Prior consultation bill raises hopes in Ecuador

Several sectors in Ecuador, particularly mining, are closely following a bill drafted to regulate the process of prior consultation for projects with indigenous and native peoples, which was submitted to the national assembly by its president, Henry Kronfle.

The 28-page bill establishes that prior consultation will be conducted for projects that could cause environmental, cultural or social impacts in indigenous territories and for native peoples.

The objective of prior consultation is for the State to be able to interact with the various stakeholders that could be affected, either directly or indirectly, by the construction and/or operation of projects, activities or administrative decisions related to the prospecting, exploitation and commercialization of renewable and non-renewable natural resources in indigenous territories.

The bill establishes that if there is majority opposition from those consulted, the decision of whether or not to continue with the process to grant an environmental permit for the project will be adopted by the environmental authority and, if the process continues, the actions to minimize the respective impacts must be detailed.

“The bill is a very important step because it is a debt that the State owes to indigenous and ancestral communities to protect their rights, and it is also a mechanism to grant legal certainty to foreign investment in sensitive industries,” Santiago Yépez, former president of Ecuador's mining chamber, told BNamericas. 

The law on this matter has been long awaited in several sectors, particularly those related to extraction of natural resources, like mining, which faces significant opposition from both indigenous communities and environmental activists in Ecuador.

In November last year, the constitutional court ordered the national assembly to issue the law on prior, free and informed consultation for indigenous communities and peoples within one year.

When presenting the bill on May 8, Kronfle told the press that he was seeking to comply with the court's ruling and ensure the active participation of indigenous communities and peoples in the consultation process.

According to Yépez, if the bill is approved, local courts and the country's constitutional court will no longer have discretionary powers to halt mining projects due to the lack of prior consultation.

He added that the text presented by Kronfle complies with the provisions of the International Labour Organization (ILO) on this matter, established in article 169 for the protection of indigenous and tribal peoples.

The project will still have to go through several stages before reaching the full legislature for approval, so the process will take several months and could even be concluded next year.

“Although the process will be long, the bill is a good opportunity to obtain clear and appropriate regulations for the advancement of important decision-making by the State,” said Yépez.

The text of the bill can be downloaded in the Documents box at the top right of the screen.