Summary
In 2010, Leonardo López Monsalve and Carlos Pérez Guartambel, in their capacities as president of the Federation of Peasant and Indigenous Organizations of Azuay FOA and coordinator of the Community Water Systems of Azuay UNAGUA presented a breach of Articles 1, 3, 4 and 12 of Constituent Mandate No. 6 (which outlines various rules about mining activity) and resulted in violations of the rights of Nature. The action for non-compliance was filed against Wilson Pastor in his capacity as Minister of Non-Renewable Natural Resources. The plaintiffs argued that the Ministry of Non-Renewable Natural Resources had to strictly comply with the Mining Mandate and make any mining concession that is within a protective zone or forest. The court denied the action because the action for non-compliance did not have an enforceable obligation.
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2025. Distributed by the Eco Jurisprudence Monitor.https://ecojurisprudence.org/initiatives/breach-of-constituent-mandate-no-6/.
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