Oaxaca’s Congress Weighs Rights of Rivers
A proposed law would recognize rivers as subject of rights, including fundamental rights to exist, thrive and evolve
By Jason Baran
For decades, the Atoyac and Salado Rivers in the Mexican State of Oaxaca have been considered two of the most polluted and damaged rivers in Mexico. This pollution poses a profound threat to the ecosystem, since it is the primary water source for municipalities, industry, and cropland irrigation. Many of the region's citizens suffer from the contaminated water.
Today, however, there is hope as the government and people of Oaxaca are beginning to recognize rivers as subject to rights. After years of community- and education-based outreach and multiple legal challenges, Oaxaca’s Congress is now considering a proposed law that recognizes the Rights of Rivers and other Water Sources. Earth Law Center lawyers drafted the proposed law late last year, with input from Litigio Estratégico Indígena A.C. and the team of Congressman Fredie Delfín.
“Oaxaca is one of the states in Mexico that has more indigenous peoples who preserve their traditions and their connection with Nature. This law proposal is the answer to the petition of these guardians so that now their voice on behalf of the rivers and other water sources will also be heard in the courts.”
“The law, if ratified, would recognize that rivers and other water sources have an autonomous voice that can be exercised through their guardians and Oaxaca’s citizens,” said Grant Wilson, Earth Law Center’s Executive Director and Directing Attorney. “Moreover, a law recognizing rivers' rights in Oaxaca strengthens international support for this cutting-edge area of the law.”
Mexico’s Conservation Progress
Mexico and the State of Oaxaca are following in the progressive footsteps of New Zealand, Ecuador, Colombia and Bangladesh in recognizing rivers’ rights with the overall goal of humans and ecosystems thriving together in harmony. While Mexico’s overexploitation of water resources has had many ill-effects, the country is now acknowledging that water recovery and security are a means to achieving economic growth, environmental sustainability and climate change resilience.
The Atoyac River in the State of Oaxaca in southern Mexico is one of the most contaminated rivers in Mexico. Source: Oaxaca Life, June 6, 2019
Here is a timeline of recent Earth Law progress in Mexico:
In 2017, Mexico City adopted Rights of Nature language into its new constitution. In addition, efforts continue to establish legal rights for the Magdalena River, Mexico City’s last and only free-flowing river.
In 2019, the State of Colima passed a state constitutional amendment recognizing the Rights of Nature. The amendment establishes Nature’s right to exist, to restoration, to regeneration, and to conservation of its ecological structure and functions. Earth Law Center assisted in legal drafting and revisions on the constitutional amendment.
In 2019, Earth Law Center submitted an amicus brief calling for the protection of the Salado and Atoyac Rivers. This resulted in a court order to restore the health of the two rivers based on human environmental rights.
On December 8, 2020, Oaxaca’s Congress was presented with the drafted law for the recognition of the Rights of Rivers and other Water Sources. In addition, Earth Law Center filed a constitutional reform to recognize the Rights of Nature in the Oaxaca Constitution.
In January 2021, Earth Law Center, Litigio Estratégico Indígena A.C. and the UN Harmony with Nature Programme hosted virtual forums to discuss Oaxaca’s project of law.
“We’ve seen tremendous progress around Rights of Nature in Mexico and within Oaxaca,” according to Claudia Brindis, ELC’s International Rights of Nature Lead. “While Earth Law Center continues seeking recognition of the Rights of Rivers and Other Water Sources at the national level in Mexico, our immediate hope is that the State of Oaxaca will legally recognize the Rights of Nature. Ultimately, our objective is to strategically establish and enforce this new paradigm throughout Mexico.”
Wilson’s colleague, Constanza Prieto Figelist, agrees. “We have been consulting lawmakers at the state and federal levels regarding the Rights of Rivers in the State of Oaxaca and nationally,” she said. “This bill seeks to establish that rivers no longer be considered as objects of exploitation, and instead treated like subjects capable of demanding respect for their minimum rights to exist, thrive, and evolve." Figelist is Earth Law Center’s Latin American Legal Lead.
What’s Next?
Oaxaca’s Congressional Water Commission is reviewing the proposed law. In the very near future, we expect the proposed law to have a second reading, as well. Then, Oaxaca’s Congress will vote.
If and when the law is approved, Earth Law Center will host a press conference Litigio Estratégico Indígena A.C., the UN Harmony with Nature Programme, and Congressman Fredie Delfín and his team, and other congresspersons who have been in support of the proposed bill. The date of the press conference will be shared as soon as it is confirmed.
In the meantime, there are many ways that you can help us achieve Rights for Rivers and Other Water Sources in Mexico and beyond:
Donate to ELC
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Contact ELC if you want to work on your own River Rights campaign
