ABSTRACT

This chapter argues that Ecuador has implemented legislation that requires Free, Prior and Informed Consent (FPIC), but in practice continues to support extractivist development strategies, without observing the regulations and the real will of Indigenous Peoples. It analyses the degree of success that prior consultation and FPIC have had in the oil extraction project carried out in the ITT oil block in the Yasuni, after the Yasuni-ITT Initiative was abandoned in 2013. The struggle for participation in the decision-making process on this project reflects the important challenges in the construction of national and socio-environmental policies, and that is why it is a fundamental case to study regarding Indigenous Peoples’ right to consultation and their FPIC. The legal framework on Indigenous Peoples’ right to consultation and their FPIC in Ecuador has been clearly established within national and international legal instruments. It is clear that the implementation of the right to consultation and FPIC of Indigenous Peoples failed in the Yasuni-ITT case.