The conflict between Rights of Nature and mining in Ecuador: Implications of the Los Cedros Cloud Forest case for biodiversity conservation

Abstract

Global emergence of Rights of Nature (RoN) has gained momentum since Ecuador became the first country to constitutionally recognize it in 2008. The shift from perceiving nature as an object, to granting it legal subjecthood, can revolutionize protection of ecological systems. In 2021, Ecuador's Constitutional Court issued a landmark ruling, halting mining in the Los Cedros Protected Forest. Three pillars form the basis for legal protection of Los Cedros: (i) the right to timely, Free Prior Informed Environmental Consultation, (ii) application of the Precautionary Principle in risk to RoN, and (iii) the Right to Water. We analyse the Court ruling to identify legal frameworks applied then map and rank mining risk to other protected forests, Indigenous territories, unprotected native ecosystems, biodiversity and areas of water resource conflict to determine potential scale of conflict between mining and RoN. 7813 mining concessions of 22,812km2 overlay 9.2% of Ecuadorian mainland, 2323 concessions (29.7%) overlap 16,081km2 of protected forest (4781 km2, 20%), Indigenous territory (6473 km2, 8%) and native vegetation outside protected areas and Indigenous territories (13,390 km2, 9%). With 80% of their protected forests at risk from large-scale mining, the most impacted Indigenous communities are the Shuar. Synthesis and applications: The Los Cedros legal case in Ecuador sets a precedent for using RoN to challenge mining in 4781 km2 of similar Protected Forest, with potential to protect an additional 16,081 km2 of Indigenous lands and biologically important ecosystems. However, lack of biological data for these areas will necessitate extensive data collection, possibly through community-empowering citizen science. Our study emphasizes the urgent need to integrate indigenous and traditional ecological knowledge (ITEK), law and ecology. We propose a new transdisciplinary field of ‘ecological forensics’ to support nature protection within the RoN framework. Our research also identifies areas where RoN could effectively protect nature and that are likely to be of high investment risk for the mining industry. The final recommendation is to reconsider mining concessions in Ecuador, especially in ecologically sensitive areas, Indigenous territories, high biodiversity areas, and regions with water resource conflicts, to maintain ecological integrity and social harmony. Read the free Plain Language Summary for this article on the Journal blog.