RIGHT TO EXISTENCE: THE POLITICAL AND INTERNATIONAL PROTAGONISM OF THE PEOPLE ORIGINATING FROM KICHWA OF SARAYAKU FOR THE RECOGNITION OF SELF-DETERMINATION AND PERSONALITY RIGHTS OF ITS MEMBERS

Abstract

This text aims to analyze the political and legal protagonism of the Original People Kichwa of Sarayaku, considered an emblematic case of a community against policies that benefit extractive enterprises and the impacts of activity on the lands and resources of indigenous communities. It seeks to analyze the trajectory of resistance to the inertia and connivance of the State of Ecuador, which culminated in a demand within the framework of the Inter-American Human Rights System. As problematic, it is questioned what mechanism used by the Original Kichwa People of Sarayaku to realize the right to self-determination, as well as ensure the protection of the rights of personality, as cultural and spiritual identity of its members. Using the inductive reasoning, guided by descriptive and exploratory way, by documentary, doctrinal and jurisprudential means, it is concluded that, in view of the non-compliance with the legal decision of the Inter-American Court of Human Rights by the State of Ecuador, the Kichwa people of Sarayaku, through a political declaration, constituted autonomously and declared de facto, announced their legitimate autonomy. This political declaration made it possible to exercise their right to self-determination, based on the Ecuadorian Constitution and international instruments, as well as guaranteeing protection of the right to cultural and spiritual identity of the people and their members.