Following is a summary of the situation regarding the 2023 referendum to halt oil extraction in Ecuador's Yasuni National Park.

Legal and Grassroots Pressure to Uphold the Referendum

The grassroots collective Yasunidos has filed a lawsuit with Ecuador's Constitutional Court to enforce the 2023 referendum result, which called for a halt to oil extraction in the Ishpingo, Tambococha, and Tiputini (ITT) block. Despite the vote, production continues, with only a small fraction of the approximately 240 wells in the block having been shut down. The lawsuit demands the government suspend oil extraction, cancel related contracts and licenses, and create a credible plan for well closure. It also seeks the dismissal of government officials, including Energy Minister Ines Manzano and the general manager of Petroecuador, for ignoring the referendum.

Court Rulings and Government Inaction

Prior to the 2023 vote, Ecuador's Constitutional Court ruled that a successful referendum would require the government to immediately halt extraction and shut down all wells by August 31, 2024. In a separate ruling, the Inter-American Court of Human Rights found the continued operation of the oil block violated the rights of the Tagaeri and Taromenane peoples and ordered its closure by March 2026. However, government action has been minimal and inconsistent. Reports on the number of wells closed vary, with the government claiming five closures in 2024, while media reports indicate ten were closed last year with a plan to close another 48 in 2025. Despite these claims, state data shows the overwhelming majority of wells are still operational, extracting roughly 44,000 barrels of oil per day in the first half of 2025.

Human Rights and Indigenous Communities

The Yasuni National Park is home to Indigenous peoples, including the Waorani, Kichwa, Tagaeri, and Taromenane, with the latter two living in voluntary isolation. Juan Bay, president of the Waorani Nationality of Ecuador, emphasized at the COP30 climate conference that the Ecuadorian people democratically decided to keep the oil underground, yet the government has failed to comply for two years. Human Rights Watch asserts that Ecuador has a clear obligation to phase out fossil fuels in a manner that respects the popular will, court orders, and the human rights of affected communities, and that compliance with the referendum is long overdue.

Political Context and Social Unrest

The legal petition occurs amidst significant political and social upheaval in Ecuador. Between September and October, the country's largest Indigenous organization led protests after President Daniel Noboa eliminated diesel fuel subsidies. Human Rights Watch verified governmental repression during these protests, which resulted in at least two deaths, nearly 500 injuries, and 206 detentions. The Noboa administration has also challenged the Constitutional Court, labeling it "the enemy of the people." In a major political defeat for the president, Ecuadorian voters overwhelmingly rejected his key proposals in a November 16 referendum, which included plans to rewrite the constitution and streamline the legislature.