Kichwa Indigenous People of Sarayaku v. Ecuador (Merits, Reparations, Costs) IACtHR Series C No 245 (27 June 2012)

Members of the Kichwa indigenous people of Sarayaku rightfully held communal land that was subject to oil exploration by a private company authorized by the Ecuadorian government.  Through a series of stand-offs, threats and legal interventions, the oil company continued to encroach on Sarayaku land without authorization of the community.  The encroachment included: deforestation, destruction of caves, laying of dangerous seismic lines and disruption and pollution of the community’s drinking water.  Of particular note was the Court’s holding that a State’s positive obligations to respect the right to life may be based on the particular needs of a rights holder which may include protecting sources of traditional medicines, such as, in the present case, specific trees possessing medicinal properties of importance to the treatment of the community from disease.