The Sarayaku Case as a Paradigm of State International Responsibility: Tensions Between Sovereignty, Indigenous Rights, and Compliance

Abstract

This research examines the problem of violations of the collective rights of indigenous peoples in the context of extractive activities, taking as its central axis the case of the Kichwa People of Sarayaku in Ecuador, which revealed structural tensions between state-led development and the protection of ancestral territories. The objective was to analyze the legal standards developed around the right to prior consultation and its relationship with territorial protection, cultural identity, and judicial safeguards. Methodologically, a qualitative approach was adopted, based on a legal‑documentary study with a non‑experimental design and the analysis of normative, jurisprudential, and doctrinal sources from the Inter‑American Human Rights System. The study found that state action was characterized by significant omissions, particularly the absence of prior consultation, the improper delegation of obligations, and both material and spiritual harm to indigenous territory, including substantial environmental and cultural impacts. The discussion showed that these practices do not constitute isolated incidents, but rather reflect structural patterns of state intrusion that undermine the effective exercise of collective rights. The study concludes that the case of the Kichwa People of Sarayaku consolidated binding standards on prior consultation, establishing parameters regarding its prior, informed, and good‑faith nature, while also reinforcing the collective character of territorial rights. This precedent contributes to the reconfiguration of domestic law and strengthens protection mechanisms against state interventions that may be arbitrary or disproportionate.