Mining exploitation in Ecuador and a governmental decision jeopardize one of the most diverse ecosystems in the world, the Yasunà National Park, located in this Latin American country.
In 2023, citizens decided, through a popular vote, to keep the oil located in Block 43 of this protected area unexploited indefinitely. However, the local government has since proceeded with hydrocarbon extraction, now facing international protection mechanisms.
### **Mining exploitation in Ecuador: international claim**
The UN Special Rapporteur on Toxics and Human Rights, Marcos Orellana, presented his arguments before the Constitutional Court of Ecuador on Monday in this context.
He did so through a legal figure known as *amicus curiae* (someone who, despite not being part of a judicial case, assists the court by providing information or advice).
Orellana presented international standards for the compliance with judicial decisions that require States to ensure their effective and prompt execution.
“The failure to comply with the popular will and the ruling of the Constitutional Court of Ecuador endangers one of the most biodiverse ecosystems in the world,” he stated. “It threatens the rights of indigenous peoples and undermines the Constitutional Rule of Law,” he added.
The Constitutional Court set a final compliance deadline for the Ecuadorian people’s decision until August 2024. Despite this, the Ecuadorian government continued with hydrocarbon extraction in this National Park.
The Special Rapporteur stated that “international human rights standards on compliance with judicial rulings are even more important when non-compliance jeopardizes the survival of indigenous peoples and threatens to cause significant environmental damage.”
### **Indigenous peoples threatened by mining**
The expert highlighted the relationship between the rights of indigenous peoples living in the jungle where the park is located and the protection of a healthy environment.
He emphasized the serious threats to their health, lands, and territories as a result of exposure to dangerous substances and waste generated by oil extraction.
In this regard, the expert also stressed the importance of the Constitutional Court of Ecuador evaluating the compliance with its ruling in this case.
“To achieve sustainable development, the Escazú Agreement on environmental rights in Latin America and the Caribbean prioritizes access to environmental justice and requires Member States to have effective mechanisms to enforce judicial decisions,” Orellana emphasized.
### **What does the Escazú Agreement say**
The Escazú Agreement establishes that citizens have the right to access justice concerning environmental issues. This agreement aims to enable citizens to protect their environmental rights and remedy damages that affect them.
Among other points, it establishes the right to:
– Access environmental information
– Participate in environmental decisions
– Appeal to judicial authorities
– Adopt measures to prevent or reduce the impact of actions or omissions that may harm the environment
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