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Baihua Caiga et. al., v. PetroOriental S.A. - ruling

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Baihua Caiga et. al., v. PetroOriental S.A. - petition

Filing Year For Action

On December 10, 2020, Juana Mintare Baihua Caiga, Pego Enomenga Enomenga, and Juan Pablo Enomenga, as members of the Waorani Nation located in the Miwaguno community, alongside the NGOs Acción Ecológica, Unión de Afectados y Afectadas por las Operaciones de Texaco (UDAPT), and the International Federation of Human Rights (FIDH), filed a constitutional injunction called ‘acción de protección’ against the Chinese oil company PetroOriental S.A. The constitutional lawsuit was filed before a Judicial Unit in the canton of Francisco de Orellana, in the Amazon region.

The plaintiffs argued that the gas flaring emanating from an oil concession operated by PetroOriental S.A. is an act that causes constitutional rights violations, specifically because it emits greenhouse gases (GHG) that contribute to climate change. Applicants claimed that climate change produces irregular and unpredictable floods, disturbance in the natural cycles of plants, loss of ancestral knowledge, droughts and other climatic phenomena, all of which have human rights implications. Based on provisions from the Ecuadorian Constitution, national environmental law, the United Nations Declaration on the Rights of Indigenous Peoples, and case law from the Inter-American Court of Human Rights, applicants stressed that the defendant had violated several human rights. These included (i) the rights of nature as GHG emissions altered the carbon cycle, (ii) the right to enjoy a healthy and ecologically balanced environment as climate change breaks down the ecological balance, (iii) the right to food because applicants have seen their food security and food sovereignty diminished, (iv) the right to water because droughts and floods are becoming more extreme and unpredictable, limiting access, quality, quantity and availability of water, (v) the right to health because the scarcity of food and traditional medicines affects the applicants’ wellbeing, (vi) the right to land and territory because the applicants’ ability to enjoy natural resources through ancestral practices has been limited, (vii) and the right to life and a dignified life because the applicants’ existence is threatened, and the minimum conditions to continue with their life projects are not met.
The plaintiffs requested that the court (i) declares that the constitutional rights mentioned were infringed, (ii) orders the prohibition of gas flaring where the defendant operates; and (iii) orders the defendant reparations by financing projects designed by the community to adapt to climate impacts in their territory.

On July 15, 2021, judge Cuacal Galarraga did not admit the constitutional action since the plaintiffs had not sufficiently demonstrated how the actions of the defendant violate the rights of nature or any constitutional right deriving therefrom.

Baihua Caiga et. al., v. PetroOriental S.A.

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

This sector provides medical services, manufactures medical equipment, and develops pharmaceuticals to maintain and improve health.

Actions to adapt human health, healthcare systems and well-being to climate change.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Actions and measures to adapt and increase resilience of societies and the economy to climate change.

Actions or measures to adapt freshwater systems to climate change.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Actions to adapt and increase the resilience of rural and urban infrastructure and settlements to climate change.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

People who have left their homes, whether through force, voluntarily, or a mixture of both

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Production of electricity and heat from solar irradiation.

This sector involves the distribution, treatment, and conservation of water resources.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

woman and genders outside of the gender binary

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

This sector involves activities to move goods and people, alongside the storage of products.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Baihua Caiga et. al., v. PetroOriental S.A. - ruling

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance