In the referendum of August 20, 2023, during the regime of Guillermo Lasso, 59% of voters decided to keep the existing oil in the ITT block underground (in the subsoil) because it includes the Ishpingo, Tambococha and Tiputini fields. The removal of the infrastructure is the responsibility of the current regime of Daniel Noboa, but there are obstacles.
The dismantling of the infrastructure installed for the exploitation of the ITT block located in the Yasuní National Park, in the province of Orellana, is one of the bottlenecks facing the new Minister of the Environment, Inés Manzano.
In the referendum of August 20, 2023, during the regime of Guillermo Lasso, 59% of voters decided that the oil in the ITT block should remain underground (in the subsoil) because it includes the Ishpingo, Tambococha and Tiputini fields.
As it is a popular mandate that must be complied with, the removal of the infrastructure is the responsibility of the current regime of Daniel Noboa, but there are obstacles.
In an interview with Carlos Vera, Manzano said that he accepts the position with 157 rulings from the Constitutional Court (CC), which “are the new legal framework apart from the Constitution, the Environmental Organic Code and any other law that has environmental issues” that mark the path of his actions.
Regarding the legal framework of the Constitutional Court, he hinted that it has inconsistencies. “I think that for that, one also needs to have a bit of order and give concepts and tell the (Constitutional) Court what can and cannot be done with the ITT issue,” Manzano said.
"The most urgent thing is to comply with the sentences and see which ones could still better structure the defense. One of the things that has been done is to notify the Constitutional Court of the problems we are facing."
The dismantling requires a new environmental license, says Manzano, and according to the current regulations, this new environmental license also requires a prior, free and informed consultation with those who are in favor of exploiting the ITT, he revealed.
“Yes, I need to dismantle an environmental license and I need to make a consultation. The same Constitutional Court has prohibited me from making a consultation through a ruling that declared Decree 754 unconstitutional; therefore, they have to look at their own navel and see if they have to review their jurisdictional precedent,” he said.
In judgment No. 51-23-IN/23, the CC upheld an action of unconstitutionality of Executive Decree No. 754, which reformed the regulations of the Organic Code of the Environment.
The complaint recognized that citizen participation, consulting subjects, consulted subjects, time periods, assessment criteria and objection criteria of the environmental consultation must be regulated through an organic law in accordance with the provisions of Article 398 of the Constitution. For this reason, the Court determined that those aspects of the environmental consultation cannot be regulated through a regulation.
Manzano said that the CC has to analyze what it will do about it. “It bothers me that the Court has done things that were not its responsibility. I asked for a hearing and I am going to explain how they should act at this time.”
“Additionally, they should not wait for them to file an unconstitutionality action against me for non-compliance with the ruling, but they have to resolve it because, as a national government, I am asking them, this is my situation, I am going to do it, I have already started to shut down some of the wells, but I need them to intervene and tell me about the rest of the things, which is the dismantling,” he said.
Manzano acknowledged that efficiency is needed in environmental public management.
And that one of its priorities is water.
“Many things come from water: the issue of illegal mining, which I have in mind, and additionally the opportunity to rescue all the water projects that we have as an authority and that can be done with the water boards, to improve the issue of biodiversity protection, especially of the grasslands. It sounds impossible to achieve, but we are going to do it,” he said, referring to the fact that Noboa would have eight months left in office, although he then said that he believed he would be reelected. (I)
