Constitutional Judge Rejects Constitutional Protection Action against Mining Projects in Loja

March 29th, 2022

By oral judgment of 28 March 2022, the constitutional judge of the civil judicial unit based in the canton of Loja, province of Loja rejected the constitutional protection action filed by a group of members of the community of Gualel against 4 mining concessions (hereinafter the “Concessions“), determining that it will provide its decision in writing in the coming days, whose main points are summarized below:

  1. It was demonstrated in the process that there is no serious and irreparable damage during the initial exploration stage of the Concessions, neither to the environment nor to water, so there is no violation of constitutional rights.
  • It was not demonstrated that there is scientific uncertainty regarding the initial exploration activities in the Concessions, so it is not appropriate to apply the precautionary principle as argued by the plaintiffs.
  • The environmental permits of the Concessions were issued following current regulations.

The plaintiffs appealed the decision, and they will have 3 days from the notification of the judgment in writing to substantiate their appeal. The Provincial Court of Loja will hear the action.



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