In a groundbreaking decision, the Ecuadorian appeals court has ruled in favor of the Siekopai Nation, asserting their rights to their ancestral homeland, Pë’këya, located at the junction of the Ecuadorian and Peruvian Amazon. This ruling, delivered by a three-judge panel from the Provincial Court of Sucumbios on November 24th, marks a historic moment as it’s the first instance of the Ecuadorian government recognizing the land rights of an Indigenous community within a protected area. This decision not only impacts the Siekopai but also sets a vital precedent for Indigenous communities across Latin America and the world in their efforts to reclaim ancestral lands.

Pë’këya, a beautiful expanse of blackwater lagoons and flooded forests, is the ancestral land and spiritual nexus of the Siekopai Nation. This region is among the most biodiverse on Earth, harboring at least 200 reptile and amphibian species, around 600 bird species, and 167 types of mammals. It’s home to several endangered species, including the Amazon river dolphin, the giant otter, the manatee, and the arapaima, one of the largest freshwater fishes globally. The area also shelters numerous plant and animal species integral to the Siekopai’s daily life, such as the guazay mangrove, used in fishing, and the gosa (ungurahua palm), whose fruits are vital for infant nutrition.

The Siekopai, numbering approximately 800 in Ecuador and 1,200 in Peru, stand on the verge of cultural and physical extinction. They are engaged in legal battles to recover over half a million acres of land usurped from their ancestors. The court’s recognition of the Siekopai’s claim to Pë’këya is a crucial milestone in their binational campaign to reunite their ancestral territories. This victory comes after centuries of suffering under colonialism, racism, and exploitation by various entities, including colonizing missions, rubber corporations, and governments. The court’s acknowledgment of Siekopai ownership over Pë’këya is a critical step towards restoring justice and ensuring their collective survival and cultural continuity.

The court’s verdict stipulates that within 45 days, Ecuador’s Ministry of Environment (MAATE) must issue a property title for over 104,000 acres of Amazonian land to the Siekopai, along with public apologies for the violation of their collective territorial rights, as recognized by international law and Ecuador’s Constitution. The Siekopai’s displacement from Pë’këya dates back to the Peru-Ecuador war in the 1940s. Their return was further impeded when the Ecuadorian State claimed ownership of Pë’këya in 1979, incorporating it into the Cuyabeno Wildlife Reserve, a protected area in the northeast of the Ecuadorian Amazon, without the Siekopai’s consent.

The Siekopai’s lawsuit against the Ecuadorian government, filed in September 2022, was underpinned by a robust array of evidence and juridical arguments. This included compelling oral testimonies from elders and youth about their connection to the land, 21 amicus curiae briefs from diverse experts such as former judges of Ecuador’s Constitutional Court, anthropologists, ethnobotanists, and historians. The regional office of the United Nations High Commissioner for Human Rights and other Indigenous communities, like the A’i Cofán of Sinangoe and the Waorani of Pastaza, who have won significant legal victories against the Ecuadorian government, also supported the case. Additionally, paintings by Siekopai artist Jose Cesar Piaguaje depicting the nation’s spiritual origins in Pë’këya, 18th-century Jesuit missionary manuscripts, old Spanish colonial maps from the Royal Court of Quito dating back to 1779, and territorial maps created by the Siekopai Nation over four years, identifying historic and sacred sites, were crucial to the lawsuit.

This legal triumph, arriving just before the COP28 climate talks in Dubai and following the recent entry into office of President-elect Daniel Noboa, sends a resounding message about the importance of respecting Indigenous land rights and integrating them into global climate solutions. It signifies a turning point in the struggle against traditional conservation approaches like national parks and protected areas established without Indigenous consent. Time and again, Indigenous peoples have been proven to be the most effective guardians of their lands, which harbor 80% of the world’s biodiversity and represent a cost-effective, high-impact strategy in the fight against climate change.

The Siekopai people’s precedent paves the way for other Indigenous communities to secure legal titles and regain control over their ancestral lands, particularly those within protected areas. In Ecuador alone, over 3 million acres of Indigenous territory currently entangled in the national park system are still awaiting formal recognition and title, underscoring the significance and potential impact of this ruling. This decision marks a critical step towards rectifying historical injustices and recognizing the role of Indigenous stewardship in environmental conservation and the global fight against climate change.