El Guabo (Ecuador) court case: mangrove cutting in the Bajo Alto estuary

Summary

In 2020, a protective action was brought in the Canton of El Guabo against Mr. Carlos Dávila Granda for violation of the rights of nature contained in articles 71, 72 and 73 of the Constitution of the Republic due to having carried out years of indiscriminate felling of a mangrove area adjacent to the property of which the plaintiff is co-owner, for the establishment of a shrimp farm.

The action was accepted and the municipal court established that Nature has the right to restoration in accordance with the provisions of Art. 72 of the Constitution of Ecuador. The Judge determined that the defendant Mr. Carlos Dávila Granda failed to comply with environmental regulations, including his conduct of the construction of shrimp ponds without the corresponding permits and the indiscriminate felling of mangroves. The judge also found that the documentation provided by the State demonstrated a violation of the rights to nature, and therefore nature has the right to restoration.

The judge ordered:
1. The immediate restoration of the mangrove located at the Bajo Alto Site belonging to the Tendales Parish;
2. The destruction of the retaining walls of the shrimp farm belonging to Mr. Carlos Antonio Dávila Granda (which is currently leased to Mr. Loor Farias Leonardo Antonio), indicating that this measure is being taken because it does not allow the circulation of seawater to the mangrove, causing its destruction;
3. The removal of all machinery and pumps that environmentally affect the Bajo Alto estuary, so that the constitutional right that belongs to nature can be restored;

Impact Statement

Although several complaints have been filed with the Ministry of the Environment, to date, no restoration of the ecosystem has been carried out, nor has further damage been stopped.

Involved Organizations