This article by  appeared in Mongabay, February 11th, 2019. It’s important to note when reading this article that “concessions” are equivalent to “permits” granted to corporations in other systems of law.

  • A court in Ecuador’s Sucumbíos province has ordered that the mining concessions already in operation on territory claimed by the Cofán indigenous people, and those currently in the process of being granted, must be canceled, affecting some 324 square kilometers (125 square miles) in total.
  • The ruling also requires that reparations be made for any impacts caused by recent mining.
  • For the community, the court’s decision is a victory that represents a milestone for the rights of all indigenous communities in Ecuador.

In January 2018, the Cofán indigenous people of Sinangoe, Ecuador, discovered several machines mining the Aguarico riverbed near Cayambe Coca National Park. This came as a surprise to them because they’d never been consulted about any mining projects in their territory. They decided to speak out against the violation of their rights to prior consultation as well as the rights of nature and a healthy environment, which are both recognized in the Ecuadoran constitution.

After nearly a year of legal struggle to halt the mining and the water pollution that came with it, the provincial court of Sucumbíos ordered that the concessions already in operation and those currently in the process of being granted must be canceled, affecting some 324 square kilometers (125 square miles) in total. With the court’s ruling, mining will not be allowed in any of those areas. Additionally, the decision requires the reparation and/or remediation of the areas already affected by mining. Before any new concession is granted, miners must begin the prior consultation process with the Cofán de Sinangoe community.

When members of the Cofán community learned of the verdict in October 2018, they were overjoyed. “Sinangoe is fighting for the well-being of everyone, not only for the A’i Cofán community, but for everyone in Sucumbíos province: for the A’i Cofán, Siona, Secoya, Kichwa, and for other nationalities that are uniting to defend their rivers,” said Mario Criollo, the president of the Cofán community of Sinangoe. “This victory is a great achievement for our children and for future generations. We will continue to watch over our land and fight to have our property titles.” MORE…