Ecuador court case: palm cultivation in La Chiquita Wildlife Refuge

Summary

In 23 July 2010, the Afro-descendant community of La Chiquita and the Awá community of Guadualito filed an action in the Provincial Court of Justice of Esmeraldas against the Los Andes and Palesema Oil Palm Companies, for damages to their health, the environment, and nature, due to the cultivation of African palm in the Canton of San Lorenzo.

The case was filed two years after Ecuador recognized the Rights of Nature in its 2008 constitution. The plaintiffs presented themselves as representatives of nature and argued the violation of the Rights of Nature recognized in articles 71 and 73 of the Constitution, as well as their rights to Sumak Kawsay / Buen Vivir and to pluricultural self-determination over territory. They argued the companies were responsible for deforestation clear-cutting carried out for palm cultivation, water contamination, and the subsequent health and food impact on the two communities and biodiversity loss in the La Chiquita Wildlife Refuge.

The action was accepted by the provincial court, and after six and a half years of proceedings, eventually issued a ruling ordering compensation and a series of repairs. A horizontal appeal for extension was filed, which was accepted and processed, but subsequently annulled because it was not filed in time. The court continues to request the execution of its orders.

Impact Statement

The La Chiquita case is the first time that Ecuador’s constitutional provision enshrining the Rights of Nature was applied following it’s adoption in 2008. It took another seven years before the court case to a decision, but is a landmark due to being both the first application of the rights of nature, and the plaintiffs being both human and non-human beings.