Concesiones mineras y su otorgamiento frente a los derechos colectivos: aplicabilidad de la sentencia 273-19-JP/22 a comunidades amazónicas del sur

Abstract

The protection and guarantee of collective rights in ancestral communities is linked to mining concessions, which is why this work will identify the main actions or omissions incurred by the Ecuadorian State in its role as maximum guarantor of the rights of collectives. As a result of possible violations of third generation rights, the social and cultural conditions of the Shuar Arutam people will be described, in whose communities extractive activities are carried out without suitable participation mechanisms being implemented in Ecuador for the different phases of a prior consultation, free and informed, figure enshrined in the Constitution of the Republic and international human rights instruments. In this sense, it is intended to carry out a current diagnosis of the guarantees that the State must attend to and apply to the holders of these rights, when their interests are affected by mining plans and projects. Within this framework of compliance with constitutional precepts, an analysis will be carried out regarding infra-constitutional norms that have been implemented to regulate the processes of granting concessions, which must be consistent and in harmony with the supreme norm and that state interests are subordinated to the rights of the subjects.