Miami Law Human Rights Clinic Supports Peasant Families in Durán, Ecuador, Amid Legal Uncertainty
- Photini Kamvisseli Saurez
- Apr 22
- 4 min read
The National Right to Food Community of Practice has long partnered with the Human Rights Clinic at the University of Miami School of Law, working closely with their Right to Food Team made up of second and third-year law students. This partnership has supported many events, submissions, and advocacy campaigns over the years, and has given the Community of Practice the opportunity to deepen the law students’ understanding of the right to food. This year, Professor Denisse Cordova Montes, also a member of the Community of Practice Coordination Team, has been supervising two incredible clinic students who are working on the right to food in Ecuador. We are excited to highlight their work, and to learn from them as we expand our global linkages program in an effort to grow and strengthen our global partnerships and deepen our own understanding of our role in the international right to food movement.
Below is a blog post written by Human Rights Clinic students Laura Zarama and Lissie Albornoz, discussing the work of the Right to Food Team.
Imagine living in fear of losing not just your home, but also your livelihood and your ability to feed your family—every single day for over a decade. For 96 peasant families in Durán, Ecuador, this has been their reality. These families depend on the land not only for shelter but also to grow their own food and sustain their communities. Without secure land tenure, their right to food—the ability to produce and access adequate, appropriate nutrition—is constantly at risk. Thanks to the relentless efforts from peasant organizations and human rights advocates, these families have recently achieved a significant legal victory, but their fight is far from over.
The University of Miami Human Rights Clinic’s Right to Food Team, in partnership with FIAN Ecuador and the Ecuadorian peasant organization Unión Tierra y Vida, has been working to support these communities in their legal battle for land rights. On December 17, 2024, Ecuador’s Constitutional Court issued a groundbreaking ruling affirming the families’ right to remain on the land they have cultivated since 2007. The Court invalidated earlier decisions that favored private interests, such as the Isaías brothers, who had previously owned the land and sought to reclaim it.
While this ruling represents a milestone, international support is critical for its full implementation. The lands in question, located near Guayaquil along the Durán-Boliche highway, are highly sought after for commercial shrimp farming and real estate development. This has drawn significant economic interests that continue to threaten the families’ security and rights. Without proper implementation of the court ruling, these families remain at risk of displacement, and the threat of losing their land to private interests continues.
The Struggle Behind the Victory
The legal battle over these lands has been long and dangerous, taking place in Guayas, one of Ecuador’s most violent regions. Since 2007, when the Ecuadorian government confiscated the Isaías brothers’ assets, including the contested land, families have faced relentless intimidation from powerful groups eager to seize the property for shrimp farming and real estate development.
In 2016, the UN Human Rights Committee found that Ecuador had violated due process during the confiscation, sparking further legal challenges. By 2022, local courts issued a controversial decision overturning protections for the families, ordering the lands returned to the Isaías brothers. This decision ignored Ecuador’s Constituent Mandate No. 13, which was designated to protect peasant families from displacement.
In 2023, Ecuador’s Ministry of Agriculture and other state agencies filed a legal appeal, an extraordinary protection action, with the Constitutional Court. This led to the historic 2024 decision annulling prior rulings and securing the families’ right to remain on the land. Despite this, challenges persist. Armed groups continue to intimidate families, private interests threaten to challenge the Constitutional Court’s decision, and government entities continue to delay the granting of land titles, leaving the peasant families vulnerable to forced evictions.
The Need for Action
The Constitutional Court’s ruling was a hard-fought victory, but it’s just the beginning. Without immediate action from the Ecuadorian government, these families remain at risk. Intimidation by armed groups and pressure from private interests demand urgent international monitoring and advocacy. The peasant families remain firm in their fight for justice, urging the Ecuadorian government to promptly act on the court’s ruling and uphold their rights to land, food, and security as recognized by the United Nations Declaration on the Rights of Peasants (UNDROP).
Recently, representatives from FIAN International, FIAN Ecuador, and the Human Rights Clinic met with the UN Working Group on the Rights of Peasants to discuss the urgent need to implement the Constitutional Court’s ruling. During this meeting, the Human Rights Clinic emphasized Ecuador’s obligations under the United Nations Declaration on the Rights of Peasants (UNDROP), highlighting that continued threats to land security and tenure jeopardize the peasant families’ rights to food sovereignty, land, adequate food, security, dignity, and participation in decision-making.
What You Can Do
These 96 peasant families in Durán need your support to ensure their legal victory translates into lasting security. Here’s how you can help:
Stay Informed: Follow organizations like FIAN International, FIAN Ecuador and the Human Rights Clinic.
Share Their Story: Use social media to raise awareness about their struggle.
This fight is about more than land—it’s about justice, dignity, and the right to food. Together, we can help protect the rights of peasant communities and uphold their hard-won victory.
