Socio-environmental conflicts and constitutional guarantees in intangible territories of Ecuador: an analysis in the face of oil and mining expansion

Abstract

This article examined the tension between the current extractive model in Ecuador and the effectiveness of constitutional guarantees in the face of socio-environmental conflicts, with an emphasis on the intangible territories of the Amazon. Although the 2008 Constitution recognized the collective rights of indigenous peoples, the rights of nature, and the obligation to free, prior, and informed consultation, in practice these advances were violated by the expansion of oil and mining activities promoted by the State under the guise of economic development. The objective of this study was to critically analyze the effectiveness of constitutional guarantees in the face of socio-environmental conflicts arising from extractive expansion in territories declared intangible. The research was conducted using a qualitative, exploratory, descriptive, and analytical approach, integrating doctrinal analysis, regulatory and jurisprudential review, as well as the study of emblematic cases, such as the Yasuní ITT block, recognized for its ecological and cultural significance. The results showed that, despite an internationally recognized constitutional and legal framework, its effective implementation was limited by the absence of specific secondary legislation and institutional weakness. It was concluded that it was urgent to strengthen the binding nature of prior consultation, reinforce the technical and administrative capacities of the State, and ensure strict compliance with the rulings of the Constitutional Court, in order to guarantee effective respect for collective rights and the rights of nature in the face of the advance of extractivism.