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Unjust Democracy: Unconstitutional Practices and Neocolonial Policies in the Ecuadorian Amazon.
Presenters: Joyce Sanchez & Rafael Navarette. The situation in which the indigenous nationalities of the Ecuadorian Amazon rainforest lives are becoming more and more difficult due to the persistent environmental contamination in various sectors of the Amazon territory. This has led to intense social mobilizations of the Amazonian indigenous people in consistent claims to the State regarding its absence as a protective agent in the face of the eminent environmental contamination caused by the companies that extract natural resources. Ecuador's environmental legislation in its entirety and without any contradiction protects the right of civil society to participate in decision-making in the exploitation of said natural resources. Thus, several articles promote the participation of communities in the formulation and planning of extraction; the participation of civil society in the Decentralized System of Environmental Management on environmental management and natural resource management is established. Furthermore, however, we understand that aboriginal communities find state absenteeism as well as the lack of space for them in decision-making as a flagrant violation of Ecuador's environmental legislation. The violation of the bilateral contracts between extracting companies and the State fall into the frontal infringement of the Ecuadorian environmental law and its Constitutional Charter, the constitutional and human rights of citizens against the native Ecuadorian indigenous populations, as well as against the State's own territorial patrimony, then lead this investigation to the following questions: What are the gaps between what is written in the law and the applied reality of said environmental legislation? How can these gaps be closed so that Ecuador's current environmental legislation becomes a reality and is not simply a legislative rhetoric?

Oct 11, 2021 04:30 PM in Eastern Time (US and Canada)

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