CONAIE Mobilises Against Noboa's Urgent Mining Reform Bill, Warns of 'Devastating' Environmental Rollback

CONAIE Mobilises Against Noboa's Urgent Mining Reform Bill, Warns of 'Devastating' Environmental Rollback

The Confederacion de Nacionalidades Indigenas del Ecuador (CONAIE) issued an urgent communique on February 4 calling for nationwide resistance against the government's Ley Reformatoria al Codigo de Mineria -- a sweeping mining reform bill that President Daniel Noboa submitted to the National Assembly on January 28 under the constitutional designation of "urgent economic matter," which imposes a 30-day deadline for legislative action.

The bill represents the centrepiece of the Noboa administration's strategy to transform Ecuador into a top-tier Latin American mining jurisdiction, with the government targeting a $10 billion mining investment pipeline and aiming to increase annual mining exports from an estimated $3.6 billion to $6.8 billion by 2036.

What the bill proposes

Key provisions of the mining reform include:

• Streamlined concession process: Reducing the time from exploration licence to exploitation permit from approximately 8 years to 3.5 years
• Expanded concession areas: Lifting the 5,000-hectare cap on individual mining concessions for "strategic projects" designated by the Ministry of Energy and Mines
• Modified community consultation: Replacing mandatory prior consultation with a "community information and participation" process that critics argue eliminates effective veto power
• Tax incentives: A 10-year stability agreement for investments exceeding $500 million, locking in royalty rates of 3-5% of gross revenue
• Environmental fast-track: Consolidating environmental impact assessments into a single-phase review for projects in designated "mining development zones"

CONAIE's objections

CONAIE president Leonidas Iza called the bill "an assault on constitutional rights and a death sentence for Ecuador's water sources."

The federation's principal objections centre on:

• Paramo protections: The bill would allow mining in buffer zones adjacent to paramo ecosystems -- the high-altitude wetlands that supply drinking water to approximately 65% of Ecuador's highland population
• Prior consultation: CONAIE argues the modified consultation framework violates ILO Convention 169 and Ecuador's 2008 Constitution, which guarantees indigenous peoples' right to free, prior, and informed consent
• Forest cover: The reform would reclassify certain protective forests as eligible for mining concessions if "net environmental benefit" can be demonstrated through offset programmes
• Water resources: Environmental groups calculate that the proposed mining expansion could affect watersheds serving approximately 4.2 million people

Political dynamics

The 30-day urgent deadline means the National Assembly must vote by February 27 or the bill enters into force by default -- a constitutional mechanism that the opposition alliance of Pachakutik (CONAIE's political arm) and Revolucion Ciudadana has labelled "legislative blackmail."

However, the government coalition holds a working majority with support from the centre-right Partido Social Cristiano and smaller blocs. Assembly president Henry Kronfle has scheduled committee debate for the week of February 10.

Analysts at Eurasia Group estimate a 70% probability of the bill passing in modified form, with concessions likely on paramo buffer zones but the core concession-streamlining provisions intact.

CONAIE has announced a national day of action for February 12, though the federation stopped short of calling for indefinite mobilisations -- a tactical restraint that observers attribute to diminished public appetite for prolonged protests following the disruptive 2022 nationwide strikes.