The conflict between Rights of Nature and Mining in Ecuador
In our study, we looked at the implications of this legal decision to see where similar future Rights of Nature cases might occur. Mining concessions currently overlap, and place at risk, 1.6 Million hectares of protected forests, indigenous lands, and native ecosystems in Ecuador. The Indigenous nation of Shuar Arutam in the southern Amazon are particularly vulnerable due to the size and scale of concessions. These threatened areas could use the precedent set by the Los Cedros case to fight against mining, but most of them lack the necessary environmental and ecological information needed to build effective legal cases, as much of Ecuador has not been thoroughly studied. There is a pressing need for this detailed biological information.
Recommendations of our study include:
Explore the map of Ecuador below using the slider to see where mining concessions have been granted over existing protected areas, Indigenous territories and native ecosystems such as tropical forest and high altitude grasslands (paramo). According to Ecuador’s Constitution, and the precedent set by the Los Cedros Protected Forest case in 2021, the application of the Rights of Nature to these areas could potentially be used to challenge mining.
Map of Ecuador showing mining concessions overlying exisiting protected areas (Bosque Protector), Indigenous territories and native ecosystems
Abstract of our research and recommendations
Context: A landmark ruling by Ecuador’s Constitutional Court in 2021 halted mining in the Los Cedros Protected Forest, setting a global precedent for implementation of the Rights of Nature.
Approach: Based on the analysis of the court ruling we assess mining risk to other protected forests, Indigenous territories, unprotected native ecosystems, biodiversity and areas of water resource conflict to identify the geographical scale of future potential Rights of Nature cases.
Results: The court based legal protection of Los Cedros on three key legal arguments, the right to timely, Free Prior Informed Environmental Consultation, the application of the Precautionary Principle in risk to Rights of Nature, and the Right to Water.
We found that mining concessions (7,813) of 22,812km 2 overlay 9.2% of Ecuadorian mainland, with 2,323 concessions (29.7%) overlapping 16,081km 2 of protected forest (4,781 km 2 , 20%), Indigenous territory (6,473 km 2 , 8%) and native vegetation outside protected areas and indigenous territories (13,390 km 2 , 9%). In terms of species richness, it is noteworthy that all areas encompassed by mining concessions displayed remarkably high numbers of species, ranging from 344 to 1184 species, as per the data provided by the International Union for Conservation of Nature (IUCN). This abundance of biodiversity stands in stark contrast to the United Kingdom, where the maximum recorded species richness value is just 240.
There’s a notable disparity in the number of species at risk of extinction according to the IUCN, varying from 9 to 94 species. To illustrate, the UK has a maximum of only 10 endangered species. Generally, the Amazonian regions have more species, but the Northwestern Ecuadorian Cloudforests have an unusually high number of species in danger of extinction, as depicted on the map below.
Use the slider to compare between total numbers of species of amphibians, birds, mammals and reptiles (IUCN) and the number of species threatened with extinction.
Synthesis and Applications: The Los Cedros legal case in Ecuador sets a precedent in using Rights of Nature to challenge the presence of mining concessions that overlap 4,781 km² of similarly Protected Forest, with potential to protect an additional 16,081 km² of indigenous lands and biologically important ecosystems. However, lack of biological data for these areas will necessitate extensive data collection.
The research not only pinpoints the potential for Rights of Nature to safeguard ecosystems but also underscores areas with substantial investment risks for the mining industry. Therefore, we strongly recommend a thorough review of mining concessions in Ecuador, particularly in protected forests, indigenous territories, ecologically sensitive regions, and areas grappling with water resource conflicts. This review is essential to preserve ecological balance and ensure social harmony while acknowledging the significant investment risks involved in mining ventures.