"A recent court ruling from the Inter-American Court of Human Rights marks the first time an international judicial body has decided that indigenous peoples living in “voluntary isolation” have a right to do so, and that governments must act to ensure that right.
The ruling comes off the back of 20 years of activism challenging the Ecuadorian government’s encroachment on indigenous lands for oil drilling, and this, as well as other extractive activities like logging, were ruled to be intolerably disruptive to three groups living in voluntary isolation in the Ecuadorian Amazon.
International treaties protecting the rights of indigenous peoples have long been ratified at both the UN and the Organization of American States (OAS), but a case specifically determining whether a group living in voluntary isolation, which used to be called “uncontacted,” were guaranteed protection to allow them to continue doing so has never been ruled on.
While the United Nations Human Rights Council in 2009 and the Inter-American Commission on Human Rights in 2013 introduced guidelines and recommendations that included a right to choose self-isolation, neither were put into writing under international law, nor included in any treaty amendments.
As such, the Costa Rica-based court’s decision that nation-states, in this case Ecuador, must follow a “precautionary principle” when making decisions about future oil operations that may impede a group’s ability to live in self-isolation.
“This principle means that, even in the absence of scientific certainty regarding oil exploration and exploitation projects’ impacts on this territory, effective measures must be adopted to prevent serious or irreversible damage, which in this case would be the contact of these isolated populations,” said the court opinion, written in Spanish, and translated by Inside Climate News.
The three groups in question are the Tagaeri, Taromenane, and Dugakaeri, who are part of the overall Waorani peoples since they share cultural traditions and language.
Testimony was heard from a community leader of the Waorani, Penti Baihua, and two young women who at the ages of 2 and 6 were survivors of violent encroachment by oil workers who killed members of the girls’ group, forcibly introduced them to modernity, and displaced them to different parts of the Amazon.
In the current case, the court ruled that a protected area the size of Delaware that was established in the early 2000s to guarantee indigenous Waorani (and others) rights was created in such a way as to leave oil exploration areas outside protection, despite being the ancestral home of Baihua and his people.
A 6-mile deep buffer zone surrounding the heart of the Tagaeri, Taromenane, and Dugakaeri’s territory called the “Intangible Zone,” has been repeatedly penetrated by extractive industries, which have built roads and other “colonial” infrastructure.
The court used the term “living in voluntary isolation” to reflect that fact that there are no unconctacted tribes on Earth, but perhaps as many as 200 who have seen evidence of modernity, and received minimal contact—perhaps from a related tribe that doesn’t live in isolation—and chose to remain without any interaction with the modern world either out of fear or self-interest."
