Title: Deconstructing Prior Consultation in Mining Projects in Ecuador and Sweden: The El Mirador and Kallak Cases
Author/Institution: Domenique Giselle Alejandro Rivera – Nordic Institute of Latin American Studies Publication Year: 2024
Domenique Rivera’s 2024 thesis investigates how the principle of prior consultation—enshrined in international law and in Ecuador’s own constitutional framework—is implemented in practice. By comparing Ecuador’s El Mirador copper mine with Sweden’s Kallak project, Rivera demonstrates that consultation is often treated as a procedural hurdle rather than a meaningful dialogue with affected communities. In Ecuador, she finds that state and company actors tended to prioritize project advancement over addressing Indigenous concerns, generating mistrust and sparking cycles of protest and resistance.
The study contributes to the literature on extractivist conflicts by showing how consultation processes can be manipulated to reinforce state and corporate agendas. Instead of creating inclusive decision-making spaces, consultation often functions as a legitimizing exercise, sidelining Indigenous voices and weakening their ability to negotiate for environmental protection and socio-economic benefits. Rivera underscores that this dynamic not only undermines the spirit of Free, Prior, and Informed Consent (FPIC) but also heightens the risk of social conflict, litigation, and reputational damage for companies.
These findings are directly relevant to the September 3, 2025, announcement by Atico Mining Corporation that it had completed the Community Participation Process for Environmental Consultation (PPC) at its La Plata copper-gold-zinc project in Ecuador. While this marks an important regulatory milestone, Rivera’s research suggests that the true test lies in whether such consultations move beyond formality to foster genuine dialogue. If communities perceive the PPC as a box-ticking exercise, the risk of conflict remains high. Conversely, meaningful consultation can help secure the project’s license to operate by embedding community concerns into its development plans.