Introduction
Ecuador is a country with a significant Indigenous population, encompassing more than ten distinct ethnic groups. These Indigenous communities contribute substantially to the country’s cultural diversity and environmental conservation, and their rights are formally recognized in the 2008 Constitution. Despite this constitutional framework, reports indicate that in recent years, the rights of Indigenous peoples in Ecuador have faced numerous challenges and violations. This issue has been particularly evident in disputes over the exploitation of natural resources—such as oil and minerals—as well as in the government’s handling of Indigenous protests.
The importance of this matter extends beyond social justice and cultural diversity; it is also critical from an environmental and ecological standpoint. Indigenous territories are often located in areas rich in biodiversity—such as the Amazon rainforest—whose destruction carries significant national and international consequences. Therefore, protecting the rights of Indigenous peoples not only contributes to the advancement of human rights but also plays an essential role in fostering participatory and sustainable governance models.
Incidents
- The Yasuní Referendum
Under Ecuadorian law, the government has established a mechanism requiring consultation with Indigenous peoples before initiating mineral extraction or large-scale industrial and economic projects in their territories. For certain issues of national importance, the law also mandates public referendums. However, the implementation of this framework has continually faced structural and governance challenges, as the state has often failed to respect the people’s will. According to Indigenous representatives, many of the consultation meetings organized by the government are merely formalities, lacking genuine participation.
In this context, the Yasuní Referendum was held on August 20, 2023, in which approximately 59 percent of Ecuadorians voted to halt oil extraction in Yasuní National Park. The park, spanning nearly one million hectares[1], is one of the most biodiverse areas in the world and home to Indigenous peoples such as the Tagaeri and Taromenane, who have chosen to live in voluntary isolation. Oil drilling in Yasuní began in September 2016 in Block 43, known as ITT (Ishpingo–Tambococha–Tiputini)[2].
This referendum was the culmination of years of advocacy by Indigenous communities, environmental activists, and the Yasunidos Movement, which had campaigned since 2013 for its realization. The outcome of the vote was hailed as a major victory for environmental protection and the fight against climate change. Nevertheless, the full implementation of the decision faced serious economic and political obstacles within Ecuador. By late 2023, doubts began to surface regarding the government’s willingness to enforce the results of the Yasuní referendum.
In October 2023, a controversial video emerged showing President Guillermo Lasso stating:
“Implementing the people’s affirmative vote is impossible, and we will maintain this stance as long as we can[3].”
It appears that this position was motivated by the fact that, according to leaked documents from Petroecuador, the state-owned oil company, approximately 55,000 barrels of oil were being extracted daily from the Yasuní area—providing nearly 1.2 billion USD annually to the public budget[4].
Following the president’s remarks, it was revealed in September 2023 that PetroEcuador planned to add 15 new wells to the 235 existing ones[5], further threatening the lives and environment of local Indigenous communities. Amnesty International later reported that by the end of 2024, the government had continued drilling operations in Yasuní, effectively nullifying the referendum’s mandate to cease extraction[6].
- Clashes in Palo Quemado and the Dispute over the Referendum’s Implementation
As the Ecuadorian government disregarded the results of the referendum and failed to halt mining and oil projects in environmentally sensitive Indigenous territories, waves of protests and violent confrontations erupted between state security forces, Indigenous communities, and environmental defenders.
In March 2024, the regions of Palo Quemado and Las Pampas in Cotopaxi Province witnessed one of the most violent crackdowns related to mining projects, resulting in numerous injuries and a heavy military presence. This repressive approach, initiated under the previous administration, was based on Executive Decree No. 754, which sought to weaken the requirement for community consultation in Indigenous territories and exempt the state from accountability for industrial and mining projects.
In July 2023, the Constitutional Court had suspended this decree. Later, in November 2023, the same court declared Decree 754 unconstitutional but allowed it to remain conditionally valid provided that any consultations met the highest national and international standards[7].
For years, Indigenous communities have warned that mining activities threaten their water sources, agricultural lands, and traditional livelihoods, bringing risks of heavy metal pollution and the destruction of mountain grasslands. They have also exposed conflicts of interest between government officials and extractive companies that continue their operations despite judicial orders to suspend them and demilitarize the affected zones.
The March 2024 events marked a turning point in the social resistance movement and in the judicialization of the conflict[8]. However, the absence of broad participation from local residents—comprising nearly eight Indigenous tribes[9]—and the deployment of roughly 700 police and military personnel led to violent clashes. One villager fell into a coma, and more than 20 others were injured[10].
The government accused the protesters of rioting and terrorism, but Edison Yánez, head of the local councils, rejected the official narrative, denying claims that the demonstrators were outsiders or terrorists[11]. By October 2024, the situation escalated further as the Ecuadorian Army was deployed to suppress continued protests.
It should be noted that the Ecuadorian government granted mining concessions in this region—rich in gold, silver, and copper—to the Canadian company Atico Mining Corporation. However, local residents refused to accept the project due to the government’s failure to conduct meaningful consultations or respect environmental and cultural concerns. The company has also been accused of installing surveillance cameras near downtown Palo Quemado to monitor citizens’ movements and intimidate local leaders[12].
Indigenous residents have reported being threatened by Atico Mining employees along access roads to their communities. Their motorcycles were confiscated, and they were subjected to intimidation. On Wednesday, March 6, 2024, one Indigenous leader who publicly opposed the mining project was directly threatened with death—along with his children—by four unidentified individuals[13].
Challenges and Responses
- Economic Resources and Development Pressures
The tension between economic resource exploitation and the protection of Indigenous rights represents one of Ecuador’s most critical development challenges. The country is richly endowed with natural resources—particularly oil, minerals, and Amazonian forests. According to data from the International Energy Agency (IEA, 2022), with approximately 8.27 billion barrels of proven oil reserves, Ecuador ranks as the fourth-largest oil reserve holder in Latin America and the Caribbean[14].
Additionally, the La Plata Mine, operated by the Canadian company Atico Mining Corporation, contains an estimated 4.1 grams of gold per ton and 49.4 grams of silver per ton[15]. However, much of these natural resources lie within ancestral Indigenous territories, which under international law are subject to special protection.
Oil and mining projects in these areas have led to forced displacement, environmental contamination, deforestation, and the erosion of traditional livelihoods. Yet, as a developing nation, the Ecuadorian government considers itself dependent on these resources to sustain its economy. This dependency has created a structural conflict between national economic priorities and the fundamental rights of Indigenous peoples.
Over recent decades, this structural contradiction has repeatedly fueled social and legal disputes, drawing the attention of international human rights bodies. The growing weight of foreign investment and Ecuador’s high reliance on extractive revenues have pushed the state toward development-driven policies, often at the expense of human and environmental rights.
Meanwhile, Indigenous and civil society organizations insist on the importance of upholding the principle of free, prior, and informed consent (FPIC) and the right to self-determination as enshrined in international human rights law and the UN Declaration on the Rights of Indigenous Peoples.
- Domestic Reactions
The national media outlet Radio Pichincha, on August 22, 2025, reported on the reaction of Indigenous communities and their representative organization, the Indigenous and Peasant Movement of Cotopaxi, regarding ongoing mining activities in their territories.
According to the report, communities denounced the illegality of the government’s procedures and accused the state of siding with extractive interests. The movement stated that the Ecuadorian government, in collaboration with Atico Mining Corporation, sought to impose a new environmental consultation process to justify the expansion of another mining project. The statement warned that this mechanism would be fraudulent and repetitive, as it ignored prior court rulings and primarily aimed to facilitate mining operations in rural and Indigenous lands.
The organization recalled that in March 2024, the communities of Palo Quemado and Las Pampas had already endured one of the harshest mining-related crackdowns in Ecuador’s history, marked by territorial militarization, helicopter bombings, harassment of women and youth, and the criminalization of villagers, all resulting in injuries and violations of collective rights[16].
- International Reactions
The Office of the United Nations High Commissioner for Human Rights (OHCHR) – South America Regional Office, on March 18, 2024, published a report detailing its meeting and communications with the Indigenous community of Las Pampas. During this session, community representatives voiced grave concerns. They emphasized that the consultation process for industrial and mining projects was being conducted under a decree that had already been declared unconstitutional in 2023 and that only a small fraction of Indigenous peoples were actually included.
They further alleged that non-local individuals were brought in to artificially fill consultation quotas, demonstrating the bad faith and performative nature of the process. Villagers reported threats, vehicle confiscations, and intimidation by mining company employees.
The Ecumenical Commission within the OHCHR noted that this pattern of criminalization of local communities mirrored similar incidents across other regions of Ecuador. Indigenous representatives also warned of soil and water contamination resulting from mining and the risk of destroying organic agricultural production, including livestock.
Jan Jarab, the UN Human Rights Representative, expressed serious concern about the manner in which Indigenous consultations were being carried out, reaffirming the UN’s commitment to supporting the economic, social, cultural, and environmental rights of affected communities. He also emphasized the OHCHR’s readiness to monitor judicial processes related to these violations and to accompany Indigenous communities in their defense efforts[17].
The United Nations Office at Geneva, in its November 27, 2024 report summarizing sessions on racial discrimination, reviewed Ecuador’s 25th periodic report to the Committee on the Elimination of Racial Discrimination (CERD). The dialogue included exchanges between UN experts and Ecuadorian government delegates.
The Committee commended Ecuador’s establishment of special institutions such as the National Equality Council for Peoples and Nationalities, its education law reforms promoting intercultural education, and anti-poverty and anti-discrimination policies. However, experts raised serious concerns about structural discrimination, high poverty rates among Indigenous and Afro-descendant populations, mass arrests and excessive use of force during the 2022 protests, critical prison conditions, and growing organized violence.
They also questioned the underrepresentation of Indigenous and Afro-descendant women in political leadership, the transfer of ancestral lands to mining companies, environmental pollution, and labor rights violations[18].
The environmental organization Friends of the Earth – Canada, in a December 13, 2024 statement, condemned the pressure exerted on Indigenous communities in Ecuador to accept mining projects led by Atico Mining Corporation. The statement announced that over 108 human rights and environmental organizations had sent a joint letter to both Atico Mining and the President of Ecuador, demanding an end to militarization, criminalization, and intimidation of Indigenous and rural communities in Palo Quemado.
This action coincided with the fifth round of free trade negotiations between Canada and Ecuador. Following the joint letter, local communities and NGOs reiterated their denunciation of the sham environmental consultation processes imposed under military supervision. Over the past two years, the Ecuadorian army had entered Palo Quemado at least three times, militarizing the area to enforce these staged consultations.
The letter also referenced concerns raised by several UN bodies condemning the violence stemming from such consultations. The Palo Quemado and Las Pampas communities have opposed mining operations for over 40 years, and more than 70 individuals have faced unfounded criminal charges for their resistance[19].
The International Work Group for Indigenous Affairs (IWGIA), a Denmark-based NGO specializing in Indigenous rights, published a report titled “The Indigenous World 2025: Ecuador”, offering an updated overview of the situation.
According to the report, Ecuador’s Indigenous population—approximately 1.3 million people across 14 nationalities— continues to suffer from the absence of effective policies ensuring protection of their rights. Despite Ecuador’s international commitments under ILO Convention No. 169, widespread poverty and lack of access to healthcare and education disproportionately affect Indigenous groups, with extreme poverty levels reaching 80–90 percent in some communities.
The country’s economic crisis and foreign debt have deepened the marginalization of Indigenous peoples, excluding them from national development benefits. Instead of supporting Indigenous livelihoods, the government—under the pretext of internal security and “domestic war”—has pursued policies of criminalization and repression. Arbitrary arrests of Indigenous guards and the denial of free, prior, and informed consent (FPIC) exemplify this trend.
The most severe human rights violations occurred at the La Plata mining project in Palo Quemado, where military and police deployment, the use of paramilitary groups, and the labeling of local leaders as terrorists resulted in dozens of injuries and widespread fear. These incidents, alongside similar projects in other provinces, illustrate a systematic policy of state-corporate repression against Indigenous communities opposing mining and securitized development policies[20].
Finally, on September 4, 2024, the Inter-American Court of Human Rights (Corte IDH) issued Judgment No. C-537 concerning Ecuador’s Indigenous peoples. The Court found Ecuador responsible for multiple violations of the rights of the Tagaeri and Taromenane peoples and for failing to protect them from violent attacks.
These nomadic groups depend on hunting and gathering in the Amazon rainforest for their subsistence, yet their territories have long been targeted for oil and timber exploitation. The Court ordered Ecuador to expand its protected areas, strengthen monitoring against threats, and provide financial reparations to victims.
It also mandated the state to establish preventive measures against oil drilling, illegal logging, and other extractive activities, create a surveillance system for detecting threats in ancestral lands, and train government officials on respecting Indigenous rights.
The Court concluded emphatically:
“Respect for the principle of non-contact with the outside world, as an expression of these peoples’ right to self-determination, does not mean abandoning them to their fate[21].”
Conclusion
An examination of the situation of Indigenous peoples in Ecuador reveals a profound gap between the legal recognition of their rights in the Constitution and the actual implementation of those rights by state authorities. This discrepancy is most apparent in the oil and mining projects located within Indigenous territories, where the government, while formally committed to the principle of free, prior, and informed consultation, remains heavily dependent on natural resource exploitation due to economic pressures and foreign debt.
The Yasuní Referendum stands as a striking example of this contradiction. Although the population voted by a clear majority to halt drilling in the Yasuní National Park, the state’s reluctance to enforce this decision—motivated by fiscal dependency on oil revenues—has undermined the rule of law, public trust, and the credibility of democratic mechanisms. Consequently, Indigenous communities have grown increasingly disillusioned with legal and participatory instruments, deepening the divide between the state and local populations and paving the way for broader social unrest.
The Palo Quemado conflict further illustrated the tangible dimensions of this crisis. In that region, consultations with Indigenous communities were reduced to symbolic and performative sessions, while legitimate protests were met with militarization and violence. This pattern exposed a governance model in which development policies are driven less by dialogue and more by security-oriented logic and the criminalization of Indigenous activism.
Moreover, the involvement of foreign corporations, such as Canadian and Australian mining companies, has heightened concerns about transnational accountability and the extraterritorial human rights obligations of states where these companies are headquartered. These dynamics have placed Indigenous communities under dual pressure—from both domestic authorities and international economic actors.
This situation has provoked significant domestic and international reactions. Nationally, Indigenous and civil movements have accused the government of favoring corporate interests and disregarding collective and environmental rights. Internationally, human rights institutions and civil society organizations have denounced the militarization of Indigenous territories, the staged consultation processes, and the criminalization of social protest.
From these developments, several key findings can be drawn:
- Structural Dependence on Extractive Economies — Ecuador’s reliance on oil and mineral resources continues to delay or obstruct the full realization of Indigenous rights. Economic dependency perpetuates a cycle in which resource extraction is prioritized over human and environmental protection.
- Institutional Weakness and Democratic Erosion — The lack of effective oversight mechanisms and the government’s disregard for popular mandates have eroded institutional legitimacy, weakened social capital, and fostered widespread public distrust.
- Security-Driven Governance and Criminalization of Dissent — The state’s securitized response to Indigenous mobilization—through police and military repression and the use of “terrorism” charges—has raised the cost of civic participation and increased the likelihood of further violence.
- Transnational Corporate Responsibility — The participation of foreign companies in projects that violate human rights highlights the need to strengthen international accountability frameworks and to ensure home-state responsibility for corporations operating abroad.
In essence, the Ecuadorian case illustrates how economic imperatives, weak governance, and external pressures can converge to erode both Indigenous rights and environmental justice. Ensuring genuine compliance with the principles of self-determination, free, prior, and informed consent, and collective participation remains essential not only for upholding human rights, but also for achieving sustainable and equitable development in Ecuador and beyond.
References
[1] Conservacion Internacional. (2023, August 22). Ecuador approves historic referendum to halt oil exploitation in the Yasuní and mining in the Andean Chocó. Conservacion Internacional. From: https://www.conservation.org/ecuador/noticias/2023/08/23/ecuador-aprueba-hist%C3%B3rica-consulta-popular-para-detener-la-explotaci%C3%B3n-petrolera-en-el-yasun%C3%AD-y-la-miner%C3%ADa-en-el-choc%C3%B3-andino
[2] Mino, E. (2023, July 24). A chronology of the Yasunidos case. GK. From: https://gk.city/2023/06/28/cronologia-caso-yasunidos-crudo-bajo-tierra-consulta-popular-2023/
[3] Mongabay. (2024, June 23). Yasuní’s Compliance with Popular Consultation to Stop Oil Exploitation Faces Serious Obstacles in Ecuador. Mongabay. From: https://es.mongabay.com/2024/06/cumplimiento-de-consulta-popular-yasuni-para-detener-explotacion-petrolera-enfrenta-obstaculos-ecuador/
[4] Dionis, M. (2023, August 19). Ecuador votes on whether to continue extracting oil from the Amazon in a historic referendum on Yasuni. Newtral. From: https://www.newtral.es/consulta-yasuni-ecuador/20230819/
[5] Mella, C. (2023, September 23). Lasso ignores the popular will to stop oil exploitation in the Yasuni reserve. El Pais. From: https://elpais.com/sociedad/2023-09-23/lasso-desconoce-la-voluntad-popular-de-frenar-la-explotacion-petrolera-en-la-reserva-yasuni.html
[6] Amnesty International. (n.d.). Ecuador 2024. Amnesty International. From: https://www.amnesty.org/en/location/americas/south-america/ecuador/report-ecuador/
[7] Business & Human Rights Resource Centre. (2024, March 20). Ecuador: Palo Quemado residents criminalized and repressed by public forces who would be in favor of mining project. Business & Human Rights Resource Centre. From: https://www.business-humanrights.org/es/%C3%BAltimas-noticias/ecuador-moradores-de-palo-quemado-criminalizados-y-reprimidos-por-fuerzas-p%C3%BAblicas-que-estar%C3%ADan-a-favor-de-proyecto-minero/
[8] TeleSUREtv. (2025, August 24). Ecuador: Militarization and “fraudulent” consultation to enable mining project in Cotopaxi denounced. TeleSUREtv from: https://www.telesurtv.net/ecuador-denuncian-militarizacion-y-consulta-fraudulenta-para-habilitar-proyecto-minero-en-cotopaxi/
[9] Primicias. (2024, March 20). Palo Quemado: What is happening in this parish of Cotopaxi. Primicias. From: https://www.primicias.ec/noticias/economia/palo-quemado-cotopaxi-policias-enfrentamientos-mineria/
[10] Alvarado, A. (2024, April 16). Controversy and rejection in Ecuador over environmental consultation of the La Plata mining project in Cotopaxi. Mongabay. From: https://es.mongabay.com/2024/04/controversia-rechazo-en-ecuador-por-consulta-ambiental-proyecto-minero-cotopaxi/
[11] OCMAL. (2024, March 29). Ecuador: Protests against mining leave 46 injured in a community in central Andes. OCMAL. From: https://www.ocmal.org/ecuador-protestas-contra-explotacion-minera-dejan-46-heridos-en-una-comunidad-del-centro-andino/
[12] Herrera, V. (2024, November 11). Continued militarization and criminalization of environmental defenders to advance Canadian mining project in Ecuador. Mining Watch Canada. From: https://www.miningwatch.ca/blog/2024/11/11/continued-militarization-and-criminalization-environmental-defenders-advance
[13] CEDHU. (2024, March 11). Alert! Peasants at risk due to the imposition of the las pampas consultation – Cotopaxi. Comision Ecumenica De Derecmos Humanos. From: https://cedhu.org/2024/03/11/alerta-campesinos-y-campesinas-en-riesgo-por-imposicion-de-la-consulta-las-pampas-cotopaxi/
[14] Eia. (2023, July 20). Ecuador. Eia. From: https://www.eia.gov/international/content/analysis/countries_long/Ecuador/
[15] Ax Legal. (2024, August 20). Ecuador Mining Project Update. Ax Legal. From: https://ax.legal/2024/08/20/ecuador-mining-project-update/
[16] Fonseca, D. (2025, August 22). Cotopaxi communities accuse the government of imposing a “fraudulent consultation” for the La Plata mining project. Radio Pichincha. From: https://www.radiopichincha.com/comunidades-cotopaxi-gobierno-consulta-mineria/
[17] ACNUDH. (2024, March 18). Ecuador: Oficina talks with representatives of Las Pampas community on environmental consultation of mining project in Palo Quemado. ACNUDH. From: https://acnudh.org/ecuador-oficina-dialogo-con-representantes-de-comunidad-de-las-pampas-sobre-consulta-ambiental-de-proyecto-minero-en-palo-quemado/
[18] United Nations. (2024, November 27). Experts of the committee on the elimination of racial discrimination welcome steps taken by ecuador to guarantee the rights of people of African descent, raise questions about the 2022 protests and the protection of human rights defenders. United Nations. From: https://www.ungeneva.org/en/news-media/meeting-summary/2024/11/examen-de-lequateur-au-cerd-la-mise-en-oeuvre-des-droits
[19] Friend of the Earth Canada. (2024, December 13). Atico mining: Environmental impact and social injustice issues. Friend of the Earth Canada. From: https://foecanada.org/2024/12/atico-mining-issues-exposed/
[20] Iwgia. (2025, April 25). The Indigenous World 2025: Ecuador. Iwgia. From: https://iwgia.org/en/ecuador/5732-iw-2025-ecuador.html
[21] Radwin, M. (2025, March 20). Ecuador must improve conditions for uncontacted indigenous communities, human rights court rules. Mongabay. From: https://news.mongabay.com/2025/03/ecuador-must-improve-conditions-for-uncontacted-indigenous-communities-human-rights-court-rules/
