Ecuador court case: mining in Piñas Canton

Summary

In 2015, representatives of local communities within the Piñas Canton and representatives of environmental groups filed a protective action against the Decentralized Autonomous Municipal Government De Piñas for mining activities on and around the hill “La Chuya.” The plaintiffs argue that La Chuya is an important collection of ecosystems and allows access to water for local communities. They argue that mining activities violate rights of nature, the rights of communities, the rights of future generations, the Good Living rights category—which includes rights such as the right to live in a healthy and ecologically balanced environment, and the protection rights category—which includes the right to environmental consultation and due process. The court declared the rights of nature were violated along with the rights of the communities “La Mesa” and “El Pórtete.” The court also ordered the execution of the Plan of repair of environmental and social liabilities, which will design repair reparations for La Chuya. The plaintiffs appealed in June in order to request clarification and expansion on some of the judge’s points and ask for the symbolic recognition of La Chuya as a subject with rights. The court accepted the recognition.