Indigenous community of A'i Cofán de Sinangoe vs. Ecuadorian State over mining concessions in the Amazon, without indigenous consultation.

In 2018, with the support and solidarity of other Indigenous nations and organizations aligned with the struggle, representatives of the A'i Cofán Sinangoe people filed a writ of amparo (a constitutional protection action) against five ministries and government agencies, seeking the suspension of several mining concessions granted in the riverine areas of the Aguarico, Chingual, and Cofanes rivers. That same year, a regional judge ruled in favor of the plaintiffs, accusing the Ecuadorian State of violating the community's right to prior, free, and informed consultation, and invoking their rights to territory, nature, and water. The judge suspended all mining operations in the territory.

Ecuadorian state authorities appealed the initial ruling. The appeal was rejected by the Court of Appeals, which upheld the decision to revoke the concessions granted due to violations of fundamental rights. The Court emphasized violations of the rights of nature, culture, and territory, as well as the rights to health, water, and a healthy environment.

The matter was appealed to the Constitutional Court, which used the case to establish binding precedent on the issue of Indigenous communities' right to free, prior, and informed consent. On February 4, 2022, the Constitutional Court issued a ruling declaring that an Indigenous community's right to free, prior, and informed consultation had been violated by oil projects and called for stronger protections to guarantee communities' right to decide on extractive projects in their territories.

As part of the ruling, the judges stated that communities must not only be consulted about extractive projects in or near their territory, but must also give their consent to such projects. The ruling immediately impacted oil and mining projects throughout the country, making the consent of potentially affected communities essential from now on.

Implementation

Following the rulings, the mining concessions granted in the Sinangoe territory were annulled, and ongoing procedures were suspended. The Ecuadorian State is obligated to conduct prior, free, and informed consultation processes before granting concessions that affect Indigenous territories. The community continues to monitor its territory through a forest guard and has demanded official title to its ancestral lands, mapping more than 5,000 sites of ecological and spiritual importance.

Although the ruling set an important precedent (known as the Sinangoe precedent), a lawsuit alleging non-compliance was filed in September 2022. The plaintiffs claimed that despite repeatedly requesting compliance with the ruling, the enforcement judge had failed to activate the available legal mechanisms to enforce it. In Judgment 215-22-IS/25 of January 16, 2025, the full Court issued a severe reprimand to the Ministry of Environment, Water, and Ecological Transition for non-compliance with the ruling, specifically for failing to implement the reparations measures.

In its ruling, the Constitutional Court stated that the State has the obligation to “apply precautionary and restrictive measures for activities that could lead to the extinction of species, the destruction of ecosystems, or the permanent alteration of natural cycles,” and that it “shall regulate the conservation, management, and sustainable use, recovery, and limitations on the ownership of fragile and threatened ecosystems.” Furthermore, in this case, given its proximity to the National Park, rivers, forests, and other elements of nature of paramount importance are at stake, not only for the community of Sinangoe but also for the survival of biodiversity in Ecuador and the world. These elements are closely interconnected, and their sustainability and well-being have repercussions for the constitutional rights of all people and of nature itself. Therefore, it is the State's duty, in the face of this type of non-renewable resource extraction activity, to systematically and comprehensively respect constitutional mandates, thereby always striving to guarantee these rights.

Therefore, any activity of this type must have measures and mechanisms that ensure the protection of nature, and these must be included in the plans or programs that are consulted with the indigenous communities, peoples and nationalities.

The plaintiffs argued that within the worldview of the A'i Cofán Ancestral Community of Sinangoe, they are aware of “the interdependence that connects all living beings on Earth, that is, recognizing ourselves as integral parts of the global ecosystem—the biosphere.” They recognize Pachamama as a living organism and that “human beings are intimately linked to all natural phenomena; a change in nature affects humans, and an irregular change generated by humans brings negative and irreversible consequences to their detriment.”

Protecting the Sinangoe territory contributes to the conservation of approximately 65,000 hectares of Amazon rainforest. The Amazon plays a crucial role in regulating the global climate, so protecting its forests indirectly contributes to mitigating climate change.

• A'i Cofán Community of Sinangoe
• Indigenous and environmental organizations
• Ombudsman's Office of Ecuador

• Ministry of Energy and Non-Renewable Natural Resources
• Mining Regulation and Control Agency (ARCOM)
• Ministry of Environment, Water and Ecological Transition (MAATE)
• National Water Secretariat

The ancestral community of Sinangoe, belonging to the A'I Cofán nation, is located at the headwaters of the Aguarico River in the Ecuadorian Amazon, in the province of Sucumbíos. This ancestral community is renowned for its struggle to defend its territory. Their territory encompasses areas of high biodiversity, including vital water sources such as the Aguarico, Chingual, and Cofán rivers. The community depends on these resources for its sustenance and maintains an ancestral relationship with the land. Their territory is composed almost entirely of virgin rainforest, and due to threats from extractive projects, they have designed and implemented territorial monitoring and defense techniques, including the creation of an Indigenous Guard and their own Law for the Control and Protection of Ancestral Territory. Through their Indigenous Guard, they protect more than 50,000 hectares of primary forest and sacred sites, setting legal precedents against mining.

International agreements/treaties

• Escazú Agreement

National laws

• Constitution of Ecuador (2008): Rights of nature and the right to prior, free and informed consultation.
• ILO Convention 169 concerning Indigenous and Tribal Peoples: Right to prior consultation and protection of ancestral territories.
• United Nations Declaration on the Rights of Indigenous Peoples: Right to self-determination and to free, prior and informed consent.

Beginning

• Principle of self-determination of peoples
• Principle of prevention