Ecuador: Constitutional court ruling to protect indigenous peoples from mining projects  affecting their human rights

Ecuador: Constitutional Court Ruling to protect indigenous peoples from mining projects  affecting their human rights

Amnesty International welcomes the 27 January 2022 decision of the Constitutional Court, Ecuadors highest
court, confirming violation of the rights to prior consultation, to nature, water, a healthy environment, culture
and territory, as well as comprehensive reparation measures

In its ruling, the Constitutional Court stated that in all prior consultations on any plan or programme that may
affect the rights and interests of Indigenous peoples, the state has an obligation to (i) adjust the plan or project
consulted, (ii) adopt reasoned decisions based on the results of the consultation and (iii) refrain from demanding
disproportionate sacrifices from Indigenous communities that are not proportionate in a democratic society, as
well as complying with international standards on free, prior and informed consent.

https://www.amnesty.org/en/wp-content/uploads/2022/02/AMR2852332022ENGLISH.pdf

 

29. Januar 2023