Click the link to read the summary on the Eco Jurisprudence Monitor website:

Summary

On July 5 2024, a court in Quito, Ecuador ruled that the Machángara River, which runs through the city, is a subject of rights. The Machángara River case was filed as a Protection Action by the Kitu Karu Indigenous people to address the serious pollution of the river. The fundamental rights that have been affected by this situation include the rights of nature, the right to water, a healthy environment, sanitation and health, as well as the right to the city. The court recognized that since the river is alive, it is subject to rights under the Constitution of Ecuador, which establishes that nature possesses a right to protection, promotion, and restoration. The Constitutional Court of Ecuador previously recognized that rivers are protected under Chapter 7 of the Constitution in 2022.

The judge determined that the Municipality of Quito had breeched the rights of the Machángara River by failing to treat 98% of wastewater that runs into the river from the municipality. As a result of this decision, the judge ordered the implementation of a decontamination plan, following the precedents established by the Monjas River ruling in the north of the city. This plan must include specific measures to reduce the levels of contamination, in addition to considering alternative and sustainable solutions for water treatment. The Municipality of Quito will have to manage the available resources and request financial support from the central government to expand these projects. This ruling must be complied with immediately and the municipality must start implementing the necessary measures for the decontamination of the Machángara River without delay.

The municipality filed an appeal against this decision and the litigation will continue in the Provincial Court of Justice.