In August 2019, the Defend Them All Foundation submitted an Amicus Curiae to the Constitutional Court of Ecuador in support of allowing Prefect Pérez’s popular consult. The Prefect of Azuay, Yaku Pérez, presented the following question to the Constitutional Court to be asked of the people of Azuay:

Do you agree with prohibiting, without exception, metal mining in all of its phases, that are: prospection, exploration, and exploitation, near water sources, páramos, wetlands, forests, and in all water recharge and regulation zones in the province of Azuay?

DTA supports the popular consult for two reasons. First, Ecuador’s Constitution declares that the conservation of biodiversity is of public interest. Because the species of Azuayan páramos play a crucial—and economically considerable—role in maintaining Azuay’s water quality, the people of Azuay have the greatest interest in preserving in Azuay’s biodiversity. Second, the Constitution of Ecuador grants Nature the right to preserve its biodiversity, and the mining practices at issue will most likely infringe this right. 

The mining practices at issue could jeopardize a whole host of species in ways that even the best science does not yet understand. At the very least, more scientific studies are needed to fully assess these risks. Yet, Ecuador need not rush to develop its mineral resources. Realizing this fact is part of the genius of allowing this popular consult—if later science shows that metal mining can be done with fewer risks to biodiversity, the public can be consulted on the issue again. The underground metals are not going anywhere, but Ecuador’s biodiversity will suffer if these metals are unearthed before a more careful consideration of the risks.

Read the full text of ‘DTA’s Amicus Curiae here.