Ecuador Constitutional Court Case: rights of Lake San Pablo

Summary

On July 8, 2025, the constitutional court in Ecuador issued ruling recognizing Lake San Pablo as a subject of rights, a decision made in response to a protection action filed by citizen groups, including Unidos por la Pachamama, citing decades of pollution due to years of omission and negligence in the management of this body of water. The judge found both the Otavalo Public Water Company (EMAPAO) and the Municipality of Otavalo responsible for violating the rights of nature enshrined in Ecuador’s Constitution. The case brought forth evidence that showed that 14 wastewater treatment plants were non-operational, and led to the daily dumping of approximately 68,000 liters of untreated sewage into the lake. Community testimony was also included in the legal proceedings and brought forth multiple concerns about the growing pollution of Lake San Pablo. The Ministry of Environment rated the pollution level 7 out of 10, a numerical score corresponding to “alarming,” and warned the lake could disappear in less than two years without immediate intervention.

The court ordered the immediate development of an environmental remediation plan, to be administered in collaboration with other state institutions. EMAPAO and the Municipality of Otavalo were ordered to implement urgent pollution control measures, restore the degraded areas, and establish a sustainable water treatment infrastructure. Details of the ruling have not yet been published, however, the document is expected to include specifics on the technical and administrative sanctions of those responsible.

Involved Organizations