Ecuador's plans to greatly expand oil and mining extraction in the Amazon hit a major snag last week as the nation’s Constitutional Court handed down multiple decisions that affirm Indigenous rights and limit extraction.
In a major victory for Indigenous rights in Ecuador and beyond, the court set a new legal precedent in guaranteeing the right to consent for Indigenous peoples over extractive projects on their lands. While the country’s constitution enshrines the right to Free, Prior, and Informed Consultation, Ecuador currently has no law regulating the consultation process. The landmark decision clarifies that the outcome of any consultation process with Indigenous peoples must be consent before a project may proceed.
The case was brought by the A’i Kofan community of Sinangoe who challenged gold mining activity underway on their territory without their approval. The ruling gives all 14 Indigenous nationalities in the Ecuadorian Amazon the right to veto any project slated for their territories. More importantly, this decision recognizes Indigenous communities’ right to life and culture. It assures their right to live in their territories free of resource extraction and the threats to life that come with it.
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