Ecuador court case: mining in the Los Cedros Protected Forest

Summary

In 2019, a protective action was filed against the Ecuadorian Ministry of the Environment and the state mining company ENAMI EP, seeking to halt the initial exploration phase of the Río Magdalena mining project within the Los Cedros Protected Forest. The plaintiffs argued that state agencies had violated the constitutional rights of nature, as well as the rights to water, a healthy environment, and prior consultation, by authorizing mining in a fragile ecosystem home to numerous endangered and endemic species, including the brown-headed spider monkey (Ateles fusciceps fusciceps), the spectacled bear (Tremarctos ornatus), and rare orchid species.

Background:
The Los Cedros Protected Forest covers over 6,000 hectares of cloud forest and is part of the Chocó biogeographic corridor, one of the world’s most biodiverse regions. Despite this, the Ministry of the Environment granted ENAMI EP and its Canadian partner Cornerstone Capital Resources permits for mineral exploration in 2017. Civil society organizations, local communities, and scientists opposed the decision, warning that the project would cause deforestation, contamination of freshwater sources, and fragmentation of critical habitats.

Jurisprudential Framing:
After progressing through lower courts, the Constitutional Court of Ecuador selected the Los Cedros case to establish binding jurisprudence on the application of the rights of nature provisions enshrined in the 2008 Constitution (Articles 71–74). Drawing on Article 73, which obligates the State to apply precautionary and restrictive measures to prevent species extinction, the Court specifically examined whether the protection of endangered species and ecosystems warranted restricting extractive activities, such as mining, regardless of whether an area holds formal protected status.

Ruling and Legal Reasoning:
On December 1, 2021, the Constitutional Court ruled that the issuance of mining permits within Los Cedros violated the rights of nature and the precautionary principle. The Court emphasized that nature’s rights must prevail when evidence shows that an activity would cause severe or irreversible harm to ecosystems or species. The Court found that nature’s rights are self-executing constitutional guarantees applicable throughout Ecuador’s entire territory, not only in formally protected areas. It ordered the revocation of all environmental and mining authorizations affecting Los Cedros and reaffirmed that public and private actors share responsibility for safeguarding ecosystems and biodiversity.

The Court reasoned that the burden of proof in such cases lies with the state and developers to demonstrate that their activities will not cause harm. This interpretation is a crucial development in Ecuadorian environmental jurisprudence. It also underscored that environmental licensing and consultation processes cannot override constitutional rights of nature when evidence points to ecological risk.

Impact Statement

The Los Cedros ruling stands as one of the most consequential applications of the rights of nature in Ecuador since its 2008 constitutional reform. It solidified the legal doctrine that nature’s rights are universal, enforceable, and territorially unbounded, shaping a robust precedent for rights of nature implementation across the country. The case has influenced national and international discourse on precautionary environmental governance, biodiversity conservation, and the judicial enforcement of nonhuman rights, inspiring similar claims in Colombia, Panama, and the European Union. By positioning endangered species as constitutional rights-holders, the Los Cedros decision transformed abstract ecological principles into actionable state duties and redefined extractive limits in Ecuador’s legal landscape.

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