Análisis jurídico comparativo de los procesos de participación ciudadana en lo referente a los derechos de la naturaleza y la minería en la provincia del Azuay

Abstract

In this research, a comparative legal analysis of two direct democracy processes, which were carried in the province of Azuay, was executed. These processes referred to the protection of Nature’s rights, and the prohibition of mining activities in fresh water sources. Also, with the analysis of both the historical and actual setting of Nature’s rights, and its evolution, combined with the framework set up for participation rights, we manage to put Nature as a subject of constitutional rights and guarantees. Through the contextualization of the political, social, and legal reality regarding the rights of participation and environmental law, the insertion of the biocentric concept in the legal system of Ecuador is demonstrated, and how participatory democracy is used for its protection. The popular environmental consultations of Girón in 2019 and Cuenca in 2021, had the purpose of declaring certain fresh water recharge zones, as free of mining and the right to a healthy environment. In addition, the consultations served so that in Ecuador, the mechanisms of popular participation are considered as serious and effective when it comes to demanding from the state the fulfillment or recognition of certain rights. The results in favor of a healthy environment, where water sources are free of mining, and the rights of nature are respected, were tenacious. The popular will expressed its rejection of this activity, which requires the state to expedite regulations and comply with this expression of democracy.