Legal Protection Of Nature And Indigenous Peoples In The Ecuadorian Legal System
Abstract
Ecuador is one of the most mega-diverse countries in the world, as well as one of the main exporters of bananas and oil. It is home to at least 14 indigenous peoples recognized with their own territories and rights.
There is currently a debate between the legal mechanisms to maintain the balance between the extractivism western worldview and the indigenous worldview of living in harmony with nature and native communities (Sumak Kawsay). The objective of this study is to analyze the public policies and legal protections implemented by Ecuador from the Constitution of the Republic (2008), where nature is included as a subject of rights and therefore can appear in court when its balance is affected. The right to prior consultation for indigenous peoples is also derived from this protection, where the characteristics and requirements of this right will be described, as well as practical cases where it has been applied in Ecuador, including the failed Yasuni ITT proposal. The conclusions and recommendations on this study will be about whether initiatives to protect nature as part of the search for climate justice have generated positive results to achieve harmony between indigenous peoples, nature, government as well as other economic and social actors.
Keywords
Ecuador, extractivism, indigenous peoples, nature rights, prior consultation, Sumak Kawsay
References
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