If the new mining law gets approved before the Constitution, would it not be the Constitution that overrides the mining law?

To me it sounds like ARU might not make it's full flight till the Constitution vote is dealt with. If it fails the vote, then we are left with a new mining law but old Constitution, hmmm...

As I understand it, the 1998 constitution provides for consultation and consent on the part of communities affected by mining, whereas the new one only provides for consultation, which is why the indigenous community is so upset. Once again betrayed is the sentiment, which refers to how the consent part of the old constitution was largely ignored by previous govts.

The constitution is the highest law of the land, so in principle it should take precendence over the mining law. I believe that's why the delay - they are making sure the mining law conforms to the new constitution (or vice versa) so's to avoid a legal challenge down the road.

Bear in mind that we presently operate under the old constitution, and should the new one fail, we'll continue to do so. That provides for consent of the local community, which we already have.

Should the new constitution fail to pass, then anything in the new mining law (or any other recent law) that doesn't conform can be challenged under the old constitution.

That's the way I understand it. Of course like everything else with Ecuador, you don't know until you know. Unpredictability is their stock in trade.

ebear