Ecuador court case: rights of the Machángara River

Summary

On July 5 2024, the court of Pichincha in the Metropolitan District of Quito ruled that the Machángara River, which runs through the capital city, is a subject of rights. The case was filed as a protection action by Darío Javier Iza Pilaquinga (president of the governing council of the Kitu Kara Indigenous people), María Elena Rodríguez Yánez (coordinator of Cabildo Cívico de Quito, a grassroots citizen organization in Ecuador’s capital), and María Victoria Jaramillo Yánez, by her own rights, representing the Machángara River, in an effort to address the serious pollution of the river.

Context and Jurisprudential Framing
The Machángara river is part of the tradition of sacred sites and water sources of the Kitu Kara people. The river flows from the Andes Mountains through Quito, where it suffers from heavy pollution of effluents, contaminants, and improperly treated wastewater. The Municipality of Quito has admitted that it only treats about 2% of the water that enters the river. The 22km river has an oxygen level of approximately 2%, making it a ‘dead’ river that is unable to adequately support aquatic life.

The fundamental rights that have been affected by this situation include the rights of nature, the right to water, a healthy environment, sanitation and health, as well as the right to the city. Since the river is alive, it is subject to rights under the Constitution of Ecuador, which establishes that nature possesses a right to protection, promotion, and restoration. In 2022, the Constitutional Court of Ecuador previously recognized that rivers are protected under Chapter 7 of the Constitution.

Legal Ruling
The judge determined that the Municipality of Quito had breeched the rights of the Machángara River by failing to treat 98% of wastewater that runs into the river from the municipality. Following the precedents established by the Monjas River case ruling in the north of the city, the judge ordered the implementation of a decontamination plan, which must include specific measures to reduce the levels of pollution and the establishment of water treatment plants. The Municipality of Quito will have to manage the available resources and request financial support from the central government to expand these projects. This ruling must be complied with immediately and the municipality must start implementing the necessary measures for the decontamination of the Machángara River without delay.

The municipality filed an appeal against this decision and the litigation will continue in the Provincial Court of Justice.

Involved Organizations

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