Summary
Representatives of the A’L Cofán Sinangoe people presented a protective action to suspend several mining concessions granted in the riverside areas of the Aguarico, Chingual, and Cofanes. The action was accepted by a constitutional judge, who declared the mining activities threatened their collective right to prior consultation. They also refer to the right to territory, nature, and water. The judge also referenced the need to protect Cayambe-Coca National Park. The first-level sentence was appealed by state entities, but the appeal was rejected by the Appeals Chamber. It also declared that the rights of the A’L Cofán Sinangoe people to water, a healthy environment, culture, and territory were violated as well as rights of nature. The case was appealed to the Constitutional Court, which used the case to establish binding jurisprudence on the question of indigenous communities’ right to prior informed consent. The Court issued its ruling in 2022 and ruled that an Indigenous community’s right to free, prior and informed consultation was violated by oil projects and called for stronger protections to guarantee Indigenous communities’ rights to decide over extractive projects in their territories. As part of the ruling, the judges said indigenous communities must not only be consulted about extractive projects on or near their territory, but they must also give their consent to such projects. The ruling will immediately affect oil and mining projects across the country, as they must now seek the consent of indigenous communities who might be affected by their activities.