RE: Court case - lawyers involved4 Jun 2019 11:54
S. Gambo Valladres, an Ecuadorian lawyer who has served as a senior executive in various Ecuadorian telecommunications, energy and resource companies, including the state mining company ENAMI, considers that the petition is deeply flawed and should be rejected by the Constitutional Court: see this link - http://www.elmonominero.com/2019/06/03/corte-analiza-nueva-consulta-antiminera/.
The petition asks: "Are you in agreement with the mining exploitation in the territories of the communities settled in the parishes of Lita, Carolina Jijón and Caamaño, and Goaltal? YES / NO? "
“These parishes are based in the provinces of Imbabura and Carchi. The Constitutional Court has convened the Sectorial Ministry, Decentralized Governments, private companies, organizations, and all persons interested in participating in the prepared procedure.”
In his analysis Valladares notes:
• the range of State and commercial bodies and organisations opposed to the petition, the loss of inward investment and job creation. SOLG is mentioned specifically.
• that the character and past history of the petitioner is irrelevant to the hearing as the Court can, as he puts it, only consider dimensions which are as he puts it “..framed exclusively in the provisions of the Law on Constitutional Guarantees and Constitutional Control..”
• That consideration must first establish “.. -the form- whether its content is clear and loyal to the future voters, and then, if -the fund - violates any constitutionally guaranteed right. (I think “fund” probably means “find”, i.e. find if the petition).
• Valadares analysis of the petition, and his conclusion, are as follows (Google translate):-
1. "You agree ...", the proposed text - it is not clear - must establish the scope of what is being asked and its effects on the national legal system (see Article 105 No. 4, LOGJCC). It is not about knowing the opinion of the voter or his concerns, since that is what the Prior Consultation consists of within the Constitution.
2. "... with exploitation ...", the text -not loyal- refers to one of the eight phases of the mining activity (Article 27, Mining Law), consequently, it is not consulted about exploration, benefit, casting , refining and other phases.
3. "... mining exploitation ...", again the text -not clear- refers indistinctly to the "mining" activity, without establishing whether it refers to the metallic or non-metallic, and within those, to the small, medium or large scale -data not less considering that it pretended to be an artisanal miner-, or if it also includes the arid and stony, the latter of municipal competence (Article 264, num.12, COOTAD).
4. "... communities settled in the parishes of Lita, Carolina Jijón and Caamaño, and Goaltal?", The proposed text establishes a reference of "communities" that do not maintain an independent form of government (see article 94 of COOTAD), and also groups to several of them (even from different provinces) which would prevent their