A court in Quito, Ecuador ruled that the Machángara River, flowing through the city, is entitled to rights, making the municipal government of Quito accountable for pollution. The decision recognizes that the river, as a living entity, falls under the Constitution of Ecuador, which affirms nature’s rights to protection, promotion, and restoration. According to the Constitution, Chapter 7 establishes these rights, allowing anyone to request public authority intervention to enforce nature’s rights.
The court’s ruling stems from a protection order filed by civil society, including the Kitu Karu Indigenous people. The applicants successfully demonstrated that the river’s rights had been violated, leading to the judge’s determination that Quito breached these rights by failing to treat 98% of wastewater entering the river. As part of the accepted protection order, the municipality is now required to create and implement a recovery plan in collaboration with civil society. This effort includes constructing three new large wastewater treatment plants, as reported by Quito Informa.
The municipality has appealed the ruling with the Provincial Court. However, compliance with the current ruling is mandatory during the appeal process. More details about the ruling and its implications can be found on JURIST.