On January 30, 2025, Ecuador’s Constitutional Court dismissed an appeal by the ‘Warriors for the Amazon,’ affirming non-compliance with a prior ruling to eliminate gas flares in the Amazon. Despite acknowledgment of insufficient enforcement, the Court declined to provide reparations. Activists expressed their determination to continue advocating for their rights and environment, condemning the ongoing threat posed by gas flares.
On January 30, 2025, Ecuador’s Constitutional Court rejected an extraordinary action for protection from the “Guerreras por la Amazonia” (Warriors for the Amazon), alongside the Union of People Affected by Texaco’s Oil Operations (UDAPT) and the “Remove the flares, Ignite life” group. These activists previously achieved a 2021 ruling mandating the elimination of gas flares in the Amazon and reparations for health and environmental violations.
The Warriors sought to guarantee the enforcement of the ruling, specifically to remove flares situated near populated areas. Amnesty International submitted an amicus curiae, highlighting the ambiguous definition of “population centres,” which permitted authorities to feign compliance with the ruling. The Constitutional Court’s decision perpetuates the infringement of constitutional rights for the plaintiffs and the Amazonian populace.
Despite acknowledging a failure in compliance with the 2021 ruling, the Court dismissed the Warriors’ action on the basis that their due process rights were unaffected. Consequently, the Warriors and their communities received neither justice nor adequate reparations. Pablo Fajardo of UDAPT criticized the Court’s ruling: it demonstrates significant flaws, enabling state entities to evade compliance with the judicial order.
Ana Piquer, Americas Director at Amnesty International, denounced the ruling for facilitating continued operation of gas flares, which endanger the rights and health of the Warriors and their communities. She emphasized that this decision contributes to the worsening environmental crisis: “The Ecuadorian Amazon is burning… with every gas flare that continues to operate, the future grows darker for all.”
In light of the Court’s decision, the Warriors reinforced their resolve to continue their struggle: “We will NOT falter, we will not give up, we will not be beaten. We will continue to fight for our future, for our life, for our land.”
The Warriors first took action in October 2021, contesting the vagueness of the original ruling, which allowed gas flares to remain operational under certain conditions. Petroamazonas, the state compnay, has decided that flares further than 150 meters from populated areas are not required to be removed until 2030, despite health risks present within 5,000 meters. The Warriors articulated their discontent with the Constitutional Court’s ruling, with UDAPT supporting their position in a public statement. Furthermore, 14-year-old Leonela Moncayo was threatened for her vocal opposition to the gas flares, spotlighting the risks faced by those advocating for environmental justice.
The dismissal by Ecuador’s Constitutional Court of the Warriors for the Amazon’s action highlights a continuing struggle for justice regarding environmental rights. Despite previous rulings mandating action against harmful gas flares, the ruling’s ambiguities have allowed non-compliance to flourish. Activists, although disillusioned, have vowed to persist in their fight against the state’s negligence, which jeopardizes both the environment and the health of the Amazonian people.
Original Source: amnesty.ca
