A Landmark Decision for Indigenous Rights: The Inter-American Court Protects Peoples Living in Voluntary Isolation in Ecuador

 

Alicia Cahuiya, Vice President of the Waorani Nationality of Ecuador (NAWE). Daniel Cima, Wikimedia

This post was co-authored by David Cordero-Heredia, Professor of Law at the Pontificia Universidad Católica del Ecuador, and Visiting Scholar for Cornell University’s Latin American and Caribbean Studies program, and Santiago Garcia Lloré, Acting Director Forest Partnerships, Environmental Defense Fund 

Indigenous Peoples living in voluntary isolation (IPLVI) are communities that have chosen to avoid contact with the outside world. They maintain their traditional ways of life deep within remote forests and inaccessible regions. Their territories are among the most pristine and ecologically significant areas on the planet; IPLVIs play a crucial role in global biodiversity conservation.

On March 13, 2025, the Inter-American Court of Human Rights (IACHR) delivered a landmark ruling in the case of Indigenous Peoples Tagaeri and Taromenane v. Ecuador. The Court declared Ecuador internationally responsible for violating multiple human rights of the Tagaeri and Taromenane, Indigenous Peoples Living in Voluntary Isolation (IPLVI) in the western Amazon after violent attacks in 2003, 2006, and 2013, leading to deaths of IPLVI members (IACHR, 2024).

The ruling found that Ecuador violated the rights to collective property, self-determination, dignified life, health, food, cultural identity, a healthy environment, housing, life, judicial guarantees, and judicial protection of the Tagaeri and Taromenane. Additionally, the Court held the state responsible for violating the personal integrity, freedom, dignity, family protection, childhood rights, identity, movement, residence, cultural identity, health, and judicial guarantees of two Indigenous girls who were forcibly separated after a 2013 attack.

Failure to Protect IPLVI and Enforce No-Contact

The ruling emphasized Ecuador’s failure to prevent illegal incursions and enforce the intangibility of the Tagaeri-Taromenane Intangible Zone (ZITT), created in 1999 to protect IPLVI from extractive activities. The Court criticized poor enforcement and lack of mechanisms to expand ZITT despite evidence of IPLVI mobility.

Oil extraction in Blocks 31, 43, and the Armadillo Field worsened risks, with Ecuador ignoring IPLVI presence in Armadillo. Despite a 2023 referendum banning oil extraction in Block 43, only four of 247 wells have been shut down, prolonging threats.

Image taken from Mazabanda, Carlos (2021). Isolated Indigenous Peoples Under Threat of Oil Expansion. New access road under construction intends to go deep into Yasuní National Park’s “No Go” Zone, Amazon Watch.In the map, the Intangible Zone is represented by the striped area, while Yasuní National Park appears in light green. The Waorani Ethnic Reserve is shown in pale pink, and the red polygon represents the Yasuní Biosphere Reserve. Additionally, the Zápara Indigenous Territory is displayed in olive green, and the Kichwa territories are shown in pale yellow. Source: Copyright 2023. Wildlife Conservation Society. All rights reserved.

Key Highlights of the Ruling on Tagaeri-Taromenane Indigenous Peoples

  • Global Legal Precedent: This is the first-ever ruling by the Inter-American Court of Human Rights (IACHR) on Indigenous Peoples Living in Voluntary Isolation (IPLVI) and the first decision by any high-level international court on this issue. It sets a fundamental legal precedent for their rights worldwide.
  • State Discrimination and Oil Agenda: The Court recognized that the deaths and extreme vulnerability of the Tagaeri-Taromenane result from discriminatory state policies that prioritized oil extraction while ignoring these Indigenous Peoples’ existence. By classifying the Amazon as “vacant land” for decades, Ecuador facilitated land seizures, displacement, and conflict.
  • Protection Through Intangible Zones: The ruling affirms that an intangible zone is an appropriate protective measure for IPLVI. This means an area completely off-limits to extractive activities, with a buffer zone where only low-impact activities may be allowed. However, high-impact industries like oil and logging must also be prohibited in buffer zones.
  • Oil Interests Over Indigenous Protection: The Court found that the current delimitation of the Intangible Zone prioritizes oil interests rather than Indigenous protection. As a remedy, the Court ordered the creation of a Technical Evaluation Commission to review and adjust the boundaries. This commission must include civil society, Waorani representatives, and petitioners led by CONAIE, ensuring that Indigenous Peoples lead their own protection efforts.
  • Special accommodations for the right to prior consultation: The Court affirmed that IPLVI are entitled to the Indigenous peoples’ right to prior consultation. However, respecting this right requires the state to recognize their decision to remain in isolation as an explicit rejection of any policy that could risk forced contact
  • Recognition of Indigenous Self-Determination: The ruling fully upholds the right of IPLVI to remain isolated, affirming that no economic interest can override their decision to maintain their ancestral way of life. It strengthens the principle that Indigenous Peoples have the right to self-governance and to influence public policies affecting them.

Legal team that led the defense of Indigenous Peoples in the Tagaeri-Taromenane case before the Inter-American Court of Human Rights. David Cordero-Heredia is standing at the far right.

Indigenous Peoples living in voluntary isolation (IPLVI) are small, self-sufficient groups that have chosen to avoid contact with the outside world, maintaining their traditional ways of life deep within remote forests and other inaccessible regions. They live in the Amazon Basin, particularly in Brazil and Peru (Walker & Hill, 2015), they also are registered in Ecuador, Colombia, Bolivia, and Venezuela, as well as in some parts of Paraguay. Estimates suggest there are over 100 uncontacted Indigenous groups, with the highest concentration in Brazil (Survival International, 2023). These communities play a crucial role in global biodiversity conservation, as their territories are among the most pristine and ecologically significant areas on the planet (Bodard, 2018). However, they face severe threats, including illegal logging, oil and gas extraction, deforestation, drug trafficking, and encroachment from infrastructure projects (Shepard et al., 2010). Additionally, any form of external contact poses a high risk of disease transmission, as they have little to no immunity to common illnesses (Rocha et al., 2021). While the Amazon Basin is home to the largest number of IPLVI, similar groups exist in other regions, such as the Sentinelese people in the Andaman Islands of India and isolated Indigenous groups in Papua New Guinea. Protecting their territories and respecting their right to remain isolated is essential to ensuring their survival and preserving their cultural heritage.

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