Summary
The Confederation of Indigenous Nationalities of Ecuador (CONAIE) presented actions of unconstitutionality by the Mining Law in 2009. The actions argued the law violates the constitutional right to prior consultation of indigenous peoples and nationalities and rights of nature. The Constitutional Court ruling establishes the difference between prior environmental consultation and prior consultation for indigenous peoples and nationalities. It declared in a ruling that there is nothing that regulates pre-legislative consultation and that any mining activity that is intended to be carried out in the territory of indigenous peoples and nationalities must go through a prior consultation process.
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2025. Distributed by the Eco Jurisprudence Monitor.https://ecojurisprudence.org/initiatives/unconstitutionality-of-the-e40-mining-law/.
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