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Following a visit to Canada by Ecuadorian President Daniel Noboa and Energy Minister Andrea Arrobo in the context of the 2024 Prospectors & Developers Association of Canada convention , the Ecuadorian Ministry of Energy and Mines issued a procedures manual to regulate the right to
The manual, which is informed by constitutional standards and international treaties for the implementation of prior, free and informed consultation, was issued by Ministerial Agreement 002 on March 6, 2024. The manual states that prior consultation dialogues may lead to the modification of certain mining projects. However, it also highlights that the results of the prior, free and informed consultation process are not binding, which means that the government could choose to greenlight projects even without the consent of the affected communities.
The “organic law reservation” principle states that higher laws are infringed upon when a lower law is issued on a topic that is regulated by the Constitution, as is prior consultation in this case.
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