Ecuador

CDER attorney Hugo Echeverria (left) in Quito, Ecuador meeting with staff of the National Assembly.

CDER attorney Hugo Echeverria (left) in Quito, Ecuador meeting with staff of the National Assembly.

In 2008, we met with delegates to Ecuador’s Constituent Assembly which was drafting the country’s new constitution.  The focus of the discussions was on the rights of nature – or Pacha Mama - and the need to do something different to protect the fragile, remarkable ecosystems of Ecuador.  In September 2008, Ecuador became the first country in the world to enshrine the rights of nature in a national constitution. 

As court cases in Ecuador have affirmed the constitutional rights of nature, today we are engaging with Ecuador’s National Assembly on legislative steps to implement the constitutional provisions, to ensure that environmental decision making and governance uphold and protect the rights of nature across the country.

In November of 2020, CDER submitted an amicus brief and live testimony before Ecuador’s Constitutional Court on the Los Cedros case. In its testimony and amicus brief, CDER explained how the constitutional rights of nature protects ecosystems and species, and proposed a new application of the constitutional provisions under Article 73 of the Constitution concerning the rights of nature.

The Center for Democratic and Environmental Rights has done vital work this year in two more amicus briefs: Rio Piatua and Nangaritza. Our recommendations sought to secure the protection of the constitutional rights of nature. Rio Piatua focused on the prohibition of hydroelectric projects, while the latter involved the authority to conduct mining for 39 permits. Both built upon the strong foundation set by Los Cedros.

We invite you to visit our Ecuador page. It highlights not only the ongoing rights of nature work being done but also has access to videos, press releases, and the briefs themselves. Below are some examples of the groundbreaking work being done in this beautiful country.

Our Ecuador attorney, Hugo Echeverria continually shines in each live testimony that he has presented in front of the Ecuadorian government. Mr. Echeverria provided compelling legal arguments for biodiversity and the protection of Andean mountain ecosystems on a live stream. On August 17th, 2021 Hugo Echeverria spoke before the Commission on Biodiversity of the National Assembly of Ecuador. Hugo testified on the need to set legislative standards on places where mining activities are to be prohibited or restricted, including fragile ecosystems and habitats of endangered species, so that the right of nature would be protected. He pushed for the reformation of Ecuador’s Mining Law, citing articles 73 and 406 of the Constitution of Ecuador providing a basis for mining standards from consultation to closing. This live testimony can be watched on demand here.

The Center for Democratic and Environmental Rights provides multiple opportunities for education on the rights of nature movement and its history, on a global scale. Mr. Echeverria presented a webinar on recent developments in Ecuador in June 2020. As part of the Global Developments in Rights of Nature series, he shared about the work that has been done with the Constitution of Ecuador, as well as court cases and ways to implement the environmental protections necessary for the future. We invite you to view the recording of this event below.

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