Ecuador : Indicators

The Organic Law on Transparency and Access to Public Information (LOTAIP) was approved in 2004. The Public Ombudsman is responsible for promoting the law and ensuring that its requirements are complied with by the public institutions. Some progress has been made, but improving the level of transparency is still a challenge to be met. In 2012, the Ombudsman adopted a number of strategies to improve compliance and disseminate the right of access to public information. Read more...

The Under-Secretariat for Natural Heritage at the Ministry of Environment published a document in 2011 explaining and defining the model for forest governance in Ecuador. In 2012, the Secretariat for forest production at the Ministry of Agriculture, Livestock, Aquaculture and Fisheries has been working to create a national forestation and reforestation policy. Read more...

There are numerous laws connected with the environment sector which are available to the general public on the Ministry of Environment website. These regulations tend to incorporate principles of sustainability. The need to have an Environmental Code in tune with the principles of the 2008 Constitution has been raised, which would entail a new institutional structure for environmental issues, but to date the government has published no further information on this process. Read more...

Ecuador has signed a number of international agreements related to environmental matters, and also has trade agreements with other countries (in particular with Latin American countries). However, it has not signed any agreements which include specific clauses or annexes stipulating requirements for trade in forest products. Ecuador has expressed an interest in signing a Trade Agreement for Development (ACD) with the European Union, but to date there is no specific resolution in this regard. Read more...

The regulations governing the sector have provisions related to access to information, and the forest governance model refers to transparency as a key element. No changes have been recorded in forest regulations in 2012; however, the Ministry of Environment has developed a Unified System of Environmental Information and a new version of the Forest Administration System. Read more...

Both the Constitution and the environmental and forest regulations recognise the rights of indigenous peoples and communities in decision-making on activities to be carried out in their territories. Indigenous peoples will have priority in the use of community lands, but the mechanisms for application of these rights are not clear. Read more...

Articles 81 and 82 of the Organic Law on Citizen Participation stipulate the right to prior, free and informed consultation, and there is also a Citizen Participation Council. In May 2012, a draft organic law on pre-legislative consultation to communes, communities, peoples and nationalities was developed, detailing the stages in pre-legislative consultation. Read more...

The 2008 Constitution and the Organic Law on Citizen Participation establishes the right of indigenous peoples to free, prior and informed consultation, but it is important to note that consultation is not binding and the decision-making does not require consent. Similarly, the regulations applicable to the forest sector do not explicitly recognise the right to consent. 2012 saw the publication of an order on pre-legislative consultation for the purpose of reaching agreement, which will be progress when it is approved as an organic law. Read more...

Despite the fact that there are a variety of legal bodies dealing with land tenure, the current state of national land policy is still uncertain. It is worth emphasising that the proposed Land Law has been in the pipeline in 2011 and 2012, but at the time of writing the only text available is the final proposal for a preliminary draft, and there are doubts about the process for approving the law. Read more...

The allocation of licences for forest operations originate in the right of the owner to use, enjoy and dispose of the elements of his/her property, including forests, and if the forest is privately owned, no consultation of other stakeholders is required before allocating it to commercial logging. In cases where the forest belongs to the community, the communities themselves may carry out internal consultations. Read more...

The subject of article 74 of the Constitution of Ecuador, which states that “Environmental services may not be appropriated; their production, provision, use and operation shall be regulated by the State” continues to be on the public agenda; however, there have been no changes in the rules on how to regulate these services and share the benefits. Read more...

The National Planning Secretariat (SENPLADES) has one document specifying the procedures for carrying out impact studies for projects and programmes, another which provides information and facilitates understanding of the methodology for prioritisation of public investment projects, and recently published a guide for the formulation of sectoral public policies. Read more...

There are various maps of the forested areas that form part of the National System of Protected Areas and the Socio Bosque programme, which are available on the Ministry of Environment website. The SIGTIERRAS programme of the Ministry of Agriculture, Livestock, Aquaculture and Fisheries (MAGAP) programme has also made slight progress in creating land registers for some of Ecuador’s municipalities. However, there are no complete maps showing the types of ownership apart from those held in the title deed directorate of land under-secretariat of MAGAP, which can be accessed by means of an request for information specifying the reason why these maps are required. Read more...

Licences and transportation manuals are required for forestry activities, which are granted to landowners of forested areas as part of their right of usufruct, but under the surveillance of the forest authority and after presentation of a number of requirements set out in the forest regulations. The forest regulations are available on the MAE website; however, copies of the licences and transportation manuals are only available to the public following a request for information with the necessary justification. Read more...

Before forest use can be undertaken in the country, a forest use licence is required. The requirements for this are stipulated in the Unified Text on Secondary Environmental Legislation and Ministerial Agreement 139, which detail the procedures for authorisation of the use and logging of wood. However, there is no detail in these regulations of a verification process for applicants. Read more...

The Ministry of Environment has developed a Forest Administration and Monitoring System (SAF) through which it monitors forest use plans and licences, and automatically grants timber transportation manuals. The management plans are available through requests for information. Read more...

There is no organisation in Ecuador contracted to carry out Independent Forest Monitoring. The model of forest governance published by the Ministry of Environment (MAE) in 2011 considers monitoring and assessment as a key element in forest governance. In 2012, the MAE published terms of reference for contracting a consultancy firm to implement a System of Independent Verification of Legal Origin and Forest Management Compliance, which is a step forward. Read more...

The closest to a redistribution programme is the Socio Bosque programme, which provides an incentive to landowners for forest conservation. Information relating to this programme is available online. There is tax exemption for natural forest lands which has been in force since 2010. Read more...

It is possible to access a list of offenders through requests for information. The Ministry of Environment website only publishes news of offences such as illegal logging, but the guilty parties are not identified publicly. Read more...

The Ministry of Environment publishes an annual report of activities on its website. The report for 2011 presents a section on Forest Governance. In addition, through the Forest Administration and Monitoring System (SAF), the MAE publishes annual forest reports. Read more...