Court Rules Pollution Violates River’s Rights

In 2008, Ecuador became the first country in the world to recognise the rights of Nature in its national constitution. Last week, a judge ruled that pollution in the country’s Machángara River violates its legal right not to be polluted or degraded.

The Machángara River starts in the Andes and runs through Quito, the densely-populated capital city of Ecuador. There, the river becomes contaminated with rubbish, sewage, chemicals, oil and often-untreated waste water. Its waters have average oxygen levels of 2%, making it hard for aquatic life to survive.

Blanca Ríos, an aquatic ecologist and professor at the University of the Americas has been studying the Machángara for 20 years. She told Primicias that one study indicated that the river’s waters are “similar to a sewer in a city as big as Paris.” She continued, “what is happening with the Machángara is alarming because it should not be full of bacteria and chemicals, but rather full of animal and plant life because it runs through almost the entire city.”

A complaint was filed on behalf of the river by the Kitu Kara Indigenous people and the judge ruled that the Quito municipality is responsible for violating the river’s rights. Whilst the city government is appealing the ruling, the court ruled that they must start making plans to clean up the Machángara immediately.

This historic development is a powerful example of the real difference legal rights for Nature can make to the world's precious resources  – and the people and animals who depend on them.