Historic Legal Decision
In an unprecedented and historic decision, an Ecuadorian court ruled on Sunday that pollution has violated the rights of the Machángara River, which runs through the capital city of Quito. This ruling is grounded in Ecuador’s Constitution, which uniquely recognizes the rights of natural entities, including rivers, to exist free from pollution and degradation.
Government response
The Quito city government has appealed the decision. Despite this, activists and environmentalists celebrated the ruling as a landmark victory. Darío Iza, representing the Kitu Kara group that filed the complaint on behalf of the river, stated, “This is historic because the river runs right through Quito, and because of its influence, people live very close to it.”
Mandate for cleanup
Pending the appeal, the court has mandated that the government formulate and implement a comprehensive plan to clean up the Machángara River. Currently, the river suffers from severe pollution due to the city’s discharge of untreated wastewater and various other contaminants. Quito, with a population of 2.6 million, has historically used the river as a dumping ground, leading to significant environmental degradation.
The Machángara River originates in the Andes mountains but becomes heavily polluted as it flows through Quito. According to the Global Alliance for the Rights of Nature, the river carries away tons of garbage from surrounding gullies and hillsides, with oxygen levels averaging just 2%, which is detrimental to aquatic life.
This ruling underscores Ecuador’s pioneering legal framework that grants rights to natural entities, a concept that remains rare globally. While some regions in Latin America and North America enshrine constitutional rights to a clean environment for their inhabitants, Ecuador stands out for extending these rights to natural features themselves.
Future implications
The outcome of the appeal and subsequent actions by the government will be closely watched, as this case sets a significant precedent for environmental law and the rights of nature in Ecuador and potentially other parts of the world.