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Judgement No 001-10-SIN-CC

Country/Territory
Ecuador
Type of court
National - higher court
Date
Mar 18, 2010
Source
UNEP, InforMEA
Court name
Corte Constitucional
Seat of court
Quito
Reference number
0008-09-IN y 0011-09-IN
Language
Spanish
Subject
Mineral resources
Keyword
Indigenous peoples
Abstract

The Ecuadorian Constitutional Court is asked to review the constitutionality of the 2009 mining law.

 

The opponents of the 2009 mining law point out that it violates the rights for indigenous communities to be consulted on the use of natural resources on their territory as the law enshrines the freedom of prospection which allows anyone to prospect everywhere in Ecuador, indigenous territory included.  Indigenous rights over their lands are protected by the chapter 4 of the constitution and by several international agreements ratified by Ecuador.

Additionally, the mining law states that it prevails over any other laws. This was also seen as a ground for unconstitutionality as the constitution provides that only organic laws can be superior to ordinary laws and in this case, the mining law is an ordinary law.

 

The court followed the argument of the opponents to the mining law and declared it unconstitutional on the basis that it was not respecting constitutional indigenous rights and the hierarchy of norms.

Full text
001-10-SIN-CC.pdf