Summary
In 2021, the Constitutional Court of Ecuador rejected a public action of unconstitutionality filed against an Ordinance No. 5 issued by the Cantonal Council of the city of Riobamba, which states that “Art. 23. SECTORS P6-S4, P6-S5, P12-S2, P12-S3, P12-S5. P12-S6, which corresponds to the land reserve of the Chibunga Urban Park. Until this land reserve is enabled as a recreational facility, the implementation of uses related to agriculture, forestry and livestock activities is exclusively allowed. This rule will also apply to urban parks, Las Habras and Galapagos.” Among other complaints by the plaintiffs, Esperanza Martínez emphasizes that the Chibunga River has rights and must be recognized as a person and a victim. Although the court rejected the public action, it also urged the city of Riobamba to pay special attention within the framework of its legal and constitutional powers to the adoption of measures that may be necessary to safeguard the integrity of the ecological flows associated with the Chibunga River.