Mining Chamber denounces legal insecurity generated by the Constitutional Court for the Los Cedros case

The Ecuadorian Mining Chamber denounced that the Constitutional Court would be generating legal uncertainty with a judgment issued on December 1 and that it ratified a judgment of the Provincial Court of Imbabura, which in turn welcomes a protection action presented by the GAD of Santa Ana de Cotacachi around the Los Cedros Protective Forest.

This morning, at a press conference, María Eulalia Silva, executive president of the Chamber of Mining; Andrés Ycaza, trustee of the same entity; and Pablo Zambrano, president of the National Federation of Chambers of Industries of Ecuador, were very concerned by said ruling that affects the initial exploration record in the Río Magdalena 1 and 2 concessions, located in the province of Imbabura.

Effectively, court reviewed the judgment of the Provincial Court and declared “The violation of the rights of nature of the Los Cedros Protective Forest, as a subject of rights, in addition to the right to a healthy environment, the right to water and environmental consultation, due to the issuance of the environmental registry for the initial exploration phase, within the Río Magdalena 01 and 02 concessions ″.

The Constitutional Court says that this ecosystem, according to the Constitution, is the owner of the “rights to the existence of animal and plant species, as well as to maintain its cycles, structure, functions and evolutionary process ”.

Within this analysis he indicated that “The administrative authorizations issued by the authority did not have studies or necessary scientific evidence to avoid and mitigate serious and irreversible damage to species and ecosystems, and therefore, to the rights of nature, water and a healthy and balanced environment ”.

Likewise, the Court analyzed the application of this principle in relation to the right to water, concluding that given the hydric characteristics of the Los Cedros Protective Forest ecosystem and the use of water for the surrounding communities, should have complied with the precautionary principle and, consequently, not allow mining activity to take place

The House protests, since the ruling prohibits extractive activities in places where the same State granted concessions, arbitrarily expanding the areas where this type of activity cannot be carried out and which are exhaustively listed in art. 407 of the Constitution. “This is a dangerous precedent that goes beyond the powers of the Constitutional Court, tacitly reforms the content of the Magna Carta, affects the universal principle of legal security and exposes the State to serious international contingencies,” said the Chamber.

The union representatives indicated that the Court’s decision unconstitutionally displaces the national environmental authority. “Without having specialized knowledge in the matter, some judges of the Constitutional Court try to impose anti-technical and premature requirements for the initial exploration,” says the Chamber.

Finally, they recalled that Ecuadorians have witnessed how the violation of the rule of law has caused the State to be sued on dozens of occasions with dire results for citizens and subsequent generations who are forced to pay astronomical compensation with their taxes.