The Marañón River Case, Ríos Protegidos Intiative, Native Stingless Bee Project, and More: Six Months in Action with the ELC Latin America Legal Team

Latin America and the Caribbean is one of the most biologically mega-diverse regions in the world. Conserving its biodiversity is essential to tackle climate change worldwide and ensure benefits from its ecosystem for future generations. Rights of Nature governance reverses the relationship between humanity and Nature, bringing Nature to the center and acknowledging humanity’s place within and as Nature. More than any other region of the world, Latin America is where the Rights of Nature legal framework has an established record of success in helping conserve critical ecosystems. 

Across the first half of 2024, Earth Law Center (ELC) has continued its solid work in the region through its Latin America Legal Program, which is running a diverse array of projects. Our mission is to expand the progress of ecocentric legislation, conservation, and environmental justice; protect critical ecosystems in the region (rivers, forests, mangroves, ocean, and many others); and scale the impact of ecocentric legal work globally in international forums and instruments. To achieve this mission we have developed 4 pillars of our work: 

1) Environmental justice initiatives

2) Nature defenders and human rights initiatives 

3) Legislative and policy initiatives

4) Global advocacy and movement building initiatives

Together with our partners, we currently have active projects in 5 countries in South and Central America. We have shared our expert insights in more than 20 environmental lawsuits, contributed to the formulation of 15 environmental bills, and successfully passed 4 laws recognizing the Rights of Nature. Our major victories over the last several years include: 

• Helping secure a landmark ruling from the Peruvian Court of Nauta that recognizes the rights of the Marañón River and appoints Indigenous communities as its guardians (2024) 

• Informing a national Rights of Nature law in Panama (Law 287) (2022), along with an amendment to recognize the rights of sea turtles through secondary legislation (Law 371) (2023)

• Informing a Constitutional amendment to recognize the Rights of Nature in the State of Oaxaca (2021)

Our success relies on the expertise of our passionate team. Juggling an always hectic schedule, our 3 lawyers work simultaneously on the four pillars of our program. For example, between April and May, we developed projects focused on river protection, biodiversity conservation, and empowering women defenders. In just one month, we visited 8 cities in 3 different countries to take next steps in implementing all 5 of our projects! And our impact exceeds the limits even of the Latin American region, as the lessons learned from our work get communicated and replicated in the U.S., at the UN, and beyond. 

Come with us on this journey…

Environmental Justice Initiatives

Since the beginning of our program, supporting Indigenous Peoples, frontline communities, and environmental organizations has been central to the Latin America Program’s work—for instance, providing our expert opinion through amicus curiae briefs in various judicial processes.

ELC’S F. Javier Ruiz

This year, ELC achieved a milestone win in the Marañón River Case, addressing a relentless history of oil spills on the river that had compromised its health and harmed the cultural and spiritual connections to it held by Kukama Indigenous communities. Our Expert in Environmental Policy and Climate Change, F. Javier Ruiz, who is based in Mexico, played a vital role in this victory. In May, he journeyed to Iquitos, Peru to participate in the appeal of this sentence at the Superior Court of Justice of Loreto, staunchly defending our amicus curiae brief. His efforts helped persuade the judges to apply principles of international environmental law and implement the Right to a Healthy Environment to uphold the first-instance decision.

Attending appearances such as these has allowed us to connect with our partners, compare experiences, and amplify our influence in the courts. Most importantly, it has allowed us to represent Nature on par with the representation enjoyed by States or extractive companies, thus demanding respect for the intrinsic value of our ecosystems.

Nature Defenders and Human Rights Initiatives

Without human rights, the Rights of Nature cannot be implemented—they are intrinsically interconnected.

ELC’s Latin America Legal Program has been on a steady path of growth in this regard, as evidenced by our recent achievements. We have successfully conducted workshops on topics including: 

• The Rights of Nature 

• Rights of access, participation, and information on environmental matters

• Preserving Indigenous Peoples' traditional knowledge

These efforts have not only directly impacted the communities we work with but also strengthened our program through learning from the stories and experiences of the participants.

In a significant recognition of our work, the Latin American Legal Program was invited to the sixth Congress of the Huaynakana Kamatahuara Kana (Kukama Women’s Federation) in May. At this event, we shared our experiences from the Marañón River case and also reported to the community the results of empowerment workshops held for the federation leaders in November 2023. Data analysis such as this serves as a way to identify gaps in community members’ exercise of their environmental human rights.

LATAM Program Director Constanza Prieto-Figelist

Likewise, on May 20th, our Program Director, Constanza Prieto Figelist, who is from Chile and now lives in New York City, participated as a panelist in the first International Forum on Native Stingless Bees, which was organized by Bioamaz and Amazon Research International, with the support of the Ministry of the Environment of Peru. In her presentation, Constanza addressed the importance of native stingless bees as a strategic pollinator to conserve the biodiversity of Peru’s Amazonas region, as well as how the traditional knowledge of local Indigenous Peoples is necessary to preserve these species and their ecosystem. Constanza’s advocacy is just one part of our multidisciplinary project, "Safeguarding the Amazonian Stingless Bees," which seeks to recognize the intrinsic value of the native bees and their ecosystems.

Legislative and Policy Initiatives

Our collective passion for legislative work has led to our most significant victories as a program. This work has allowed us to form partnerships with scientific groups, governments, and local organizations, and it has also been a platform for us to proactively promote the Rights of Nature paradigm shift, making each of our contributions invaluable.

ELC’s Bastián Núñez

ELC is a proud member of the Ríos Protegidos Initiative, which is seeking to promote new legislation on protected and restored rivers in Chile. Within the framework of this work, April and May were months with significant milestones.  For instance, ELC attended the first in-person meeting of the initiative, which took place in Los Pellines, a protected area in the Ñuble region of Chile. We contributed to the elaboration of a strategic plan for the initiative. This event was an excellent opportunity to align all the actors’ diverse perspectives and set the Ríos Protegidos Initiative’s future direction.

The initiative’s workshops, held across Chile, have raised awareness and support for the importance of legislative reform. These workshops have also served as a bridge, connecting us with the riparian communities at the forefront of protecting and restoring their local rivers. Bastián Núñez, who lives in Chile and is a key member of our Latin American Program, has been part of these efforts, attending the Coyhaique workshop (Chilean Patagonia) and another one in Cajón del Maipo (Chilean Metropolitan region).

Global Advocacy and Movement Building Initiatives

Amplifying the voices of Nature in international forums and giving talks to different interest groups are essential parts of our journey.

In April, in collaboration with partners, ELC led a side event at the third meeting of the parties to the Escazú Agreement in Santiago, Chile. This event, titled “Comparative experiences of Ecuador, Chile, and Peru in the implementation of safe and enabling environments for Nature defenders. Evaluation of barriers and accessibility in environmental rights," was a unique opportunity to share our expertise. The event was graced by the presence of the Indigenous women defenders of the Marañón River, who achieved a legal victory recognizing the river as a rights-holding entity and their rights as its legal protectors.

Likewise, in April, Constanza was invited to be part of a discussion panel at George Washington University to celebrate World Aquatic Animal Day and reflect on the role of the Rights of Nature in animal protection. Finally, the University of Maryland also invited our program to be part of a panel discussion on how the comparative experience of the Rights of Nature and Indigenous law can be a legal instrument of governance in the university’s natural land.

Your Support Makes All the Difference

Your support makes it possible replicate our four-pillars-based program in more countries in the region and serve as a template for Rights of Nature work around the world. To ensure we can meet our ambitious agenda for the latter half of 2024, we need your help. Any amount goes a long way, and recurring monthly donations are especially helpful to maintain and grow our mighty little team. You can donate here, and just designate “Latin America Program” in the dropdown menu.

We are deeply grateful for the invaluable support of our volunteers and donors. This amazing journey wouldn't be possible without you.