The Impacts of the Rights of Nature: Assessing the Implementation of the Los Cedros Ruling in Ecuador
In 2021, the Constitutional Court of Ecuador issued a landmark ruling which, in essence, it found that mining and other extractive activities in the Los Cedros Forest violated the rights of nature. As a result, the Constitutional Court revoked mining licenses that had been issued for areas within Los Cedros and banned extractive activities within the confines of the Forest Reserve.
Yet, innovative and compelling rulings like Los Cedros are not sufficient, in and of themselves, to protect the rights of the more-than-human world. Equally important is the effective implementation of those decisions, which ultimately determines whether they make a difference on the ground. Therefore, protecting the rights of the more-than-human world—or “more-than-human” (MOTH) rights—requires paying close attention to the implementation of rulings as well as continued efforts to hold governments and private actors accountable to those rights.
“The reports shows that the enforcement of the rights of nature and rulings like Los Cedros can be effective tools to protect endangered ecosystems whose survival and flourishing are essential to addressing the triple ecological crises of global warming, biodiversity loss, and pollution.”
The NYU MOTH Project published The Impacts of the Rights of Nature: Assessing the Implementation of the Los Cedros Ruling in Ecuador to assess the implementation and the level of government and corporate compliance with the Constitutional Court’s orders in the Los Cedros ruling.
This report is based on a combination of qualitative methods, including two field visits to the Los Cedros Forest (in October 2022 and May 2024), a systematic review of primary and secondary sources, as well as interviews with key actors in the enforcement of the ruling. Compliance scores have been assigned to evaluate the current level of implementation of each court order. Each score is accompanied by an analysis of the factors that make up each order’s implementation status.
Through this report, the NYU MOTH Project seeks to provide an empirical and legal baseline for efforts to monitor the implementation of this landmark decision
Through this report, the NYU MOTH Project seeks to provide an empirical and legal baseline for efforts to monitor the implementation of this landmark decision. In addition to documenting the status of the ruling and the situation on the ground, the report aims to bolster the protection of the forest, the rights of the humans and nonhumans that rely on it, and the international recognition of this decision as a key precedent in the legal advancement of nature’s rights.
The reports shows that the enforcement of the rights of nature and rulings like Los Cedros can be effective tools to protect endangered ecosystems whose survival and flourishing are essential to addressing the triple ecological crises of global warming, biodiversity loss, and pollution. Unlike many other forests and ecosystems that have succumbed to the pressure of mining and other extractive projects in different parts of the world, Los Cedros remains a source of water and life for humans and nonhumans, thanks to the protection provided by the Constitutional Court’s orders. As explained in the report, NYU MOTH’s study found that mining operations have indeed stopped in Los Cedros and no mining infrastructure remains in the area.
However, the implementation of the Court’s ruling is still incomplete and there remain important challenges for the long-term survival and protection of Los Cedros. This report identifies implementation gaps associated with the Ecuadorian government’s actions and omissions, threats to the forest stemming from mining activities in surrounding areas, and insufficient support for the scientists and community members who have dedicated their work and life to the protection of the forest.
The report thus concludes with recommendations for a range of relevant actors, from the Ecuadorian government, civil society, and scientific community to international agencies and organizations. If Los Cedros is to remain an icon of biodiversity protection and the rights of nature worldwide, they will all have to redouble their efforts to implement the ruling and protect the forest.