Nearly two decades ago, Ecuador became a pioneer by incorporating the rights of nature into its constitution. This groundbreaking decision recognized ecosystems as living entities with legal rights. However, the future of these protections is now at stake.
Ecuador’s Constitutional Referendum: A Critical Vote
On November 16, Ecuadorians will vote on a constitutional referendum that could revoke the existing constitution. Approval would enable President Daniel Noboa to potentially erode the fundamental rights guaranteed to nature and Indigenous communities.
Gustavo Redín Guerrero, vice president of CEDENMA, an environmental organization, expressed concern about the implications of such a change. He asserts that altering a constitution that safeguards both nature and Indigenous rights represents a regression.
The Context of Ecuador’s Constitutional Rights
Ecuador’s constitution has undergone several revisions in the past century. However, the 2008 revision was unique, emphasizing citizen involvement led by then-President Rafael Correa’s PAIS Alliance. Cristina Espinosa, an assistant professor at the University of Freiburg, described the 2008 text as exceptional due to its participatory nature.
President Noboa’s Stance
Daniel Noboa, who was elected in 2023 representing the center-right National Democratic Action party, argues that a new constitution is necessary to address crime but has provided scant details on its potential content. Reports indicate he may seek to limit due process and diminish the rights of prisoners. Activists worry that such actions could undermine the rights of nature established 17 years ago.
Espinosa points out that Noboa’s political approach is significantly different from the 2008 government. This new direction could lead to a constitution that is less inclusive and could favor extractive industries. Noboa’s background as part of a wealthy family raises concerns about his vision for Ecuador, diverging from the inclusive ideals embodied in the 2008 constitution.
Environmental Concerns Under Noboa’s Administration
Under Noboa’s leadership, the environment has faced significant changes. In July 2023, he issued an executive order disbanding the Ministry of the Environment, relocating its responsibilities to the Ministry of Energy and Mines. This shift has raised alarms regarding the oversight of the oil and mining sectors.
Furthermore, his government announced a plan in September to auction rights for 49 oil and gas projects in the Amazon, with an estimated value exceeding $47 billion. Majo Andrade Cerda, an Indigenous leader, argued that these moves threaten constitutional protections and increase mining access to vital resources.
Global Impact of Ecuador’s Constitutional Rights
Ecuador’s 2008 constitution has inspired other nations, with Bolivia, India, and Mexico enacting laws that recognize nature’s rights at various levels. A landmark ruling in Ecuador in 2011, which protected the Vilcabamba River, demonstrated the constitution’s practical impact on both environmental and Indigenous community rights.
As voters prepare for the referendum, President Noboa’s campaign for a “yes” vote significantly outpaces the opposition in terms of advertising finances. The effects of these changes could extend beyond regional boundaries, influencing ecosystems across the Andes and the Galapagos Islands.
Environmental advocates warn that a shift in constitutional rights would affect not only the Amazon but also the entire country. The stakes are high, as the vote will determine the future of Ecuador’s natural and cultural heritage.
