Summary
In January 2020, several cantons in the Azuay Province of Ecuador proposed a popular consultation on the prohibition of mining activities in the protective forests that surround El Cajas National Park. In its reasoning, the popular consultation cited the constitutional provisions recognizing the rights of nature, and the State’s environmental responsibility to guarantee the protection of the right to live in a healthy environment and the rights of nature, as well as allowing citizens to enjoy collective well-being and buen vivir.
“For these reasons, and given the need to exercise the right to direct participation and to be consulted, it is pertinent to request that each and every inhabitant of the province of Azuay call for a Popular Consultation on the prohibition, without exception, of prospecting, exploration and exploitation activities of metallic mining present and future, solely in water sources, recharge, discharge and water regulation zones, moorlands, wetlands, protective forests and fragile ecosystems in the province of Azuay, as well as the cancellation of metallic mining concessions granted before this consultation.”
The proponents requested the Constitutional Court of Ecuador to issue a prior opinion of constitutionality on two questions.
1. 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?
2. 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 popular 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, and therefore denied the request.
Ecosystem
Most of El Cajas National Park is páramo (high-altitude grassland) interspersed with over 768 water bodies. Páramos are highly sensitive ecosystems vulnerable to human activities, with significant scientific and ecological value due to their flora, endemic fauna, and unique landscape. They are considered water recharge and regulation zones, as well as CO2 sinks, making them important ecosystems in regard to climate change. Due to the large number of lagoons, presence of migratory birds, and its importance for capturing and providing water to nearby communities, it was recognized as a Ramsar site (Wetland of International Importance).
Key Distinctions Between the Azuay Consultation Cases
The Azuay Province court case concerned a province-wide consultation attempting to broadly prohibit mining, which the Court rejected as exceeding constitutional limits. By contrast, the Cuenca Canton case involved a municipal-level consultation focused on land-use regulation and protection of local water sources, which the Court deemed constitutionally permissible and allowed to proceed to a public vote.
Involved Organizations
Related Initiatives
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2026. Distributed by the Eco Jurisprudence Monitor. https://ecojurisprudence.org/initiatives/popular-consultation-for-the-prohibition-of-mining-activities-in-azuay/.
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