Decree 751 of 2019, which Delimits the Tagaeri Taromenane Intangible Zone and its Effect on the Collective Rights of the Communities

Abstract

The Constitution of the Republic of Ecuador, in force since 2008, establishes the rights of indigenous communities and nature, the Executive Decree No. 751 of 2019, extends the buffer zone and makes a new delimitation of the Intangible Zone Tagaeri Taromenane, ZITT. This paper analyses Executive Decree No. 751 of 2019, and its effect on the collective rights of indigenous communities and the conservation of their territory from a legal perspective. To this end, a bibliographic search of the regulatory framework was carried out, followed by a historical comparative analysis between Executive Decrees No. 552 of 1999, No. 2187 of 2007 and Executive Decree No. 751 of 2019. The main findings show that, although the Decree under study expanded the ZITT with respect to its initial delimitation, it violated the rights of nature and peoples by allowing hydrocarbon exploration and processing activities in the buffer zone, so much so that the Constitutional Court declared it unconstitutional through Ruling No. 28-19-IN/22. In view of the above analysis, it is concluded that prior to the promulgation of a decree there should be a more in-depth analysis of all legal aspects and the consequences of its application on the rights of nature and the affected communities.