A court in Quito ruled that the Machángara River, which runs through the city, possesses rights under the Constitution of Ecuador, making the municipal government responsible for keeping it free from pollution, a local civic advocacy group reported July 5.
The court recognized the river as a living entity, subject to rights under Chapter 7 of the Constitution, which establishes that nature possesses a right to protection, promotion and restoration. The provision states that “all persons, communities, peoples or nations are able to call on public authorities to enforce the rights of nature.” The Constitutional Court of Ecuador in January 2022 recognized that rivers are protected under Chapter 7.
The Machángara River case was filed as a protection order by civil society groups, includingthe Kitu Karu indigenous people. The judge ruled that Quito had breached the river’s rights by failing to treat 98% of wastewater that runs into the river from the municipality.
Under the protection order, the municipality must create and implement a recovery plan for the river. The court also stated that Quito is obliged to work with civil society to carry out recovery efforts. The municipality released a decontamination strategy after the ruling, that centers on constructing three new wastewater treatment plants.
The municipality has also filed an appeal with the Pichincha Provincial Court. While the appeal is being heard, the municipality must comply with the existing ruling.
From Jurist, July 8. Used with permission.
Courts in India have also ruled that rivers are “living entities,” while Bolivia has similary enshrined the “rights of nature” in its constitution.
Photo: Plan V
