Azuay Ecuador
On May 17, 2018, community members from the Molleturo parish in the province of Azuay filed a protective action for the violation of their constitutional rights, including the right to due process and to prior, free, and informed consultation. They were supported by the Federation of Indigenous and Peasant Organizations of Azuay (FOA), the Union of Defenders of Water and Nature (UNAGUA), and the Church of Cuenca. This action was related to mining activities undertaken by the Chinese multinational Junefield, which began operations between 2015 and 2016 in the Molleturo-Mollepungo protected forest without complying with the required legal procedures.
The community members reported serious environmental damage, including water and air pollution, and alterations to the páramo ecosystem, with negative implications for their economy based on agriculture and livestock farming. These activities also impacted Cajas National Park, a key water reserve for the region.
In 2018, the Provincial Court ruled in favor of the community members, declaring that their rights had been violated. However, subsequent illegal mining activities, violent clashes, and a lack of effective action by regulatory authorities have been reported. In 2020, the Ministry of Energy and Non-Renewable Resources and the Ecuadorian Mining Chamber appeared before the Constitutional Court to defend the mining project, although no new definitive rulings have been issued.
Implementation
The case is before the Constitutional Court due to an extraordinary protection action filed by the State and the multinational Junefield.
There is no effective implementation of the 2018 ruling. Illegal activities persist, and communities continue to demand action from the State to guarantee compliance with recognized rights.
The Río Blanco area possesses sensitive ecosystems, such as páramos and wetlands, which play a crucial role in climate regulation and the provision of freshwater. It is also home to 71 endemic species, 16 of which are unique to the area, and is located within the Cajas Massif Biosphere Reserve, recognized by UNESCO.
The case underscores the importance of guaranteeing the constitutional rights to Good Living and the Rights of Nature, enshrined in the 2008 Constitution, as well as respect for the rights of indigenous communities to conserve their territory and culture in the face of extractive activities.
- Community members of Río Blanco
- Federation of Indigenous and Peasant Organizations of Azuay (FOA)
- The Union of Defenders of Water and Nature (UNAGUA)
- The church of Cuenca
- Ministry of Mining and Environment of Ecuador
- Chinese multinational company Junefield.
The mining project is located in the community of Río Blanco, Molleturo parish, within the Molleturo-Mollepungo Protected Forest and near Cajas National Park. This area is part of a UNESCO-recognized Biosphere Reserve, essential for conservation, sustainable development, and scientific research. Furthermore, it is ancestral territory inhabited by Indigenous communities, whose practices have contributed to preserving biodiversity and natural resources.
- Constitution of Ecuador 2008
- Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries – International Labour Organization
- Organic Law of Jurisdictional Guarantees and Constitutional Control
- United Nations Declaration on the Rights of Indigenous Peoples of 2007