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Judgement No 024-12-SIN-CC

Country/Territory
Ecuador
Type of court
National - higher court
Date
Jun 21, 2012
Source
UNEP, InforMEA
Court name
Corte Constitucional
Seat of court
Quito
Reference number
0062-09-IN
Language
Spanish
Subject
Agricultural & rural development
Keyword
Agricultural development Agriculture and environment GMO Biosafety Food security Agricultural commodities Management/conservation Agricultural land
Abstract

The Ecuadorian Constitutional Court is asked to review the constitutionality of the two first dispositions of the organic law on food sovereignty.

Opponents to the law point out, among other arguments, that it the organic law on food sovereignty is unconstitutional because it does not clearly prohibit monocultures and biofuel production, and states instead that those two agricultural practices should be avoided if possible. They also recalled that monoculture foster desertification and deforestation and that biofuel encourage monoculture and impede food security. Therefore, monoculture and biofuel production are not in line with the provisions of the constitution guarantying the right to a healthy environment and access to food.

Another important point of criticism raise by the opponents to the law is the fact that the law authorizes the importation of genetically modified product once they are disabled. They consider it to be against the constitution which clearly states that Ecuador is a country free from genetically modified crops.

The constitutional court considered that the constitution does not have any provision forbidding the biofuel production nor the mono-cultural practices. Furthermore, the court noted that there is already a legal environmental framework limiting monocultures and biofuel production in cases where they do not present a risk for the environment and for food security. The court considered this legal framework to be sufficient to ensure that those two agricultural practices do not threat the environment.

With regards to the provision on the importation of biotechnological products, the court considered that they do not fall within the scope of the provision stating that Ecuador does not allow transgenic culture, because those transgenic products are disabled and therefore cannot be cultivated in Ecuador.

Conclusively, the court held the law to be in line with the constitution.

Full text
024-12-SIN-CC.pdf