Responsabilidad ambiental y social de compañías extranjeras en Ecuador

Abstract

This academic article presents the results of research on the environmental social responsibility of foreign companies involved in mining and oil operations in rural areas and cities in Ecuador. Articles 71 and 74 of the Constitution of the Republic of Ecuador (2008) attribute protectable rights to nature as a legal asset, establishing that all persons, whether collective, natural-legal, national or foreign companies, are obliged to respect its integrity and not abuse the extraction of natural resources. In addition, Ecuador adopts the most protective environmental model in the Andean region, stating that the State will protect the natural environment and its communities and peoples, and that all extraction operations must have a system of organization and systematization, minimize risks, and prioritize environmental interests over any popular economic benefits. At the legislative level, the Mining Law (2009), the Hydrocarbons Law (1978), and the Organic Environmental Code (2017) implement constitutional mandates. The Mining Law establishes regulations for concessionary companies that must be implemented in environmental management plans, ecological restoration, mine closure, and the process of citizen participation in all phases of the project. In addition, the Hydrocarbons Law imposes strict obligations related to spill prevention. The Organic Environmental Code (COA, 2017) introduces a regulatory framework that implements environmental management, such as licenses for audits and impact assessments of mechanisms for social participation and administrative, civil, or criminal liability for environmental damage. As a result of the research process, this academic article adopted a mixed methodological approach, combining quantitative and qualitative methods, which allowed for a comprehensive analysis and interpretation of the reality studied. In addition, surveys were conducted in communities affected by mining and oil extraction activities in order to examine how foreign companies manage control mechanisms aimed at mitigating social and environmental impacts.