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Leaders face extreme intimidation ahead of controversial referendum: 'All of this is being systematically trampled on'

"It would put at risk all of the rulings of the past."

Indigenous and environmental leaders in Ecuador say they're being harassed and investigated by their own government ahead of a national referendum.

Photo Credit: iStock

Indigenous and environmental leaders in Ecuador say they are being harassed and investigated by their own government ahead of a national referendum that could undo decades of environmental protections, according to The Guardian.

What's happening?

The vote, set for Nov. 16, will focus on whether to rewrite Ecuador's constitution, which is currently the only one in the world that grants legal rights to nature.

President Daniel Noboa, whose administration has pushed for expanded mining and construction projects, claims the existing constitution blocks national development and security goals. 

Critics, however, see his proposed rewrite as a move to weaken courts and sideline environmental safeguards.

Dozens of activists, academics, and journalists have reportedly faced bank account freezes and investigations for what officials have called "unjustified private enrichment." Several Indigenous groups say this is part of a coordinated campaign to silence opposition. 

"All of this is being systematically trampled on by the government," said Alberto Acosta, who helped draft the 2008 constitution.

Why is this intimidation important?

If approved, the referendum could reshape the country's balance of power, stripping protections from some of the world's most biodiverse lands, including the Galápagos Islands and Yasuní National Park.

Ecuador's constitutional court, which has blocked several of Noboa's pro-extractive laws, would be especially vulnerable. 

Legal experts warn that the reforms could allow the president to replace judges and roll back key rights of nature rulings, such as the 2021 Los Cedros decision, which protected a rare cloud forest from mining.

Environmental advocates fear the consequences would extend beyond Ecuador. 

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The country's constitution has been a global model for eco-jurisprudence, inspiring movements in countries like Bolivia and New Zealand to recognize ecosystems as legal entities. Weakening it, they say, could embolden other governments to do the same.

What's being done about it?

Civil society groups, including the Pachamama Foundation and the Confederation of Indigenous Nationalities of Ecuador, are organizing nationwide demonstrations and urging international observers to monitor the referendum process. 

Legal scholars are also appealing to the Inter-American Court of Human Rights to investigate what they call "state intimidation" of activists and judges.

"They want to reform or replace the constitution so they can impeach constitutional judges," said judge Agustín Grijalva, who played a key role in the Los Cedros ruling. 

"They will have their own court. And that is very dangerous for democracy and also for nature. It would put at risk all of the rulings of the past."

Globally, similar efforts to strengthen environmental protections — like Chile's constitutional reforms and Panama's Rights of Nature law — show that progress remains possible even amid political setbacks.

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