On 30 January 2025, Ecuador’s Constitutional Court dismissed an extraordinary action for protection brought by the “Guerreras por la Amazonia” (Warriors for the Amazon). This group of activists, supported by the Union of People Affected by Texaco’s Oil Operations (UDAPT), the “Eliminen los Mecheros, Enciendan la Vida” (Remove the flares, Ignite life) group and their own communities, won a court ruling in 2021 that ordered the elimination of gas flares in the Ecuadorian Amazon and reparation measures for violation of their rights to health and a healthy environment.

The protection action brought by the Warriors was aimed at ensuring that the reparation measures ordered would be properly implemented, including through the removal of flares located close to population centres. Amnesty International submitted an amicus curiae to the Court, pointing out the ambiguous definition of “population centres” and the distance of the flares from such centres, which has allowed the Ecuadorian authorities to simply give the appearance of complying with the ruling.

With their decision, the judges of the Constitutional Court have only prolonged the violation of the constitutional rights of the plaintiffs and the people of the Amazon region.

Pablo Fajardo, UDAPT and the “Eliminen los Mecheros, Enciendan la Vida” collective

Although the Court acknowledged a lack of compliance with the ruling, it dismissed the action on grounds that “the right to due process in the guarantee of motivation was not violated”. Thus, the Warriors of the Amazon and their communities received neither justice nor meaningful reparations. Pablo Fajardo, from UDAPT and the “Eliminen los Mecheros, Enciendan la Vida” collective, stated: “The plaintiffs and the legal team supporting them have shown that the ruling of the Court of Sucumbíos has significant flaws and ambiguities, creating loopholes that have allowed the state, including the Ministry of Energy and Mines, the Ministry of Public Health and the Ministry of Environment, Water and Ecological Transition, to evade compliance with the ruling. With their decision, the judges of the Constitutional Court have only prolonged the violation of the constitutional rights of the plaintiffs and the people of the Amazon region.”

The Ecuadorian Amazon is burning, and with every gas flare that continues to operate, the future grows darker for all.

Ana Piquer, Americas Director at Amnesty International

Ana Piquer, Americas director at Amnesty International, also condemned the decision. “Due to the vagueness of the original ruling, this unfortunate decision by Ecuador’s Constitutional Court allows the state of Ecuador to continue operating gas flares, which will result in the rights of the Warriors for the Amazon and their communities going up in flames and suffocating in toxic gases, with millions more people being affected because of their contribution to climate change. The Ecuadorian Amazon is burning, and with every gas flare that continues to operate, the future grows darker for all.”

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.

Warriors for the Amazon

Despite the Court’s decision, the Warriors for the Amazon were defiant that they would continue to fight. “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,” they declared.

Further background on the Warriors for the Amazon:

Despite a favourable ruling for the Warriors in 2021, gas flaring has not ceased. The activists brought an action before the Constitutional Court on 28 October 2021, in which they argued that the ruling was vague and imprecise, making it difficult to enforce. According to the ruling, gas flares near populated areas were to be removed within 18 months, and all others by 2030. Given the ambiguity in the ruling, the state company Petroecuador has discretionally established that any flares located more than 150 metres from any population centre need not be removed until 2030, despite evidence showing that harmful health and environmental effects are felt over a distance of up to 5,000 metres. The Warriors for the Amazon have expressed their objection to the decision of the Constitutional Court in a public statement, with the UDAPT supporting the activists in a separate statement.

Header image of Warriors of the Amazon by UDAPT.