April 22, 2021

The Constitutional Court of Ecuador rejects the convening of the anti-mining consultation

The Constitutional Court of Ecuador rejected Friday the proposal for a call for an anti-mining consultation raised by the prefect of the province of Azuay, Yaku Pérez, considering that it violated the constitutional parameters.

The high court said in a statement that the formulation of the two questions proposed for consultation against any form of mining in that southern province of the country “does not meet the parameters of formal and material control provided for in the Constitution and the Organic Law of Jurisdictional Guarantees and Constitutional Control “.

The text also mentions that the Court “is responsible for analyzing each of the questions under strict elements of constitutional control.”

And it specifies that by “its importance and possible consequences”, voters must have questions that are structured within the constitutional parameters and with recitals that provide necessary and neutral information.

Remember that the questions must be clear and loyal in order to allow citizens to make a free decision that materially guarantees their constitutional right to choose.

The resolution adopted today by the Plenary of the Court with six votes in favor, rejected the proposal of popular consultation of Pérez, which was presented on January 7.

The first of the questions submitted to the constitutional review was about the possibility of expanding the prohibited areas for mining activities in Azuay such as water sources, recharge, discharge and water regulation areas, as well as moors, wetlands, protective forests and fragile ecosystems .

The second addressed the suspension of metal mining concessions.

The Ecuadorian Business Committee this week filed an amicus curiae appeal to make its arguments known against the proposal for consultation raised by Pérez, a well-known environmental activist and defender of water sources.

The province of Azuay has 815 mining concessions and, according to Pérez, this means that “a quarter of the territory” is committed to metal mining.

The Ecuadorian Government expects an investment of 3.8 billion dollars in the mining industry, so that it represents 4 percent of GDP until 2021.


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