Mining in protected areas of Ecuador: legal limits and exceptions in environmental and mining law

Abstract

This article presents the legal framework applicable to mining in protected areas in Ecuador, with the purpose of identifying the limits and exceptions established by the constitutional order and how these interact with the rights of nature. Based on the analysis of Article 407 of the Constitution and the current environmental and mining regulations, it is verified that the Ecuadorian constitutional system adopts a general rule of strict prohibition of the exploitation of non-renewable resources in protected areas. However, this prohibition allows for exceptions conditioned on a declaration of national interest by the National Assembly, a mechanism whose activation requires compliance with strict criteria of necessity, proportionality, technical justification, and compatibility with the rights of nature. The research was conducted under a qualitative, non-experimental, and descriptive-analytical design, based on document review and legal analysis. The precedents analyzed show that mining in fragile ecosystems can cause irreversible damage to biodiversity, as well as violate the collective rights of indigenous peoples and affect the socio-environmental security of communities. It is concluded that, although the Constitution provides for an exceptional regime for the authorization of extractive activities in protected areas, its practical application is highly limited. Similarly, the Ecuadorian legal framework establishes a model of reinforced prohibition, in which the protection of protected areas constitutes a substantive limit to mining extractivism.