Indigenous organizations vs. the Government of Ecuador over the expansion of the mega-mining frontier

In 2021, a group of indigenous organizations promoted an action of unconstitutionality seeking to expel from the Ecuadorian legal system Decree No. 151, known as the megamining decree, which proposes a more lax policy of permissiveness for the environmental and water authorization of medium and large scale mining projects in Andean and Amazonian territories within Ecuadorian territory, combined with the concept of “strategic project” related to the sovereignty over natural resources of the Ecuadorian government.

The Decree poses a serious threat to the rights of nature, environmental rights, and collective rights in Ecuador, as it lacks legal guarantees to ensure compliance with constitutional standards regarding environmental principles and participatory rights, such as prior, free, and informed consultation. In particular, it represents a step backward from the outcomes of public consultations against mining projects.

The challenged decree implements an “Action Plan for the Mining Sector of Ecuador” and establishes as national public policy the permitting of mining activities, which, according to the decree, have significant impacts on the Ecuadorian Amazon. Among the impacts cited are those related to deforestation, which is a major source of greenhouse gas emissions.

By implementing the mining decree, the Ecuadorian State would be failing to meet its commitments to conserve key ecosystems and reduce emissions, commitments acquired internationally and self-imposed at the constitutional level.

• Confederation of Indigenous Nationalities of Ecuador (CONAIE)
• Confederation of Indigenous Nationalities of the Ecuadorian Amazon (CONFENIAE)
• National Anti-Mining Front.

• Presidency of the Republic of Ecuador

The Decree will affect 48% of the national territory with planned mining concessions, given the potential opening of the mining mandate. At least 13 of Ecuador's 17 indigenous nationalities could see their territories affected as a result of the Decree's implementation.

Beginning

• No regression

International:

• ILO Convention 169
• American Convention on Human Rights.

National:

• Constitution of the Republic of Ecuador