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Ecuador court case: prior consultation in hydrocarbon areas

Ecuador
Approved in 2019
Indigenous Territory, National
Court Case
Indigenous Model
Nature
All Nature
Confederation of Indigenous Nationalities of Ecuador
Civil Society, Indigenous

Summary

In 2013, the Confederation of Indigenous Nationalities of Ecuador filed a lawsuit claiming the National Assembly was not complying with a sentence from the constitutional court concerning the illegality of a mining law and ways in which pre-legislative consultation and prior consultation should be carried out for decisions that affect the rights of indigenous peoples and nationalities. The court declared non-compliance in relation to the regulation of of right to pre-legislative consultation and partial non-compliance in relation to the regulation of rights to prior consultation.

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/case-regarding-prior-consultation-in-bidding-processes-for-hydrocarbon-areas/.

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Legal Document

Claim for case regarding prior consultation in bidding processes for hydrocarbon areas
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Constitutional Court Judgment in case regarding prior consultation in bidding processes for hydrocarbon areas
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Additional Resources

Summary of case
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