Ecuador -- Petition challenging constitutionality of Mining Law (17 March 2009) (english translation of CONAIE petition)

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CONAIE case challenging Ecuador's Mining Law (2009)

From the petition:

5.    Article 57, Section 17 of the Constitution establishes the right of indigenous communes, communities, peoples and nations to be consulted before any legislative measure is adopted which could affect any of their collective rights.
6.    The Mining Law affects the collective rights of the indigenous nations and peoples because it regulates mining activities in areas granted or to be granted which are located within indigenous territories; and, because it regulates the procedure for consulting the nations and peoples (Art. 90 of the Mining Law). Consequently, before enacting the Mining Law, the previous consultation detailed in Constitution should have been made. 
7.    Furthermore, the decision to enact the Mining Law should have complied with Article 6 of Convention 169 of the ILO regarding Indigenous Peoples and Tribes, to which Ecuador is a signatory:

[Note: A second case was filed against the Mining Law in April 2009 by Accion Ecologica] 

File Attachments: 
Date of the Resource: 
Countries and Regions: South America
Resource Type: Cases
Resource Topic: Indigenous Peoples ILO 169