Conflict between environmental regulations and ancestral property in Ecuador

Abstract

This study sought to examine the legal mechanisms that regulate the relationship between the State and Indigenous communities and evaluate their effectiveness in protecting these communities' rights. Using a qualitative approach based on normative and jurisprudential analysis, the Ecuadorian Constitution, the Organic Environmental Code, the Rural Land Law, and international regulations are examined. The results show that, although the legal framework recognizes collective and environmental rights, its application faces gaps and contradictions, especially in prior consultation and the legal defense of communities against extractive activities. It is evident that in certain cases, economic interests prevail over the protection of Indigenous territories, generating legal tensions and rights violations. The conclusion is that it is necessary to strengthen the implementation of environmental regulations, guarantee access to justice, and promote sustainable development models that balance environmental conservation with the property rights of ancestral communities. It is recommended to improve state oversight mechanisms and systematize case law to achieve effective enforcement of regulations in these Ecuadorian territories.