Summary
A protective action was presented in 2019 to stop the initial exploration phase of the Río Magdalena mining project, located within the Protected Forest “Los Cedros.” The plaintiffs claimed that the Ministry of the Environment violated the rights of nature, among other rights, by allowing mining in the protected forest, which was a habitat for several endangered species, including the spider monkey. After moving through the lower courts, the Constitutional Court selected this case to make binding jurisprudence on how the constitutional rights of nature provisions apply to endangered species and ecosystems. It specifically took up the question of whether or not the protection of endangered species and habitats warrants restricting mining regardless of an area’s protected status. In 2021, Ecuador’s Constitutional Court ruled that mining in the Los Cedros Protected Forest is a violation of the constitutional rights of nature and is therefore prohibited in the forest. The Court also declared that the application of the constitutional rights of nature is not limited to protected areas, such as Los Cedros. Rather, as with any constitutional right, it applies to the entire territory of the country. The Court ruled that the constitutional rights of nature were violated by the issuance of mining permits that would harm the biodiversity of the forest, including species at high risk of extinction and fragile ecosystems (par. 131). The Court ruled that the government of Ecuador is obligated to apply Article 73 of the Ecuador Constitution, which requires precautionary and restrictive measures be taken to prevent the extinction of species. To enforce the ruling, the Court ruled that the governmental authorizations granted to mining corporations to operate in Los Cedros are revoked.