Responsabilidad de las multinacionales petroleras y los derechos colectivos de pueblos y nacionalidades indígenas

Abstract

The general objective of the study is to investigate the contractual responsibility of multinational oil companies and the violation of the collective rights of indigenous people and nationalities during the last five years. The methodology selected was the mixed approach, the type of research is exploratory, the explanatory level, applying the inductive and deductive methods. The techniques applied are the survey directed to 382 inhabitants of the provinces of Napo and Sucumbíos; and the interview applied to legal professionals, leaders of social, ecological and indigenous collectives also representatives of international NGOs. In spite of the fact that the constitution guarantees the collective rights for indigenous people and nationalities; the results of the investigation show the violation of these rights by oil multinationals, whose contamination effects on the original territories of Ecuador and South American countries are irreversible. It is important to point out that the United Nations Declaration on the Rights of Indigenous People, OIT Convention 169 on Indigenous and Tribal People and the Constitution of the Republic of Ecuador address collective rights and guarantee their fulfillment. Finally, the State's obligation to adopt measures that guarantee the rights of indigenous people and nationalities arises through the implementation of international environmental regulations that support the rights of nature and the environmental responsibility of multinational oil companies with respect to human rights.