A historic victory for the rights of nature in South America! An Ecuadorian court has ruled that pollution violates the rights of the Machángara River, which flows through the nation's capital, Quito. This ruling is rooted in Ecuador's unique constitutional recognition of the rights of nature.
The Machángara River, originating high in the Andes mountains, winds its way through Quito, a bustling city of 2.6 million people. Despite its ecological and cultural significance, the river has suffered severe pollution due to untreated wastewater and effluents. This degradation has led to critically low oxygen levels, making it nearly impossible for aquatic life to survive.
Darío Iza, representing the Indigenous group Kitu Kara, which filed the complaint on behalf of the river, highlighted the ruling's significance: "This is historic because the river runs right through Quito, and because of its influence, people live very close to it." This decision marks a critical step towards holding polluters accountable and ensuring that the natural world has a voice in the legal system.
The city government has appealed to the ruling, but it must also develop a comprehensive plan to restore the health of the Machángara River.
Ecuador's constitutional provision, recognising the rights of nature not to be degraded or polluted is a powerful precedent. It extends beyond the traditional human-centred approach to environmental law, acknowledging the intrinsic value and rights of ecosystems.
"Nature or Pachamama, where life is reproduced and carried out, has the right to have its existence and the maintenance and regeneration of its vital cycles, structure, functions and evolutionary processes fully respected". - Extract from the Constitution of Ecuador - article 7 of chapter 7.
