Rights of the Machángara River upheld by Ecuador's highest court

The Constitutional Court of Ecuador has ruled that systematic pollution violates the Machángara River's rights, which flows through the country’s capital. The city authorities of Quito appealed the verdict, but the court set strict conditions.

In an unusual ruling, the Constitutional Court in Ecuador decided on July 7 at 2:00 p.m. (Eastern Time) that the pollution violated the rights of the river flowing through the country’s capital, Quito. This was possible because Ecuador is one of the few countries recognizing the right of natural environmental elements not to be degraded or polluted.

Activists from the Kitu Kara group filed the complaint. At a press conference, its representative, Darío Iza, stated: "This is a historic decision because the river flows through Quito and due to its impact - people live very close to it." The capital's authorities appealed the verdict based on Ecuador's constitution. However, the court ruled that even during the appeal process, the city hall must present a plan for cleaning the Machángara River.

With a population of 2.6 million, the city discharges all sorts of sewage and pollutants into the river, which originates high in the Andes. Even before it flows through Quito, it encounters problems such as the almost total lack of sewage treatment for waste dumping into it. The average dissolved oxygen level in the Machángara is 2 milligrams per litre (mg/L), which prevents the proper development of aquatic life.

Many international environmental protection groups celebrated the groundbreaking verdict. The Global Alliance for the Rights of Nature wrote on Instagram: "Historic victory for the rights of nature: the Machángara River in Ecuador has been recognized as a subject of rights! This decision represents a breakthrough in the protection and decontamination of one of the most vulnerable rivers in the country."

In 2022, the United Nations General Assembly adopted a resolution that grants every human being the right to live in a clean, healthy, and ecologically balanced environment. Out of the 193 countries eligible to vote, 161 supported this important initiative, with eight abstaining. This decree has yet to be reflected in Canadian legislation.