Advancing Legal Guardianship for Nature
Humans routinely benefit from legal guardians, such as children who can’t always advocate for their best interests without some help. Why, then, do we not have a guardian system to protect our fragile Mother Earth? This is beginning to change as the Rights of Nature are increasingly put into practice through legal guardians.
What is the guardianship model of ecosystem protection?
The guardianship model of ecosystem protection is a key political framework emerging from the development of Earth Law worldwide, creating standards for decision-making based on the principles of sustainability, responsibility, reciprocity, and interconnectedness. Drawing inspiration from Indigenous perspectives, guardianship bodies allow local communities to speak on behalf of ecosystems—bodies of water, mountain ranges, forests, and others—that cannot physically speak for themselves.
When implemented effectively, guardianship bodies ensure that ecosystems are treated as living entities with intrinsic rights and political representation rather than property allocated strictly for human use. Although they act independently, guardianship bodies present a unique opportunity to assemble governments that are more inclusive of Indigenous populations, many of whom have intimate spiritual connections to their ancient tribal lands.
Types of Guardians
While there is no universally accepted formula for the composition of guardianship bodies, New Zealand can serve as a blueprint for other communities considering the adoption of Rights of Nature guardianship frameworks. In accordance with the Māori belief that views the Whanganui River as a living whole, the government of New Zealand granted the River legal personhood status in 1978 under the name Te Awa Tupua. The Ministry of Conservation then formed a guardianship body composed of both Indigenous and Western representatives, who have since regularly exercised their collective authority to protect the interests of the river.
In general, guardianship bodies should include many types of knowledgeable representatives and stakeholders from the ecosystem’s region, including but not limited to the following:
Indigenous Peoples: For centuries, Indigenous populations have lived in a sacred coexistence with their natural surroundings. It is therefore critical to include Indigenous peoples in ecosystem guardianship, as the interconnectedness they foster with their tribal lands is unmatched by any other group.
Activists: Around the world, environment rights defenders work tirelessly to protect vital ecosystems and natural resources like clean air and water.
Region & Ecosystem-specific Nonprofit Organizations: Hundreds of thousands of organizations exist globally that focus on local community and local ecosystem issues. Members are incredibly passionate and possess an intimate knowledge of their region’s natural areas.
Federal, State & Local Governments: Governmental representatives can often provide additional power and helpful insights on legislative processes, key stakeholders, and historical contexts that surround a given issue. Although governments can play an important role in guardianship bodies, they must act independently to ensure they always act in the best interest of Nature.
Fundamental to the theory behind guardianship bodies is the principle that all relevant interests must be adequately represented. Ideally, state and federal governments should provide funding while non-state interests make decisions at local levels. Additionally, because the guardian body might include interests that are incongruous with each other, communities can choose to designate an oversight or advisory commission composed of local officials, tribal members, environmental scientists/ biodiversity experts, and local community members to (1) Provide advice when the legal guardians request so, and (2) To have a final say when there is deadlock in the guardianship body’s decision-making process. This system of broad representation managed by checks and balances offers the best opportunity for the protection of Nature’s interests and rights, both in courts and throughout wide-ranging policy and social fora.
Advocating for Guardianship in the Courts
In September, Earth Law Center, along with the Global Alliance for the Rights of Nature, the Center for Biological Diversity, International Rivers, and the Great Lakes Environmental Law Center, submitted an amicus brief to Ecuador’s Constitutional Court seeking the application of Rights of Nature principles to save the Los Cedros forest from the threat of mining. Among other requests, the brief called for the appointment of legal guardians for Nature to advocate for and oversee the protection of the Key Biodiversity Area. On November 2, the court conducted a day-long virtual hearing on the case, the outcome of which will shape the future of mining throughout Ecuador and serve as a precedent for Rights of Nature cases worldwide.
We must continue to advocate for robust, transparent, and independent guardianship bodies in the context of Rights of Nature. This will help solve one of the movements major shortcomings thus far—the lack of enforcement of many strong Rights of Nature laws. ELC will continue to advocate for the development of cutting-edge guardianship bodies in all of our advocacy, legal drafting, and amicus briefs.
What You Can Do
Earth Law Center seeks to secure practical rights for all of Nature, without which the human race cannot persist. We have decades of experience helping communities develop guardianship frameworks that best meet their unique needs.
