Located in Imbabura Province, within the western foothills of the Ecuadorian Andes, the Intag Valley's mountainous terrain, ranging from 600 to 4.000 m above sea level, fosters diverse microclimates and habitats Credit: Arabsalam
In 2023, after almost a decade-long legal battle, communities in the Intag Valley of Ecuador won a significant case after a court ruled to halt copper mining in one of the world’s most biodiverse forests—with the plaintiff being an endangered frog species.
Now, a group of international authors have published a paper outlining Ecuador’s success in legally championing nature in the hopes of inspiring similar cases on a more global—and consistent—level.
Defeated by the frogs
The Andean region of Ecuador is home to around 60% of the country's amphibian species. The community of Junin and its surroundings is home to the last known population of the longnose harlequin frog (Atelopus longirostris—considered extinct until recently), a new rare species of rocket frog (Ectopoglossus sp. “resistencia”), and 20 other threatened amphibian species. Amphibians are crucial ecological indicators due to their heightened sensitivity to environmental pollutants and toxins. They also occupy significant roles within ecological food webs as predators and prey.
However, the Junin community area is heavily impacted by mining. Approximately 20% of land in protected forests is leased for mining, and around 43% of these protected forests are affected by mining concessions. For instance, in 2019, 79% of global metal ore extraction occurred in five of the six most species-rich biomes, with mining volumes in tropical humid and cloud forests doubling since 2000; half of this extraction occurred within 20 km of protected areas.
In 2008, Ecuador passed the “Rights of Nature” within its Constitution, which establishes Nature as a subject with inherent rights and worth beyond its utility to humans. The Rights of Nature also acts as a guiding principle to ensure laws, policies and rulings respect Nature and—critically—ensure the protection of Nature is legally enforceable, obligating both state and citizens.
“The Rights of Nature is a strong and inspiring idea that started in Ecuador," said Amaya Carrasco Torrontegui, senior author and University of Vermont professor. "This approach encourages us to see Nature not just as a resource, but as something alive and deserving of care—drawing on Indigenous wisdom and the idea of Pachamama, or Mother Earth.”
The Rights of Nature is what allowed members of the Junin community (along with biologists, lawyers and other allies) to sue the Codelco mining company on behalf of longnose harlequin frogs and Nature. It may have taken 10 years, but the courts ruled in favor of the frogs and Codelco was forced to cease operations in the Junin area.
To date, additional legal efforts have successfully blocked three more large mining projects in Intag, while the Rights of Nature have prevailed in half a dozen landmark court cases across Ecuador.
“The practical applicability of the Rights of Nature [has been] demonstrated showing that these are not merely symbolic declarations, but rights with real-world legal effects,” says Mario Moncayo, part of the team of sponsoring attorneys in the Llurimagua mining case. “The recognition of the Rights of Nature has allowed individuals and communities to exercise them directly, establishing relevant precedents.”
For example, Bolivia’s Mother Earth Law acknowledges the Rights of Nature within its legal framework. Similarly, New Zealand has granted legal personhood to the Whanganui River and Te Urewera. In Canada, legal recognition of the Rights of Nature has been granted in specific cases, such as the Grassy Narrows First Nation’s land rights, and there are numerous similar cases in Mexico, India, Chile, Argentina and Brazil.
According to the study authors, the Ecuadorian government recently said it plans to concede the Intag Valley area to Hanrine—a company with a controversial record of alleged environmental, ethical and human rights violations. So, even after successful court cases, the Junin community may still end up losing their biodiverse forest.
The study authors are now advocating for a complete mining ban in the area, rather than a ban on just one—or two or three—specific mining companies.
“Resistance to mining in Intag Valley exemplifies the power of community action and international solidarity in pursuing planetary health equity and justice, and a just transition for all,” the authors write in their study, published in Earth System Governance.