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Ecuador : Indicators

2011 > 20 Key Indicators

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Is there a Freedom of Information Act, which has been passed by the government and established in law? Is the Act publically available in full from official sources (websites and/or offices)?  Read the report...

Freedom of Information Law

The Organic Law of Transparency and Access to Public Information was approved in 2004. The Ombudsman is responsible for promoting and overseeing the law, and has published a resolution on its parameters. Read more...
Is there an explicit current document described as the national forest policy? Is the policy document available in full to the public from official sources (websites and/or offices)?  Read the report...

National Forest Policy

Since its design in 2000, the Strategy for Sustainable Forest Development has been evaluated, updated and adapted to the reality of national forest context. This document is the orientating instrument for forest policy in Ecuador. In 2011, the Sub-Secretary of Natural Heritage published a document which explains and defines the model of Ecuadorian forest governance. Read more...
Is there a codified forest law and lower level norms (regulations, procedures, decrees, technical directives etc) that make the forest laws operative? Are the law and supporting norms available in full to the public from official sources (websites and/or offices)?  Read the report...

Codified Forest Laws and Norms

The forest law and norms are available through the webpage of the Ministry of Environment. The Law of Forests and Conservation of Natural Areas and Wildlife, which was codified in 2004, is in the process of being updated. Read more...
Has the country signed an international trade agreement that relates to forest products (logging and other products)? Are the agreements, including official discussions on their content, available in full to the public from official sources (websites and/or offices)?  Read the report...

Signed International Trade Agreements on Forests

Ecuador is a signatory of various international agreements related to forests. It is currently negotiating a Development Trade Agreement with the European Union. Read more...
Are there any forest-specific written laws and regulations that develop the right to access public information on the sector? Are the provisions in laws and regulations available to the public through official websites and other sources?  Read the report...

Provisions for Transparency in Forest Laws

There are no laws or statutes that point to transparency in the forest sector, however, the regulations that govern the sector and the new model of forest governance have requirements related to transparency and access to information. Read more...
Are customary and traditional rights recognised in codified forest law and norms? Are the provisions in the law and norms available in full to the public from official sources (websites and/or offices)?  Read the report...

Legal Recognition of Customary and Traditional Rights

The Constitution as well as the environmental and forest regulations recognises the rights of indigenous peoples and communities in decision-making about development activities in their territories. Read more...
Are there any documented procedures (in the form of regulations, official guidance etc) that lay out the methodology for consultations that should take place regarding new forest-related policies, laws, regulations etc (for example on REDD)? Are the reports from consultation processes available?  Read the report...

Legally Recognised Procedure for Consultation on New Forest-Related Norms

There is a Council of Citizens’ Participation and a law of citizens’ participation, which stipulates the right to free prior informed consultation in articles 81 and 82. At the time of this research, information on the reports of consultation processes cannot be found. Read more...
Is there any law that recognises the right to consent of indigenous peoples and communities on forest uses? Is the law available in full to the public from official sources (websites and/or offices)?  Read the report...

Law Recognising Right to Free Prior Informed Consent

Article 57 of the Constitution of Ecuador 2008 guarantee the right to free prior informed consultation on non-renewable resources, however it does not require consent. Read more...
Is there an explicit current document that sets out the national policy on land tenure, including forest tenure? Is the policy document available in full to the public from official sources (websites and/or offices)?  Read the report...

National Land Tenure Policy

There are various legal bodies that directly or indirectly grapple with the policy of forest tenure. It is worth emphasising that the Land Law is being worked on; to date, the final proposal of the Bill of the Land Law has been elaborated. Read more...
Are there official maps showing current forest ownership by title and/or forest areas where concessions, permits and other authorisations have been granted? Are the maps available in full to the public from official sources (websites and/or offices)?  Read the report...

Land Ownership and Forest Use Maps

Several maps of the areas that are part of the National System of Protected Areas are available on the website of the Ministry of Environment. Some municipalities also have a land registry that approximates land tenure, however these registers are not very precise. Read more...
Is there a formally regulated system of permits for commercial logging operations? Are the contracts/permits granted under the system publically available from official sources (websites and/or offices)?  Read the report...

Regulated Permit System for Commercial Logging Operations

The form of forest concessions does not apply to the forestry context in Ecuador. Forestry contracts between stakeholders (for example, intermediaries y rural landowners) have traditionally been treated as contracts between private entities, which means that they should not necessarily be made public. Read more...
Is there a requirement in the forest law and norms for stakeholder consultation prior to the allocation of commercial logging permits? Are the reports from consultation processes available?  Read the report...

Legal Requirement for Stakeholder Consultation before Allocation of Commercial Logging Permits

In Ecuador there is no allocation of user rights of the forests, which this indicator refers to. The allocation of licences or permits for forestry operations originate from the right of the landowner to use, enjoy and dispose of the elements of the property, amongst them the forest, except in cases where it is a community forest in which the communities carry out internal consultation. Read more...
Prior to the allocation of permits for logging or other extractive use (e.g. mining) of forest land, is there a formal process in the regulations for independent “due diligence” checks to verify the eligibility, suitability and capability (technical and financial) of applicants? Are the findings and conclusions of the verification process made available to the public?  Read the report...

Verification Process (Due Diligence) of the Eligibility of Permit Applicants

People that want to obtain forestry licences have to comply with certain requirements, which would signify that there is a due diligence process. The forestry licences are available after a request for information Read more...
Once a permit or concession has been issued, is there a formal requirement for the completion of forest management plans on the operations? Are the forest management plans available to the public from official sources (websites and/or offices)?  Read the report...

Forest Management Plans

The Ministry of Environment has developed a Forest Administration and Monitoring System (SAF) through which it monitors plans and licences of use and automatically grants timber transportation guides. Currently it is working on the second version of SAF. The plans are available through information requests. Read more...
Is there a formally agreed system for the regulation of environmental services, such as water, carbon and biodiversity, as it affects forests? Are the regulations for the system available to the public from official sources (websites and/or offices)?  Read the report...

Regulation of Environmental Services

Article 74 of the Constitution of Ecuador sets out that “environmental services will not be subject to appropriation; their production, provision, use and operation shall be regulated by the State”. Currently there are on-going discussions on the regulations necessary to implement this article. Read more...
Is there a formal strategic process set out in policy to determine the priorities for land use between forests, mining, large-scale agriculture, infrastructure development and other demands? Is the policy available in full to the public from official sources (websites and/or offices)?  Read the report...

Strategic Environmental Assessment of Development Priorities

There is no policy as such for strategic environmental assessment; however, the National Planning Secretariat has a document that informs and facilitates understanding about the methodology for prioritisation of public investment projects, which is accessible through the web. Read more...
Is there an independent monitor, auditor, ombudsman or any other body with an officially recognised role to scrutinise forest governance and operations? Are reports by the independent body available to the public?  Read the report...

Independent Monitoring of Forest Governance and Operations

There is no organisation contracted in Ecuador to carry out Independent Forest Monitoring. However, the model of forest governance that the Ministry of Environment is in the process of implementing recognises the evaluation and monitoring of forest management as a key element. Read more...
Is there a regulated fiscal system to collect taxes and redistribute royalties from forest operations, or provide subsidies and funding to support forest operations? Are figures on the amounts collected and distributed available to the public from official sources?  Read the report...

Forestry Tax Collection and Funding Systems

There is a no taxation system other than the payment of the “Pie de Monte”, which is a tax that is paid for harvested timber. The closest thing to a system of redistribution is the Socio Bosque Program, which provides an incentive to landowners to conserve forests. Read more...
Is the Forest Authority obliged under the norms to collect information on any infractors of the forest law? Are lists of infractors available to the public from official sources?  Read the report...

Forest Infractions

There is a list of offenders, but this information is not shared among all the institutions with responsibilities for the management of forest resources. Read more...
Is there a requirement set out in the norms for the Forest Authority to produce an annual summary of its activities? Is the report available in full to the public from official sources (websites and/or offices)?  Read the report...

Annual Forest Authority Report

The Ministry of Environment publishes an annual report of activities. The 2011 report presents a section about forest governance. In addition, annual reports are published from the Forest Administration and Monitoring System. Read more...
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