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THE SARAYAKU PEOPLE’S RIGHTS OVER THE OWNERSHIP OF THEIR TERRITORIE

Abstract:

The objective of the research is to analyze the current state of the enforcement of the rights of the Sarayaku community, this through its qualitative modality of explanatory scope, the case study analyzes this legal reference in terms of the rights of indigenous communities and property rights. In 1996, Sarayaku was subject to violations by the State, including the right to prior, free and informed consultation and ancestral property. The current state of rights and legal security for these ancestral communities is rectified, as the Ecuadorian state has left legal gaps in relation to the regulation of free, prior and informed consultation, giving way to a violation of their collective rights, therefore, a forced inclusion in the dynamics of collective law, the conventionality of the Ecuadorian Constitution and the considerations of the IACHR.