The Special Law of Galápagos

    What is the Special Law of Galápagos? The Special Law is a lengthy piece of legislation passed by the Ecuadorian government in March of 1998. It covers a wide range of topics, but in essence is the framework through which the Galápagos islands are managed at the political level. The following are the legislation's main points:

• The constitution of the Ecuadorian Republic grants permission for Galápagos to be run by a Special Regime, and for its protection, the rights of free residence, property, and commerce can be restricted. However, said constitution also guarantees people the right to live in an environment free of pollution and it is the obligation of the State to preserve this right and do anything necessary to preserve the environment.
• Galápagos is a Natural Heritage of Humanity site, and is included on the list of Biosphere Reserves for its scientific, natural, and educational value. It is the duty of the Ecuadorian State to the world to preserve the Galápagos Islands for present and future generations.
• The State must maintain the integrity of all natural areas, both terrestrial and marine, as well as provide the means for responsible human development on the islands; developing legislation that preserves the environment as well as giving the islands' inhabitants the means for development.
• Activities of the political establishment, as well as the public and private sector are restricted within the frame of the following principles:
  a)  The maintenance of ecological systems and the biodiversity of the province of Galápagos, particularly native and endemic species, permitting the natural continuation of the evolutionary mechanism with minimal human interference.
  b)    Sustainable and controllable development within the capacity of strain that the environment has.
• The National Institute of Galápagos, INGALA, is a governmental entity that has the right to create public legislation, which has its own jurisdiction and judicial components, and has administrative and financial autonomy. Its headquarters are located in Puerto Baquerizo Moreno, on the island of San Cristóbal. INGALA is made up of two components, the Council of INGALA and the Technical Secretariat, which in turn is made up of Management division and all other bodies under its control.
  a)    It is the special duty and right of INGALA to assist all institutions on the archipelago in any matters regarding the conservation of the environment, public services, community welfare, sustainable development, the order of tourism, the exploitation of natural resources and the formation of human resources whose services may be required on the islands.
  b)    The Council of INGALA is responsible for the political activities of the Galápagos islands. Its main members are as follows: the Ministers of the Environment, Finance, Defense, Tourism, Commerce (which includes departments of industrialization and fishing); the Governor, Provincial Prefect, and President of the Agricultural/Fishing Association, as well as as one representative each from the Subsistence Fishermen, the Ecuadorian Committee for the Defense of the Environment, and the Charles Darwin Foundation. The Charles Darwin representative does not have a vote on the council.
  c)    The Technical Secretariat is in charge of executing the decisions made by the Council of INGALA. It enforces all legal, judicial, and extra-judicial powers assigned to INGALA and is also in charge of honoring all contracts made with the public or private sector, whether they be national or foreign in nature.
• The Marine reserve is managed by the Interinstitutional Management Authority. It is composed by the Ministers of the Environment, Defense, Commerce and Tourism, as well as representatives from the Chamber of Tourism, the Sustenance Fishermen, and the Conservation sector. It is in charge of approving all legislation regarding the Marine Reserve. This includes plans for its sustainable development, resource assignments, and authorization for any scientific activity to take place in its waters. Most importantly, it approves the fishing calendar, as well as the volume, dimensions, species of fish, and methods of fishing which may take place in the Marine reserve.
• All Galapagan institutions of government are subject to the policies created by INGALA.
• The construction of new touristic infrastructure is strictly regulated by INGALA and will only be allowed to take forth by permanent residents of the islands who must prove:
  a)    That it will produce local benefits.
  b)    Guarantee the quality of tourism services as established by the Special Rules of Tourism in Protected Areas legislation.
  c)    Guarantee minimal impact on the environment.
  d)    Be established within expressly permitted zones delineated by regional and environmental law.
• It is a high priority of INGALA to eradicate invasive species of the islands through any means permitted by law.

        These are just the main points contained within the legislation of the Special Law of Galápagos. Most of them go into much more depth and many topics not included here are covered. I strongly urge you to check out the Ministry of the Environment site and see the written document in its entirety.