Ecuador Constitutional Court Case: rights of the Aquepi River

Summary

In 2019, several residents of the commune Julio Moreno and the San Vicente de Aquepi enclosure presented a protective action against the National Secretariat of Water (SENAGUA) and the Provincial Decentralized Autonomous Government of Santo Domingo de los Tsáchilas (GAD provincial) on behalf of the Aquepi River. The plaintiff alleged that allocation of water from the Aquepi River by GAD provincial was in a quantity that exceeds the ecological flow in dry season, and this presents a violation of the rights of nature, and the rights to health, water, enjoyment of a healthy environment, legal security, and prior consultation with the community.

Legal Ruling
The lower instance court rejected the protective action. The case made its way to the Constitutional Court of Ecuador, which declared that the Ministry of Water violated the rights of the Aquepi River and recognized that the Aquepi River is subject of rights with the right to have its structure and ecological flow respected. The Court declared that SENAGUA and GAD provincial must order a technical and impartial audit to be carried out to make the necessary corrections to ensure the rights of the river; carry out new and comprehensive studies necessary to determine the average flow, structure, functions, and life cycle of the Aquepi River; take all the necessary measures for the creation of a hydric protection area in the Aquepi River and of a conservation and preservation plan for the river; and apologize to the inhabitants of Julio Moreno Espinosa and San Vicente de Aquepi.