Summary
Several cantons in the province of Azuay in Ecuador proposed a popular consultation for the prohibition of mining activities in the protective forests that surround El Cajas National Park. The consultants requested a prior opinion of constitutionality be issued on two questions. The first question was, “Do you agree with the prohibition, without exception of prospecting, exploration and exploitation of artisanal metal mining, small, medium and large scale, in water sources, areas of recharge, discharge and water regulation, moors, wetlands, forests protectors and fragile ecosystems in the province of Azuay?” The second question was, “Do you agree to cancel the metallic mining concessions that have been granted prior to this Popular Consultation, in water sources, water recharge, discharge and regulation areas, moors, wetlands, protective forests and fragile ecosystems in the province of Azuay?” The Constitutional Court ruled the consultation does not comply with the parameters of formal and material control established in the constitution as well as the Organic Law of Jurisdictional Guarantees and Control. It denied the request.