate Change.
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1. Identification of the victims and/or plaintiffs - Legitimation

active
Those of us who present this Protection Action do so in different capacities. First of
all, we are the victims, who also acted as plaintiffs with our signatures in this lawsuit.
The Miwaguno Commune is also represented, as plaintiff and in defense of the
rights of community members as victims. Finally, we have the signatory
organizations, which support this demand as plaintiffs and for the rights of Nature.
The quality in which we each appear is explained below :
ÿ Juana Mintare Baihua Caiga, bearer of ID number 1600760456 for her own
personal rights, as victim and plaintiff
ÿ Pego Enomenga Enomenga, holder of ID number 1500176589, for her own

personal rights, as victim and plaintiff
ÿ Juan Pablo Enomenga, bearer of identification number 1600516783, for his

own personal rights, as victim and plaintiff; and also for what he represents
as President of the COMUNA MIWAGUNO, as evidenced by the Ministerial
Agreement, Statutes and Registry of Directors attached to this lawsuit, as
plaintiff and in defense of the rights of the members of the community as
victims.
ÿ Acción Ecológica, with the signature of its president, Nathalia Bonilla Cueva,
as evidenced by the Ministerial Agreement and Appointment attached to this
lawsuit, bearer of citizenship card number 1710576735, as plaintiff and in
defense of the victims and the Rights of Nature.
ÿ Union of Affected Men and Women Affected by Texaco Operations (UDAPT),

as evidenced by the Ministerial Agreement, Statutes and Directory Registry
attached to this lawsuit, with the signature of its legal representative, Willian
Olmedo Lucitante Criollo, bearer of the ID of citizenship number 2100044383,
as plaintiff and in defense of the victims and the Rights of Nature.
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ÿ International Federation of Human Rights (FIDH), duly represented as

evidenced by the duly apostilled and translated power of attorney, attached
to this lawsuit, by Esperanza Martínez Yánez, holder of citizenship card
number 1706067996, as plaintiff and in defense of the victims and the Rights
of Nature.
We attach copies of certificates and/or our statutes and/or powers; and additionally
we invoke the active legitimation enshrined in article 86 numeral 1 of the
Constitution, which establishes that "any person, group of people, community,
people or nationality may propose the actions provided for in the Constitution", as
well as in article 71.2 that recognizes broad legitimation so that every person,
community, people or nationality can demand that the public authority comply with
the Rights of Nature.
2. Identification of the actuated party - Passive legitimacy

Pursuant to Art. 41 numeral 4 literals a, c and d of the Law of Jurisdictional
Guarantees and Constitutional Control, the plaintiffs are empowered to direct this
action against "[a]ll act or omission of natural or legal persons from the private
sector, when at least one of the following circumstances occurs: a) They provide
improper public services or those of public interest; […] c) Causes serious damage;
d) The affected person is in a state of subordination or defenselessness before an
economic, social, cultural, religious or any other type of power.”
Despite the fact that for passive legitimization it is only necessary for at least one
of the circumstances provided for in numeral 4 of article 41 of the LOGJCC to
occur, in the present case the 3 invoked grounds converge (and in the event that
they do not converge, subsidiarily each of them is sufficient by itself for passive
legitimation). Indeed, we are faced with an act of a legal person from the private
sector, which provides a service of public interest, causes serious damage
and this occurs in a situation in which the legitimate assets are defenseless
and subordinate. Consequently, this protection action is filed against the company:
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PETROORIENTAL SA, represented by Quan Hu, general attorney and

legal representative, or the person who is exercising the legal
representation of the company.
The circumstance provided for in literal a) of numeral 4 of article 41 of the LOGJCC
provides for two alternatives: that the private person provide improper public services
or that these services are of public interest. In the present case, this circumstance
occurs because PetroOriental SA is providing a service that is of public interest.
Thus, operating under an Amending Contract to the Contract for the Provision of
Services for the Exploration and Exploitation of Hydrocarbons (crude oil), in Block
Fourteen of the Ecuadorian Amazon Region, the respondent company is providing a
SERVICE. The fact that oil exploitation implies a public interest is enshrined in article
313 of the Constitution, which declares that it is a strategic sector due to its decisive
economic, social and environmental importance, that is, definitely a matter of public
interest. In conclusion, PetroOriental SA is providing a service that is of public interest.
Then, the circumstance provided for in literal c of numeral 4 of article 41 of the

LOGJCC refers to the fact that the act of the private person causes serious damage.
In the present case, this circumstance occurs because the damage is permanent and
irreversible, since the ecological balance cannot be recovered and demands that the
victims suffer perpetually for the ecological balance lost due to Climate Change to
which the company contributes.
Finally, the circumstance provided for in literal d of numeral 4 of article 41 of the
LOGJCC, which refers to the fact that the affected person is in a state of subordination
or defenselessness before an economic, social, cultural, religious or any other power.
type, occurs in this case because the victims are indigenous peoples at a clear
and evident economic and social disadvantage, generally culturally marginalized.
3. Description of the act or omission causing the violation

The act causing the violation is the flaring of gas carried out by the company involved
in Block 14. The gas associated with oil production is a fossil fuel, therefore this
activity carried out by PetroOriental SA in block 14 emits Gases of Effect
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Greenhouses (GHG) that contribute to the alteration of the carbon cycle and Climate
Change. Altering the carbon cycle is a perceivable violation of Nature's right to have
its cycles respected. But additionally, this alteration of the balance of Nature (caused
by the emission of GHG), is causing serious violations of the constitutional rights of
the plaintiffs.
In other words, the GHG emission carried out by the company involved in Block 14
contributes to the loss of the ecological balance, which is a right of Nature, but
which is also related to the right to a healthy and ecologically balanced
environment, which is guaranteed in the Constitution. Therefore, the defendant is
responsible not only for the ecological imbalance caused by its actions (violation of
the Rights of Nature ), but also for its consequences, which constitute a violation of
the rights of the plaintiffs rooted precisely in the loss of a ecologically balanced
environment.
That is, the violations of the constitutional rights of the plaintiffs occur as a
consequence of Climate Change (to which the defendant contributes), while the
violation of the right to Nature is the same alteration of the carbon cycle (and not its
consequences). ). Thus, the flaring of gas carried out by the challenged company is
the cause of these violations occurring.
4. Background and Factual Basis

This section describes background information, relevant facts, and the scientific
concepts necessary to understand the circumstances in which PetroOriental SA
flares gas in Block 14, which also makes it responsible for the violations that Climate
Change causes in constitutional rights. of the activators.
We will begin by briefly exposing the historical background, which is important to
have a reliable perspective that allows contextualizing who the victims are, ancestral
inhabitants of what we know today as "Block 14", and who is the company operated,
contractor for its exploitation. Secondly, we will explain how the gas that is burned
by the driven company is obtained and what it consists of. Here the basic concepts
of oil production will be explained to understand the origin of the gas and the
different alternatives that exist for its use. We will then discuss the effects of gas
flaring and the production of carbon monoxide and other exhaust gases.
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greenhouse effect in the carbon cycle and the consequent greenhouse effect and
global climate change. These scientific concepts are important because they reflect
the violation of the right of nature to have its life cycles respected (art. 71 of the
Constitution), but they also explain the origin of a global phenomenon and the
responsibility that the driven company shares for the burning Of gas. Finally, we will
refer to the effects of global Climate Change, first in a general way, but we will
conclude this section by identifying direct impacts suffered by the victims and/or
plaintiffs and their communities as a consequence of Climate Change, at the local level.
4.1. Before Block 14, before the Equator

Long before the oil boom and before we divided the Ecuadorian Amazon into blocks;
even before the Department of the South (in Gran Colombia) became the Republic
of Ecuador, long before, there were ancestral inhabitants in what is now called
Block 14. In the time of the first Huaorani chiefs they chose a land very good to live,
which was the entire basin of the Guiyero river, or what is known as the Tiputini
river. Some lived on the other side of the Naapu Doroboro, others in Guiyero. Some
versions tell that after internal fights, the chief Enticara said:
“[I]m the head of the Huaorani, all this land from the Guiyero to the Doroboro
to the Ehuenguno and its headwaters, by the Yasuni, is for all of us. I will
keep it until the end. We will leave this territory for all those who come after
us, the Huaorani will never run out of land. Here we must be free, it will only
be us, we will not allow any cohuori to return here”.1
Thus, those of us who live in these populations did not have disturbances in the
ecological balance until the arrival of oil exploitation. We lived in harmony with
Nature. However, for as long as we can remember we have been accustomed to
the flame of constantly burning lighters. We did not know that these flames were
the ones who were destroying the balance of nature. Nobody explained to us; We
thought that those flames were to light us up at night, like public lighting.
Currently, as original populations, we have received recognition of our rights as

indigenous peoples, especially those related to the territory and the maintenance of
our traditional ways of life, including our language,
1 Miguel Angel Cabodevilla. 1999; "The Huaorani in the History of the Peoples of the East"
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education and even our own jurisdiction (see articles 1, 2, 27, 29, 171 of the
Constitution). Ecuador is, according to the Constitution, an intercultural, plurinational
and secular State2 . However, these acknowledgments of rights are not consistent
with the daily routine that forces us to put up with the presence of unwanted industries
in our territories. The native peoples, like those of us who are proposing this action,
are forced to tolerate all the externalities that the oil companies ignore and that have
forever altered our traditional way of life.
4.2. Ecuador Petrolero - Brief history of Block 14
The history of Block 14 is long and confusing. It dates back to 1987, the year in which
the Contract for the Provision of Services for the Exploration and Exploitation of
Hydrocarbons in Block Fourteen in the Ecuadorian Amazon Region was signed
between CEPE, ELF, Petrobras and YPF, which was later modified in 1999, the year
in which ELF changes its name to Vintage Oil. Then, in 2000, Petrobras ceded all of
its stake to Vintage Oil. Later, there would be even more name changes and
assignments that, fortunately, are not relevant to this cause, whose objective is to stop
the act of violating constitutional rights.
What is relevant is that the company involved, PetroOriental SA, is the operating
company and contractor of Block 14 (clause 4.3.70), in accordance with the
Amendment Contract to the Contract for the Provision of Services for the Exploration
and Exploitation of Hydrocarbons in Block Fourteen of the Ecuadorian Amazon
Region, signed on November 23, 2010. This contract replaces Modifying Contract 2,
of 2010, and the Modifying Contract of 2008, which reflects the assignment of
contractual rights and obligations of Repsol YPF in favor of PetroOriental of the same
year, the contract modification by which EnCanEcuador changes its name to
PetroOriental SA of 2006, and the contract modification by which Vintage changes its name to EnCa
PetroOriental SA is a company that operates in blocks 14 and 17. It is formed with

capital from state-owned companies of the People's Republic of China. These are:
China National Petroleum Corporation (CNPC) whose shareholding is 55% and the
remaining 45% belongs to China Petrochemical Corporation (SINOPEC). Take into
account that according to article 9 of the regulations to the Reform Law to the Law of
2
Although the Ecuadorian Constitution of 1998 affirmed the declaration of Ecuador as a multicultural and multiethnic State,
in the 2008 Constitution a similar declaration is made in its article 1, but instead of "pluriculturalism", it declares that the
Ecuadorian State is "intercultural , multinational and secular”.
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Hydrocarbons and the Internal Tax Regime Law, PetroOriental SA is classified as a

company of the People's Republic of China, although in the Superintendency of
Companies it appears as a company of French nationality.
4.3. What is gas and why does PetroOriental SA flare it in Block 14?
Extracting oil from the subsoil is not a simple process. However, we don't need to
become industry experts to understand some basic processes that will allow us to
understand where the gas comes from, why the defendant is burning it, and what
alternatives exist. From now on we can anticipate that our intention is not to
close the operations of Block 14, but to stop the flaring and venting of the gas
that is produced there. As will be demonstrated, this is totally feasible and, although
it will require investment and time, none of these can be an obstacle for the
respondent to cease the act that violates the rights that we invoke here.
The first thing we must know is that, together with crude oil, formation water and
associated gases are obtained , which were stored underground together. The
former are waste from the oil industry, the treatment of which is very important but
not relevant to this case. However, the gas is usable. This is a mixture of light
hydrocarbons that formed millions of years ago and accumulated in pockets between
the porosity of the underground rocks or was trapped underground by solid rocks
that prevent it from flowing, forming a reservoir.
This gas, although it can be used or even stored, is burned by the triggered lighters
in the open air. These burners maintain a constant flow of gas and a flame that
consumes it, maintaining a constant GHG emission. In the case at hand, PetroOriental
SA has been flaring gas permanently since the start of its operations in Block 14.
Although it seems that the problem of the lighters has decreased, the Mapping of
Existing Lighters or Torches in 2016 2020, carried out by the Collective of Critical
Geography of Ecuador (attached as Annex 8 of this lawsuit) shows that today at
least two are still permanently lit:
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The problem, Mr. Constitutional Judge, is that this gas that PetroOriental SA has
burned constantly could be used. That is, the burning of gas was and is avoidable.
In fact, flaring and venting are the simplest and cheapest technical alternatives for
gas treatment, because the price is paid precisely by emitting large amounts of
GHG into the atmosphere - while producing other local climate effects due to to the
constant emission of noise, heat and pollutants from combustion.
For example, among the forms of use we have, first of all, that the gas in these
deposits exerts pressure on the oil, which is why it constitutes a mechanism that
contributes to the natural flow of oil. Even later, when the pressure drops and the
oil can no longer rise spontaneously, gas can be injected from the surface at
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the gas cap, thereby increasing the pressure and recovering additional volumes of
oil.
Another example is its use for the energy production of the oil facilities themselves,
energy production for nearby communities or even its storage for domestic
consumption. Of course, as we have pointed out, there is also the most economical
option (which does not consider externalities or the effects of GHG production on
the global climate), of incinerating, or even venting the gases associated with crude
oil production. The consequences of each of these alternatives are very different
and that is what brings us to present this case: the effect of the burning of gas in
the block 14 burners on the biosphere translates into a violation of the Rights
of Nature and of people. These must be assumed by the activated company.
THE FLARING OF GAS IN BLOCK 14 IS AN INCONTROVERTABLE FACT
As the different testimonies attached to this lawsuit tell, the Pikenane elders, natives
of Block 14, have witnessed that the lighters are permanently lit, for as long as they
can remember. Obviously, the ancestral inhabitants of Block 14, the ancestral
owners of those lands, have never been consulted or informed about the local or
global effects of gas flaring, neither by the company involved nor by any other
person.
The available documentation about the presence of burners in this area, the
amounts of gas burned and other technical data is not publicly available nor is it
fully transparent. However, after an investigative process prior to the filing of this
lawsuit, we have been able to detect several lighters in Block 14 permanently lit, by
the company under action.3 These have been identified, photographed, and
georeferenced for greater ease in comprehension.
3
See Annex 8, “Map of Block 14 Lighters”; Annex 9 "Photographic File of Visits of
Field"
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1. Campo Sunka Lighter, CDP Station
2. Cigarette Lighter On Battery
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Also, attached to this lawsuit are the results of the monitoring analyzes carried out
on the burners of Block 14. That is, these are reports that refer to the results of the
monitoring of the gases that are being burned by the company under action . in
Block 14.4
The volume of gas burned by the defendant is irrelevant to this claim because we
have not affirmed that the defendant is responsible for the total GHG emissions
that cause Climate Change, but that the systematic, continuous but avoidable
production of GHG makes it responsible for the local effects of Climate Change,
while the defendant contributes to global climate change, which has impacts at the
local level. In other words, the burning of gas violates the cycles of nature, but it
also harms the right to a healthy and ecologically balanced environment of the
4
See Gas Monitoring Reports for Block 14, attached to this lawsuit as Exhibit 7.
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people. In this sense, it is this systematic GHG emission that we affirm and what we
have proven ad nauseam in this demand for protection action.
With all this we want to establish, beyond any admissible and reasonable doubt, that
the company in question actually carries out the activity that we demand as a
violation of our constitutional rights, that is, the burning and/or venting of gas in its
oil extraction operation. in Block 14.
4.4. Effect of gas flaring on the carbon cycle - Climate Change

Nature is made up of a set of elements that interact with each other, forming life
systems or ecosystems, in such a way that alterations in any of these elements
produce changes in the rest of the system. In a strict sense, “nature is made up of
assemblages of organisms, called communities. The systems that form the
communities of organisms, the relationships between them and with the biotic and
abiotic components of the environment through flows of energy and matter are called
ecosystems”.5
Because the relationships occur in a great variety of different geographical spaces,

we also find a great variety of ecosystems, which make up the diversity of life or
biodiversity, such as mangroves, tropical forests, páramos, tundra, deciduous
forests, etc. Cities also make up ecosystems called urban and other forms of
organization such as protected areas, water basins, even the marine routes of
whales through the different oceans contain ecosystems. In this context, it is
important in this case to begin by referring to the largest of all ecosystems: the
biosphere.
In the biosphere, which is the area of the planet that has life and that contains all the
communities of living organisms and the biotic and abiotic elements of the
environment, there are cycles and global flows of matter and energy, in constant
balance. The variation in the concentration of oxygen, hydrogen, ozone, carbon or
nitrogen in the atmosphere, or the average temperature in different parts of the
planet, has global consequences.
5
Begon , Michael , Colin R. Townsend , John L. Harper ( 2006 ) Ecology: From Individuals to Ecosystems . 4th edition, Blackwell
Publishing Ltd.
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To understand the magnitude of this balance, a brief reference to the Earth's past is
valid. Thus, it is well known that in the prehistoric past of our planet there have been
geological events that allowed the atmosphere to form. For example, there is
geological evidence that volcanic eruptions are largely responsible for the formation
of our atmosphere. Likewise, it has also been scientifically accepted that the impact
of a meteorite did not extinguish the dinosaurs, but the effects of the impact, that is,
the dust and ashes that changed the atmosphere, prevented solar energy from
entering and affected the global climate, of the biosphere. This impact was of such
magnitude that it ended with the balance that sustained life up to that moment.
We currently face a similar threat to our biosphere, although this time it does not
come from our volcanoes or from outer space, but from human activities themselves :
climate change that does not have a natural origin. The climate change we are
experiencing today is caused by a global warming of the atmosphere due to the
increase in the greenhouse effect. Although they seem like a complex concept, we
will explain them throughout the text. Here it is important to note that we are talking
about anthropogenic global warming to distinguish it from naturally occurring global
warming that is due to a combination of volcanic activity with solar cycles. This
phenomenon has already been widely studied and differentiated from the natural
cycles of the earth: it has already been established, without a doubt, that the
projections of global temperature increase exceed the natural variability of the last
1000 years. 6 In other words, that the temperature increase we are experiencing
today far exceeds the temperature increases that have occurred naturally over the
past 1,000 years. This increase in global temperature is mainly due to the
consumption of fossil fuels, the extraction, transport and burning of which alters the
delicate balance of the biosphere.
The combustion of fossil fuels has grown exponentially since the end of the 18th
century along with industrialization. The burning of fossil fuels releases carbon
dioxide (CO2) and other gases into the environment, which are greenhouse gases.
6
Crowley Thomas (2000) “Causes of Climate Change Over the Past 1000 Years” Science 289, pp. 270-277.
The article notes that “The combination of a single level of temperature increase at the end of the 20th century
with the constraints on the role of natural variability provides further evidence that the greenhouse effect has
already established itself above the level of natural variability. in the climate system. A 21st century projection
of global warming far exceeds the natural variability of the last 1,000 years and is greater than the best
estimate of global temperature change for the last interglacial period.”
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(GHG). The greenhouse effect is the phenomenon that allows our planet to maintain an ideal
temperature for life to exist: when energy from the sun enters the earth it could bounce off the
earth's surface and immediately escape into space, leaving our planet frozen. Fortunately, the
GHGs that make up the atmosphere maintain the energy of the sun on earth, since they are gases
capable of absorbing and emitting radiation within the infrared spectrum, thus regulating the amount
of solar energy that enters the earth and the amount of energy that goes back into space. In other
words, GHGs form a kind of shell around the planet that keeps heat on the earth and warms it up,
like the roof of a greenhouse. However, over the last 150 years the concentration of GHGs in the
atmosphere has increased due to the burning of fossil fuels, which amplifies the greenhouse effect,
causing the earth to store too much heat. This is the phenomenon of global warming that causes
alterations in the global climate system, better known as climate change. Studies show that in 1750
the concentration of CO2 in the atmosphere was 280 ppm (parts per million), while in 2015 it
already reached 400 ppm.7
We must emphasize that the greenhouse effect is a natural phenomenon and necessary for life
on the planet, but climate change is not, it is an overheating of the atmosphere. The global
temperature rise constitutes an unprecedented atmospheric change, at least at the rate it is
occurring.
It is also important to differentiate between biotic carbon, which is found naturally on the surface in
living organisms, and fossil carbon, which is released by burning fossil fuels such as oil, coal, and
gas. The first is part of the carbon cycle, constant and natural at a global level, while the second,
that is, the combustion of fossil fuels like the one carried out by the daily action, releases additional
carbon into the atmosphere that breaks the natural carbon cycle. , alters the natural balance in the
composition of gases in the atmosphere and causes Climate Change.
7
Lindsay, Rebecca (2020) Climate Change: Atmospheric Carbon Dioxide. Disponible en:
www.climate.gov/news-features/understanding-climate/climate-change-atmospheric-carbon
dioxide
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In the graph it can be seen that natural processes maintain a balance in this cycle, since they
produce CO2 through respiration, but absorb it through photosynthesis.
However, the burning of fossil fuels (such as that produced in lighters) contributes a huge
amount of CO2 that is not absorbed and upsets the balance of the carbon cycle. Thus, the
human production of GHG is causing the global phenomenon that we have referred to before,
anthropogenic Climate Change. As we have said, climate change is an effect of global
overheating of the atmosphere.
Additionally, it is also necessary to consider the local effects of climate change caused by
these lighters, since they constitute an aggravating factor of global conditions. We are not
talking about the environmental damage caused by the lighters (which is not the subject of
this lawsuit), but about the interaction between global and local warming, that is, how the local
effects of climate change are further aggravated by the effects direct effects of burning on the
ecosystem and climate. Local.
It is thus clear that the flaring and venting of gas carried out by the defendant in Block
14 is a human activity that generates a strong, constant and avoidable GHG emission8 ,
8
Gas flaring “contributes to approximately 350 Mt of CO2 emissions worldwide and accounts for
approximately 1% of global warming due to anthropogenic emissions.” (Facchinelli, F., Pappalardo,
SE, Codato, D., Diantini, A., Della Fera, G.,
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mainly Carbon Dioxide (CO2) and Methane (CH4), the most powerful GHGs that
contribute to altering the carbon cycle and the global and local climate:
• CARBON DIOXIDE (CO2) is the main GHG produced by burning gas in burners. It is
a gas that does not emit any odor or color, but has the ability to absorb and emit
infrared radiation, thus producing the same effect as plastic in a greenhouse. It is
found naturally as a result of many processes, such as animal respiration,
combustion and decomposition of organic compounds, volcanic eruptions, etc.
Because each emitted CO2 molecule remains in the atmosphere for about four
years, under current levels, the Earth will need more than a hundred years to adapt
to the disturbance and stabilize its atmospheric concentration again.
As we have said before, the concentration of CO2 in the atmosphere has increased
by approximately 120 ppm (from 280 ppm to 400 ppm) since the beginning of the
industrial revolution (around 1750, when the Scotsman James Watt perfected steam
engines).
• METHANE (CH4) is the main component of natural gas and is the main GHG emitted
when gas is vented in flares. Methane is 86 times more potent than CO2 in its
contribution to global warming over a 20-year time horizon9 . Obviously it has been
classified as a greenhouse gas by the United Nations Framework Convention on
Climate Change. methane
it also contributes to global warming when burned; however, methane venting
contributes a radiative forcing rate 7.6 times that of flaring (over 100 years). 10
In addition to these recognized GHGs, the flaring and venting of gas produces a
pollutant known as BLACK CARBON or SOOT, which is the result of the
concentration of black carbon in the atmosphere, and significantly alters
Crescini, E., De Marchi, M. (2020) Unburnable and Unleakable Carbon in Western Amazon: Using VIIRS
Nightfire Data to Map Gas Flaring and Policy Compliance in the Yasuní Biosphere Reserve.
Sustainability, 12(1), 58).
9 IPCC. Climate Change 2013 (2014) The Physical Science Basis. Contribution of Working Group
I to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change; Cambridge
University Press: Cambridge.
10 The oxidized carbon of one ton of methane produces 2.75 tons of CO2; when global warming
potentials (GWP) are compared, the CO2 produced has a radiative forcing impact 7.6 times less
than that of a ton of methane.
18
The local climate is important and also influences global warming. 11 A Global Emissions
Inventory estimated that “gas burning emits 4% of global black carbon emissions, three
times more than gasoline-powered vehicles”12 .
Global climate change is already having strong impacts around the world, which will worsen if
immediate action is not taken. For this reason, a group of 11,000 scientists from around the world
sounded the alarm, joining the voices that had been warning us about the need to take immediate
action to avoid potentially catastrophic Climate Change. 13 Their research shows that extreme
weather events are directly related to this human-caused Climate Change. Governments are
taking some actions, although it seems that they are not enough. Companies around the world,
for the most part, have also begun to consider the risks associated with Climate Change and are
taking some other action to reduce their GHG emissions.14
Today it is widely accepted that Climate Change caused by humans constitutes a serious threat
to the stability and existence of humans and other species that inhabit the planet. 15 Scientists
have predicted that Climate Change causes medium-term changes in global, regional and local
climate.
11
Pieprzyk, B., Rojas Hilje, P. (2015) Flaring and venting of associated gas. Current development
and effects of marginal oil. era - energy research architecture.
12
Facchinelli, F., Pappalardo, S.E., Codato, D., Diantini, A., Della Fera, G., Crescini, E., De Marchi,
M. (2020) Unburnable and Unleakable Carbon in Western Amazon: Using VIIRS Nightfire Data to
Map Gas Flaring and Policy Compliance in the Yasuní Biosphere Reserve. Sustainability, 12(1), 58
basado en Weyant, C.L., Shepson, P.B., Subramanian, R., Cambaliza, M.O.L., Heimburger, A.,
Mccabe, D., Baum, E., Stirm, B.H., Bond, T.C. (2016) Black Carbon Emissions from Associated
Natural Gas Flaring. Environ. Sci. Technol 500, 2075–2081.
13
Carrington Damian, “Climate Crisis: 11,000 scientists warn of ‘untold suffering’”; The Guardian, 2019. Disponible en: https://www.theguardian.com/environment/2019/nov/05/climate-crisis 11000-scientists-warn-of-untold-suffering
14
Business and Human Rights Resource Centre, Corporate Legal Accountability Annual Briefing,
2018
15
World Bank (2012) Turn down the heat: why a 4 °C warmer world must be avoided, by the for
Potsdam Institute Climate Impact Research, and Climate Analytics,
climatechange.worldbank.org
Busby JW (2007) Climate change and national security: an agenda for action. Council on Foreign
Relations
Hoeppe P (2011) Extreme weather events: are their frequency and economic impact rising?
Climate change and water investment conference, London, 6 June 2011, Geo Risks Research,
Munich RE, Munich, www.munichre.com
19
The latest report16 from the Intergovernmental Panel on Climate Change (IPCC)
points out that one of the main changes is the rise in sea level that occurs as a
consequence of the melting of glaciers, which has also reached historical records.17
Likewise, this increase in temperature has affected the climate balance and is
associated with more frequent and severe meteorological events (more extreme
maximum and minimum temperatures: heat waves and frosts).
There are also changes in the frequency and intensity of rainfall, which, together with
the reduction in the availability and integrity of water, increase the intensity and
frequency of floods and droughts. Populations of insects, plants, and vertebrates are
also expected to alter their distribution ranges. Biodiversity, in general, can be affected
by the increase in the frequency and intensity of forest fires and the spread of alien
species.
The IPCC also warns about the impacts on populations that are already vulnerable
due to long histories of exclusion and racism, such as indigenous peoples and local
communities that depend on agricultural or coastal livelihoods. The impacts on human
health, food sovereignty due to alterations in agricultural cycles and loss of crops due
to heat waves or frost, or floods and droughts, are also important.
The recognition of this phenomenon at a global level is evident. The United Nations
Framework Convention on Climate Change (UNFCCC) defines Climate Change as
“climate change attributed directly or indirectly to human activity, which alters the
composition of the global atmosphere and which is in addition to the natural variability
of the climate observed over comparable time periods. Concordantly, Ecuador has
policies on Climate Change, as announced on the website of the Ministry of
Environment, where it is recognized that "Our country is not immune to suffering the
consequences of this phenomenon. "Undoubtedly, global Climate Change caused by
humans translates into processes of Climate Change on a local scale. These changes
16 IPCC (2018) Global Warming of 1.5°C, IPCC Special Report on the Impacts of Global
Warming of 1.5°C Above Pre-Industrial Levels and the Corresponding Trajectories that Global
Greenhouse Gas Emissions Should Follow , in the context of strengthening the global response
to the threat of climate change, sustainable development and efforts to eradicate poverty.
Available here: https://www.ipcc.ch/site/assets/uploads/sites/2/2019/09/IPCC-Special-Report-1.5-
SPM_en.pdf
17
El Comercio, “Record melting of the Greenland ice caps in 2019”, August 21, 2020; Available
at https://www.elcomercio.com/tendencias/deshielo-record calquetes-glaciares-groenlandia.html
20
they are important because the local climate “influences the rates of abiotic processes that
affect organisms. The rate at which rocks and soil break down to supply nutrients to plants
and microorganisms, for example, is determined by climate. Weather can also influence the
rates of periodic disturbances such as fires, floods, and avalanches. These events kill
organisms and disturb biological communities.”18
According to the analysis of the Third National Communication on Climate Change, in

Ecuador the impact of climate change adds further pressure on ecosystems and organisms
that are already subject to habitat destruction and fragmentation, resource degradation,
erosion of soils, landslides and landslides. Important climate change effects have been
reported, such as the intensification of extreme weather events such as those that occur
during the El Niño-Southern Oscillation (ENSO) phenomenon; the increase in sea level in
the coastal zone; the retreat of glaciers and the decrease in annual runoff; the decrease in
the water supply; floods; changes in ecosystem productivity and species structure; altitudinal
expansion of tropical diseases such as dengue; population changes and even extinction of
species; the expansion of the populations of invasive species in Galapagos and other
sensitive ecosystems of continental Ecuador19 .
In development of these policies, the National Climate Change Strategy of Ecuador

(ENCC) 2012 – 2025 is produced, in which it also admits that:
“Worldwide, the evidence shows that the average temperature of the atmosphere and
the sea has been increasing since the mid-nineteenth century, a phenomenon that is
explained by the fact that the greenhouse effect has been accentuating as a consequence
of the concentration in the atmosphere of Greenhouse Effect Gases (GHG) from human
activities (National Research Council, 2006; Santer et al., 1996; Santer et al., 2004).
This phenomenon, commonly known as "global warming," has the potential to change
weather patterns across the planet.
It is worth emphasizing that combating climate change is a priority for Ecuador. The State
undertakes to conserve forests and vegetation in the context of climate change,
18
Bowman, William D., Hacker, Sally D., Cain, Michael L. (2017) Ecology. Fourth edition.
Sunderland, Massachusetts: Sinauer Associates, Inc.
19 MAE (2017) Third National Communication of Ecuador on climate change. Quito: Ministry of the Environment of Ecuador.
21
also protecting the human population at risk and adopting mitigation measures
(Constitution of the Republic of Ecuador, Art. 414). This recognizes the multifaceted
nature of climate change and its direct effect on organisms and ecosystems. In
addition, mitigation and adaptation to climate change have been, since 2009, a
State policy and the responsibility of the Ministry of the Environment20 , which is in
charge of formulating and executing the National Climate Change Strategy
2012-2025 (ENCC)21 .
It is also worth noting that the closure of the lighters and the use of gas is part of
the actions carried out by Ecuador to mitigate climate change. Thus, Petroamazonas
maintains the project "Reduction of associated gas flaring", as part of the Electricity
Generation Optimization and Energy Efficiency program in the interconnected oil
system (OGE&EE), which "is part of a new energy development model based on
the use of associated gas in the exploitation of oil for the generation of electricity.With
the execution of the project, the efficient use of non-renewable natural resources
within the oil industry is promoted, in which 80 to 100 are burned daily million cubic
feet of associated gas.” As of December 2015, this project had saved “238 million
gallons of diesel, with the corresponding reduction in emissions, equivalent to
780,000 tons of CO2-eq”22 .
Thus, the existence of this global phenomenon, known as Climate Change, is

established beyond any reasonable doubt. As we will see, experts also warn
that, as a consequence of global warming, there will be several effects that are
especially important for indigenous peoples. For example, there will be a decrease
in biodiversity, with the consequent reduction in agricultural, forestry and
environmental wealth. Also the alterations in the biological cycles of plants and
animals, which affect some types of crops and the hunting on which they depend
as a traditional way of subsistence. These changes may end up displacing the
population from their ancestral territories. Each of these effects of Climate Change
and its particular consequences for the plaintiffs are explained below.
20 Executive Decree 1815 of July 1, 2009 published in the Official Gazette 636 of July 17, 2009.
21 MAE (2012) National Climate Change Strategy of Ecuador 2012-2025. Quito: MAE.
22
MAE (2017) Third National Communication of Ecuador on climate change. quit:
Ministry of Environment of Ecuador pp. 186)
22
4.5. Consequences of Climate Change for Victims

4.5.1. Effects of Climate Change
Climate Change is a global phenomenon that affects every organism in the biosphere,
including humans. The effects of this phenomenon for people vary mainly depending
on their geographical location, but there are also other factors that affect the way in
which different populations suffer the effects of Climate Change. For example, the
effects are different for a coastal population, besieged by the rise of the sea, or
for an Amazonian community, which suffers from the alteration of natural cycles.
Similarly, the adaptive capacity is different between people who live in the city and
those who live in forests and depend on them for their subsistence. It is in this sense
that we want to refer to the effects of Climate Change on indigenous peoples, because
as we will see, they are in a situation of special vulnerability to this phenomenon.
In Ecuador, the same State has recognized that indigenous peoples are in a degree of
special vulnerability in the face of Climate Change. The National Climate Change
Strategy (ENCC) recognizes that "Changes in the average temperature of the air and
soil, added to changes in the availability of water, either through rain or irrigation water,
can have an effect in the increase of pests and the loss of arable land and crops, which
in turn has a negative impact on the production of food for local consumption and for
export.” But additionally, it also recognizes that "Small-scale and subsistence agriculture
is the most vulnerable to extreme weather events and irregular weather variations."23
In other words, this phenomenon particularly affects those who depend on nature to
live, such as indigenous peoples. , who need nature to maintain their ways of life.
Many peoples depend directly on natural resources to survive, so natural

disasters affect us more strongly. Climate Change produces droughts that deplete
crops and floods that devastate them. The change in the cycles of nature, the extinction
of species and other disturbances in our environment force communities to flee their
settlements. Circle Magazine is
23
National Climate Change Strategy, issued by Ministerial Agreement No. 95 dated July 19, 2012,
published in Official Gazette Supplement No. 9 of June 17, 2013
23
refers to the issue of the consequences of Climate Change that affect indigenous peoples
and reminds us that "Of the twenty million climate refugees that occur each year, a
representative percentage belongs to these peoples, who are increasingly unprotected,
who are spread over all continents.”24
Climate Change constitutes a threat and a danger to the survival of indigenous

communities around the world, despite the fact that indigenous peoples contribute very
little to greenhouse gas emissions. Indeed, indigenous peoples are among the first to
have to face the direct consequences of Climate Change, precisely because of
their direct dependence on nature and its resources and the close relationship
they have with natural cycles. In general, it can be said that the difficulties they
normally face are exacerbated by Climate Change.25
Indigenous peoples are generally discriminated against and marginalized politically and
economically. It is also common for them to suffer from the loss of their territories or
environmental damage caused by extractive industries. Thus, converted into climate
migrants, they are often victims of double discrimination, by migrants and by indigenous
people.
4.5.2. Effects of Climate Change on the Miwaguno people
In the specific case of the Miwaguno people, we can demonstrate the existence of
various effects of Climate Change. We refer specifically to those effects that are directly
linked to Climate Change and the affectation of natural cycles.
The MIWAGUNO people live ancestrally in close harmony with the nature that surrounds
them and the one they know well. Their subsistence depends precisely on the accurate
knowledge of their environment, in such a way that they know how to take advantage of
the resources that nature offers them harmoniously. This is why the disturbance of
natural cycles undermines the effectiveness of ancestral knowledge and disables them
to subsist following their traditions.
24
Magazine Circle, June 2018. Consequences of Climate Change affecting indigenous peoples.
25 Climate Change and Indigenous Peoples. Background Paper, United Nations Permanent
Forum on Indigenous Issues, 2008. Available at https://www.un.org/es/events/indigenous/2009/
pdf/backgrounder_climate_ESP.pdf
24
There is evidence that ancestral knowledge, used for thousands of years by these peoples,
enjoyed great precision and effectiveness, but these characteristics have now been lost. For
example, there are certain practices that were carried out to improve the production of certain
plant species, but which have ceased to be useful because the cycles of the plants are
changing. The testimony obtained during the first visit to the Miwuaguno Community indicates
that the "wisdom of the women was very important for planting, they hit the green with leaves
so that it grows big and strong and they also hit the yucca stick with leaves to may it grow
strong.”26
This local technical knowledge, essential for their subsistence, depends on a deep
understanding of the cycles of nature. Its effectiveness depends on maintaining the harmony
of these cycles. Ima Wini's interview shows us that everything has changed:
“In August it was the dry season, because everything dried up and they realized why
the cotton appeared and burst. The rivers and streams dried up and the fish died and
the pigs (guancanas) appeared to eat the dead fish. In September everything blooms
and in February it rains.
Now November and December it rains.
Now it is not known when it is rainy or dry season, everything changes”. 27
This loss of ecological balance is evident beyond the rain cycles. For example, a vital issue
for these towns is to know the fluvial cycles, that is, the times in which the rivers rise and the
magnitude of the flood. Evidence shows that these cycles used to be easily predictable, but
now they don't behave in the same way. Regarding the flooding of the rivers, the interview
with the Miwaguno Community tells us:
“In previous years the river grew normally once a year […] But currently the unexpected
rains make the river rise when it wants to, so we are not prepared.”28
26
Digital file with videos (MAH01833, MAH01849, MAH01850, MAH01853, MAH01856 and
MAH01857), audio of interviews with the Miwaguno Community (FLASH MEMORY). See Video
MAH01849 and Video MAH01850.
27
Semi-structured interview sheet by Wini Woarica Ima Omene, attached to this request
as Annex 3.
28
MAH01857), audio of interviews with the Miwaguno Community (FLASH MEMORY). See Video
MAH01849 and Video MAH01850.
25
Likewise, he tells us that the flood of July 2019 caused illnesses in people, damage to banana,
cassava, coffee and cocoa crops. At the moment they are still planted, but the plants do not produce
since they die and the fruits dry up. 29 The words of Mima Yeti Gaba also give us an account of
this great flood, unprecedented and that could not be anticipated, which even destroyed the homes
of the elderly:
“In approximately July 2005 there was a flood, it was strong, a lot of water, it caught them
off guard, they didn't know, when they thought it was going to grow, it never did. The flood
washed away Wani Ima's house, it took everything, everything, documents, it took a girl,
Wani's daughter, they rescued her on the other side, she left, she doesn't know how long it
lasted, now she's a woman, she has two children.” 30
Regarding more current floods, their duration and the effects suffered by the victims in this case,
climate change has caused an imbalance that affects the entire environment. Mom tells us:
“January, February and August the river dried up. From March to July it rains. A flood of the
Miwaguno River occurred in June 2020, it grew at night, flooded houses, some swam.
Flooded halfway, lasted a week. Houses were split, under the houses the ground was split.
There was damage to the crops, cacao, cassava, plantain, coffee died. The cocoa does not
load when it gets very wet, only now (October 2020) is it drying and the land begins to
produce. Everything was rotten, they don't have to drink, the cassava was rotten. Institutions
such as the Parish Council, the Provincial Council, the FEPP, the Labaka Foundation gave
them food (rice, sugar, oil. Until now they are hungry. There is little cassava and plantain,
they are just replanting. The Labaka Foundation gave them beds. ” 31
This flood was of such magnitude that even ECU911 had to coordinate the necessary care with
specialized personnel to deal with the emergency in these populations. It is the first time this has
happened.
29
MAH01857) and audio of interviews with the Miwaguno Community. (FLASH MEMORY). See
Video MAH01849 and Video MAH01850
30
Semi-structured interview file for Biba Mintape Guiquita Paa, attached to this application as
annex 4.
31
Semi-structured interview file for Biba Mintape Guiquita Paa, attached to this lawsuit
as annex 4.
26
As is evident, all these impacts also affect our culture. Our traditional way of life has
been permanently affected. The interviews carried out with the Pikenani show us
that great changes have taken place in the ecological balance:
27
“The Pikenani agree that currently the use of wild species of plants and
animals has also been affected by the change in seasonality. Species such
as the monkey, the agouti loca, the chonta, the ungurahua, the coco de
monte, would be presenting phenological changes, such as: changes in the
season of reproduction, flowering and fruiting. As an example, the Pikenanis
point out a change in the fruiting of the chonta, before they were harvested
between the months of January and April, and now they are done between
June and August.” 32
The study also points out that before "you could find birds such as parrots, fish in
rivers, monkeys, tigers, boas, etc. When they went hunting they found guanganas.
They used bodoquera, this was practiced by men since they had mastery of the
spear”. They point out that with the presence of oil companies, lighters were placed
“there were big changes in the Wao world. We are sad, these changes make us
want to run.”33
Today, on the other hand, it is reported that "the scarcity of wild products, the
evidenced phenological changes, and the low productivity of the land, have caused
the availability of food and the diet of the Waorani to be affected." 34 There are also
some cases of community members who have migrated. These cases are motivated
by the impossibility of finding livelihood in the jungle, as is our tradition. The elderly
are concerned about the future of the young, precisely because the loss of ecological
balance no longer allows them to live as before.
With these testimonies, which have full probative value as a source of ancestral
knowledge, the affectation suffered by the plaintiffs and our peoples due to Climate
Change is demonstrated.
4.5.3. Mandatory use of bioindicators and ancestral knowledge
The testimonies provided in this lawsuit contain expressions of ancestral knowledge
that must be considered as equally valid as any bioindicator or other scientific tool.
In the case of absence of bioindicators
32
Study entitled: "Systematization of the perceptions of climate change of eight Pikenanis
(grandfathers-grandmothers) of the Waorani nationality”, attached to this application as Annex 6
33
(grandfathers-grandmothers) of the Waorani nationality”, attached to this complaint as Annex 6
34
(grandfathers-grandmothers) of the Waorani nationality”, attached to this application as Annex 6
28
or from scientific studies that refer to the specific case, these testimonies become the only
valid proof to evaluate the changes that have occurred in the natural cycles. This equating
of ancestral knowledge and ancestral knowledge is anchored in the Constitution itself.
In the words of Gudynas: “when the Constitution equates Nature with Pacha Mama, what it
does is put the heritage of European knowledge and the traditional knowledge that has
been subordinated since Colonial times on the same level of hierarchy”.
In such a way that "it lays the foundations for a break with the program of modernity, which
is at the base of the current environmental crisis."35
The Constitution of Ecuador of 2008 enshrines interculturality, which must now be applied
by you, Your Honor: Article 1 of the Constitution of 2008 declares that the Ecuadorian State
is a social State of rights and justice, intercultural, multinational and secular, which which is
reflected transversally throughout the entire constitutional text, for example, in the
recognition of Kichwa and Shuar as official languages throughout Ecuador, and declaring
that the other ancestral languages are of official use for the indigenous peoples in the areas
where they live (art. 2); in the guarantee that education will be intercultural (art. 27) and the
right of people to learn in their own language and cultural environment of education (art.
29); and even, in the recognition of jurisdictional powers through indigenous justice (art.
171). In addition, there is an entire chapter referring to the collective rights of indigenous
communities that contains norms related to environmental protection, protection of the
territory, access to natural resources and others.
Indeed, the Constitution equates scientific and ancestral knowledge in a transversal way.
This happens by assimilating Nature with Pacha Mama and providing that the applications
of scientific progress are considered on a par with ancestral knowledge, making it clear
that, for the Constitution, scientific and technological research goes hand in hand with
ancestral knowledge . In fact, the very title of the entire section puts ancestral knowledge
on the same level as science and technology.
Concordantly, the eighth section of the Constitution, called 'Science, technology, innovation
and ancestral knowledge', consecrates as the responsibility of the State "To promote the
generation and production of knowledge, encourage scientific and technological research ,
and enhance ancestral knowledge, in order to contribute to the realization of
35
Gudynas Eduardo, Rights of Nature, Biocentric Ethics and Environmental Policies, 2009.
29
good living, sumak kawsay” and “Guarantee freedom of creation and research within
the framework of respect for ethics, nature, the environment, and the rescue of
ancestral knowledge” (art. 387, numerals 2 and 4). In the same way it happens when
consecrating the right of people to enjoy the benefits and applications of scientific
progress and ancestral knowledge.
Ancestral knowledge refers to the knowledge held by ancestral peoples about the
different ecosystems and is maintained mainly through oral tradition. By its very nature,
ancestral knowledge has not been compiled bibliographically, so its main holders, the
oldest of each town, are the direct source. This direct source of ancestral knowledge
has been made available to you, Your Honor, through the testimony of the Pikenane.
According to the aforementioned systematization study: “The perceptions of the

Pikenanis regarding the effects of climate change in their territories correspond to
those of other Amazonian peoples and nationalities of Bolivia, Colombia, Peru and
Brazil (Balderrama 2011; Nordgren 2011; JA Echeverri 2010; Fernández Llamazares
et al. 2014; Méndez López 2009). From the comparison of data between these
investigations, it has been possible to observe that, at the regional level, the effects of
climate change, in the dimensions analyzed, are manifested in a very similar way in
the Amazonian indigenous communities.” 36
Anthropology refers to this type of knowledge as Traditional Ecological Knowledge

(TEK). They are defined as the accumulation of indigenous knowledge, practices and
beliefs (and those of other local traditions), related to the local ecosystem and that are
transmitted and evolve from generation to generation. This type of knowledge is valid,
not only because the Constitution of Ecuador says so, but also because scientific
research has shown it to be so.37 Ecosystem Management,38 for example, is a class
of environmental management that considers both science as the Traditional Ecological
Knowledge . For example, in Australia this approach was followed and fire control
management was returned to Aboriginal people through their traditional practices. He
36
(grandfathers-grandmothers) of the Waorani nationality”, attached to this complaint as Annex 6
37
Berkes, F. (1993). "Weaving Traditional Ecological Knowledge into Biological Education: A Call to
Action"
38
Szaro, R.; Sexton, W.T.; Malone, C.R. (1998). "The emergence of ecosystem management as
a tool for meeting people's needs and sustaining ecosystems"
30
The result was an increase in diversity and a decrease in quantity and intensity of
forest fires.39
In any case, to demonstrate the impacts of Climate Change we could look at the
previous biodiversity indices and compare them with the current ones. However, in
this case, constitutional justice must pay special attention to the problem of what to
do when these biodiversity indices are not available.
In other words, to detect impacts on life cycles, Western science would focus on
the structure or function of the elements that make up each ecosystem, with special
attention to the composition of the components of biodiversity. However, these
biodiversity indices (which would be the only way to scientifically deny or
demonstrate that the Pekenane claims about the effects on the cycles of nature are
true) do not exist. In such a situation, in the absence of scientific data, the
Traditional Ecological Knowledge (ancestral knowledge), embodied in this
Action through the testimony of the victims, becomes full proof of the rights
violations alleged in this Protection Action.
The Center for Studies of the Constitutional Court published the work “Rights of
Nature. Fundamentals, Content and Jurisdictional Enforceability", which alternatively
explains that, "When ancestral knowledge is not available through its holders, in
some cases we may consider experts in this knowledge, who, without being
members of the community, can share their observations and findings.”40
Concordantly, we find what was said in the Panel Blanca case, resolved by the
IACHR, regarding the use of expert testimony in a complementary or subsidiary
manner.41 Fortunately, in our case, we do have that source primary knowledge of
ancestral knowledge, which must be valued by you.
39
The New York Times, “Reducing Fire, and Cutting Carbon Emissions, the Aboriginal Way”, disponible https://
in:
www.nytimes.com/2020/01/16/world/australia/aboriginal-fire management.html Ver también https://www.klc.org.au/indigenous-
fire-management
40
Prieto Julio, 2013. “Rights of Nature, Fundamentals, Content and Enforceability
Jurisdictional". Study Center of the Constitutional Court of Ecuador.
41
In the case 'Panel Blanca' (Paniagua Morales et al.) vs. Guatemala. Judgment of March 8, 1998. Series C No. 37, the IACHR
stated: “74. With respect to the objection that, for various reasons, the State made of some witnesses and expert witnesses,
the constant practice of this Court, unlike national courts, has been to receive the statements and opinions, leaving safe their
final assessment in the corresponding procedural stage.”
31
Finally, and conclusively, Your Honor, consider that the reversal of the burden of
proof in this case determines that it is the sued company that should provide
scientific evidence that demonstrates that there are no effects on energy flows,
nutrient cycles, structure and functions of the ecosystem, caused by the Climate
Change that the plaintiffs claim. A pure and simple refusal or invoking the lack
of scientific evidence will not be able to undermine the probative value of the
ancestral knowledge incorporated into the process through the testimony of the Pikenane
That is why, according to the constitutional norm, you, Honorable Judge, must pay
special attention to the energy flows, nutrient cycles, structure and functions of the
ecosystem. The technical concepts and the legal bases necessary to understand
the way in which the defendant's acts produce the violation of the constitutional
rights of Nature and of the peoples that depend on it, will be explained below.
5. Rights that are being violated

This section explains how, based on the facts narrated, various violations of
constitutional rights are configured that must be declared, stopped and repaired.
There is no doubt that the flaring of gas that is the responsibility of the company
involved contributes to the alteration of the carbon cycle and the well-known
greenhouse effect, responsible for Climate Change. In the first place, we will refer
to this alteration of a natural cycle and the evident violation of the rights enshrined
in article 71 and 72 of the Constitution. Then we will go on to analyze the
consequences of this disturbance for the rights of the plaintiffs, that is, we will
analyze how Climate Change affects the constitutional rights of the indigenous
peoples who filed this lawsuit.
Additionally, we rely on legal literature and applicable national and international

regulations, such as the United Nations Declaration on the Rights of Indigenous
Peoples, which highlights the rights of indigenous peoples to live with dignity,
maintain and strengthen their own institutions, cultures and traditions and seek their
own development, freely determined in accordance with their own needs and
interests, as well as the judgments and advisory opinions of the Inter-American
Court of Human Rights.
32
In this way, based on the existence of irregular and unpredictable floods, the change in
plant cycles, the loss of effectiveness of ancestral knowledge, droughts and other climatic
phenomena resulting from Climate Change, it is possible to identify prima facie the
existence of individual violations of the constitutional rights of the plaintiffs. We refer
particularly to the violation of:
- Law of Nature (article 71 of the Constitution), produced by the

alteration of the carbon cycle caused by the burning of GHG
- Right to enjoy a healthy and ecologically balanced environment (article 14 of the

Constitution), because Climate Change breaks the ecological balance
- Right to food (article 13 of the Constitution), because they have lost regular access,
quality and quantity of traditional means of food
- Right to water (article 12 of the Constitution), because times of drought and flooding
are increasingly extreme and unpredictable, which limits access, quality, quantity
and availability of it
- Right to health (article 32 of the Constitution), because lack of food affects their
health and also because they have lost access to their traditional medicines
- Right to territory (article 57 of the Constitution), because the ability to enjoy natural
resources has been limited and because of the obsolescence of ancestral practices
of diversity management
- Right to life (article 66 of the Constitution), because their existence is threatened,

and to a dignified life, because they lack the minimum conditions to continue with
their life projects
-
5.1.Right of nature to maintain its structure and life cycles.
Article 71 of the Ecuadorian Constitution establishes that "Nature or Pacha Mama, where
life is reproduced and carried out, has the right to full respect for its existence and the
maintenance and regeneration of its vital cycles, structure, functions and evolutionary
processes " . Thus, the Constitution equates Nature with Pacha mama and defines it as
the place where life is reproduced and fulfilled. For its part, the Code
33
Organic Environment (COAM), contributes to this definition of Nature by describing

it as the "environment in which all forms of life, including its components, are
reproduced and carried out, which depends on the uninterrupted functioning of its
ecological processes and natural systems, essential for the survival of the diversity
of life forms”.
Both the Constitution and the COAM identify the holder of this right and define it:
Nature or Pacha Mama, the area "where life is reproduced and carried out." This
definition tells us that the rights of Nature “do not seek to protect only certain beings,
but rather all of them and their interactions within an ecosystem, as well as the
interactions between ecosystems”.42 Protection, then, must encompass the
community of life in its entirety, where each element, both biotic and abiotic,
interacts to maintain balance within an ecosystem, so that life can develop.
In the following lines we will explain how the violation of the rights of nature occurs
in this case, that is, why the GHG emissions emitted by the defendant contribute to
altering the carbon cycle, which is one of the cycles that maintain the balance in the
biosphere. Therefore, the disturbance of the carbon cycle has widespread
consequences throughout the planet because it affects the balance of all
ecosystems.
The rights recognized to Nature or Pachamama by article 71 establish that Nature

has an intrinsic value and therefore the right to respect the cycles and structures
that allow its operation. Thus, attention is focused on alterations in nutrient cycles,
energy flow, and other indicators related to the ability to procure ecosystem
exchanges. It is evident that environmental impact studies are insufficient and
incapable of detecting alterations in these parameters because they are not
designed to do so.
It is also evident that the rupture of the vital cycles, the disruption of the structure and interruption of the
functions and evolutionary processes that affect the biosphere, constitutes a violation of the constitutional
right contained in article 71. For this reason it is essential that the judge knows what life cycles, energy flows
and nutrient cycles are, and understand the consequence of breaking
42
Prieto Julio, 2013. “Rights of Nature, Fundamentals, Content and Enforceability
Jurisdictional". Study Center of the Constitutional Court of Ecuador.
34
this delicate balance. Below is a clear and concrete explanation of these concepts:
Vital cycles: Vital cycles are the processes that allow life, that is, the vital
processes of Nature. Prieto, quoting De la Torre, explains that from the perspective
of biology it is recognized that "life in the biosphere exists and is maintained
thanks to two basic and interrelated processes", which are 1) the flow of energy;
and 2) nutrient cycles”,43 In other words, to understand what are the vital cycles
protected by the constitutional norm, it is necessary to consider energy flows and
nutrient cycles.
3. Modified from Bowman, 2017
43
The same. p. 84
35
energy flows. All living things need energy to live, so the supply of energy is
essential. The primary source of energy is the sun, which is the only unlimited
source of energy. From this first link, solar energy is transformed, through
photosynthesis, into chemical energy, which is then absorbed by other living
beings along the food web.44 This means that organisms that transform solar
energy into chemical energy they acquire a leading role, as the basis of the flow
of energy.
Thus, in the case of Climate Change, we are facing an alteration in the flow of
energy, since the carbon present in the atmosphere has increased by 42% due
to the combustion of fossil fuels, for which the driven company is partially
responsible . This increase in carbon in the atmosphere causes a phenomenon
known as the greenhouse effect. The greenhouse effect is the phenomenon
that allows our planet to maintain an ideal temperature for life to exist and
depends on the energy balance of the planet; that is to say, the balance that
exists between the energy that enters the Earth in the form of solar radiation
and the energy that leaves or is lost in the form of heat.
44
Quote in Prieto 2013 (p.84): In the words of De La Torre and Yépez, "the chemical energy produced by a plant
thanks to photosynthesis passes to another organism, a mouse, for example, when the latter eats the plant . The
mouse incorporates this energy from the food in its cells and this energy is, in turn, transferred to another
organism, a moor wolf, for example, when the latter eats the mouse”.
36
The greenhouse effect works as follows: the Earth receives energy from the sun.
One third of this energy bounces off the clouds and atmosphere and returns to the
space immediately. One fifth is absorbed by ozone, clouds, and water vapor in
the atmosphere, and half reaches land and oceans. For the Earth's temperature
to remain the same, energy gains from solar radiation must be balanced by
energy losses. The energy that reaches the land and the oceans could also
escape, but that does not happen because there are gases in the atmosphere,
known as greenhouse gases, which absorb the energy and return it to the earth.
These gases are produced through biological activity, which links the biosphere
with the climate system. Without these greenhouse gases, Earth's climate would
be considerably colder than it is. However, over the last 150 years the
concentration of GHGs in the atmosphere has been altered by the 42% increase
in the amount of CO2 in the atmosphere caused by the combustion of fossil fuels.
This increase is causing the earth to store too much energy
37
in the form of heat This is what is known as global warming, which causes
alterations in the global climate system, better known as Climate Change: as
a consequence, the temperature of the entire earth is increasing.
The main effect of this phenomenon is an increase in global temperature,
which is precisely a reflection of the alteration in the energy balance of our
biosphere in relation to its capacity to absorb and release solar energy. The
functioning of ecosystems depends a lot on the climate. Temperature
determines the rates of biochemical reactions and the physiological activity
of all organisms. With Climate Change these functions are altered.45
Nutrient cycles. Nutrients are also available in limited amounts in nature, so

their recycling is essential. Living beings absorb nutrients from other
components that surround them and at the same time secrete others, until
the day they die, when all the nutrients that made up the living being return
to the ecosystem as simple compounds. Each one of these elements has a
specific cycle, so that an alteration of it implies interruptions in this exchange
and a transformation or rupture of the balance of an ecosystem.
As far as the carbon cycle is concerned, carbon flows naturally from land and
oceans into the atmosphere through the uptake of CO2 by ocean plants and
green organisms. These are responsible for photosynthesis and subsequent
release, after the process of plant respiration. Before the Industrial Revolution
the exchanges between the carbon stocks of the land and the oceans and
the stocks of the atmosphere were approximately equal, however, now 42%
more carbon is emitted from the land and the oceans into the atmosphere
and this has broken the balance of this cycle.46
In the case of the carbon cycle, it has been proven beyond any serious
scientific doubt that the burning of fossil fuels and the consequent emission of
2. Modified from Bowman et al. (2017)
45
46
38
GHG, has increased the concentration of carbon in the atmosphere to the point
of generating a greenhouse effect. That is why we can affirm with total certainty
that the carbon cycle, one of the vital cycles of nature, protected by article 71
of the Constitution, is profoundly altered due to GHG emissions, such as the
one carried out by the company under action. .
We have already seen that, in addition, this alteration produces a global
Climate Change, which has repercussions on the balance of ecosystems
around the world. The flora and fauna react to these climatic changes, which
influence the cycles of reproduction, growth, migration and others, affecting
the exchange of nutrients. For example, rising global temperatures result in
faster decomposition of organic matter and thus higher rates of carbon emission
from forest soils, increasing concentrations of greenhouse gases, which in turn
cause additional heating.
Likewise, one of the effects of Climate Change is the increase in the frequency
and intensity of rainfall and extreme weather events such as floods and
droughts. In the case of the Amazon, changes in rainfall can in turn alter the
flood cycles of rivers, largely modifying the possibilities and conditions of
exchange and recycling of nutrients.47 The great rivers of the Amazon plain
are systems very complex with high biological productivity that allows plants to
grow abundantly. This is due to the fact that the soils of the riverbanks are
periodically enriched by the sediments carried by the rivers, which in turn
nourish the plants that bear fruit in abundance. That is why it is also common
for human populations to settle on these plains, where the nutritious soils are
quite suitable for agriculture. In fact, these characteristics mean that the banks
of large lowland rivers have been very important for the development of
different civilizations throughout history48
47
Hamilton SK (2010) Biogeochemical implications of climate change for tropical rivers and
floodplains. Hydrobiologia 657:19-35.
48
Montoya, Jose Vicente; Castillo, Maria Mercedes; Sánchez, Luzmila (2011) The importance of
periodic flooding for the functioning and conservation of flood-prone ecosystems of large tropical
rivers: studies in the Orinoco basin Interciencia, 36(12): 900-907.
39
In one of the best-known examples in history, we have the Nile River and the
way in which the peoples who lived there knew how to take advantage of the
flood cycles to flourish glorious civilizations, taking advantage precisely of the
nutrients that said cyclical event left behind. This flourishing, today, would
have been cut short by the Climate Change and the rupture of these cycles.
Breaking of the structure. It is indisputable that the breakdown of life cycles
(energy flows and nutrient cycles) has broken the structure of ecosystems. As
has been scientifically established and, furthermore, reflected in the
testimonies that support this claim, the ability to acquire nutrients and energy
has been altered by Climate Change, that is, the ecological structure has
been altered by Climate Change.
Obviously, this change could be palpable through various indicators, such as
changes in biodiversity indices, relative abundance of species, and the decline
of key species in the ecosystem. However, in the absence of these studies,
the only valid proof of this breach is the testimonies of those who have lived
through it.
By application of the principle of reversal of the burden of proof (art. 395 and
art. 397),49 in the absence of scientific studies that allow us to rule out the
existence of this imbalance in the ecological structure, these testimonial
statements, full of ancestral knowledge, must be valued as the only effective
proof of the alleged violations
Interruption of functions. Climate Change causes alterations in the functions

of rivers, animals, plants, bacterial communities in the soil, and in general, of
any ecosystem. There is a global scientific consensus that tells us that if we
alter the composition of the atmosphere by increasing carbon from the
combustion of fossil fuels (such as the one that the company in question
performs daily), we alter the structure and also the functions of the entire
atmosphere. biosphere, which has effects on the life cycles and evolutionary
processes of Nature.
49 Article 395 of the Constitution establishes that, in case of doubt about the environmental
impact of any action or omission, even if there is no scientific evidence of the damage, the
State will adopt effective and timely protective measures. Article 397, concordantly, provides
that "The burden of proof on the absence of potential or real damage will fall on the manager
of the activity or the defendant."
40
It is also necessary to refer to the ruling in the Río Blanco case, where it was clearly
explained that the rights of Nature are different from those of people, to which we
refer later is this demand: "[...] today, There is talk of another type of position of
environmental law with the so-called biocentric or ecocentric, which considers that
the human being is not the only being that needs protection and is important. Every
living being and even the land or nature itself are entities that deserve respect and
protection by the legal system of a country […] Nature must be seen as a whole
where different ecosystems, living beings, natural resources, and the human being”.
50 That is to say, from the perspective of the rights of nature, the human being is
one more guest to coexist in the whole of nature, so to address the violation of this
right it is not enough to refer to environmental regulations, but rather we must attend
directly to the vital cycles protected by the constitutional norm.
Finally, in the well-known “Camaroneras case”, the Constitutional Court develops

this right, and differentiates it from the rights of individuals, explaining that:
“The novelty consists then in the paradigm shift on the basis of which, nature,
as a living being, is considered a holder of rights. In this sense, it is important
to highlight that the Constitution of the Republic enshrines a double
dimension of nature and the environment in general, conceiving it not
only under the traditional paradigm of object of law, but also as a
subject, independent and with specific rights. or own.; The foregoing
reflects within the nature-humanity legal relationship, a biocentric vision in
which nature is prioritized as opposed to the classic anthropocentric conception
in which the human being is the center and measure of all things where nature
was considered a mere provider of resources.
This new vision adopted from the validity of the Constitution of 2008, is
revealed throughout the constitutional text, so that the preamble of the
Supreme Norm expressly establishes that the sovereign people of Ecuador:
"Celebrating nature, Pacha Mama, of which we are a part and which is vital
to our existence" has decided to build a new way of coexistence
50 Provincial Court of Azuay, judgment of August 3, 2018,
41
citizen in diversity and harmony with nature, to achieve good living or sumak
kawsay.” 51
This double dimensionality, enshrined in our Constitution and recognized by the
Constitutional Court, constitutes the foundation of this Protection Action. The
biocentric dimension of the rights of nature forces us to consider the marked
imbalances in life cycles due to the emission of greenhouse gases; while this loss
of ecological balance must also be considered in its human dimension, that is, by
the effects it causes on people.
With what has been noted, the violation of the rights of Nature recognized by the
Constitution of Ecuador is demonstrated. It is necessary to remember that, although
this alteration constitutes per se a violation of the rights recognized to Nature in the
Constitution, below, we will see how this loss of ecological balance causes the
violation of the constitutional rights of the plaintiffs, indigenous peoples who depend
on of a balanced ecosystem for their subsistence.
5.2.Right to enjoy a healthy and ecologically balanced environment

The right to a healthy and ecologically balanced environment is enshrined in Article
14 of the Constitution of the Republic of Ecuador, which recognizes "the right of the
population to live in a healthy and ecologically balanced environment, which
guarantees sustainability and good live, sumak kawsay. The preservation of the
environment, the conservation of ecosystems, biodiversity and the integrity of the
country's genetic heritage, the prevention of environmental damage and the
recovery of degraded natural spaces are declared of public interest.
Consistently, numeral 27 of article 66 of the Constitution establishes that people
are recognized and guaranteed "the right to live in a healthy, ecologically balanced
environment , free of contamination and in harmony with nature." In other words,
the right to a healthy and pollution-free environment is strengthened by characterizing
the environment as "ecologically balanced." This ecological notion forces us to
consider the attributes of the ecosystem and its changes as a consequence of the
impact suffered by Climate Change. In the following lines we
51
Extraordinary Protection Action No. 0507-12-ep. Judgment No. 166-15-SEP-CC
42
We will refer to the violation of this right to an ecologically balanced environment

caused by Climate Change.
The ecological balance depends on several environmental factors that allow the
ecosystem to reach a stable dynamism. This balanced dynamism allows for a
constant exchange of energy and nutrients, which is dynamic yet sustainable. The
climate is a determining factor of this balance, since it affects the temperature,
humidity, precipitations and other factors that determine aspects such as the
reproductive cycle or the interaction between different species.
This ecological balance has been constant for the last hundreds of years, which has
allowed the plaintiffs and their peoples to learn the conditions that maintain it and
take advantage of this knowledge. Thus, several generations that have inhabited
what is now Block 14 have passed, from generation to generation, the knowledge
they have acquired of this ecosystem and the ecological balance that
he claims.
The worldview of indigenous peoples is based on the harmonious and holistic

relationship in all the elements of Nature, therefore, when this harmonious relationship
is broken, the cornerstone that sustains them is weakened, not only culturally, but
also in their needs. daily nutritional and medical In other words, an environment that
is not ecologically balanced has especially serious effects on those peoples who
depend on this balance for their subsistence, as we are the plaintiffs in this case.52
Although this breakdown of the ecological balance is sufficient grounds to demonstrate

the existence of a violation of our constitutional rights to an environment
ecologically balanced, in this case, which inevitably leads to the violation of other
constitutional rights, such as the right to food, health, life and territory.
52
Indigenous peoples are particularly vulnerable to environmental degradation not only because of their
special spiritual and cultural relationship with their ancestral territories, but also because of their economic
dependence on environmental resources and because they “often live on marginal lands and fragile
ecosystems”. which are particularly sensitive to disturbances in the physical environment.” Human Rights
Council, Report of the Office of the United Nations High Commissioner for Human Rights on the
relationship between climate change and human rights, January 15, 2009, UN Doc. A/HRC/10/61, para.
51
43
Take into account, Your Honor, that the I/A Court H.R. has recognized the existence of an
undeniable relationship between the protection of the environment and the realization of other
human rights, insofar as environmental degradation and the adverse effects of change affect the
effective enjoyment of human rights.53 Likewise in Advisory Opinion OC-23/17. of November 15,
2017, in which, although the purpose was to address a query raised by Colombia, regarding the
state obligations derived from the rights to life and personal integrity, the Court made important
considerations on ( A) the interrelationship between human rights and the environment, and (B)
the human rights affected by environmental degradation, including the right to a healthy
environment.54
Regarding the interrelation between human rights and the environment, the Opinion also reminds
us that in the particular case of the territorial rights of indigenous and tribal peoples, the Court has
considered that this right is linked to the protection and access to resources because they are
necessary for the survival, development and continuity of the lifestyle of these peoples.55
John H. Knox, independent expert on the issue of human rights obligations related to the enjoyment
of a safe, clean, healthy and sustainable environment, in his Preliminary Report to the Human
Rights Council argues that "all human rights are vulnerable to environmental degradation, in the
sense that the full enjoyment of all human rights depends on an enabling environment.”56
About the human rights affected by environmental degradation, including the right to a healthy and
ecologically balanced environment. Advisory Opinion OC-23/17 of November 15, 2017 makes it
completely clear that the human right to a healthy environment has been understood as a right
with both individual and individual connotations.
53 Series C No. 196. para. 148. Cf. Case of Kawas Fernández v. Honduras. Merits, Reparations
and Costs.
54
Advisory Opinion OC-23/17 of November 15, 2017 , available in:
https://www.corteidh.or.cr/docs/opiniones/seriea_23_esp.pdf
55
See Case Yakye Axa Indigenous Community Vs. Paraguay. Fund Repairs and Costs.
Judgment June 17, 2005. Series C no. 125, para. 137; Case Sawhoyamaxa Indigenous Community
Vs. Paraguay. Fund, Repairs and Costs. Judgment of March 29, 2006. Series C no. 146, paragraph
118; Saramaka People's Case Vs. Suriname. Preliminary Exceptions, Fund, Repairs and Costs.
Judgment of 28 November
Series C No. 172, paras. 121 and 122, and Case of the Kaliña and Lokono Peoples v. Suriname,
supra, para. 173. 56 Human Rights Council, Preliminary Report of the Independent Expert on the
issue of human rights obligations related to the enjoyment of a safe, clean, healthy and sustainable
environment, John H. Knox, December 24, 2012, Doc. UN A/HRC/22/43, para. 19.
44
as collective and that the degradation of the environment can cause irreparable damage to human
beings. The Court recognizes that "the right to a healthy environment as an autonomous right is
different from the environmental content that arises from the protection of other rights, such as the
right to life or the right to personal integrity," although it also recognizes that Damage to nature can
affect all human rights, in the sense that the full enjoyment of all human rights depends on it.57
Finally, Your Honor, take into account that the Court considers that among the rights that are
particularly vulnerable to environmental impacts are the rights to life, health, water, food, and
others that we claim in this Action for Protection.58 And even more , since the Inter-American Court
takes into account that the affectation of these rights can occur with greater intensity in certain
groups in a situation of vulnerability, such as those of us who appear as victims of this Action. The
Court has recognized that environmental damage "will be felt more strongly by sectors of the
population that are already in vulnerable situations."
You, Mr. Judge, must recognize this situation or justify your reasons for deviating from the
same.
5.3.Right to food
The exercise of the right of indigenous peoples to food and food sovereignty
depends fundamentally on their access to natural resources. In the case that we
bring before you, Your Honor, the plaintiffs claim precisely this right because we
have lost access to healthy and nutritious food. The testimonies of local residents
leave no doubt about it. The monkey, which used to be hunted in May, is now in
August, while the crazy agouti changed its season from November to October.
57
Advisory Opinion OC-23/17 of November 15, 2017 https:// , available in:
www.corteidh.or.cr/docs/opiniones/seriea_23_esp.pdf
58
See, for example, Human Rights Council, Report of the Special Rapporteur on the rights of
indigenous peoples: Extractive industries and indigenous peoples, James Anaya, UN Doc. A/HRC/
24/41, July 1, 2013, para. 16; African Commission on Human and Peoples' Rights, Center for the
Development of Minority Rights (Kenya) and Minority Rights Groupen on behalf of the Endorois
Welfare Council Vs.
Kenya. Communication No. 276/03, November 25, 2009, para. 186, and African Commission on
Human and Peoples' Rights, Case of the Center for Action for Social and Economic Rights and the
Center for Economic and Social Rights v. Nigeria, Communication 155/96.
Decision of October 27, 2001, paras. 54 and 55
45
Plants such as the chonta, the ungurahua and the coco de monte, which have seen their natural
cycles altered, are similarly affected.59
In the Ecuadorian case, this right is enshrined in article 13 of the Constitution, which provides:
“individuals and communities have the right to safe and permanent access to healthy, sufficient
and nutritious food; preferably produced locally and in correspondence with their diverse
identities and cultural traditions […]”. In addition, it should be considered that this right is
recognized in various instruments of international law. For example, Article 12.1 of the Protocol
of San Salvador states that: "everyone has the right to adequate nutrition that ensures the
possibility of enjoying the highest level of physical, emotional, and intellectual development." 60
Consistently , Article 11 of the ESCR pact recognizes, “the right of every person to an adequate
standard of living for himself and his family, including adequate food, clothing and housing, and
to a continuous improvement of living conditions [… ]”.61
It is important to emphasize that both General Observation 12,62 and Article 13 of the
Constitution recognize that food must be provided respecting diverse identities and cultural
traditions, so that the measures to redress this right must revolve around adapting these
populations to the new natural cycles caused by Climate Change, so that the plaintiffs are
allowed to recover their traditional ways of life, linked to a relationship of harmony with nature
and its cycles.
The interview with the Miwaguno Commune reflects this situation when it tells us that before,
when they went hunting they would find Guanganas, they used a mouth mask; and what to do
59
Semi-structured Interview Sheet of Pego Enomenga Enomenga, attached the lawsuit
as Annex 5.
See also Semi-structured Interview Sheet of Biba Mintape Guiquita Paa, attached to this application
as Annex 4
60
Additional Protocol to the American Convention on Human Rights in the Area of Economic,
Social and Cultural Rights. "Protocol of San Salvador”. Organization of American States. General
Assembly. 1988.
61
International Covenant on Economic, Social and Cultural Rights. Adopted and open for signature,
ratification and adhesion by the General Assembly in its resolution 2200 A (XXI), of December 16,
1966.
62 General Comment 12; The Right to Adequate Food (art. 11); 20th period of sessions, 1999: “The Committee considers that the basic content of the right to
adequate food includes the following: the availability of food in sufficient quantity and quality to meet the dietary needs of individuals, without harmful substances,
and acceptable to a certain culture
46
farms had what was necessary such as new land and water; while now their diet is less
healthy and there is a shortage of products. 63
In the case of Lhaka Honhat (Our Land) v. Argentina, the Inter-American Court stresses
that the concepts of "adequacy" and "food security" are particularly important with respect
to the right to food. The first concept highlights that not any type of diet satisfies the right,
but that there are factors that must be taken into account, which make the diet "adequate."
For example, food must be acceptable to a certain culture. The second concept is related
to "sustainability" and entails "the possibility of access to food for present and future
generations."64 This possibility, as we are denouncing in this case, has been seriously
diminished for us. due to climate change and loss of ecological balance.
We have another example in the famous case of the Sarayacu people, it was assumed
that the fact that the company affected areas of high environmental, cultural and food
subsistence value for Sarayaku was never disputed. The Court also took into account the
situation of special vulnerability in which the indigenous people found themselves in the
face of the incursion of the oil company, especially during the period of food shortage and
emergency situation.65
Also the Human Rights Council, in its Resolutions 7/14, 10/12 and 13/4, all entitled "The
right to food" (approved on March 27, 2008, A/HRC/7/L.11, March 26, 2009, A/HRC/RES/
10/12, and March 24, 2010, A/HRC/RES/13/4, respectively), have recognized that
environmental degradation, desertification, and change global climate change are
exacerbating misery and despair, with negative consequences for the realization of the
right to food, particularly in developing countries.
Indeed, the right to food of indigenous peoples is based on respect for the traditional
lifestyles of indigenous peoples. What is sought in this Protection Action is not to replace,
but to strengthen the food systems
63
See Digital File with videos (MAH01833, MAH01849, MAH01850, MAH01853, MAH01856 and
MAH01857) and audio of interviews with the Miwaguno Community (FLASH MEMORY), attached to this
lawsuit as Exhibit 10
64 Inter-American Court of Human Rights, Case Indigenous Communities Members of the Lhaka Honhat Association (Our Land)
Vs. Argentina, Judgment of February 6, 2020 65 Inter-American Court of Human Rights Kichwa Indigenous People of Sarayaku
vs. Argentina.
Ecuador. Judgment of June 27, 2012. (Fund and Reparations). Paragraph
47
tradition and protect subsistence activities such as agriculture, hunting, fishing

and gathering. All these activities are affected by Climate Change, since it
limits the availability, access, quantity and quality of these foods that we
consume and that is why we maintain that our right to food is being violated.
5.4.Right to water
The right to water is the only right that has the characteristic of "fundamental" in the
Constitution of Ecuador of 2008, since it recognizes it with total clarity in the
following terms:
"Art. 12.- The human right to water is fundamental and inalienable. Water
constitutes strategic national patrimony for public use, inalienable,
imprescriptible, unseizable and essential for life. (Emphasis added)"
The United Nations Committee on Economic, Social and Cultural Rights also
stressed that the right to water is a sine qua non requirement for the exercise of
other rights, as 'water is necessary to produce food (right to food); to ensure
environmental hygiene (right to health); to procure a living (right to work) and to
enjoy certain cultural practices (right to participate in cultural life)'.66
Given the absence of information that collects the precipitation rates in the area, it
is not possible to use statistical tools to determine a change in the precipitation rate,
so we must attend to the available evidence. The testimony of Pego Enomenga
Enomenga tells us that before they had long days of light rainfall, in which it rained
gently but constantly, sometimes for several days. However, it tells us that today
this cycle is not the same as we find ourselves with. high-intensity rainfall, but for
short periods of time, causing enormous flooding. 67 In the same way, Biba refers
66
UN, ESCR Committee, General Comment No. 15, Application of the International Covenant on
Economic, Social and Cultural Rights, The right to water (articles 11 and 12 of the Covenant), (29th
period of sessions 2002), para. 3. Also, see Information Leaflet No. 35. “The right to water”)
67
Semi-structured Interview Form of Pego Enomenga Enomenga, attached as Annex 5
to this demand:
48
Guiquita, remembering that “the rain generally lasted one day. It wasn't very strong”,
whereas now “it rains for less time, but the rivers fill up more”.68
Taking into consideration that in the content of General Observation No. 15 of the
ESCR Committee,69 the essential conditions of the content of the right to water
were reaffirmed, that is, its availability, quality, accessibility,70 we also allege the
violation of this right by the triggered Pego Enomenga's testimony also establishes
that before there was no “dry season” like the ones they face today. “Before, it
always rained, but not very hard,” says Pego, who is very clear that the dry season
is now in October and November.71
In the words of the Inter-American Court, the close ties of indigenous peoples to
their traditional territories and the natural resources linked to their culture found
there, as well as the intangible elements that arise from them, must be safeguarded
by Article 21 of the American Convention.72 Similarly, the IACHR asserts, the
cultural rights of an indigenous or tribal people may encompass activities related to
natural resources, such as fishing or hunting.73
Q: When it rained, was it a lot or a little that fell? A: It rained for two or three days in a row, but it wasn't
very strong.
Q: When it rains, is it a lot or a little water that falls? A: It rains less time but sometimes stronger.
Q: How long did the rain last? A: 2-3 days

Q: How long does the rain last? A: Sometimes it rains half a day or a day.
Q: What were the river overflows like? Much water little water? A: Before the river did not grow so much.
They were overgrown but not overflowing. It rained longer but less hard.
Q: How are the river overflows now? Much water little water? A: Now the water covers the crops. There is
a lot of water.
68
Semi-structured interview file for Biba Mintape Guiquita Paa, attached to this lawsuit
as Annex 4.
69
UN, Committee on Economic, Social and Cultural Rights, General Observation No. 15 IACHR, Access
to
70
Water in the Américas, an Approach to the Human Right to Water in
the Inter-American System, Annual Report 2015
71
Semi-structured Interview Form of Pego Enomenga Enomenga, attached as Annex 5
of demand Q:
When was the dry season before, and the rainy season? A: There was not much dry season. It always
rained but not very hard.
Q: When is the dry season now, and the rainy season? A: The dry season is in October and November.
72
IDH Court. Case of Yakye Axa Indigenous Community Vs. Paraguay. Judgment of June 17, 2005. Series
C no. 125, para. 137 IACHR, Rights of Indigenous and
73
Tribal Peoples Over Their Ancestral Lands and Natural Resources: Norms and Jurisprudence of the
Inter-American System of Human Rights, para.
49
Thus, in the case that we raise through this Protection Action, we have demonstrated through testimonial
statements (in the absence of scientific evidence), that, due to Climate Change, the rainfall and flood cycles,
their frequency and intensity have changed, which It directly impacts the availability, access, quantity and
quality that we have of this vital element. For this reason we maintain that our fundamental right to water is
being violated.
5.5.Right to health
The right to health implies much more than access to hospitals and medical services, especially when we
are talking about indigenous peoples. On the one hand, we have a vital dependence on their environment,
which makes them especially vulnerable to the disorders that it may suffer. On the other hand, the health of
our peoples hardly depends on the State. Thus, beyond the presence of state institutions, the plaintiffs
depend on the availability of traditional medicines in nature. Under this reasoning, we will first explain the
violations of the right to health based on the relationship of interdependence and harmony of the indigenous
peoples with nature and the limitation in availability, quantity and quality of food and water, to conclude this
explanation noting how has directly affected the access, quality and quantity of traditional medicine available
to
triggers.
There is a relationship of interdependence between various constitutional rights that are established in the
same Magna Carta. Thus, for example, we have that article 32 of the Constitution establishes that health is
a right "whose realization is linked to the exercise of other rights, including the right to water, food, education,
physical culture, work , social security, healthy environments and others that support good living”. This
relationship of interdependence of constitutional rights is also clearly evidenced in article 66.2 of the Supreme
Law, which recognizes and guarantees "the right to a dignified life, which ensures health, food and nutrition,
drinking water, (...)" . Although we will refer to the violation of the right to a dignified life later, at this point we
can establish that the right to health is linked to other rights, such as the right to food, water and even a
healthy environment, to which we have referred to above.
50
In other words, the reported violations of the right to an ecologically balanced environment,
the right to food and water, are linked to the violation of the plaintiffs' right to health. In
this case it becomes evident that the lack of an ecologically balanced environment, the
limitations in access, availability, quantity and quality of food and water, is linked to effects
on the right to health. The unfortunate thing about this situation is that it is aggravated by
the close dependence on the environment of the indigenous peoples who live in harmony
with Nature.
The IHR Court, in judgment of 17 June 2005, in the Case Yakye Axa Indigenous
Community Vs. Paraguay, determined that:
“The special affectations of the right to health, and closely linked to it, those of the
right to food and access to clean water have an acute impact on the right to a
dignified existence and the basic conditions for the exercise of other human rights,
such as the right to education or the right to cultural identity. In the case of
indigenous peoples, access to their ancestral lands and the use and
enjoyment of the natural resources found therein are directly linked to
obtaining food and access to clean water.”
Although with what has been said it is evident that, in the case of indigenous peoples,
when the right to an ecologically balanced environment, food and water is violated, the
right to health is violated, it is also necessary to emphasize that the limitation in the
access, quantity and quality of traditional medicines on which the plaintiffs depend to cure
our conditions produces a serious affectation in the case of the plaintiffs. It is not easy to
replace the source of traditional medicine with a generic, as they would in the city.
General Comment 14 of the United Nations Committee on Economic, Social and Cultural
Rights noted that the right to enjoy the highest attainable standard of health for indigenous
peoples includes the right to specific measures that allow them to improve their access to
health services. culturally appropriate, i.e. taking into account preventive care, curative
practices and traditional medicines. It also points out that, for indigenous communities,
the health of the individual is usually linked to the health of society as a whole and
presents a collective dimension, for which reason it considers that the loss of their
resources
51
food and the breakdown of their symbiotic relationship with the land, have a detrimental
effect on the health of indigenous populations .
To conclude, the testimony of the Miwuaguno Commune is clear in establishing that

“before, the search for plants was done quickly without any difficulty; [while now] the
search for plants takes longer [and] they take up to 3 hours. The plants since they do
not grow normally as they occur as before”.74
Thus, in this case, the use and enjoyment of the natural resources on which we
depend to survive, has been altered and limited by Climate Change. Due to this
phenomenon, the resources once available to the plaintiffs are now scarce, difficult to
access, limited in quantity and quality. In this Protection Action we have demonstrated
through testimonial statements and scientific evidence that Climate Change
has affected the availability, access, quantity and quality of water and food, and
also traditional medicine, which directly affects our health. For this reason we
maintain that our constitutional right to health is being violated.
5.6.Right to territory
In this case, the people whose rights are being violated are members of indigenous
peoples and nationalities, so we cannot fail to analyze the territorial dimension of
Climate Change in their lives. There is a special relationship between indigenous
peoples and their territories, based on a broad conception of indigenous ancestral
territory recognized in international law and in Ecuadorian law.
Article 57 of the Constitution enshrines a series of collective rights related to the right
to territory of indigenous peoples and nationalities:
"Art. 57.- Communes, communities, indigenous peoples and nationalities are
recognized and guaranteed, in accordance with the Constitution and with the
pacts, conventions, declarations and other international human rights
instruments, the following collective rights:
1. Freely maintain, develop and strengthen their identity, sense of
belonging, ancestral traditions and forms of social organization. (…)
74
TRANSCRIPT Interview with the Miwaguno Community, VIDEO (Video MAH01083)
52
6. Participate in the use, usufruct, administration and conservation of renewable

natural resources found on their lands. (…)
8. Conserve and promote their management practices of biodiversity and their

natural environment. (…)”
It is precisely these rights that are being violated due to Climate Change.
First, we are losing our ability to maintain our identity, ancestral traditions, and forms
of social organization. Second, our ability to enjoy the natural resources on which we
depend for survival has been limited. And, third, our ancestral diversity management
practices are becoming obsolete due to Climate Change to which, from our territory,
the investee company contributes.
For the IACHR, the special relationship between indigenous and tribal peoples and their
territories means "the use and enjoyment of land and its resources are integral components
of the physical and cultural survival of indigenous communities and of the effective realization
of their rights." humans in more general terms. 75 This is precisely what we claim we have
lost, because our physical and cultural survival is threatened by Climate Change.
Constitutional justice cannot ignore that both Article 21 of the Convention

Americana on Human Rights as article XXIII XXV of the Declaration
American Declaration on the Rights of Indigenous Peoples protect this close link between
indigenous peoples and nationalities with their lands. In the same sense, the Inter-American
Court has affirmed on repeated occasions that "[t]he relationship with the land is not merely
a matter of possession and production, but rather a material and spiritual element that they
must fully enjoy, including to preserve their cultural legacy." and pass it on to future
generations.”76
The special protection that indigenous territories require by virtue of the close and particular
relationship they have with their custodians has also deserved an entire chapter.
75
IACHR, Report No. 40/04, Case 12.053, Mayan Indigenous Communities of the District of Toledo
(Belize), October 12, 2004, para. 114.
76 IDH Court. Case of the Mayagna Community (Sumo) Awas Tingni Vs. Nicaragua. Fund, Repairs and Costs. Judgment of
August 31, 2001. Series C no. 79, para. 149. IDH Court. Case Yakye Axa Indigenous Community Vs. Paraguay. Fund, Repairs
and Costs.
Judgment June 17, 2005. Series C No. 125, paras. 124, 131. I/A Court HR. Case of the Plan de
Sánchez Massacre v. Guatemala. Reparations and Costs. Judgment of November 19, 2004. Series C
No. 116, para. 85.
53
in ILO Convention 169. Of special interest are articles 13 (relationship between community
and territory), 14 (land delimitation and protection), 18 (sanctions for unauthorized uses
and intrusions) and 19 (guarantee of equity and food sovereignty).
In other words, it cannot be ignored that the territory and indigenous peoples have a
relationship of fundamental importance for the enjoyment of their rights. As the IACHR
and the Inter-American Court have reiterated, the preservation of the particular connection
between indigenous communities and their lands and resources is linked to the very
existence of these peoples, and therefore "deserves special protection measures."
The Inter-American Court has highlighted the close relationship that indigenous peoples have with the land.
Therefore, it has established that this must be recognized and understood as the
fundamental basis of its culture, spiritual life, integrity, economic survival and its
preservation and transmission to future generations.77
It is essential that the judge take into account all these considerations in a transversal
manner when analyzing the present lawsuit, since the right to health, water, and food of
the members of indigenous peoples and nationalities cannot be understood as separated
from their right to territory. Consequently, the violation of these rights results in the
violation of the right to territory, as described in this section.
5.7.Right to life and a dignified life

Climate Change directly and indirectly threatens the effective enjoyment of a
series of rights related to nature, ecological balance, food, water and health, which
affects the very existence of people. Paradoxically, in the case of Climate Change, those
who suffer the most and see their stocks as threatened, are the ones who have
contributed the least to generating GHG.
In effect, in the case that we present, Climate Change is already affecting the lives and
the exercise of the rights of the plaintiffs and the ecosystems on which we depend as
indigenous peoples. The loss of ecological balance translates into a direct threat not only
to a culture, but to the very survival of our peoples. and in the
77
Jurisprudence Booklet of the Inter-American Court of Human Rights Nº
11: Indigenous and Tribal Peoples, Page 61.
54
In the best of cases, those who survive these impacts will not enjoy the right to a dignified life
either.
The right to life is recognized in multiple international instruments and also in the Ecuadorian
Constitution. To question it would discredit whoever dares to do such barbarism. In the middle
of the 21st century, the civilized peoples of the world recognize that everyone has the right to
life and to live in freedom and security.
However, Climate Change represents a threat to the safety and lives of millions of people that
many prefer to ignore.
Dignified life, according to the Inter-American Court, refers to “access and quality of water, food
and health”. Advisory Opinion OC-23/17 of November 15, 2017 refers to these jurisprudential
definitions, indicating that these conditions have an acute impact on the right to a dignified
existence and the basic conditions for the exercise of other human rights, for which reason the
same Court has included the protection of the environment as a condition for a dignified life.78
Although it is established that the right to life implies existence itself and that, therefore, its
exercise is violated not only by taking the life of another person but also when conditions are
generated that make a dignified existence impossible, it would seem that we are ignorant of the
impacts of Climate change. These impacts are especially serious in indigenous peoples that
depend on a harmonious relationship with Nature. For example, we have explained how Climate
Change has impacted the quality and quantity of water, food, and traditional medicines
available to the plaintiffs, which seriously impacts their ability to exist with dignity.
The Constitution of Ecuador recognizes in its article 66, numeral 2 the right to life
dignity in this sense: "People are recognized and will be guaranteed: (...) The right to a dignified
life, which ensures health, food and nutrition, drinking water, housing, environmental sanitation,
education, work, employment, rest and leisure , physical culture, clothing, social security and
other necessary social services.” That is, the decrease
78 Case Yakye Axa Indigenous Community Vs. Paraguay, supra, at para. 167, Case Sawhoyamaxa
Indigenous Community Vs. Paraguay, supra, at paras. 156 to 178 and Case of the Xákmok Kásek
Indigenous Community vs. Xákmok Indigenous Community. Paraguay. Fund Repairs and Costs.
Judgment August 24, 2010. Series C no. 214, paras. 195 at 213.208Cfr. Case Yakye Axa Indigenous Community Vs.
Paraguay, supra, at para. 163 and Case of Chinchilla Sandoval et al Vs. Guatemala, supra, at para.
168.209Cfr. Case Yakye Axa Indigenous Community Vs. Paraguay, supra,para. 163, Case Indigenous
Community Xákmok KásekVs. Paraguay, supra, at para. 187, and Case PeoplesKaliña and Lokono Vs.
Suriname, supra, at para. 172
55
in access, quality, quantity of food, water and medicine prevents the plaintiffs from
enjoying a dignified life.
Also the Inter-American Court of Human Rights, in the Case of Yakye Axa vs.
Paraguay, in its judgment of June 17, 2005, indicated that the right to a dignified life
of the Yakye Axa community was not protected by not guaranteeing their right to an
adequate environment, that is, healthy and ecologically balanced.79 Even the Court
International Justice has ruled on the link between the quality of life and an
ecologically balanced environment, saying that "the environment is not an abstraction,
but rather represents the living space, the quality of life and the very health of the
human beings, including the unborn generations.”80
Thus, from every point of view it seems clear that the sued company has
ignored that its constant emission of GHG has contributed to altering the
natural balance on which its neighbors in Block 14 depend for their survival.
Up to now, the company under action has handled this issue as an externality that it
does not deal with, while its neighbors suffer the consequences of this negligence.
For the Inter-American Court, any damage to the environment that may lead to a
violation of the rights to life or personal integrity, in accordance with the content and
scope of said rights that was defined in Advisory Opinion OC-23/17 of November 15
of 2017 (paras. 108 to 114), must be considered significant damage. However, the
Court makes it clear that the existence of significant damage is something that must
be determined in each specific case, paying attention to its particular circumstances.
Climate justice, in this case in charge of constitutional justice, demands that those
responsible for these emissions assume their share of responsibility. It is clear that
PetroOriental SA, despite being responsible for the constant and avoidable emission
of GHG, has not bothered to consider (or address) the mitigation needs for the
effects of Climate Change suffered by its ancestral neighbors in Block 14, therefore
that this Protection Action is the only mechanism for the respondent to assume her
share of a problem that she helps to cause.
79 Case Yakye Axa Indigenous Community Vs. Paraguay. Fund, Repairs and Costs.
Judgment June 17, 2005. Series C No. 125, para. 161 80 International
Court of Justice, Advisory Opinion, Legality of the Threat or Use of Nuclear Weapons, 1996 ICJ 226 (July 8)
56
6. Pretense
Due to the foregoing in the description of the background, facts, and in the
justification of each of the violated rights, we request that you admit the
Proposed Protection Action and, therefore:
1. Declare the violation of the Rights of Nature, produced by the alteration of the
carbon cycle caused by the burning of GHG; the Right to enjoy an ecologically
balanced environment, produced because Climate Change breaks the
ecological balance; the Right to food, because the plaintiffs have lost regular
access, quality and quantity of the traditional means of food; The Right to
water because periods of drought and floods are becoming more extreme
and unpredictable, which limits our access, quality, quantity and availability
of water; the Right to health because the lack of food affects our health and
because we lost access to traditional medicines; of the right to territory,
because our ability to enjoy natural resources was limited and caused the
obsolescence of ancestral diversity management practices.
2. Order the cessation of the acts that cause this violation of the rights of Nature
and of the plaintiffs, that is, within a term that should not exceed 18 months,
which allows the respondent company to take the necessary actions to avoid
the burning and/or venting of gas, provide for the prohibition of this activity in
Block 14.
3. Order the reparation of the victims, that is, reparation measures for the
violation of rights caused by Climate Change, for which reason it must order
in a judgment that the sued company finance projects that have the objective
of strengthening knowledge systems ancestral and food sovereignty to
face and recover from the alteration of the ecological balance caused
by Climate Change. These projects, always recognized as a reparation
measure, must be prepared and proposed by the community and may
include, but are not limited to:
57
to. Adaptation to Climate Change Through Food Sovereignty, which makes it

possible to face the problem that crops no longer produce the same and
that communities no longer have access to the food they need to live.
b. Climate adaptation in the face of droughts and floods, which allows the
collection, storage and distribution of water to affected communities. The
success of the project will require wells, stormwater management,
flood control and other infrastructure that can cope with the needs created
by Climate Change.
c. Strengthening of Traditional Medicine Techniques Affected by Climate

Change, which improves the recovery, dissemination and maintenance of
traditional practices traditionally used by plaintiffs and victims to guarantee
the right to health and the reproduction of cultural practices
d. Recovery and diffusion of Ancestral Techniques for Collection,

Storage and Sowing of Seeds, which will allow the plaintiff victims to adapt to
changes in the reproduction and growth cycles of plants and animals.
Additionally, the creation of a seed bank is required, in charge of the affected
community itself.
In addition, as an additional piece of information, take into account, Your Honor,
that Ecuador could meet 24% of its goals in reducing greenhouse gas emissions
only by stopping the burning that occurs in the lighters.81
7. Procedure of the action

Throughout this lawsuit we have shown that various violations of constitutional
rights emerge from the facts described. We do not seek the declaration of a right
(but the declaration of the violation of rights that are already recognized in the
Constitution) and there is no other administrative or judicial way to protect these
rights. Finally, it is clear, beyond any reasonable legal doubt, that the Protection
Action that we request is appropriate since in the case that is put to your
consideration the criteria, elements and requirements contemplated in articles 39,
40 and 41 concur. from the LOGJCC:
81
The potential role of natural gasflaring in meeting greenhouse gasmitigation targetsChristopher D. Elvidgea, Morgan D. Bazilianb, Mikhail
Zhizhinc,d, Tilottama Ghoshc,Kimberly Baughc, Feng Chi Hsu. 2015
58
Regarding article 39, consider that this action has the objective of effective and
direct protection of rights recognized by the Constitution and international instruments.
The plaintiffs are claiming exclusively the violation of
constitutional rights (not environmental damage), for which reason we propose this
protection action seeking the effective and direct protection provided by Ecuadorian
regulations to denounce the violation of constitutional rights that affects us.
Regarding article 40 of the LOGJCC, take into account that the three requirements
are combined in the case of the burning of gas carried out by the defendant: 1. The
violation of constitutional rights, since with this lawsuit the following has been
demonstrated: a) the emission GHG constant due to the burning of gas by the company
[see page 11-14]; b) scientific evidence on the incidence of GHG emissions on Climate Change
[see page 14 onwards]; c) the effects on the rights of the defendants based on the
testimonies and ancestral knowledge [see page 23 onwards]. The identification of the
violated rights and a clear explanation of the way in which each of these is affected, is
consigned in Number 5 of this Protection Action demand [see page 32 onwards]; 2. The
action or omission of a public authority or an individual has been clearly established
in number 3 of this lawsuit, "Description of the act or omission causing the violation",
which explains that the burning of gas associated with the production oil carried out by
PetroOriental SA in block 14 emits GHGs that contribute to the alteration of the carbon
cycle and Climate Change that causes violations of the constitutional rights of the
plaintiffs and of Nature [see pages 5 and 6]; 3. The inexistence of another adequate
and effective judicial defense mechanism to protect the violated right has also been
demonstrated by the very nature of the claim, which refers to constitutional rights for
which there is no other way of claiming, since it is not about environmental damage or
an administrative claim, and no available mechanism could declare the violation of
constitutional rights denounced here.
Regarding article 41, this action is directed against an act of legal entities in the
private sector. In this Protection Action we are faced with an individual who causes
serious damage (art. 41, numeral 4, literal c). In addition, the provisions of
subparagraphs a) and d) of the same numeral 4 are also fulfilled, since the defendant is
providing a service of public interest that affects the rights of indigenous peoples,
culturally marginalized, and who are at a clear and evident economic disadvantage. And
social. This particular has been consigned in number 2 of this
59
lawsuit, “Identification of the Respondent – Passive legitimacy” [see pages 4 and 5]. For
ease, we summarize these requirements and their compliance:
First, the circumstance provided for in paragraph c of numeral 4 of article 41 of

the LOGJCC refers to the fact that the act of the private person causes serious damage.
In the present case, this circumstance occurs because the damage is permanent
and irreversible, since the ecological balance cannot be recovered and demands
adaptation to the imbalance caused by Climate Change.
For its part, the circumstance provided for in literal a) of numeral 4 of article 41 of
the LOGJCC provides for two alternatives: that the private person provide improper
public services or that these services are of public interest. In the present case, this
circumstance occurs because PetroOriental SA is providing a service that is of
public interest. Thus, operating under an Amending Contract to the Contract for the
Provision of Services for the Exploration and Exploitation of Hydrocarbons (crude
oil), in Block Fourteen of the Ecuadorian Amazon Region, the respondent company
is providing a SERVICE. The fact that oil exploitation implies a public interest is
enshrined in article 313 of the Constitution, which declares that it is a strategic
sector due to its decisive economic, social and environmental importance, that is,
definitely a matter of public interest .
Finally, the circumstance provided for in literal d of numeral 4 of article 41 of the

LOGJCC, which refers to the fact that the affected person is in a state of
subordination or defenselessness before an economic, social, cultural, religious or
any other power. type, occurs in this case because the victims are indigenous
peoples at a clear and evident economic and social disadvantage, generally
culturally marginalized.
Despite the fact that for the procedurality of this action it is necessary for at least one of
the circumstances provided for in numeral 4 of article 41 of the LOGJCC to occur, in the
present case the 3 grounds invoked come together. Additionally, and in the event that they
do not converge, in a subsidiary manner each one of them is sufficient by itself for the
origin of this action.
In the same way, it is vital to remember that by virtue of the first numeral of article 8 of the
same law, the present action cannot be rejected for lack of formalities, since the applicable
procedure is simple, fast and efficient.
60
8. Affidavit
We declare under oath that the petitioners have not presented, jointly or individually,
another request for protection action, against the same person, for the same event and
with the same claim, as required by articles 10, numeral 6, and 32, third paragraph, of the
Organic Law of Jurisdictional Guarantees and Constitutional Control.
9. Notices and summons

The plaintiffs will be notified in the electronic box 0801427733 and in the following emails:
- pablofajardom@gmail.com
- julprieto@hotmail.com
- yasuni@accionecologica.org
- ivonney@accionecologica.org
- esperanza@oilwatch.org
- karla_fal@hotmail.com
The sued company will be summoned at Avenida Naciones Unidas, E1044 y República del
Salvador, Citiplaza Building, 10th floor, next to Citibank, in the La Carolina neighborhood
of the city of Quito.
10. Attachments
The following evidence and other supporting documentation is attached and it is expressly
requested that it be practiced and incorporated into the file and made available to the defendant
so that they can exercise their rights.
1. Semi-Structured Interview Sheet of Enomenga Wecantaque Growing Corn

2. Semi-structured Interview Sheet of Yeti Gaba Mimaa
3. Semi-structured Interview Sheet by Wini Woarica Ima Omene,
4. Semi-structured Interview Sheet of Biba Mintape Guiquita Paa
5. Semi-structured Interview Form of Pego Enomenga Enomenga
61
6. Study entitled: “Systematization of perceptions of climate change in

eight Pikenanis (grandparents) of the Waorani nationality”
7. Gas Monitoring Reports for Block 14
8. Cartography of Existing Lighters or Torches in 2016 and 2020 - Collective of

Critical Geography of Ecuador
9. Photographic Archive of Field Visits
10. Archivo Digital with videos (MAH01833, MAH01849, MAH01850, MAH01853,

MAH01856 and MAH01857) and audio interviews with the Miwaguno Community -
(FLASH MEMORY).
11. Ministerial Agreement, Statutes and Registration of Board of COMMUNE

MIWAGUNO
12. Ministerial Agreement and Appointment of President of Acción Ecológica of Nathalia

Bonilla Cueva
13. Ministerial Agreement, Statutes and Registration of Board of Directors of the Union of
Affected Men and Women by Texaco Operations (UDAPT)
14. Power of attorney and notarized translation, granted by the International Federation of
Human Rights (IFHR), in favor of Esperanza Martínez Yánez
11. Authorizations
The signatories authorize as sponsor lawyers to exercise our technical defense, the lawyer
Pablo Estenio Fajardo Mendoza, for UDAPT and the Miwaguno Commune; the lawyer Julio
Marcelo Prieto Méndez, for Acción Ecológica and on behalf of Pego Enomenga Enomenga and
Juana Mintare Baihua Caiga; and to the lawyer Esperanza Martínez, on behalf of FIDH, so that,
individually or jointly, they can present with their sole signature whatever writing is required in
this case, as well as to appear at hearings or other procedural steps, in the qualities invoked.
Additionally and without prejudice to the foregoing, Nathalia Bonilla, President of Acción
Ecológica, delegates all the powers of representation of Acción Ecológica, in this Protection
Action, to Yvonne Yánez.
62
We co-sign with our sponsoring attorneys,
Pego Enomenga Enomenga Juana Mintare Baihua Caiga

C.C.: 1500176589 CC: 1600760456
Juan Pablo Enomenga Nathalia Bonilla Cueva
President of the Miwaguno Commune President of Acción Ecológica

C.C.: 1600516783 C.C.: 1710576735
Willian Olmedo Lucitante Criollo Esperanza Martinez Yanez,

UDAPT Legal Representative FIDH representative
C.C.: 2100044383 C.C.: 1706067996
Julio Marcelo Prieto Pablo Fajardo Mendoza

REG: 17-2005-58 REG:
63

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Our personal data, identification of victims and the defendant, foundations of

legitimacy ..................................... ..................4 3. Description of the act or omission causing the

violation .................................. ..................................................5 4. Background and Factual

Basis .................. ................................................................ ..................................6 4.1.

4.5.2. Rights that are being violated ................................................ .................................................... 32 5.1.

5.4. health ................................................................ ................................................................ ............... fifty

5.6. Right to territory .................................................. ................................................................ .............. 52

5.7. Right to life and dignified life............................................ ............................................ 54

7. Proceedings of the action..................................... ................................................................ ............. 58 8.

Affidavit................................. ................................................................ ......................................... 61 9. Notices and

subpoenas..... ................................................................ ................................................................ ....61

10. Attachments................................................................ .................................................................. .................................................. 61

Summary of the Demand

1. Identification of the victims and/or plaintiffs - Legitimation

ÿ Pego Enomenga Enomenga, holder of ID number 1500176589, for her own

ÿ Juan Pablo Enomenga, bearer of identification number 1600516783, for his

ÿ Union of Affected Men and Women Affected by Texaco Operations (UDAPT),

ÿ International Federation of Human Rights (FIDH), duly represented as

2. Identification of the actuated party - Passive legitimacy

PETROORIENTAL SA, represented by Quan Hu, general attorney and

Then, the circumstance provided for in literal c of numeral 4 of article 41 of the

3. Description of the act or omission causing the violation

4. Background and Factual Basis

4.1. Before Block 14, before the Equator

Currently, as original populations, we have received recognition of our rights as

PetroOriental SA is a company that operates in blocks 14 and 17. It is formed with

Hydrocarbons and the Internal Tax Regime Law, PetroOriental SA is classified as a

THE FLARING OF GAS IN BLOCK 14 IS AN INCONTROVERTABLE FACT

1. Campo Sunka Lighter, CDP Station

2. Cigarette Lighter On Battery

4.4. Effect of gas flaring on the carbon cycle - Climate Change

Because the relationships occur in a great variety of different geographical spaces,

According to the analysis of the Third National Communication on Climate Change, in

In development of these policies, the National Climate Change Strategy of Ecuador

Thus, the existence of this global phenomenon, known as Climate Change, is

4.5. Consequences of Climate Change for Victims

Many peoples depend directly on natural resources to survive, so natural

Climate Change constitutes a threat and a danger to the survival of indigenous

4.5.2. Effects of Climate Change on the Miwaguno people

Now November and December it rains.

Now it is not known when it is rainy or dry season, everything changes”. 27

According to the aforementioned systematization study: “The perceptions of the

Anthropology refers to this type of knowledge as Traditional Ecological Knowledge

5. Rights that are being violated

Additionally, we rely on legal literature and applicable national and international

- Law of Nature (article 71 of the Constitution), produced by the

- Right to enjoy a healthy and ecologically balanced environment (article 14 of the

- Right to life (article 66 of the Constitution), because their existence is threatened,

5.1.Right of nature to maintain its structure and life cycles.

Organic Environment (COAM), contributes to this definition of Nature by describing

The rights recognized to Nature or Pachamama by article 71 establish that Nature

3. Modified from Bowman, 2017

Nutrient cycles. Nutrients are also available in limited amounts in nature, so

2. Modified from Bowman et al. (2017)

Interruption of functions. Climate Change causes alterations in the functions

Finally, in the well-known “Camaroneras case”, the Constitutional Court develops

50 Provincial Court of Azuay, judgment of August 3, 2018,

5.2.Right to enjoy a healthy and ecologically balanced environment

We will refer to the violation of this right to an ecologically balanced environment

The worldview of indigenous peoples is based on the harmonious and holistic

Although this breakdown of the ecological balance is sufficient grounds to demonstrate

tradition and protect subsistence activities such as agriculture, hunting, fishing