March 11, 2021

The Regulations for the Special Amazon Law have been issued

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By Executive Decree 1264, the General Regulations for the Organic Law for Planning in the Special Amazon Territory were issued.[1]  The most important regulations include:

Scope:

  • Special Amazon Territory: Comprises the provinces of Morona Santiago, Napo, Orellana, Pastaza, Sucumbíos and Zamora Chinchipe.

Preferential Employment:

  • Assessment of manpower: Those who perform activities in the Special Amazon Territory will assess the required manpower. They must comply with the percentage established in the Law and secondary regulations which regulate this provision[2].
  • Amazon residents: Residence will be understood as the usual place of abode, or the place where an activity, service or job is performed on a permanent basis.
  • Verification for Amazon residents: At least two of the following circumstances must be verified:
    • Hold a citizen ID card or birth certificate which states that the person was born in the Special Amazon Territory;
    • Proof of being an Amazon resident with any of the following documents:
      • Voting certificates or a certification issued by the National Electoral Council (CNE) showing that the person has been registered to vote in the Special Amazon Territory in the last three voting processes; or
      • Work certificate issued by an employer (entity) established in the Special Amazon Territory and work history provided by the Ecuadorian Social Security Institute (IESS) or by the Work System (SUT) showing that the person has provided a service or has been employed for at least the past 6 consecutive years within the Special Amazon Territory.
    • Notarized lease agreement(s) showing that the person has spent at least the past 6 consecutive years in the Special Amazon Territory.
    • Certificate of education showing that the person has regularly attended an education institution within the Special Amazon Territory for at least the past six consecutive years.
    • Sworn statement before a notary that the person has spent the past 6 consecutive years living within the Special Amazon Territory.
  • Those who believe that their right to preferential employment is being affected can file a substantiated claim at the Council for Planning and Development of the Special Amazon Territory.

 

Other regulations:

  • Agricultural, fishing, aquaculture and forestry activities: The conservation and use of native seeds will be promoted, and the Special Amazon Territory will be considered a territory free from genetically modified organisms.
  • Production processes: Production processes must include principles of bioeconomy: (i) use of renewable biomass and efficient bioprocesses to achieve sustainable production; (ii) use of enabling and converging technologies, including biotechnology; and (iii) integration between applications such as agriculture, health and industry.
  • Good agricultural practice certifications: Production activities must have good agricultural practice plans and certifications.
  • Tourism activities: To carry out tourism activities, the respective authorizations and permits must be obtained. The types of tourism will conform to the principles of sustainability and ethics which minimize impacts on the environment.

 

[1] Decree 1264, available at: https://minka.presidencia.gob.ec/portal/usuarios_externos.jsf

[2] https://www.pbplaw.com/es/ministerio-de-trabajo-regula-el-empleo-preferente-en-la-region-amazonica/

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