The Constitutional Court of Ecuador (the
“Court”) has recently ruled on a
series of constitutional actions brought against the development of
mining projects in Ecuador (the
“Decisions”). The Decisions
illustrate the Court's continued approach to recognizing and
strengthening the right to prior consultation of indigenous
communities on extractive activities in the country. The
Decisions however seem to run counter to President Lasso's
attempts to reform the country's historic economic policy
by
pledging to promote foreign investment to stimulate
Ecuador's economic growth, especially through the exploration
and exploitation of hydrocarbons and mining resources.
We discuss below the Decisions and some of their potential
implications for companies in extractive industries.
