The Pre-legislative Consultation and the Expansion of the Intangible Area of the Yasuni National Park

Abstract

In its ruling No. 28-19-IN/22, the Ecuadorian Constitutional Court partially accepted an action of unconstitutionality filed against Executive Decree No. 751, through which the intangible zone of the Yasuní National Park was expanded, and its buffer zone was redefined. The Court declared the constitutionality of articles 1 and 2 of the Decree, for being aligned with the essence of the norm and not contravening the analyzed constitutional principles, while it declared articles 3, 4, 5, 6, 8 and 9 unconstitutional, because of the lack of pre-legislative consultation with the contacted indigenous peoples affected by them.