Impacto de la explotación petrolera en el Yasuní y los derechos constitucionales de pueblos, nacionalidades y comunidades indígenas

Abstract

This research analyzes the impact of oil exploitation in Yasuní National Park on the constitutional rights of Indigenous peoples, nationalities, and communities. The central problem lies in the existing interconnection between economic development based on oil extraction and the protection of collective rights and the rights of nature. The essential objective is to evaluate how extractive activities affect the rights of Indigenous communities, delineating their different participation mechanisms and the challenges facing their protection. The methodology employed was a qualitative approach based on a literature review, interview guides, and case-by-case analysis. This revealed the nation's economic dependence on oil and the recurring violations of collective rights. The results reveal consequences such as water pollution, deforestation, biodiversity loss, health impacts, and displacement, as well as the ineffectiveness of mechanisms such as free, prior, and informed consent (FPAP), and the failure to fulfill the popular will expressed in national consultations. It is concluded that the protection of Indigenous rights and nature requires structural reform in governance and a transition to a sustainable development model in which the voice of communities is central and binding in decisions affecting their territory and future. Important recommendations include strengthening binding prior consultation, implementing alternative development models such as ecotourism and sustainable agriculture, and, most importantly, ensuring comprehensive reparations for affected communities.