When the River Claims Justice: Ecological, socio-legal analysis and community assessment of Dulcepamba restoration measures.

Since 2008, Ecuador has been the world’s pioneering country in recognizing the rights of nature within its Constitution, adopting a revolutionary framework that promotes coexistence between humans and nature through the principle of sumak kawsay (good living). This shift transforms the traditional understanding of legal rights to include nature as a subject with its own legal standing. In Ecuador, the line of landmark cases evolved from the first case of “El Verdum” Mangrove (2015), which offered soft recognition, to the “Los Cedros” Forest case, which recognized the rights of nature and granted the forest its right to reparation. This ruling paved the way for further protection and restoration of natural ecosystems in Ecuador, especially in cases involving rivers, which are often damaged by water contamination and reduced flows caused by extractive activities and public negligence. This investigation focuses on the conflict surrounding the Dulcepamba River, which has been in conflict since 2003 due to the actions of a hydroelectric company. The company’s operations caused direct harm to both the river and the San Pablo de Amalí local Community, in Bolivar province. For over two decades, this community has struggled against the hydroelectric plant’s impacts, including the river´s antropic diversion and the loss of human lives and their lands. The Constitutional Court of Ecuador selected the Dulcepamba River case in 2019, recognizing its potential to contribute to binding jurisprudence on the rights of nature. While the Court has been petitioned for reparation measures for both the river and the community, the case remains pending a final hearing. Over the years, numerous scientific, technical, and social studies have highlighted the river's vital role in maintaining ecosystem cycles and emphasized the close connection between the river and the local community. The main goal of this research is to examine how the Court can effectively implement reparation measures that address both the river's ecological needs and the community's rights, based on these studies and the community mapping and participation involved in restoring the river. By ensuring the river’s rehabilitation, it can continue to perform its ecological functions, which is especially important given the global climate crisis.