The climate crisis has never been more evident, with the past decade marked as the hottest on record and July recently claiming the title for the hottest days ever. This alarming trend highlights the urgent need for decisive action to combat climate change, including the reduction of fossil fuel emissions. A bold example of such action emerged from Ecuador last year when nearly 60% of voters chose to halt oil drilling in the Ishpingo-Tambococha-Tiputini (ITT) oil field, located in the heart of Yasuní National Park.
Ecuador’s Bold Decision to Protect Yasuní
Yasuní National Park, a jewel of the Amazon, is renowned for its unparalleled biodiversity. It was declared a national park in 1979 and later recognized as a UNESCO biosphere reserve in 1989. The park is not just a haven for wildlife but also home to Indigenous groups, including the Tagaeri and Taromenane, who live in voluntary isolation. These communities’ territorial rights are safeguarded by Ecuador’s Constitution.
For a decade, Ecuadorians tirelessly campaigned to bring the fate of Yasuní to a popular vote. Their efforts culminated in a landmark decision by Ecuador’s Constitutional Court, which mandated a nationwide vote. The result was clear: oil drilling in Yasuní would be stopped, preserving a billion barrels of oil underground and safeguarding the park’s delicate ecosystems.
Challenges Ahead: The Battle Isn’t Over
Despite the victory at the polls, the battle to protect Yasuní is far from over. Government officials and oil corporations are seeking ways to delay the implementation of the vote, citing financial and engineering difficulties. This controversy unfolds against a backdrop of widespread corruption and escalating violence linked to drug cartels in Ecuador. To combat these issues, the government has raised taxes and cut subsidies, further complicating the situation.
As oil companies push to override the public’s will, citizens have once again turned to the Constitutional Court for intervention. The government, on the other hand, has hinted at the possibility of a new vote to reconsider the decision, potentially allowing drilling to continue in Yasuní.
However, Ecuador’s Constitution is clear: the results of popular consultations (consultas populares) are binding and must be enforced without delay. Ignoring this mandate would not only be unconstitutional but would also pose serious threats to Ecuadorian democracy.
The Rights of Nature: A Legal Foundation for Environmental Protection
Ecuador broke new ground in 2008 by enshrining the ‘Rights of Nature’ (Pacha Mama) into its Constitution. This legal framework grants nature the right to exist, regenerate, evolve, and be restored. Since then, these rights have been successfully invoked to prevent environmental degradation across the country, with the Constitutional Court upholding these protections, even in the Amazon.
Ecuador’s pioneering approach has inspired neighboring countries. In 2018, Colombia’s Supreme Court recognized the rights of the Amazon, and this year, a Peruvian court acknowledged the rights of the Marañón River, a vital tributary of the Amazon River.
Under Ecuador’s Constitution, not only does nature have rights, but citizens also have the right to enforce these protections. Indeed, many cases brought before Ecuadorian courts to defend the rights of nature have been initiated by concerned individuals and communities.
A Path Forward: Applying the Rights of Nature to Yasuní
Although the vote to protect Yasuní was based on the people’s right to participate in decisions of public interest, the rights of nature provide a potent legal avenue for safeguarding the park. In 2021, Ecuador’s Constitutional Court ruled under Article 73 of the Constitution, part of the chapter on the rights of nature, that the state must adopt a precautionary approach to prevent species extinction and ecosystem destruction. The court even equated such destruction with genocide in certain contexts. This ruling led to a halt in mining activities in the Los Cedros Protected Forest, a critical habitat for endangered species.
Given this precedent, the court should similarly apply the rights of nature when determining Yasuní’s future. The park is home to fragile ecosystems and endangered species, making it a prime candidate for protection under this legal framework.
It is also crucial to note that the current oil drilling in Yasuní stems from an exception to the constitutional ban on extraction in national parks. In 2013, Ecuador’s National Assembly authorized drilling, citing national interest. This decision spurred citizens to demand the popular consultation, ultimately leading to the vote to protect Yasuní.
The Future of Yasuní: A Test of Democracy and Environmental Justice
As Ecuadorians rally to defend Yasuní, the rights of nature are becoming a central argument in their fight. In the face of accelerating climate change, these constitutional rights are proving to be indispensable tools in protecting not only Yasuní but also the broader principles of democracy and the rule of law. The outcome of this struggle will not only determine the fate of one of the world’s most biodiverse regions but also set a precedent for how nations can reconcile environmental protection with democratic governance.
