Ecuador at a Crossroads: The Future of Nature’s Rights and Indigenous Communities
The majestic “Reporter Trees” of Laguna Grande, deep within Ecuador’s protected Amazon rainforest of Cuyabeno, stand as silent witnesses to a critical juncture for the nation. It was nearly two decades ago that Ecuador made history, becoming the first country worldwide to legally enshrine the Rights of Nature in its constitution. This groundbreaking move recognized ecosystems as living entities possessing legal rights, setting a global precedent for environmental protection and indigenous stewardship. Today, this landmark achievement, and the future of Ecuador’s invaluable natural resources, hang precariously in the balance.
On November 16th, Ecuadorian voters will head to the polls for a constitutional referendum. If approved, this referendum could pave the way for a complete overhaul of the existing constitution, potentially eroding the fundamental rights it established not only for nature but also for the nation’s diverse indigenous communities. The outcome could allow President Daniel Noboa to rewrite the foundational legal document, with significant uncertainty surrounding the potential revisions.
A Visionary Constitution Under Threat
The 2008 constitutional rewrite, spearheaded by former President Rafael Correa, was celebrated for its uniquely participatory process. Unlike previous constitutional changes in the last century, this iteration actively involved citizens, communities, and organized civil society sectors. Dr. Cristina Espinosa, Assistant Professor of Sustainability Governance at the University of Freiburg, highlights its exceptional nature, stating it “was the result of a very participatory process where communities and different sectors of organized civil society were able to bring forward their own ideas of how we should live together, of how we should care for Ecuador.” This collaborative spirit forged a document that became a beacon for environmental and social justice globally.
Gustavo Redín Guerrero, Vice President of CEDENMA, a network of environmental organizations in Ecuador, voices grave concerns: “The fact that they want to change a constitution that recognized so many rights, not just rights of nature, but also rights of Indigenous people… it means that they’re walking backwards.” The implications are profound, suggesting a retreat from progressive legal frameworks that have inspired nations like Bolivia, India, and Mexico to consider similar protections.
President Noboa’s Stated Agenda and Environmental Concerns
President Noboa, who assumed office in 2023, argues that a new constitution is essential to combat rising crime rates in Ecuador. While specific details remain scarce, reports suggest his proposed revisions aim to limit due process and prisoner rights, and potentially challenge Constitutional Court judges perceived as obstructing his crime-fighting efforts. However, environmental activists and indigenous leaders fear that under the guise of security reforms, a constitutional rewrite could systematically dismantle the environmental safeguards established 17 years ago.
Experts like Dr. Espinosa observe a stark difference in political orientation between Noboa’s administration and the one that crafted the 2008 constitution. Given Noboa’s background in one of Ecuador’s wealthiest families, there’s a strong expectation that any new constitution would likely be less participatory and potentially include reforms that ease the path for extractive industries. This shift is deeply concerning for a country renowned as one of the most biodiverse on Earth.
Erosion of Oversight and Expansion of Extraction
President Noboa’s actions have already signaled a clear direction. In July, an executive order dissolved the Ministry of the Environment, Water, and Ecological Transition, transferring its critical functions to the Ministry of Energy and Mines. This move effectively stripped away independent oversight for the powerful oil and mining industries, raising alarms among conservationists. Further solidifying this path, his government announced a plan in September to auction rights for 49 oil and gas projects in the Amazon, valued at over $47 billion. This directly impacts the Amazon rainforest, a global biodiversity hotspot and crucial carbon sink.
Indigenous leader Majo Andrade Cerda articulates the fear of many: “They are trying to erase every [protection] from the constitution for [mining companies] to have more access to explore more gold, copper, and other resources.” This perspective underscores the deep connection between constitutional protections and the preservation of ancestral lands and livelihoods.
The Intertwined Rights: Nature and Indigenous Communities
The 2008 constitution’s impact has been tangible. In 2011, a provincial court ruling in favor of the Vilcabamba River became the first successful legal case upholding the Rights of Nature in Ecuador. After a roadwork project polluted the river, the constitution provided the legal framework to protect it, directly benefiting the indigenous communities living alongside its banks. As Cerda powerfully states, “When we are talking about nature’s rights we are talking about Indigenous people’s rights.” The erosion of one inherently threatens the other.
The upcoming referendum is not just a political event; it is a profound test of Ecuador’s commitment to its environment and its people. Reports indicate President Noboa’s “yes” campaign significantly outspends the “no” campaign on advertising, creating an uneven playing field. Advocates warn that the consequences of a “yes” vote will be far-reaching and potentially irreversible. “It’s not just going to happen in the Amazon, it’s going to happen in the Andes, in the Galapagos,” warns Cerda. “It’s going to affect every Ecuadorian.” The world watches as Ecuador stands at a critical juncture, with global implications for the future of environmental law and indigenous sovereignty.
