Ecuador's Constitutional Court tests rights of nature with a major judgement on a biodiverse cloud forest. The podcast explores Ecuador's recognition of rights of nature and its influence globally. It also discusses the political shift in Latin America, a case before the Constitutional Court regarding mining in the cloud forest, a landmark ruling revoking mining permits to uphold rights of nature, and the tension between colonial governments and indigenous nations in rights of nature cases.
Ecuador's inclusion of rights of nature in its constitution has set a precedent for holding corporations accountable and attracted global attention to the country's approach.
The recent ruling by the Ecuadorian Constitutional Court in the Los Stavros case sets a precedent for protecting forests and forces policymakers to consider the impact of extractive industries on fragile ecosystems.
Deep dives
Ecuador's Recognition of Rights of Nature
In 2008, Ecuador became the first country to include rights of nature in its constitution. This constitutional acknowledgment highlights nature's rights, which is a unique concept not found in other constitutions. The introduction of rights of nature in Ecuador has set a precedent for holding corporations accountable and has attracted global attention to the country's approach.
The Texaco Case and Oil Colonialism in Ecuador
The case against Texaco, which started in 1993, exposed the significant environmental harm caused by foreign oil companies in Ecuador. Indigenous communities in the Amazon were devastated, and the country's economy and government became heavily dependent on oil. The lawsuit, spanning multiple trials and settlements, highlighted the issue of oil colonialism, wherein foreign companies acted in ways they would never dare in their own countries. Chevron technically lost the case but evaded responsibility by taking the lawyers to court and halting the government of Ecuador.
Los Stavros Case and the Impact on Rights of Nature
The recent landmark ruling by the Ecuadorian Constitutional Court in the Los Stavros case has significant implications for rights of nature. The court rejected mining permits in the Los Stavros protected forest, demonstrating a commitment to upholding the rights of nature. This ruling sets a precedent for protecting other forests and forces policymakers and the courts to consider the impact of extractive industries on fragile ecosystems. Additionally, the court's decision aligns with the growing global concern about the potential contradiction between the need for renewable energy and the environmentally damaging practices required for its production.
Ecuador was the first country to adopt rights of nature into its constitution, but its Constitutional Court (Ecuador’s equivalent to the U.S. Supreme Court) has not heard many cases in the decade or so since the law was added. The new Constitutional justices made a point of picking several cases to test rights of nature, and in 2021 handed down a major judgement about the future of one of the world's most biodiverse cloud forests.