Report on the Proposed Law for the Recovery of Protected Areas and Its Impact on Sustainable Development Goals in Ecuador

Introduction

Indigenous Peoples and nationalities in Ecuador have historically protected and managed the country’s natural heritage long before the establishment of the State and its protected areas. This ancestral stewardship aligns closely with several Sustainable Development Goals (SDGs), including SDG 15 (Life on Land), SDG 13 (Climate Action), and SDG 16 (Peace, Justice, and Strong Institutions).

Constitutional Framework and Rights of Nature

The Ecuadorian Constitution, through Articles 404, 405, and 406, mandates the protection, conservation, recovery, and promotion of the country’s natural heritage, encompassing diverse ecosystems such as moorlands, wetlands, cloud forests, tropical forests, mangroves, and marine environments. Crucially, Ecuador became the first country worldwide to recognize Nature as a subject of rights under Article 71, granting Nature the right to exist, regenerate, and maintain vital cycles.

Indigenous Peoples’ Connection to Nature and SDGs

• Recognition of the intrinsic link between Indigenous Peoples and their territories supports SDG 15 and SDG 11 (Sustainable Cities and Communities) by promoting sustainable land management and cultural preservation.
• The constitutional protection of Indigenous collective rights and territories aligns with SDG 10 (Reduced Inequalities) and SDG 16 by ensuring participation and respect for Indigenous governance systems.

Government Proposal and Its Implications

On June 14, 2025, the Ecuadorian government proposed the “Law for the Recovery of Protected Areas and the Promotion of Local Development,” aiming to privatize protected areas and allow private companies to exploit natural resources as part of an economic recovery plan.

Key Concerns

1. The bill overlaps nearly five million acres of ancestral Indigenous, Afro-Ecuadorian, and Montubian territories without acknowledging their rights or participation, contravening SDG 16 and SDG 15.
2. The expedited legislative process violates the right to Free, Prior and Informed Consent (FPIC) of Indigenous Peoples, undermining SDG 16 and international human rights commitments.
3. The bill threatens the survival of Isolated Indigenous Peoples in Initial Contact (PIACI) within Yasuní National Park, jeopardizing SDG 3 (Good Health and Well-being) and SDG 15.
4. Privatization risks militarization and abrupt changes to protected areas, facilitating extractive activities that conflict with SDG 12 (Responsible Consumption and Production) and SDG 13.

Violation of National and International Commitments

• The proposal disregards constitutional mandates and international treaties, including the United Nations Declaration on the Rights of Indigenous Peoples and ILO Convention 169, which protect Indigenous rights and biodiversity.
• It undermines Ecuador’s commitments to biodiversity conservation and sustainable development under SDG 15 and SDG 13.

Demands and Calls to Action

1. Rejection of the Proposed Law: The National Assembly is urged to reject the bill as unconstitutional, ineffective, and harmful to Indigenous rights and environmental sustainability.
2. Constitutional Court Intervention: The Court should act preventively to safeguard human, collective, and Nature’s rights in accordance with constitutional principles.
3. International Alert: Global organizations dedicated to human rights, collective rights, and environmental protection are called upon to monitor and respond to violations of democratic and constitutional norms in Ecuador.

Supporting Organizations

• Ceibo Alliance
• Amazon Frontlines
• Andema Kañasûndekû Cofan Bermejo
• Confederation of Indigenous Nationalities of Ecuador (CONAIE)
• Ancestral Community of A’i Cofán Sinangoe
• Federation of Indigenous Organizations of Napo (FOIN)
• Achuar Nationality of Ecuador (NAE)
• Kichwa of Pastaza Nationality (PAKKIRU)
• Sapara Nation of Ecuador (NASE)
• Shiwiar Nationality of Ecuador (NASHIE)
• Siona Nationality of Ecuador (ONISE)
• Siekopai Nationality of Ecuador (NASIEPAI)

References to Legal Framework

1. Article 71 of the Ecuadorian Constitution affirms the rights of Nature and the authority of communities to demand their fulfillment. Source
2. Article 57 of the Constitution guarantees Indigenous Peoples’ right to consultation prior to legislative measures affecting their rights, reinforced by Constitutional Court ruling No. 20-12-IN/20.
3. Constitutional Court Judgment No. 20-12-IN/20 emphasizes the necessity of prior consultation and consent for decisions impacting Indigenous property rights.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 13: Climate Action – The article discusses the protection of fragile and threatened ecosystems, which is essential for climate change mitigation.
2. SDG 15: Life on Land – Emphasis on protecting biodiversity, ecosystems, and natural heritage aligns with this goal.
3. SDG 16: Peace, Justice, and Strong Institutions – The article highlights issues of rights, consultation, and governance related to Indigenous Peoples and legal frameworks.
4. SDG 10: Reduced Inequalities – The protection of Indigenous Peoples’ rights and territories addresses social inclusion and equality.
5. SDG 1: No Poverty – The article references economic recovery plans and the impact on Indigenous communities’ livelihoods.

2. Specific Targets Under Those SDGs Identified

• SDG 13 – Target 13.2: Integrate climate change measures into national policies, strategies, and planning. The article’s focus on ecosystem protection supports this integration.
• SDG 15 – Target 15.1: Ensure the conservation, restoration, and sustainable use of terrestrial and inland freshwater ecosystems and their services.
• SDG 15 – Target 15.2: Promote the implementation of sustainable management of all types of forests and halt deforestation.
• SDG 16 – Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all, including Indigenous Peoples.
• SDG 16 – Target 16.7: Ensure responsive, inclusive, participatory, and representative decision-making at all levels, particularly respecting Free, Prior and Informed Consent (FPIC) of Indigenous Peoples.
• SDG 10 – Target 10.2: Empower and promote the social, economic, and political inclusion of all, including Indigenous Peoples.
• SDG 1 – Target 1.4: Ensure that all men and women, particularly the poor and vulnerable, have equal rights to economic resources and access to basic services.

3. Indicators Mentioned or Implied to Measure Progress

• Indicator for SDG 15.1.1: Forest area as a proportion of total land area. The article’s focus on protected areas and forests relates to this indicator.
• Indicator for SDG 16.7.2: Proportion of population who believe decision-making is inclusive and responsive, particularly regarding Indigenous Peoples’ participation.
• Indicator for SDG 10.2.1: Proportion of people living below 50% of median income, by Indigenous status. Implied through discussion of Indigenous Peoples’ rights and economic impacts.
• Indicator related to FPIC: Number or proportion of legislative or administrative measures adopted with Free, Prior and Informed Consent of Indigenous Peoples, implied through the article’s emphasis on consultation rights.
• Indicator for SDG 15.2.1: Progress towards sustainable forest management, implied by concerns about privatization and extractive activities.

4. Table of SDGs, Targets, and Indicators

Source: amazonfrontlines.org