Ecuador Court Orders Stolen Land Returned to Siekopai People

Ecuador Court Orders Stolen Land Returned to Siekopai People

Editor’s Note: Last November, an Ecuadorean appeals court ruled to return the land back to the ownership of Siekopai People. Since the early 20th century, the Siekopai have suffered due to rubber plantation, drawing of an international border through their land, oil exploration, deforestation for pastures and monocultures, Christian missionaries, among many others. A return of their land is a landmark judgment, and came after years of organizing. The following is a brief story that came out soon after the return of their land.

For a more historical background on the issue, check this story.


Land Returned to Siekopai People

By Brett Wilkins/Common Dreams

Amazon defenders [last November] cheered what one group called “an invaluable precedent for all Indigenous peoples fighting to recover their lands” after an Ecuadorean appeals court ruled in favor of the Siekopai Nation’s ownership claim over its ancestral homeland.

The November 24 decision by a three-judge panel of the Sucumbios Provincial Court of Justice gives Ecuador’s Ministry of the Environment 45 days to hand over title to more than 104,000 acres of land along the country’s border with Peru.

“Today is a great day for our nation,” Siokepai Nation President Elias Piyahuaje said following the ruling. “Until the end of time, this land will be ours.”

The Siekopai—who call their homeland Pë’këya—were forcibly displaced from the region, one of the most biodiverse on the planet, in 1941 during the first of three border wars between Peru and Ecuador. They were then prevented from returning home as the Ecuadorean government unilaterally claimed ownership of Pë’këya.

The ruling marks the first time that an Ecuadorean court has ordered the return of land stolen from Indigenous people.

Amazon Frontlines—a San Francisco-based advocacy group that helped the Siekopai with their case—explained:

With a population of barely 800 in Ecuador and 1,200 in Peru, the Siekopai are on the brink of cultural and physical extinction. On both sides of the border, the Siekopai are currently waging legal battles to recover more than a half-million acres of land that were stolen from their ancestors. The Siekopai’s court victory recognizing Pë’këyamarks a major stepping stone in this binational struggle for the reunification of their ancestral territory. After centuries of violence, racism, and conquest by colonizing missions, rubber corporations, and governments, the court’s recognition of the Siekopai as the owners of Pë’këya is an indispensable step towards restoring justice and guaranteeing their collective survival and the continuity of their culture.

“For over 80 years, we have been fighting to get our land back,” Piyahuaje said. “Despite all the evidence regarding our land title claim—even historians testified that our ancestors dwelled in the area since the time of conquest—the Ecuadorian government failed to uphold our land rights time and time again.”

“We are fighting for the preservation of our culture on this planet. Without this territory, we cannot exist as Siekopai people,” he added.

Amazon Frontlines attorney Maria Espinosa said that “this victory has been decades in the making, it has been a very long struggle against the government.”

“Now, finally, the Siekopai’s dream of recovering their ancestral territory has been achieved,” Espinosa added. “This groundbreaking precedent paves the way for other Indigenous communities who dream of recovering their territories within protected areas.”

In Ecuador, a Forest Has Legal Rights

In Ecuador, a Forest Has Legal Rights

This is a press release from the Center for Biological Diversity

Ecuador’s Highest Court Enforces Constitutional ‘Rights of Nature’ to Safeguard Los Cedros Protected Forest

QUITO, Ecuador— In an unprecedented case, the Constitutional Court of Ecuador has applied the constitutional provision on the “Rights of Nature” to safeguard the Los Cedros cloud forest from mining concessions. The court voted seven in favor, with two abstentions.

In the wake of the ruling, which was published Dec. 1, the Constitutional Court will develop a binding area of law in which the Rights of Nature, the right to a healthy environment, the right to water and environmental consultation must be respected.

The court decided that activities that threaten the rights of nature should not be carried out within the Los Cedros Protected Forest ecosystem. The ruling bans mining and all types of extractive activities in the protected area. Water and environmental permits to mining companies must also be denied.

Mining concessions have been granted to two thirds of the incredible Los Cedros reserve. The Ecuadorian state mining company ENAMI holds the rights. The new ruling means that mining concessions, environmental and water permits in the forest must be cancelled.

“This precedent-setting case is important not only for Ecuador but also for the international community,” said Alejandro Olivera, senior scientist and Mexico representative at the Center for Biological Diversity. “This progressive and innovative ruling recognizes that nature can and does have rights. It protects Los Cedros’ imperiled wildlife, like the endangered brown-headed spider monkeys and spectacled bears, from mining companies.”

In September 2020 Earth Law Center, Global Alliance for the Rights of Nature, and the Center for Biological Diversity filed an amicus curiae (friend of the court) brief before the Ecuadorian Constitutional Court. The groups asked the court to protect Los Cedros and robustly enforce constitutional provisions that establish basic rights of nature, or “pachamama,” including the right to exist, the right to restoration and the rights of the rivers, especially the river Magdalena.

“This is a historic victory in favor of nature,” said Natalia Greene from the Global Alliance for the Rights of Nature. “The Constitutional Court states that no activity that threatens the Rights of Nature can be developed within the ecosystem of Los Cedros Protected Forest, including mining and any other extractive activity. Mining is now banned from this amazing and unique protected forest. This sets a great juridical precedent to continue with other threatened Protected Forests. Today, the endangered frogs, the spectacled bears, the spider monkey, the birds and nature as a whole have won an unprecedented battle.”

“It is undoubtedly good news but the situation of the Los Cedros Protective Forest is not an isolated event in Ecuador,” said Constanza Prieto Figelist, Latin American legal lead at Earth Law Center. “This is a problem of the forests throughout the country. In recent years mining concessions that overlap with protective forests have been awarded.”

The brown-headed spider monkey, found in Los Cedros and threatened by the mining, has lost more than 80% of its original area of distribution in northwest Ecuador. In 2005 scientists estimated that there were fewer than 250 brown-headed spider monkeys globally, making the species among the top 25 most endangered primates in the world.

The case is of great significance, both for Ecuador and the world, because it establishes important and influential “Earth jurisprudence” that will help guide humanity to be a benefit rather than a destructive presence within the community of life. The proposed mining is unlawful, the groups say, because it violates the rights of the Los Cedros Protective Forest as an ecosystem as well as the rights of the many members of that living community.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.7 million members and online activists dedicated to the protection of endangered species and wild places.

Why Today’s Bright Green Environmentalists Won’t Save the Planet

Why Today’s Bright Green Environmentalists Won’t Save the Planet

By Lierre Keith, Derrick Jensen, and Max Wilbert

“The beauty of the living world I was trying to save has always been uppermost in my mind,” Rachel Carson wrote.“That, and anger at the senseless, brutish things that were being done.”

Silent Spring, which inspired the modern environmental movement, was more than a critique of pesticides, it was a cri de couer against industrialized society’s destruction of the natural world.

Yet five decades of environmental activism haven’t stopped the destruction, or even slowed it. In those same decades, global animal populations have dropped by 70 percent. Right now, we are losing about one football field of forest every single second. Looking forward provides no solace: the oceans are projected to be empty of fish by 2048.

A salient reason for this failure is that so much environmentalism no longer focuses on saving wild beings and wild places, but instead on how to power their destruction. The beings and biomes who were once our concern have disappeared from the conversation. In their place we are now told to advocate for projects like the Green New Deal. While endangered ecosystems get a mention, the heart of the plan is “meeting 100 percent of the power demand in the United States through clean, renewable, and zero-emission energy sources” in the service of industrial manufacturing.

This new movement is called bright green environmentalism.

Its advocates believe technology and design can render industrial civilization sustainable, and that “green technologies” are good for the planet. Some bright greens are well-known and beloved figures like Al Gore, Naomi Klein, and Bill McKibben as well as organizations like the Sierra Club, Greenpeace, and Audubon. These committed activists have brought the emergency of climate change into consciousness, a huge win as glaciers melt and tundra burns. But bright greens are solving for the wrong variable. Their solutions to global warming take our way of life as a given, and the planet’s health as the dependent variable. That’s backwards: the planet’s health must be more important than our way of life because without a healthy planet you don’t have any way of life whatsoever.

The bright green narrative has to ignore the creatures and communities being consumed. Take the Scottish wildcat, numbering a grim 35, all at risk from a proposed wind installation. Or the birds dying by the thousands at solar facilities in California, where concentrated sunlight melts every creature flying over.

Or the entire biome of the southern wetland forest, being logged four times faster than South American rainforests. Dozens of huge pulp mills export 100 percent of this “biomass” to Europe to feed the demand for biofuels, which bright greens promote as sustainable and carbon-neutral. The forest has a biological diversity unmatched in North America, lush with life existing nowhere else and barely hanging on. This includes the Southeastern American Kestrel. They need longleaf pine savannahs, and longleaf pine have been reduced to 3% of their range. The kestrels depend for their homes on red-cockaded woodpeckers, who exist as a whisper at 1% of historic numbers. Last in this elegiac sample is the gopher tortoise. Four hundred mammals, birds, reptiles, amphibians, and insects cannot survive without the protective cover of the burrows dug by tortoises, tortoises now critically endangered. All these creatures are our kin: our fragile, wondrous, desperate kin, and environmentalists would have them reduced to pellets, shipped to Europe, and burned, while calling their slaughter “green.”

Facts about renewable energy are worse than inconvenient.

First, industrial civilization requires industrial levels of energy. Second is that fossil fuel — especially oil — is functionally irreplaceable. Scaling renewable energy technologies like solar, wind, hydro, and biomass, would constitute ecocide. Twelve percent of the continental United States would have to be covered in windfarms to meet electricity demand alone. To provide for the U.S.A.’s total energy consumption, fully 72% of the continent would have to be devoted to wind farms. Meanwhile, solar and wind development threaten to destroy as much land as projected urban sprawl, oil and gas, coal, and mining combined by 2050.

Finally, solar, wind, and battery technologies are, in their own right, assaults against the living world. From beginning to end, they require industrial-scale devastation: open-pit mining, deforestation, soil toxification that’s permanent on a geologic timescale, extirpation of vulnerable species, and use of fossil fuels. In reality, “green” technologies are some of the most destructive industrial processes ever invented. They won’t save the earth. They’ll only hasten its demise.

There are solutions, once we confront the actual problem.

Simply put, we have to stop destroying the planet and let the world come back. A recent study in Nature found we could cut the carbon added to the atmosphere since the Industrial Revolution in half by reverting 30% of the world’s farmland to its natural state. This would also preserve 70% of endangered animals and plants. This is the lowest of low hanging fruit when it comes to combating climate change and healing our planet. Everywhere there are examples of how the wounded are healed, the missing appear, and the exiled return. Forests repair, grasses take root, and soil sequesters carbon. It’s not too late.

The green new deal has reforestation as one of its goals, but it’s not the main goal, as it should be. If environmentalism is going to help save the planet — and if it’s going to respond to global warming commensurate with the threat — it needs to return to its roots, and remember the love that founders like Rachel Carson had for the land. We need to pledge our loyalty to this planet, our only home.

There’s no time for despair.

Wildcats and kestrels need us now. We have to take back our movement and defend our beloved. How can we do less? And with all of life on our side, how can we lose?


Derrick Jensen, Lierre Keith, and Max Wilbert are the authors of the forthcoming book, Bright Green Lies: How the Environmental Movement Lost Its Way and What We Can Do About It. The book will be available March 16th, but you can pre-order to your local bookstore or library via IndieBound now.

Western World: Your Civilization Is Killing Life on Earth

Western World: Your Civilization Is Killing Life on Earth

We Indigenous people are fighting to save the Amazon, but the whole planet is in trouble because you do not respect it

by Nemonte Nenquimo / Originally published in The Guardian, Oct. 12 2020

Featured image: Waorani leader Nemonte Nenquimo shows evidence of crude oil contamination in the northern Ecuadorian Amazon rainforest. Photograph: Mitch Anderson / Amazon Frontlines 


Dear presidents of the nine Amazonian countries and to all world leaders that share responsibility for the plundering of our rainforest,

My name is Nemonte Nenquimo. I am a Waorani woman, a mother, and a leader of my people. The Amazon rainforest is my home. I am writing you this letter because the fires are raging still. Because the corporations are spilling oil in our rivers. Because the miners are stealing gold (as they have been for 500 years), and leaving behind open pits and toxins. Because the land grabbers are cutting down primary forest so that the cattle can graze, plantations can be grown and the white man can eat. Because our elders are dying from coronavirus, while you are planning your next moves to cut up our lands to stimulate an economy that has never benefited us. Because, as Indigenous peoples, we are fighting to protect what we love – our way of life, our rivers, the animals, our forests, life on Earth – and it’s time that you listened to us.

In each of our many hundreds of different languages across the Amazon, we have a word for you – the outsider, the stranger. In my language, WaoTededo, that word is “cowori”. And it doesn’t need to be a bad word. But you have made it so. For us, the word has come to mean (and in a terrible way, your society has come to represent): the white man that knows too little for the power that he wields, and the damage that he causes.

You are probably not used to an Indigenous woman calling you ignorant and, less so, on a platform such as this. But for Indigenous peoples it is clear: the less you know about something, the less value it has to you, and the easier it is to destroy. And by easy, I mean: guiltlessly, remorselessly, foolishly, even righteously. And this is exactly what you are doing to us as Indigenous peoples, to our rainforest territories, and ultimately to our planet’s climate.

It took us thousands of years to get to know the Amazon rainforest. To understand her ways, her secrets, to learn how to survive and thrive with her. And for my people, the Waorani, we have only known you for 70 years (we were “contacted” in the 1950s by American evangelical missionaries), but we are fast learners, and you are not as complex as the rainforest.

When you say that the oil companies have marvellous new technologies that can sip the oil from beneath our lands like hummingbirds sip nectar from a flower, we know that you are lying because we live downriver from the spills. When you say that the Amazon is not burning, we do not need satellite images to prove you wrong; we are choking on the smoke of the fruit orchards that our ancestors planted centuries ago.

When you say that you are urgently looking for climate solutions, yet continue to build a world economy based on extraction and pollution, we know you are lying because we are the closest to the land, and the first to hear her cries.

I never had the chance to go to university, and become a doctor, or a lawyer, a politician, or a scientist. My elders are my teachers. The forest is my teacher. And I have learned enough (and I speak shoulder to shoulder with my Indigenous brothers and sisters across the world) to know that you have lost your way, and that you are in trouble (though you don’t fully understand it yet) and that your trouble is a threat to every form of life on Earth.

You forced your civilisation upon us and now look where we are: global pandemic, climate crisis, species extinction and, driving it all, widespread spiritual poverty. In all these years of taking, taking, taking from our lands, you have not had the courage, or the curiosity, or the respect to get to know us. To understand how we see, and think, and feel, and what we know about life on this Earth.

I won’t be able to teach you in this letter, either. But what I can say is that it has to do with thousands and thousands of years of love for this forest, for this place. Love in the deepest sense, as reverence. This forest has taught us how to walk lightly, and because we have listened, learned and defended her, she has given us everything: water, clean air, nourishment, shelter, medicines, happiness, meaning. And you are taking all this away, not just from us, but from everyone on the planet, and from future generations.

It is the early morning in the Amazon, just before first light: a time that is meant for us to share our dreams, our most potent thoughts. And so I say to all of you: the Earth does not expect you to save her, she expects you to respect her. And we, as Indigenous peoples, expect the same.


Nemonte Nenquimo is cofounder of the Indigenous-led nonprofit organisation Ceibo Alliance, the first female president of the Waorani organisation of Pastaza province and one of Time’s 100 most influential people in the world.

Historic Indigenous Legal Victory Against Gold Mining in the Amazon

Historic Indigenous Legal Victory Against Gold Mining in the Amazon

Featured image:  The community of Sinangoe gathered in front of the courtroom in Lumbaqui (Succumbíos) on July 27th 2018.

     by Nicolas Mainville, Amazon Frontlines / Intercontinental Cry

In a lawsuit that will inspire and galvanize many other indigenous communities across the Amazon for years to come, the Kofan of Sinangoe have won a trial against four Ecuadorian ministries and agencies for having granted or attempted to grant more than 30,000 hectares of mining concessions in pristine Amazonian rainforest on the border of their ancestral land without their free, prior and informed consent. The destructive mining operations that were taking place within these concessions threatened not only the Kofan’s lives, culture and health, but also those of the countless communities located downriver.

In a historic decision on Friday July 27th 2018, a regional judge accepted the evidence provided by the community, charged the government with not having consulted the Kofan, and suspended all mining activity in more than 52 concessions in the headwaters of the Aguarico River. The decision was immediately appealed by all the authorities involved, and then by Sinangoe and their ally in the Defensoria del Pueblo, who seek an even tougher verdict recognizing that rights to health, water and a clean environment had also been violated. The case will be brought before a provincial judge in August, 2018.

The free, prior and informed consent loophole

Like in many places around the world, the Ecuadorian government has a mining claim system built to facilitate any interested party in purchasing cheap concessions— maximizing foreign interests and accelerating the approval process. Although both Ecuador’s Mining Act and the Constitution recognize the need for Free, Prior and Informed Consent from stakeholder communities for mining operations, it is still mostly a theoretical concept ignored by Ecuadorian agencies. Hence Sinangoe’s lawsuit. According to the experts heard over the course of the legal process, the Mining ministry leaves the “consultation” to the mining company or the concession owners themselves, which in turn have no legal obligation to consult with local people, and often will perform their “consultation” through a phone call or by handing out a simple information pamphlet. In the case of Sinangoe, it was when machines started tearing up the riverbed of the Aguarico looking for gold that the community learned about the new concessions.

The Environment ministry, on the other end, stipulated in the courtroom that it is not responsible for consulting with communities impacted by mining. Interestingly, according to the Mining Act, the Environment Ministry needs to grant environmental licenses before operations can begin, unless the granting process takes more than 6 months, in which case – as unbelievable as this is – the permits are automatically granted to the operators. So basically, via a very simple bureaucratic process involving nothing more than paperwork, a mining operator can very quickly obtain 20 to 25-year land claims within 6 months, while the impacted communities living downstream haven’t even heard about the concessions. This is a loophole the judge described as a violation of the right to free, prior and informed consent, a verdict that will help many other communities facing the same threats in a country where gold mining is booming.

When rigorous community monitoring pays off

Throughout the lawsuit, the ministries’ lawyers vigorously tried to destroy Sinangoe’s evidence, credibility, ownership of and ancestral claims to the land. They downplayed the environmental damage documented by Sinangoe, claiming that the Kofan aren’t impacted by the mining operations because their land is on the other side of the river and that legal mining has minimal footprint on the environment. However, Sinangoe had done what will likely inspire many other communities: they had documented every step made by the miners through rigorous and systematic monitoring using high tech mapping, filming, archiving all evidence, and then they used legal tactics to pressure every single level of government to act to stop the operations. Systematic recording of all the different types of evidence helped build a solid case against a negligent concession-granting system.

Once in the courtroom, Sinangoe had accrued such a massive body of evidence of environmental damage and inaction on the part of the government that the judge requested a field inspection, a key event that helped him understand the scale of the damage already done, showed the deep connection the Kofan have with the area transformed into mining concessions, discredited the ministries’ arguments, and also allowed him to witness the sheer beauty of the area at risk.

Evidence provided by Sinangoe in court to show the rapidity and expanse of environmental damages on the shores of the Aguarico River

A first legal victory, but the battle for land and rights still rages

To the officials sitting in their offices in Quito, these concessions were nothing more than coordinates and squares on a map, but to the Kofan who live across the riverbank, the area is a place imbued with life, history, sustenance, stories and so much more. To grant concessions without experiencing the place in and of itself, either through field visits or proper consultation with the people who inhabit and use the territory, is a transgression of the inherent value of sites so rich in history and biodiversity.

Sinangoe’s strength has been put to trial, and the community’s perseverance and conviction have provided them a first legal victory and attracted support from various indigenous and human rights organization across the country. With all ministries involved appealing the judgment, the Kofan will need more strength and support to navigate the next wave of legal governmental intimidation.

Alex Lucitante, Kofan human rights defender, engaging with the media after the historic legal victory.

Sign the pledge in support of Sinangoe and stay tuned for more on our work to defend rights, lands and life in the Amazon.

This article was originally published at Amazon Frontlines.