Victoria en segunda instancia: Sala Civil de Loreto ratifica sentencia que declara al río Marañón y sus afluentes como sujeto de derecho

Una nueva victoria para mujeres kukama y pueblos indígenas de la Amazonía. Pese a las apelaciones presentadas por Petroperú y otras entidades del Estado contra la sentencia que otorgó derechos al Marañón, la Sala Civil de la Corte de Loreto decidió ratificar el fallo en segunda instancia y confirmar las medidas de protección para el río Marañón​.

CONTACTO PARA PRENSA:

Alexis Revollé, Instituto de Defensa Legal (IDL), arevolle@idl.org.pe

Javier Ruiz, Earth Law Center, jruiz@earthlaw.org

29 de octubre de 2024 - La Sala Civil de la Corte de Loreto confirmó la emblemática sentencia emitida por el Juzgado Mixto de Nauta en marzo de este año, que otorgó derechos al río Marañón y sus afluentes. Se trata de un fallo histórico en la defensa de la naturaleza y su conexión con comunidades indígenas, ya que por primera vez en el Perú la Justicia reconoce a un río como titular de derecho, tomando en cuenta la cosmovisión del pueblo Kukama Kukamiria.

Con ello, la protección del río Marañón obtiene una nueva victoria gracias a los esfuerzos liderados por la Federación Huaynakana Kamatahuara Kana (que se traduce al español como “mujeres trabajadoras”), conformada por un grupo de mujeres indígenas kukama kukamiria, arraigadas en el distrito de Parinari, región Loreto. Frente a los constantes derrames de petróleo del Oleoducto Norperuano, operado por Petroperú, ellas iniciaron una batalla legal en el año 2021, contra entidades del Estado para exigir la protección del río Marañón.

Esta nueva sentencia en segunda instancia ratificó al río Marañón como titular de derechos. La resolución detalla que dicha decisión obedece “a las crecientes presiones hacia los ecosistemas, los mismos que ponen en riesgo su existencia y función, ambiental, social y vital; (...) a los múltiples derrames de hidrocarburos (petróleo) de los que ha sido víctima el río Marañón durante los últimos años”.

Como se recuerda, luego de la sentencia en primera instancia, tres de las entidades demandadas en el proceso, el Ministerio del Ambiente, la Autoridad Nacional del Agua (adscrita al Ministerio de Desarrollo Agrario y Riego) y Petroperú, habían presentado apelaciones para revocarla.

La ratificación de este fallo es resultado, además, de una audiencia realizada el último mes de mayo, en la que intervinieron Emilsen Flores y Gilda Fasabi, integrantes de la federación Huaynakana Kamatahuara Kana. En el acto judicial, ambas defendieron su lucha por la protección del río Marañón ante las juezas de la Sala Civil de Loreto, y solicitaron que se confirmen las disposiciones de la sentencia en primera instancia.

“Estamos contentas y agradecidas con las comunidades, los pueblos y los aliados por todo el trabajo conjunto que venimos realizando desde hace años. Este logro es para la Amazonía y el país, pero también para el mundo entero. Porque defender los ríos es parte de nuestras vidas, para dejar como herencia a las futuras generaciones”, dice Mari Luz Canaquiri, presidenta de la federación Huaynakana Kamatahuara Kana, sobre la ratificación de la emblemática sentencia.

Reconocimiento histórico

En este nuevo fallo, se confirma la sentencia de primera instancia en todos sus extremos, y además ordena a Petroperú dar mantenimiento “efectivo, inmediato e integral” al Oleoducto Norperuano. Se considera también el reconocimiento de los derechos del río Marañón como una alternativa necesaria para protegerlo de los constantes derrames de petróleo. Así, la Sala establece que los derechos reconocidos deben enmarcarse en su protección, conservación, mantenimiento y uso sostenible.

Asimismo, la sala confirma el pedido de conformar los consejos de cuenca para el río Marañón y sus afluentes, y encarga al Gobierno Regional de Loreto la obligación de convocarlos e institucionalizarlos, con la participación de la Autoridad Nacional del Agua.

Sobre la designación de defensores y representantes, la Sala confirma la sentencia de primera instancia, considerando que ello se encuentra orientado a lograr una adecuada representación para quien no puede hacer valer sus derechos por sí mismo. 

Es importante destacar  el voto complementario de la jueza Roxana Carrión Ramírez en esta resolución, que reconoce la cosmovisión del pueblo Kukama con respecto al río Marañón: “Para el pueblo kukama, el río Marañón es su centro del universo, tienen una conexión profunda, una relación intrínseca entre ellos y el río es la fuente de alimento, agua y transporte del pueblo kukama”.

En definitiva, con esta nueva resolución judicial, de ahora en adelante se podrá cuestionar judicialmente toda actividad extractiva o de otra índole que afecten los derechos ya reconocidos al Marañón y sus afluentes.

“La lucha de las mujeres de la federación Huaynakana no ha sido en vano. Finalmente, los jueces de la Sala de la Corte de Loreto han entendido la necesidad no solo de ratificar la sentencia de la jueza de Nauta que reconoce derechos al río Marañón, sino también de proteger al río como un elemento de la naturaleza, y consecuentemente a la naturaleza como sujeto de derecho”, remarca la abogada Maritza Quispe Mamani, del Instituto de Defensa Legal (IDL), quien es parte del equipo que presentó y sustentó la demanda de las kukama.

“Aún hay un camino largo por recorrer, pues nos toca ahora solicitar la implementación de esta sentencia a través de la ejecución de la misma, a fin de que las autoridades del Estado cumplan con los mandatos ordenados, especialmente el mantenimiento del ONP, la actualización del IGA, la misma que debe ser consultada con los pueblos indígenas”, concluye la especialista.

Es importante recordar, finalmente, que este resultado es fruto de un esfuerzo colectivo gracias la articulación y apoyo de aliados por la defensa del río Marañón: Instituto de Defensa Legal; International Rivers; Earth Law Center; Forum Solidaridad Perú; Quisca; Instituto Chaikuni; Radio Ucamara; Radio La Voz de La Selva; Mirella Pretell; la Parroquia Santa Rita de Castilla; y el Vicariato de Iquitos, en particular el Obispo Miguel Ángel Cadenas y el P. Manolo Berjón.

Landmark Victory: Civil Court of Loreto Upholds Ruling Recognizing Rights of the Marañón River and Its Tributaries in Appellate Decision

The ruling marks a significant victory for the Kukama Women and Indigenous Peoples of the Amazon. Despite appeals by Petroperú and other state entities challenging the decision to grant rights to the Marañón River, judges from the Civil Court of Loreto upheld the original ruling and confirmed protective measures for the river.

MEDIA CONTACTS:

Alexis Revollé, Instituto de Defensa Legal (IDL), arevolle@idl.org.pe (Spanish)

Javier Ruiz, Earth Law Center, jruiz@earthlaw.org

Peru - October 30, 2024 – The Civil Court of Loreto has confirmed the landmark ruling issued by the Mixed Court of Nauta in March, which granted intrinsic rights to the Marañón River—one of Peru's most vital water sources and the primary tributary of the Amazon River. This decision establishes the Marañón River and its tributaries as rights holders, recognizing a set of inherent rights that protect its ecological integrity.

This historic ruling, the first in Peru to recognize a river as a legal rights holder, highlights a deep connection between nature and Indigenous communities. The victory is also a testament to the efforts led by the Huaynakana Kamatahuara Kana Federation, an Indigenous Kukama women's group from the Parinari district in Loreto province and region.

The Marañón River is one of Peru’s most important rivers and freshwater sources. Originating high in the Andes Mountains, it flows through a mountain valley before descending to the lowlands, where it merges with the Ucayali River to form the Amazon.

Since 1997, the Marañón has suffered over 60 oil spills from the Northern Peruvian Oil Pipeline and continues to face threats from proposed infrastructure projects, including hydroelectric dams and the Amazon Waterway, which multiple agencies, including the International Union for Conservation of Nature, have flagged as highly destructive. The river is also contaminated by mercury and other hazardous substances due to illegal gold mining, further endangering its ecosystems and the communities that depend on it.

Since 2021, the Huaynakana Kamatahuara Kana Federation has led a legal battle against the Peruvian State and authorities, demanding protection for the Marañón River from ongoing oil spills linked to the Northern Peruvian Oil Pipeline, operated by the state-owned Petroperú. The communities within this federation are still grappling with the devastating impacts of the 2010 Saramuro oil spill, which contaminated the main water source of communities along the river near San José de Saramuro. The lawsuit targets major actors, including Petroperú, government ministries, and the National Water Authority, among others.

With this second ruling, and despite appeals by the Ministry of Environment, the National Water Authority, and Petroperú to overturn the initial decision, the protection of the Marañón River has secured another significant victory.

The new resolution specifies  that this decision is a response to "the increasing pressures on ecosystems, which threaten their existence and essential functions - environmental, social and vital; (...) to the multiple oil spills that the Marañón River has suffered in recent years.”

The ratification of this ruling also stems from a hearing held last May, where Emilsen Flores and Gilda Fasabi, members of the Huaynakana Kamatahuara Kana Federation, represented their community. During the proceeding, both women passionately advocated for the protection of the Marañón River before the judges of the Civil Court of Loreto, urging them to uphold the measures set forth in the initial ruling.

“We are happy and grateful to the communities, the people, and our allies for all the joint work we have been doing for years. This achievement is for the Amazon and the country, but also for the entire world. Because defending the rivers is part of our lives, to leave as a legacy for future generations,"  says Mari Luz Canaquiri, president of the Federation Huaynakana Kamatahuara Kana, regarding the confirmation of the landmark ruling.

In this new ruling, the initial judgment is fully upheld, and Petroperú is ordered to provide "effective, immediate, and comprehensive" maintenance for the Norperuano Oil Pipeline. The recognition of the rights of the Marañón River is affirmed as a vital step to shield it from ongoing oil spills. The Chamber specifies that these recognized rights must be framed within principles of protection, conservation, maintenance, and sustainable use.

The court also upholds the initial judgment on appointing defenders and representatives, deeming it essential to ensure proper representation for those unable to assert their rights independently.

In her supplementary opinion, Judge Roxana Carrión Ramírez underscored her respect for the Kukama people's worldview, stating, “For the Kukama people, the Marañón River is the center of their universe. They share a profound, intrinsic relationship with the river, which serves as their primary source of food, water, and transportation.”

From now on, any extractive or other activity impacting the Marañón River and its tributaries—whether infringing on their right to flow free from contamination or their right to protection, preservation, and restoration—can be legally challenged.

“The struggle of the women of the Huaynakana Federation has not been in vain. The Loreto Court has upheld the Nauta ruling, recognizing rights for the Marañón River and affirming nature as a subject of rights,” emphasizes Maritza Quispe Mamani, lawyer at the Legal Defense Institute (IDL), who helped present and support the Kukama case.

“There is still much work ahead; we must now ensure this ruling is implemented, compelling state authorities to fulfill their mandates, particularly the maintenance of the North Peruvian Pileline (ONP) and the update of the National Environmental Management Instrument (IGA), which must include consultations with Indigenous communities,” concludes the specialist.

This outcome is the result of a collective effort supporting the women of Huaynakana Kamatahuara Kana in their defense of the Marañón River, with allies including the Instituto de Defensa Legal, International Rivers, Earth Law Center, Forum Solidaridad Perú, Quisca, Instituto Chaikuni, Radio Ucamara, Radio La Voz de la Selva, Mirella Pretell, the Parish of Santa Rita de Castilla, and the Apostolic Vicariate of Iquitos, particularly Bishop Miguel Ángel Cadenas and Father Manolo Berjón.

New Report Champions Legal and Financial Support for Earth-Centered Laws and Governance Ahead of Biodiversity Negotiations in Cali, Colombia

FOR IMMEDIATE RELEASE: October 3, 2024

Contact: Grant Wilson (gwilson@earthlaw.org, +1-510-566-1063)

Cali, Colombia— As countries prepare for the next round of global biodiversity negotiations at COP16, a new report, Ecocentrism in the Global Biodiversity Framework, outlines how developing countries, in particular the least developed countries and small island developing States, can secure portions of the Global Biodiversity Framework Fund (GBF Fund) – intended to reach $200 billion per year by 2030 – to harmonize their legal systems with the laws of Nature under the framework of “Mother Earth centric actions.”

Earth Law Center (ELC), alongside Rights of Mother Earth, Lawyers for Nature, End Ecocide Sweden, and Keystone Species Alliance, released the new report highlighting the potential to include transformative Earth-centered legal commitments in national biodiversity strategies. Specifically, the report calls for countries to incorporate the intrinsic value of Nature, the Rights of Nature (or Rights of Mother Earth), and other ecocentric commitments into their National Biodiversity Strategies and Action Plans (NBSAPs). 

Photo courtesy of Samuel LeGrys

NBSAPs are each country’s roadmap to meet the goals of the Kunming-Montreal Global Biodiversity Framework (GBF), the landmark 2022 biodiversity agreement aimed at reversing biodiversity loss and living in harmony with Nature by 2050. The report underscores that we stand at a unique juncture for nations to align with Earth-centered law and governance.

"To halt and reverse the biodiversity crisis, nations must urgently transform their laws and societies to live in harmony with Nature," said Grant Wilson, Executive Director of Earth Law Center and co-author of the report. "The Global Biodiversity Framework presents an unprecedented opportunity to advance the Rights of Nature and other transformative legal paradigms for the planet. For many countries, this could also mean receiving significant financial support, catalyzing a profound shift in how we relate to and protect the natural world."

The report further analyzes NBSAPs as essential roadmaps for implementing the GBF. It highlights countries including Slovenia, Aotearoa New Zealand, and Fiji that have already integrated ecocentric language into their plans. These countries are leading the way toward proving that legal affirmation of the intrinsic value of Nature and supporting the Rights of Nature can help achieve biodiversity targets.

Photo courtesy of Samuel LeGrys

The report also explores how to fund emerging ecocentric law movements. Target 19 of the Global Biodiversity Framework specifically allocates funding for “Mother Earth centric actions,” which are defined as ecocentric and rights-based approaches. This includes a range of commitments, such as Rights of Nature, legal guardianship of ecosystems, and Nature-conscious governance. The funding is primarily aimed at developing nations, presenting an opportunity to secure financial resources that can transform legal and governance systems toward Earth-centered laws. The GBF Fund is already operational and providing funding, as detailed in a chart in Section IV of the report, “Financing,” of approved Project Preparation Grants that highlight ecocentrism and Mother Earth centric actions). Yet it still has a long way to go to meet its $200 billion annual commitment by 2030.

One of the report’s key findings is the recognition of the intrinsic value of Nature itself. This principle is essential to transforming humanity’s relationship with the natural world. It calls for a paradigm shift wherein Nature is recognized not merely as a resource for human use but as a living entity with its own rights and inherent value. This shift is crucial for achieving the Convention’s 2050 vision of "Living in Harmony with Nature."

The report also provides an analysis of how ecocentric legal frameworks can be applied across various cultural and legal contexts to promote Earth-centered laws that support the health of all living beings. While Rights of Nature are an emerging framework in many countries, other ecocentric law movements that give Nature a voice or center the legal system in our connection with the Natural world are taking root in parallel.

Notably, the report was primarily authored by law school and undergraduate interns working alongside sponsoring organizations. These youth advocates, increasingly vocal in their support of Rights of Nature and ecocentric law, will join the Earth Law Center delegation at COP16 to engage with governments on how to implement transformative Earth-centered policies.

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Additional quotes:

"To achieve COP16’s theme of ‘Peace with Nature,’ acknowledging the Rights of Nature and Mother Earth should be at the top of the priority list of the Biodiversity Convention, not merely in the footnote,” remarked Doris Ragettli, Co-Founder of Rights of Mother Earth. “Just as the Human Rights Declaration paved the way for peace after WWII, we must now make Nature’s rights a global priority."

"Emerging initiatives to protect the Rights of Nature should be central to the journey to protect and restore biodiversity," said Jeremie Gilbert, an affiliate of Lawyers for Nature. "Our report shows that over 30 countries already recognize Rights of Nature through constitutional provisions, laws, or court decisions. Achieving 'Peace with Nature' requires incorporating these rights into biodiversity conservation efforts globally."

"The urgent need for societal transformation to meet the targets of the Convention on Biodiversity is increasingly recognized," stated Pella Thiel, Co-Founder of End Ecocide Sweden. "Truly transformative steps must address the root of the problem, which this paper does, with concrete actions that governments and other actors can take to move toward the Convention’s 2050 goal of living in harmony with Nature."

"It is incredibly inspiring to see people from all over the world with diverse interests uniting to uphold the intrinsic value of Nature,” said Emily Zinkula, a Stanford Law student who contributed to the paper as an intern at ELC. “For many of us, Nature's right to be protected feels intuitive. Seeing ELC and its partners tirelessly work to turn that intuition into a global truth is empowering. The recognition of Nature's Rights by global leaders gives much-needed hope, courage, and validation to a generation longing for it."

“The Animals’ Lawsuit Against Humanity” to Premiere at Climate Week NYC on Sept. 23rd, Exploring Interfaith Environmentalism and the Animal Rights Movement

FOR IMMEDIATE RELEASE: September 10, 2024

Contacts:

Grant Wilson, gwilson@earthlaw.org

Ciara Shea, cshea@earthlaw.org

Heather Robertson, hrobertson@earthlaw.org

New York, NY, September 23, 2024 – During the 2024 Climate Week NYC, Earth Law Center will host a live reading of the 1,000-year-old story “The Animals’ Lawsuit Against Humanity” at the AIA New York Center for Architecture. The play, which follows a group of animals who take humans to court for their poor treatment, alludes to the work of Earth Law Center and the broader Rights of Nature movement in ingraining the rights of animals and other natural entities into law.

Although its roots trace to India, Muslim scholars of a Sufi order in Iraq first wrote the story in the 10th century CE. Later, in the 14th century, the Christian king of Anjou ordered Rabbi Kalonymus ben Kalonymus to translate the Arabic version into Hebrew and Latin, and it has long been an important tale in Muslim and Jewish communities. Rabbi Anson Laytner and Rabbi Dan Bridge translated and adapted the story from Hebrew into English back in 2005. The theatrical reading of “The Animals’ Lawsuit Against Humanity” at Climate Week will be the official debut of Laytner’s adaptation of the story into a play.

Laytner and Bridge’s translation has been hailed by luminaries across religious traditions. The Islamic philosopher Seyd Hossein Nassar called it a “fascinating story of enduring spiritual worth and great current significance.” It has already made its way to schools in England, music festivals in Singapore, and more. Laytner also made it the focus of his recent novel, “The Forgotten Commandment.”

Rabbi Anson Laytner

Rabbi Laytner will speak at the theatrical reading during Climate Week. He celebrates the play’s interfaith approach to environmentalism, saying, “The message of this tale is shockingly contemporary, but equally surprising is its interfaith history which shows that the Abrahamic faiths all have strong teachings about how to care for other living things.”

Although “The Animals’ Lawsuit Against Humanity” is an ancient tale, its themes are especially valuable in light of the current ecological crisis, and speak to the ways in which legal systems can be used to enact rights for animals and ecosystems. In the play, humans move to an island previously inhabited only by animals and begin to exploit the animals for their own gain. Upset by their exploitation, the animals appeal to the King of the Jinn, who oversees a trial between the humans and animals. The trial itself is the focus of the play, as animals lament the human disregard for animal life, proclaiming, “There we are in the marketplace, being chopped up and sold, and that’s us! That’s our bodies, that’s our babies!” On the other side, some of the play’s humans argue that animals are rightless entities ripe for unfettered human use, while other humans, who could be described as environmentalists, align with the animals’ arguments.

ELC Executive Director Grant Wilson

Speaking to the conflict between animal rights and human exploitation, Grant Wilson, Executive Director of Earth Law Center (ELC), describes the relevance of “The Animals’ Lawsuit Against Humanity” to modern ecocentrism: “This ancient fable, over a thousand years old, mirrors the stark injustices that animals still face today: being treated as mere property and inferior to humans, both culturally and legally, with no formal rights of their own. In truth, humans are merely one small element in the vast, interconnected web of life. It’s time for our society and laws to recognize this reality.”

As the sponsor of the theatrical reading of “The Animals’ Lawsuit Against Humanity,” ELC has played a notable role in enshrining the Rights of Nature and animal rights across the globe. Focused particularly on animal rights, along with its partner organization, The Leatherback Project, ELC urged the creation of a national law in Panama protecting sea turtles, which was passed in 2023. In the U.S., ELC and partners have advocated for the rights of rivers, forests, and Southern Resident Orcas, amongst others. There are countless related campaigns globally.

Reflecting on this, Squil-le-he-le/Raynell Morris, a Lummi Nation elder, shared her wisdom on the kinship between humans and the natural world: “Everything in creation is our brother and sister. We have to respect everything and give thanks to everything—the winged, the finned, the four-legged, and the two-legged—because they are our relatives.” Morris has long fought for protecting the Southern Resident Orcas based on this kinship relationship, viewing them as “relatives under the sea” and rights holders. She will serve as a panelist after the reading. 

ELC’s work is part of a broader global movement to advance the Rights of Nature and the rights of specific animals. In 2008, Ecuador was the first country to add a Rights of Nature amendment to its constitution, and since then, Bolivia, Panama, Spain, Uganda, and others have also enshrined the Rights of Nature into national laws. In 2024, Teresa Vicente won a Goldman Environmental Prize for her work giving legal rights to the Mar Menor salt water lagoon in Spain. “The Animals’ Lawsuit Against Humanity” captures the historical precedent for the broader Rights of Nature and animal rights movements.

The play “mirrors the efforts of advocates across the world to recognize and defend the rights of ecosystems and species based on the reality that all life has a right to exist,” says Wilson. “Many of the arguments that the animals make in the play are the same ones made by ‘Earth lawyers’ in the courts today as they seek to create legal frameworks that represent all life, not only humans.”

Lotus Kay, one of the actors, is a 23-year-old singer-songwriter and author of a children’s book series aimed at educating kids about wildlife and promoting kindness towards the Earth. She said, “This story powerfully conveys the unfair way we view and treat animals, and the important message that animals and Nature should have rights—a perspective increasingly prevalent amongst youth. It is also wonderful to partner with an organization like the Earth Law Center, whose real work is representing the Earth and animals, who don’t have their own voice.”

“The Animals’ Lawsuit Against Humanity” will be produced by Liv Boren and Chris Dooly of Jack & Grace Productions and will be performed on September 23 at Climate Week NYC. Liv and Chris were drawn to this project because, “at a time when the natural world is under threat, there is power and wisdom in the tales of our past. J&G is thrilled to bring this show to life with Earth Law Center at Climate Week NYC, where we have the potential to reach young minds and foster real, long-lasting change.”

To register to attend, please follow this link and consider a $30 recommended donation to support ELC’s work, with a VIP ticket costing $100. Following the theatrical reading, there will be a panel with environmental leaders exploring the play’s applicability to modern-day legal movements and challenges, including the treatment of animals through factory farming.

The reading and panel will also be livestreamed (with watch parties) for those who would like to attend remotely.

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Actors Include:

• Chris Dooly, Narrator

• Lotus Kay, Donkey

• Keith Randolph Smith, General Havok

• Lee Wilkof, Ox, King Bersaf, Chef Orotundo, Phoenix, Parrot, Fly, King Snake, Frog

• Erin Neufer, Horse, Zoey Phile, Falcon, Wasp, Pig, Ima Phud, Snow Leopard

• Raquel Chavez, Sheep, Queen Lion, Peacock, Queen Bee, Cricket, Priest

Panelists:

• Karen Bradshaw, Professor of Law and Senior Sustainability Scientist Arizona State University

• Lindsey Marie Coffey, model, environmentalist, and former Miss Earth

• Squil-le-he-le/Raynell Morris, Events and Gatherings Producer, Children of the Setting Sun Productions  

• Zehra Abbas, EcoMuslim Alliance

Introduction from:

• Grant Wilson, Executive Director, Earth Law Center

• Anson Laytner, Script writer and author

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Event images, social media posts, and headshots available here.

PR: Earth Law Portal Launch

Legal Templates & Advocacy Tools to Save the Planet: Earth Law Portal Launches to Inspire Governments to Achieve Harmony with Nature in the Wake of Environmental Crisis 

EMBARGOED UNTIL: JULY 31, 2023 

Contacts: 
Grant Wilson (gwilson@earthlaw.org, 510 566 1063)
Kelsey Leonard (kleonard@earthlaw.org)
Rachel Bustamante (rbustamante@earthlaw.org)

New York, NY (July 27, 2023), Earth Law Center and partners proudly announce the soft launch of the Earth Law Portal, a groundbreaking digital platform designed to empower environmental advocacy and drive action for the protection and restoration of the planet. 

The Earth Law Portal will serve as a dynamic hub, providing accessible legal models, letters, videos, podcasts, reports, and other tools to empower communities, governments, and everyone to take action for Nature and the well-being of local communities. This innovative platform, set for an official launch during Climate Week in September 2023, ushers in a new era of environmental legal innovation, inviting global participation to lead a generation of Earth-centered laws that protect, restore, and stabilize the ecosystems in which all humans live in and are part of.  

The Earth Law Portal specifically advances the movement towards “Earth Law”—an emerging body of ecocentric law across the world that includes movements such as the Rights of Nature, rights of future generations, the criminalization of ecocide, guardianship of Nature, and Indigenous legalities. Earth Law represents a visionary body of law that seeks to evolve legal and governance systems to recognize our human responsibilities and interdependent relationship with the environment. 

Grant Wilson, Executive Director of Earth Law Center, expresses excitement about the Earth Law Portal and its potential to be a powerful force for positive change. “This platform serves as a vital resource for policymakers and government officials to access and enact transformative legal templates into legislation. It is also an inclusive and accessible space for collaboration and knowledge sharing, breaking down barriers and inspiring everyone to get involved.” 

The Earth Law Portal serves as a platform that showcases transformative legal movements and scales efforts by providing access to robust and effective legal models. These templates, drafted in collaboration with partners and inspired by emerging legal actions worldwide, have the power to make a significant impact, particularly as a growing number of governments consider evolving their legal system to better protect Nature. 

“The Earth Law Portal is like a fusion of LegalZoom’s access to templates and Avaaz’s advocacy tools, but with a clear mission to transform the legal system, granting Nature and future generations a voice in law," says Jonathon Keats, Principal Philosopher at Earth Law Center. "Its comprehensive features and user-friendly interface empower individuals to actively participate and create a positive impact."

For instance, policymakers might download a template resolution on recognizing the rights of the Southern Resident Orcas, a step that has already yielded significant results with five cities and three counties in Washington State and one city in Oregon passing such resolutions. Additionally, advocates can access template advocacy letters advocating for the rights of Orcas to be recognized. This real-world impact exemplifies the potential of Earth Law in action.

“​​Through engaging videos and a comprehensive literature review, the Earth Law Portal keeps users informed and offers insights into the latest advancements in Earth Law worldwide," says Ciara Shea, Attorney at Earth Law Center. "Moreover, its research and development section acts as a laboratory for sparking innovation and exploring new ideas to address the systemic environmental issues of the planet."

As part of Earth Law Center’s commitment to supporting the leadership of Indigenous Nations and communities in protecting Nature and mitigating the impacts of human-induced climate change, the Portal features an Indigenous Circle. This dedicated section serves as a platform to showcase legal models and strategies developed by and with Indigenous Peoples, rooted in the Indigenous legal systems and inherent relationship jurisprudence. 

“Ultimately the Indigenous Circle is a wonderful resource for Indigenous Nations and leaders to have a dedicated set of tools that they can deploy in defense of the sacred,” says Dr. Kelsey Leonard, Indigenous legal scholar and Director of Water Advocacy at Earth Law Center. 

“We recognize that Indigenous Peoples are at the forefront of biodiversity protection and conservation and ensuring that they have the necessary tools to succeed is a task Earth Law Center is committed to supporting and collaborating with communities to achieve.”  

One goal of the Earth Law Portal is to help the United States catch up to other governments that have embraced Earth Law movements in recent years. The U.S. was once a leader in the environmental law movement, passing a series of laws in the late-1960s and 1970s to protect air, water, and lands. However, recent political stagnation and shifting priorities have caused a decline in environmental commitments. Notably, the U.S. stands as the only country in the world yet to ratify the Convention on Biological Diversity, underscoring the urgency to renew our dedication to global environmental cooperation and conservation efforts. By amplifying cutting-edge efforts and partnering with organizations and allies to make best practices and resources accessible to all, the portal aims to reignite the nation's commitment to environmental protection and conservation. 

This, in turn, represents a significant milestone in the global journey towards a sustainable future. "In particular, I am thrilled to see how the Earth Law Portal can serve as a powerful catalyst to amplify legal progress for the Ocean both in the US and internationally," says Rachel Bustamante, Ocean Science and Policy Analyst of Earth Law Center. "For example, a featured template resolution supports the Universal Declaration of Ocean Rights, which could be passed at any level of government. This critical initiative can help align global governance by expressing the fundamental values we all share about the Ocean, fostering better protection and restoration measures for this life-sustaining ecosystem on Earth.”

To explore the Earth Law Portal and join the global movement to advocate for all life on Earth, visit www.earthlawportal.org/. 

About Earth Law Center

Earth Law Center is a 501(c)3 non-profit organization working to advance Earth-centered laws and policies that restore Nature to health. We advocate for a transformation in our legal, governance and economic systems, and the relationships, values, ethics and beliefs that create their foundation. Earth Law Center is a member of the United Nations’ Economic and Social Council (ECOSOC) and the International Union for the Conservation of Nature, an expert and partner of the UN Harmony with Nature Initiative, and a member of the High Seas Alliance.

New Report from Earth Law Center Advocates for Ocean Justice in Global Plastics Treaty

FOR IMMEDIATE RELEASE: February 29, 2024

Contact:

Rachel Bustamante (rbustamante@earthlaw.org) 

New York, NY (February 29, 2024), Today, Earth Law Center (ELC) released a groundbreaking report: Advancing Ocean Justice in the Global Plastics Treaty. The report advocates for a justice-centered approach to the treaty on plastic pollution, which is currently being negotiated by the United Nations and is expected to be complete by the end of 2024. 

The latest draft treaty text (Revised Zero Draft), prepared by the Secretariat of the International Negotiating Committee on Plastic Pollution (INC), lacks a binding obligation to protect human rights. ELC’s report emphasizes that ocean justice—comprising the protection of the ocean, the fulfillment of human rights, and the progression of social equity—is crucial for achieving an effective agreement. With the next round of negotiations scheduled for April in Ottawa, Canada (INC-4), this report can serve as a vital advocacy tool, highlighting how the full lifecycle of plastics disproportionately harms the ocean and marginalized communities and thus demands a response grounded in justice.

“The importance of embedding justice within this treaty cannot be overstated,” said Rachel Bustamante, Ocean Program Director at ELC. “The plastic lifecycle jeopardizes every Sustainable Development Goal, contributes significantly to global climate change, and threatens human rights worldwide. How equitable and just this treaty turns out to be will have undeniable implications for people, the ocean, and truly, the planet.” 

The Report introduces ocean justice and maps the communities most affected by the lifecycle of plastics, including Small Island Developing States, Indigenous Peoples, People of Color, the Global South, youth, and other marginalized communities. While plastics impact every human being, it is clear that disproportionate negative impacts occur across race, occupation, ethnicity, class, gender, and age.

Additionally, the report features a map illustrating country-level support for including human rights in the treaty, revealing notably stronger endorsements across the African and Latin American regions. 

In 2022, the UN General Assembly took the monumental step of recognizing the human right to a clean, healthy, and sustainable environment,” said Ciara Shea, environmental lawyer at ELC. “The plastics treaty now is an important opportunity to reaffirm and strengthen that position by aligning every provision with human rights.”

In terms of toxicity, pollution, and economic harm, plastics have been anything but just. Yet the current draft of the treaty does not contain a single instance of the word "justice," much less a substantive incorporation of justice principles and human rights. A central part of the Report findings includes the results of a survey conducted by ELC to representatives of government, nonprofit organizations, academia, and business. Notably, 86.5% of respondents supported environmental justice and 71.2% supported Rights of Nature to be guiding principles of the treaty. Other recommended principles of law include Indigenous Knowledge, polluter pays, intergenerational equity, and common but differentiated responsibilities and respective capabilities.  

When asked about the significance of young professionals leading this report, Bustamante, herself a Gen-Z ocean policy analyst, commented: “Youth are among the strongest advocates for an interconnected view of ocean protection, fossil fuel phase-out, and support for vulnerable communities. This perspective has thus far been in the shadows of the plastics treaty, but these crises are intertwined whether we acknowledge it or not. We call upon the INC to center youth voices and for Member States to advance ocean justice at INC-4.”

“This project opened my eyes to the critical need for ambitious and strong language to curb plastic pollution,” said Collin Oliver, an ELC environmental intern and recent university graduate. “Plastics are fossil fuels, and the full lifecycle not only accounts for 3-8% of global greenhouse gas emissions but also releases harmful chemicals and microplastics into the environment and frontline communities.”

The second half of the Report provides textual recommendations for the treaty, offering a roadmap for embedding justice throughout its articles. This section covers issues such as microplastics and a just transition and cites numerous relevant case studies. Audrey Danthinne, an ELC environmental jurist, affirmed, “To ensure a just transition, the treaty must adopt a whole-of-society, justice-centered approach, ensuring that no one is left behind.” 

It's not too late for the remaining treaty negotiations to help produce a meaningful turning point in humanity's relationship to plastics. ELC's Report fills a critical gap in advocacy, offering a roadmap toward a plastics treaty that ensures justice for the ocean and affected communities, protecting human rights and progressing social equity.

Image Credit: NOAA, Unsplash.com

Earth Law Center
(www.earthlawcenter.org) Earth Law Center (ELC) is a 501(c)(3) non-profit organization working to advance ecocentric laws, policies, and governance for the well-being of the Earth Community. ELC aims to mitigate the effects of climate change, biodiversity loss, and degradation of ecosystems and to restore a flourishing Earth Community on behalf of present and future generations of all species. ELC is a member of the United Nations Economic and Social Council (ECOSOC), the Plastic Pollution Coalition, the International Union for the Conservation of Nature, and the High Seas Alliance.

PRESS RELEASE - Panama's Supreme Court Upholds Rights of Nature, Declares Country's Largest Copper Mine Unconstitutional

PANAMA’S SUPREME COURT UPHOLDS RIGHTS OF NATURE,  DECLARES COUNTRY’S LARGEST COPPER MINE UNCONSTITUTIONAL

FOR IMMEDIATE RELEASE: November 29, 2023

Contacts:

• Juan Diego Vásquez Gutiérrez, Congressman - Panamanian Parliament (jvasquez@asamblea.gob.pa, +507 6980-6821)

• Callie Annette Veelenturf, The Leatherback Project (callie@leatherbackproject.org, +1 (508) 315-9464)

• Constanza Prieto Figleist, Earth Law Center (cfigelist@earthlaw.org, +1 (202) 621-3877) 

• Rachel Bustamante, Earth Law Center (rbustamante@earthlaw.org, +1 (240) 490-0219)

Panama City, Panama: On November 28, 2023, Panama’s Supreme Court unanimously ruled the Cobré Panamá copper mine unconstitutional, following weeks of nationwide protests. According to President Laurentino Cortizo, a process to close the mine will soon commence. The Court’s decision references the national Rights of Nature law, Law 287, passed in February 2022, among its rationale for ruling against the mine. The ruling represents a landmark victory for the burgeoning Rights of Nature movement, which seeks to recognize that Nature has basic rights under the law, just as humans do. 

In a clear application of Panama’s Rights of Nature law, the court took an ecocentric perspective, reaffirming that Nature is a subject of rights, including ensuring Nature is protected, restored, and can regenerate its life cycles. In accordance with these rights, the court affirmed that the government of Panama is required to develop “necessary public policies to ensure ‘the highest interest of Nature,’ now for its intrinsic value, and regardless of the utilitarian value it has for human beings.” The court then determined that the mining contract did not meet these standards because it failed to include strict measures to prevent environmental damage.

Congressman Juan Diego Vásquez Gutiérrez, an independent politician who is the youngest Panamanian Congressperson, introduced the national Rights of Nature law to Panama's National Assembly. He said:

“I am very happy to have been part of a fundamental legal instrument to end the metal mining industry in the country. This is one of many tangible effects that we must repeat in defense of the environment thanks to legislation like this.“

The public outcry began in October following the government’s renegotiated contract with a Canadian mining company, First Quantam Minerals, that would have extended mining operations for the next 20 years in the biodiverse Colón Province near the Caribbean coast. Opponents claimed expanded exploration would further degrade coastal rainforests that supply freshwater to the region, harming the Indigenous population and endangered species including the Geminis’ poison dart frog (Andinobates geminisae) and several bird species. 

When asked the significance of this ruling to the Rights of Nature movement, Callie Veelenturf, marine conservation biologist, National Geographic Explorer, and Founder of The Leatherback Project, who originally proposed the concept of a new Rights of Nature law in Panama to Congressman Juan Diego Vásquez, stated:

“The Supreme Court’s reference to Panama’s Rights of Nature law carries significant weight and exemplifies for the world a tangible example of how Rights of Nature laws, inspired and informed by science, can be used to protect Nature. I am exuding with hope for the future of nature conservation in Panama, including the implementation of Panama’s new sea turtle conservation Law 371, which also includes the recognition of the intrinsic rights of sea turtles. I greatly admire the indomitable people of Panama for defending Nature with such determination and persistence.” 

This win for Rights of Nature implementation comes after a similar blocking of a copper mine earlier this year in Ecuador, where a provincial court ruled a mining project violated the constitutional Rights of Nature in the Intag Valley of the Tropical Andes. Additionally, in 2022, the Convention on Biological Diversity became the first international agreement to include the Rights of Nature, producing the Kunming-Montreal Global Biodiversity Framework as one approach to meeting the 23 action targets for biodiversity protection over the next decade. Panama’s recent ruling aligns with the biodiversity treaty’s objectives to reduce the loss of biodiverse areas (Target 1) and human induced extinction to threatened species (Target 4). 

Constanza Prieto Figelist, Latin America Legal Director at Earth Law Center, which provided input and expertise on the Rights of Nature during the legislative drafting process, commented:

“This case demonstrates that under a Rights of Nature framework, governments must give stronger consideration to the health and intrinsic value of Nature when overseeing mining and other activities, elevating the interests of species and ecosystems to a higher status alongside human interests. The case also demonstrates that the Rights of Nature is an effective tool to protect the environment where traditional laws might fall short. We hope this will inspire other governments to give Nature a formal voice and rights in the legal system, as Panama did.” 

Panama has become a world leader in the larger movement to recognize the Rights of Nature and was the third country to recognize the Rights of Nature on a national level. Globally, Rights of Nature is now recognized at some level of government in about 30 countries. For example, in 2008, Ecuador became the first country in the world to constitutionally recognize the Rights of Nature. Just this year, the rights of the Ocean or “Ocean Rights” was presented to the United Nations General Assembly,  Spain recognized the Mar Menor saltwater lagoon as a legal entity with legal rights, and seven municipal and county governments in Washington State (USA) recognized the rights of the Southern Resident Orcas, an endangered species, in an important step toward protecting them and their habitat, the Salish Sea. Panama is expected to continue implementing the Rights of Nature in its legal system in the coming years. 

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The Leatherback Project (https://www.leatherbackproject.org) is a 501(c)(3) nonprofit organization dedicated to the conservation of the massive leatherback sea turtle throughout its global range through research, education and advocacy initiatives aimed at mitigating fisheries bycatch, reducing plastic pollution and combating climate change. While studying sea turtles in Panama, Founder and Executive Director of The Leatherback Project, Callie Veelenturf, originally brought the concept of Rights of Nature to Juan Diego Vasquez as a proposal for a new law. 

Earth Law Center (www.earthlawcenter.org) is a 501(c)(3) non-profit organization working to advance laws and policies that restore nature to health. They advocate for a transformation in our legal, governance, and economic systems, and the relationships, values, and ethics that create their foundation. Earth Law Center is a member of the United Nations’ Economic and Social Council (ECOSOC) and the International Union for the Conservation of Nature, an expert and partner of the UN Harmony with Nature Initiative, and a member of the High Seas Alliance. 

House of Representatives of Rhode Island supports recognizing the rights of natural communities and ecosystems in the Ocean State

FOR IMMEDIATE RELEASE: May 16th, 2023

Contacts: Michelle Bender (mbender@earthlaw.org, +1 509 218 9338)

Johan Strid (Johan.strid@theoceanrace.com, + 46 708 85 36 46)

Providence, RI (May 16th, 2023)— Last week, on May 9th, the House of Representatives of Rhode Island approved a resolution welcoming The Ocean Race, recognizing the rights of their communities to live in a healthy and clean environment, and recognizing the rights of natural communities and ecosystems within Rhode Island to exist, flourish, evolve, regenerate, recover, and be restored in the state of Rhode Island.

“Once again, Newport is thrilled to welcome the Ocean Race to our City by the Sea. Additionally, the wellbeing of Rhode Islanders is inextricably linked with the health and integrity of the Ocean, including the physical systems, ecosystems, and species. Rhode Islanders recognize that our natural environment is one of our most valuable cultural and economic assets not just locally, but nationally and globally; bringing more than 12 million annual visitors, our blue economy alone generates approximately $5 billion and 36,500 jobs,” said Newport Representative Lauren Carson. Carson and Representative Terri Cortvriend, (Portsmouth and Middletown) introduced the House resolution.

“Rhode Island once again has the honor of hosting the 2023 Ocean Race which is on a six-month journey to circumnavigate the globe, making stops in only eight cities worldwide and a fly by at one additional city, and we were chosen for the start of Leg 5 of the race,” said Representative Terri Cortvriend. “This event also reminds us once again that Rhode Island must regularly evaluate whether its plans, laws, and programs are sufficient to meet the growing environmental crisis, including climate change and biodiversity loss, and we must explore all means of addressing them.”

With over 400 miles of coastline, Rhode Island is known as ‘the Ocean State.’ The resolution recognizes the importance of Rhode Island's blue economy and the steps the State must take to protect its biodiversity. In the last fifty years, national and state governments have made efforts to address the crisis by adopting specific environmental protection laws, such as the Clean Water Act, Clean Air Act, and the National Environmental Policy Act. While these laws set limits on pollution and consumption, there remains a pressing need to ensure the long-term protection of our right to clean air, water, and soil, sustainable food systems, and the rights of natural ecosystems.

“The support by Representatives Carson and Cortvriend is honestly a dream come true. The Rights of Nature movement actually began in the United States in 2006 and has really exploded at the local level, with dozens of resolutions and ordinances now being enforced,” says Michelle Bender, Ocean Campaigns Director at the Earth Law Center. “We hope this is just the first step for not only Rhode Island, but other States and the U.S. as a whole to protect and restore ocean health. We have one Ocean, regardless of the imaginary boundaries that are drawn between states or countries, she ebbs and flows beyond them and is therefore the shared responsibility and common heritage of all humankind. This is why it is necessary to gain support by governments worldwide to recognize the Ocean’s unique rights and characteristics and break down the jurisdictional hurdles with a shared vision and ethical foundation for how we value and interact with the Ocean.”

“The Ocean Race is a race for the ocean. Together with teams, sponsors and policy makers all over the world, we race to safeguard the ocean. As sports people, we like fair rules and fair play, but there is no fair play with the ocean, as our sailors witness as they sail across the planet in The Ocean Race. So we need fair rules and sharper governance to allow the ocean to thrive. Together with policy makers all around the world we work for a universal recognition of the inherent rights of nature, and of the ocean. The decision made at the State House here in Rhode Island today is one significant step on this route.” Richard Brisius, Chairman The Ocean Race

The first Newport stopover in The Ocean Race was hosted by Sail Newport during the 2014–15 edition and the fleet returned again for the 2017–18 race, making the 2022–23 Newport stop the city’s third consecutive participation in the around-the-world race. The Ocean Race event had a wide-ranging economic and tourism impact on the community. The 2015 stopover generated an estimated $47.7 million to the Ocean State’s economy. Both previous visits of The Ocean Race to Sail Newport drew large visitor numbers, with over 137,000 people in the race village at Fort Adams in 2015 and over 100,000 in 2018.

The Rights of Nature movement continues to grow in the Pacific Northwest

The Rights of Nature movement continues to grow in the Pacific Northwest. The City of Des Moines joins four cities and two counties proclaiming support for legal recognition of the rights of the Southern Resident Orcas

FOR IMMEDIATE RELEASE: March 9, 2023 

Contacts: Michelle Bender (mbender@earthlaw.org, 509 218 9338) 

    Kriss Kevorkian (kriss@legalrightsforthesalishsea.org, 310 508 5544)

Des Moines, WA (March 9, 2023)— The Mayor and City Council Members of the City of Des Moines, signed a Proclamation describing the City of Des Moines support for action by local, state, federal and tribal governments that secure and effectuate the inherent rights of the Southern Resident Orcas. This Proclamation (included below) comes after the cities of Port Townsend, Gig Harbor, Langley and Bainbridge made history by passing similar proclamations. Jefferson County passed their own proclamation in January and San Juan County followed shortly thereafter.

The Southern Resident Orcas ("the Orcas”) are culturally, spiritually, and economically important to the people of Washington State and the world. However, despite international, federal and state legal protections for nearly two decades, the population continues to decline and is critically endangered, with only 73 individuals left in the wild. There is concern that our actions to date have simply not been enough to reverse their decline, and that transformative, system, and value based change is needed.

This momentum is due to a campaign launched by Earth Law Center and Legal Rights for the Salish Sea (a community group based in Gig Harbor, Washington) where local organizing is signaling a paradigm shift in society’s relationship with Nature. “Though nonbinding, the local proclamations are communicating what Washingtonians value and as we have seen with similar movements, including plastic bag bans, can be a powerful catalyst in the lead to binding State action.” Michelle Bender, Ocean Campaigns Director at Earth Law Center.

“Des Moines is a leading city in Puget Sound/South Salish Sea concerning efforts to bring awareness to the health of our waters. Des Moines has the MaST Center Aquarium in partnership with Highline College to educate our students regarding the sound and it’s sea life, we host SR3 – Sealife Response, Rehabilitation and Research operation which nurses sea creatures to health with the mission to return these animals to the wild and better understand their health and survival, our city also has the Maritime High School (a state high school program dedicated to our waters health and future) located within our boundaries, along with other efforts concerning local streams that flow into the sound and restoring the salmon population. This proclamation is another step in standing with those who care for and seek the resurgence of our Orca population in our local waters.” Matt Mahoney, Mayor, Des Moines, WA.

“I would like to see the SRO population go back over 100 and keep going higher. They need our help. They are a keystone species of the Salish Sea. I resonate with the idea of The Lummi and other First Nations that consider them to be members of their family, in a literal sense. I find that concept amazing. It shows the high respect and understanding they have of non-human form beings. They've had a positive relationship with the SROs and other living beings in the area for thousands of years. That contrasts starkly with much of the modern Western world that sees non-human form beings as mere property or pests, something you can do whatever you want with. I disagree with that view in a moral, scientific, objective, subjective, and spiritual sense. It doesn't make sense.” Elliott Lytle, Wildlife Advocate, Des Moines, WA

Kriss Kevorkian, founder of Legal Rights for the Salish Sea (LRSS), noted, "I've heard from scientists just starting in their careers that the rights of Nature resonates with them far more than the notion of ‘marine mammal management’ ever has. Thankfully, like us, they see that the Southern Resident Orcas should have the same rights as we do."

Legal rights for species and their habitats is not new. Indigenous understandings of our kinship with other beings has existed since time immemorial. Hundreds of Rights of Nature laws exist in approximately 30 countries, with dozens at the local and tribal levels in the United States, including Santa Monica’s Sustainability Rights Ordinance and the Nez Perce’s resolution recognizing the rights of the Snake River. Both San Francisco and Malibu passed resolutions in 2014 protecting the rights of whales and dolphins in their coastal waters. 

"Supporting the inherent rights of our beloved Southern Resident Orcas protects the Pacific Northwest environment for all living creatures.” Sharon Grace, attorney and long-time San Juan Island orca advocate.

This effort is also supported by an online change.org petition and declaration of understanding, of which over 10 organizations have signed onto. Earth Law Center created a toolkit to help advocates introduce a resolution to their local communities, share the campaign on social media and other helpful talking points. You can take action and view the toolkit here. 

Additional Quotes:

“Our Lhaq'temish term for killer whales is qwe’lhol’mechen, meaning “our relations under the waves.” They are members of our family, and we have a sacred obligation to help heal and protect them. Recognizing our relations’ inherent rights is critical to this work.  We are guided by ancestors and our culture, and we appreciate these Proclamations that bring us all together in our shared responsibility to our whale relatives and also to our own future generations.” says Squil-le-he-le, Raynell Morris, Lhaq’temish matriarch and Lummi Nation tribal member. 

“If any population of animals on the planet warrant personhood it would be the Southern Resident Orcas. They are the most well studied population of animals on the planet. And over the past 50 years, we've come to see them as conscious individuals who are tightly bonded with their family members and clan. The Southern Resident Orcas co-evolved in the Pacific Northwest with the Chinook salmon that they rely on, and it's our responsibility to respect them and the ecosystems that they rely on.” Dr. Debra Giles, Science and Research Director at the non-profit, Wild Orca.

“Orcas are invaluable assets as keystone species to the ocean. They provide rich biodiversity to the environment with their presence bringing positive contributions to the natural cycle of the ocean. Granting orcas legal rights will assure the oceanic environment remains as pure as intended.” - Pooja Sharma, Director of Legal Advocacy and Policy at Keystone Species Alliance

“Environmental laws should mean protecting the environment through compromise; compromise for an equitable and healthy future for all of Nature, of which we are a part of. Recognizing inherent rights does not automatically mean no whale watching or fishing, but it does mean a hard look and re-evaluation of human activity and the way we do business. We can either continue business as usual and entire ecosystems will collapse, leaving us without the industries we cherish anyway, or reduce our impact and proactively restore ecosystems now to ensure such industries that contribute to our livelihood still exist 30, 50 and 100 years from now." Michelle Bender, Ocean Campaigns Director at Earth Law Center. 

 “Recognizing the Southern Residents’ legal rights means that we must consider their wellbeing and needs in addition to human interests in decision making, and that they will have a voice in a variety of forums, including courts. One way that could be done is through human guardians acting on their behalf and in their best interests,” explained Elizabeth Dunne, ELC’s Director of Legal Advocacy. “When structures such as the lower Snake River dams interfere with the Southern Residents’ ability to obtain prey (salmon) crucial for their survival, then to realize their rights we must find solutions to remedy the problem.” 

“Over the ensuing years we have learned much about Orcas and the peril the resident Orcas are in. Recognizing and respecting the “Rights of Orcas” is an essential part of understanding Orcas and advocating for them. Knowing that Orcas have rights brings them “closer” to us.” Patrick Johnson, Co-Chair Green Sanctuary and Environmental Action Team, Quimper Unitarian Universalist Fellowship.

“A Native elder once said, ‘My relatives, the orca, only eat Chinook. I don't need it, so I leave it for them.’ We can all do something. We can choose to change our behavior in order to save the Southern Residents.” Kathleen Waldron, Citizen Scientist, Jefferson County

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Earth Law Center (ELC) (www.earthlawcenter.org) works to transform the law to recognize and protect nature’s inherent rights to exist, thrive and evolve. ELC partners with frontline indigenous people, communities and organizations to challenge the overarching legal and economic systems that reward environmental harm, and advance governance systems that maximize social and ecological well-being.

Legal Rights for the Salish Sea (LRSS- http://legalrightsforthesalishsea.org/) is a local community group based in Gig Harbor, WA, founded by Dr. Kriss Kevorkian, educating people to recognize the inherent rights of the Southern Resident Orcas. Under our current legal system humans and corporations have legal standing but animals and ecosystems don’t. We believe that animals and ecosystems should also have legal rights, not just protections that can be changed by different administrations.

PANAMA PASSES NATIONAL SEA TURTLE LAW RECOGNIZING THEIR RIGHTS

FOR IMMEDIATE RELEASE: March 14, 2023

Contacts:

Gabriel Silva, Congressman in The National Assembly of Panama

(gsilva@asamblea.gob.pa)

Callie Veelenturf, Executive Director/Marine Biologist, The Leatherback Project (callie@leatherbackproject.org)

Constanza Prieto Figleist, Latin America Legal Director, Earth Law Center (cfigelist@earthlaw.org) 

Michelle Bender, Ocean Campaigns Director, Earth Law Center 

(mbender@earthlaw.org) 

Panama City, Panama: On March 1, 2023, Laurentino Cortizo, President of Panama, signed a national law that promotes the Protection and Conservation of Sea Turtles and their Habitats. This law, among other protections, recognizes in article 29, the inherent rights of sea turtles and their habitats. The law was introduced by Congressman Gabriel Silva in 2021 and passed through three legal debates to receive input and formulate the law before making its way to the President's desk. As an example of a ‘Rights of Nature’ law, it recognizes sea turtles in Panama as a subject of rights, with rights to live and have free passage in a healthy environment, free of pollution and other anthropocentric impacts that cause physical damage, including incidental capture, coastal development and unregulated tourism, among others.

[Photo by Dustin Haney on Unsplash]

As one of the most biodiverse countries in the world, the Republic of Panama is leading the way in ocean protection. The 2023 Our Ocean Conference was held in Panama March 2nd and 3rd, which gathered government, industry, science and civil society to discuss challenges facing the ocean. This triumph for sea turtles occurred concurrently with the conference and several other notable commitments by Panama for the ocean:

• Laurentino Cortizo, President of Panama, and Milciades Concepción, Minister of Environment, signed the decree to expand the Banco Volcán marine protected area, leading the country to protect more than 50% of its marine territory, significantly ahead of the 2030 pledge. 

• A new marine refuge was proposed in the Gulf of Panama on the Pacific coast, namely the Refugio de Vida Silvestre Saboga, which is now open to public comment, and includes language to recognize and defend the Rights of Nature in the refuge. 

• Milciades Concepción, Minister of Environment, spoke about the national Rights of Nature law that was passed in February, 2022 and entered into force a few days before the conference (February 24, 2023) stating it is “a new tool to combat the ecological damage caused by humans.” 

Gabriel Silva, a lawyer, professor and Congressman in The National Assembly of Panama, in a video stated, “this is an important step forward. Created and in conjunction with the Panatortugas Network, the Ministry of the Environment, biologists, and experts in the subject, this will help us preserve the oceans, sea turtles and our environment.”  

Over the last 50 years, marine biodiversity has declined by 49 percent, and over 60 percent of the world's 356 turtle species are threatened or already extinct, making them amongst the most vulnerable animals on Earth. There are five species of sea turtles that occupy Panama’s waters, three of which are globally considered vulnerable to extinction, one which is endangered with extinction and another which is critically endangered with extinction. Having existed for over 200 million years, sea turtles worldwide are at risk of extinction due to human-induced threats such as entanglement in fishing gear, illegal trade and consumption, coastal development, pollution and climate change. 

In addition to recognizing the inherent rights of sea turtles, the law requires fisheries to implement measures to avoid incidental catches, regulates tourism activities in sea turtle habitats, and creates a national committee to conserve sea turtles, charged with identifying and recommending protected areas, ensuring development activities do not affect their populations, and creating an action plan every five years, among other responsibilities. 

When asked how about her involvement in this process and reaction to the passage of the law, Callie Veelenturf, a marine conservation biologist and National Geographic Explorer, studying sea turtles in the Pearl Islands Archipelago in Panama, stated “as a marine biologist, I understand the critical importance of protecting these flagship species and their habitats. The recognition of sea turtles’ inherent rights is encouraging to me, as it can prompt discussions on pressing threats to the Ocean, and studying these species can offer valuable insights into Ocean health and conservation needs. This step to safeguard their populations is impactful for Panama as a leader in the Rights of Nature movementand for global conservation efforts!”

[Callie Veelenturf in the field in the Pearl Islands; photo taken by Tiff Duong]

Latin American Legal Director Constanza Prieto Figelist at Earth Law Center, an NGO who provided expertise to the draft law, commented on the significance of this legal advancement, stating “this law can advance the conservation of endangered sea turtles by ensuring an  ecosystem perspective, strengthening standards of conservation, and including the inherent needs and health of turtles and their habitats in decision making. From the comparative experience of the Rights of Nature movement, we have learned the enforceability and the implementation of Rights of Nature requires a specification of Rights of Nature and inclusion of the whole perspective in subsequent laws. This is a new discipline and the government, decision makers and courts need specific models of conduct and standards to follow.”

Panama’s national Rights of Nature law protects all ecosystems and species, including Sea Turtles. “However this specification recognizes and protects sea turtles as living beings with intrinsic value as individuals, in addition to their ecosystems, which will allow their needs and interests to have serious weight in the implementation of the law. This is quite different from merely identifying the short-term or ‘ecosystem services’ sea turtles provide largely in the context of human interactions, and instead ensures decisions look at the role sea turtles play as individuals to other species, a healthy ecosystem and broader ocean functioning. This is, for example, similar to what we have seen in Ecuador in their constitutional court, where in 2022, a landmark ruling found that individual wild animals are subjects of rights under Ecuador’s constitutional recognition of the Rights of Nature.” says Michelle Bender, Ocean Campaigns Director at Earth Law Center.

Hundreds of Rights of Nature laws exist in over 30 countries, with Ecuador having passed a constitutional amendment, and Bolivia and Panama having passed national laws. Though not exactly Rights of Nature, other national laws exist of a similar goal, for example, New Zealand’s Government legally recognizes animals as sentient beings; the Uttarakhand High Court of India ruled that the entire animal kingdom are legal entities with rights; and the United Kingdom now recognizes lobsters, crabs, and octopus as sentient beings.

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The Leatherback Project https://www.leatherbackproject.org, is an organization dedicated to the conservation of the massive leatherback sea turtle throughout its global range through research, education and advocacy initiatives aimed at mitigating fisheries bycatch, reducing plastic pollution and combating climate change. While studying sea turtles in Panama, Founder and Executive Director of The Leatherback Project, Callie Veelenturf, originally brought the concept of Rights of Nature to Juan Diego Vasquez as a proposal for a new law. 

Earth Law Center (ELC) https://www.earthlawcenter.org, is a nonprofit organization, with offices in the United States of America, Mexico and Canada. ELC champions Earth-centered laws and community-led movements that respect and protect all life on the planet, including the promotion of Rights of Nature. The Earth Law Center was involved in developing, debating, and revising the first draft of this new law to incorporate successful principles and verbiage from other successful bills around the world. 

COP15: Landmark Biodiversity Deal Recognizes Rights of Nature is Vital to its Success

Contacts:       

Rachel Bustamante (rbustamante@earthlaw.org, +1-240-490-0219) 

Pella Thiel (pella.thiel@endecocide.se +46-73-658 98 84)

Doris Ragettli (doris@rightsofmotherEarth.com +41-79-775-7059)

Vera Urtaza (vera@keystonespeciesalliance.org +52-55-7897-9342)

Montreal, Canada—Negotiators from across the world have adopted a landmark global biodiversity agreement marking the first international agreement to explicitly promote “rights of nature” and “rights of Mother Earth.” The breakthrough came as nearly 200 countries completed their negotiations at COP-15, the United Nations Biodiversity Conference aimed at creating a plan to protect and restore biodiversity through 2030. 

The outcome document, called the Kunming-Montreal Global Biodiversity Framework, adopts 23 conservation targets as well as guidance for implementation. The framework highlights rights-based protections for Nature in several sections. 

• For example, the framework “recognizes and considers … diverse value systems and concepts, including, for those countries that recognize them, rights of nature and rights of Mother Earth, as being an integral part of its successful implementation” (Section C(9), emphasis added). 

• Additionally, the framework calls for at least $200 billion by 2030 to implement national biodiversity strategies and action plans, including “Mother Earth centric actions” that are defined to include ecocentric and rights based approaches that promote the continuity of all living beings and their communities (Target 19, emphasis added).

Delegates from Bolivia championed the inclusion of Rights of Nature and Rights of Mother Earth (terms that are roughly synonymous) with support from Ecuador and New Zealand, while negotiating with countries who originally opposed the text (Argentina, Japan, the EU, and Australia, among others). Opposition largely derived from countries stating that their legal systems do not have similar laws, but ultimately negotiators reached consensus on the final text. 

“What we have seen thus far in conservation at the international level is that our values, or how we value Nature, shapes how effectively we protect and restore biodiversity,” said Rachel Bustamante, Conservation Science & Policy Analyst for Earth Law Center, who co-led a civil society ‘Rights of Nature Delegation’ advocating for the voice of Nature at COP-15. “Rights of Nature in this international treaty will help encourage a proactive and caring approach to conservation, where society considers the interests and needs of biodiversity beyond the benefits that humans receive. This has certainly been lacking by the majority of decision makers but is fundamental in many Indigenous peoples’ understandings and governance systems. The fact that the treaty now encourages us to learn from and work with differing value systems demonstrates leaders are willing to utilize new tools to prevent further biodiversity loss.”

In addition to support for the Rights of Nature, one of the major outcomes of the framework is support for 30x30, a commitment to preserve 30 percent of all land and seas by the year 2030. This is backed with strong language to ensure protection of Indigenous rights, a concern of many for implementing protected areas without infringing on traditional territories. Some civil society groups pushed for 50x30, arguing that the Global Safety Net report and other scientific sources conclude that 50% global protection by the year 2030 is needed to protect biodiversity and reverse climate change. 

Globally, Rights of Nature is now recognized at some level of government in about 30 countries. For example, in 2008, Ecuador became the first country in the world to constitutionally recognize the “Rights of Nature,” thereby granting basic rights to Nature, just as humans possess rights. Just this year, Panama nationally recognized the Rights of Nature, Spain recognized the Mar Menor saltwater lagoon as a legal entity with legal rights, and two local townships in Washington State recognized the rights of the Southern Resident Orcas in an important step toward protecting the endangered species and their habitat, the Salish Sea. 

This news is a tremendous victory for groups involved, who have been collaborating for three years to encourage the inclusion of Rights of Nature language in the post-2020 framework. Their efforts received support from approximately 200 organizations and individuals from over 40 countries. 

Additional Quotes

Vera Urtaza, co-founder of Keystone Species Alliance, is equally excited about the adopted text, stating she acknowledges that “one way to get closer to achieving the Paris Agreement goal of staying ‘well below 2 degree Celsius” is to acknowledge that Nature has rights, that we share this planet with 8.7 million known species and that it is our duty to change course to avoid our own extinction. We are  Nature, and we need to respect and honor life on Earth.

 “Inclusion of the Rights of Nature in this international biodiversity agreement is a watershed moment for the movement on one of the world’s biggest stages,” said Missy Lahren, Board President at Earth Law Center. “This victory will also help propel the Rights of Nature and other ecocentric law movements into new jurisdictions as well as within other international treaties.”

“I have the greatest respect for the hard work of everyone involved, who worked on this framework to find the right words that honor the needs and wishes of not only the biodiversity treaty parties, but also Mother Earth's own needs and wishes,” said Doris Ragettli, Co-Founder, Rights of Mother Earth. “In particular, I am thrilled by the agreement’s commitment to enhance Mother Earth centric actions, including by Indigenous peoples and local communities,” she added.

“This is a first and very important step towards a new ethic based on an understanding of humans as a part of nature, not separate from it. The next challenge is the implementation, which needs supporting and binding legal frameworks.” Pella Thiel, End Ecocide Sweden.

Earth Law Center (www.earthlawcenter.org) advances Earth-centered laws and movements across the world. They have expertise on the rights of ecosystems, animals, future generations, and other "voiceless" entities, in addition to other “Earth law” movements. Last year, ELC published the first law school textbook on Earth law, “Earth Law: Emerging Ecocentric Law – A Guide for Practitioners.” 

Rights of Mother Earth is a global movement and campaign for the adoption of a Declaration of Rights of Mother Earth by the United Nations, to complement the Human Rights Declaration. Please sign and share the petition at: www.RightsofMotherEarth.com.

End Ecocide Sweden (https://endecocide.se) is the Swedish representative of the global Stop Ecocide International campaign to include ecocide as a crime at the International Criminal Court in the Hague. 

Keystone Species Alliance (https://keystonespeciesalliance.org) works to develop and advocate for legislation, regulations, and government programs to improve the environment and protect keystone species through public awareness and public policy to implement new standards for protection by recognizing the significant carbon cycle, water cycle and nitrogen cycle contribution of keystone species.

International Observatory of Nature Rights (www.observatoirenature.org) offers legal advice and support in enacting bills, public policies, and peaceful interventions in legal proceedings by representing our partners in defending the rights of Nature.

Biodiversity Treaty Increases Support for Rights of Mother Earth

Contacts:

1) Rachel Bustamante, Earth Law Center (rbustamante@earthlaw.org, +1 240-490-0219) 

2) Doris Ragettli, Rights of Mother Earth (doris@rightsofmotherEarth.com, +41-79-775-7059

Nairobi - KENYA — Sunday, June 26th, marked the end of six days of negotiations at the Fourth Open-Ended Working Group (OEWG-4) session of the Convention on Biological Diversity (CBD), a binding international environmental treaty. There, delegates from 150 countries discussed the entirety of the Post-2020 Global Biodiversity Framework text (GBF) — a guiding plan for the international community to conserve biodiversity over the next 10 years under the CBD.

Despite strong negotiations, progress has been slow. The objective of the OEWG-4 was to reconcile a new draft agreement, solidifying consensus on 4 goals and the text of 21 biodiversity targets. However, only two targets were refined: Target 19.2 (strengthening capacity-building and technology transfer) and Target 12 (increasing the area and quality and connectivity of, access to, and benefits from green and blue spaces). 

Now, brackets overwhelm the remaining GBF text, signifying additions or deletions from negotiators, and an overall lack of consensus, leaving limited time to finalize the text and reach consensus before the framework’s expected adoption at the “Conference of Parties” (COP) at their 15th meeting in Montreal, Canada from December 5-17 this year.  Another meeting has been proposed to further negotiations prior to COP15 provided there is sufficient funding.

Rights for Nature, or Mother Earth, received ample support within a Draft recommendation submitted by the Co-Chairs, including an addition to the glossary (below) that defines Mother Earth-Centered Actions (MECA). Previous text regarding Mother Earth that we supported was not removed and some new supportive language was introduced (below), but ultimately all remains without final consensus and will be up for debate between now and December. 

Significant references to Rights of Mother Earth in the GBF include (key language bolded):

• Section A. Background 

1. Biodiversity is fundamental to human well-being and a healthy planet [for peoples living in harmony with nature and Mother Earth] [. It underpins virtually every part of our lives]; we depend on it for food, medicine, energy, clean air and water, security from natural disasters as well as recreation and cultural inspiration, [and supports all systems of life on earth], among others. 

• Section D. Theory of Change

It recognizes the importance of a [human] rights-based approach, including the respect, protection [promotion] and fulfillment of human rights, [and the rights of Mother Earth,] [gender equality] and foster intergenerational equity. 

• Target 11:

[and rights-based approaches and Mother-Earth centric actions ] for the benefit of all peoples and nature. 

• Target 15:

(e) [Follow a rights-based approach] [, including human rights and the rights of Mother Earth.] 

• Target 16

[, in order for all peoples to live well in harmony with mother earth] 

• Target 19.1 (that details financial resources for implementation of the GBF):

[including financial resources for Mother Earth-Centred Actions22] 

• Footnote 22: Insertion to the glossary: Ecocentric and rights-based approach enabling the implementation of actions towards harmonic and complementary relationships between peoples and nature, promoting the continuity of all living beings and their communities and ensuring the non-commodification of environmental functions of Mother Earth 

Earth Law Center participated in the OEWG-4 as an Observer and published two articles in ECO online that were also printed for delegates: Rights of Nature in the Post-2020 Global Biodiversity Framework and Rights-based Approaches Include Nature’s Rights. 

 A closing statement from the CBD-Alliance (a network of civil society organizations who have a common interest in the CBD) commented on the frustration of the OEWG-4 process, stating: “There is an imbalance between the ease with which NEW language from developed countries is included in the text, while developing countries are denied the opportunity.” 

The group also posed the question to the delegates: “Do you really appreciate the magnitude of the biodiversity crisis we are in? If you did, the work of the past week would have reflected that.”

“Though the OEWG-4 negotiations weakened ambitions for protecting and restoring global biodiversity, the bracketed texts for Rights of Mother Earth fortunately still remain, including additional stronger texts. These next few months and ultimately, COP15 will tell if the global community will seize this opportunity for transformative change and a paradigm shift from ‘business as usual.’ The inclusion Rights of Mother Earth would support diverse ontologies and help restore our relationship with Nature to balance, reciprocity, and holism - just as many Indigenous Peoples and Local Communities have known and practiced since time immemorial,” said Rachel Bustamante, Earth Law Center.  

One final bright spot to note is the increased support and enhanced recognition of the rights of Indigenous Peoples and Local Communities (IPLCs) and their vital role to conservation. An additional main focus of discussion was the inclusion of a new target (22) to ensure gender equality and equitable participation of women and girls, including those with disabilities in policy-making, implementation and decision-making related to biodiversity. 

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Earth Law Center (www.earthlawcenter.org) is a 501(c)(3) organization that works to transform the law to recognize and protect nature’s inherent rights to exist, thrive, and evolve. This includes advancing the inherent rights of rivers through initiatives with local partners to secure rights recognition.

Rights of Nature Sweden (www.naturensrattigheter.se) is working with Rights of Nature and Earth jurisprudence as systemic tools for the transition to a society in harmony with nature. We arrange the Earth Rights Conference as a platform for these ideas.

Rights of Mother Earth is a global movement campaign for the adoption of a Declaration of Rights of Mother Earth by the United Nations, to complement the Human Rights Declaration. You can sign and share the petition at www.RightsofMotherEarth.com

Biodiversity Treaty Shows Renewed Support for the Rights of Nature

Press Release

Contacts:

• Rachel Bustamante, Earth Law Center (rbustamante@earthlaw.org, +1 240-490-0219) 

• Doris Ragettli, Rights of Mother Earth (doris@rightsofmotherEarth.com, +41-79-775-7059

New York- USA—A new working group report from the Convention on Biological Diversity (CBD) indicates renewed international support for the Rights of Nature (or Mother Earth) and Earth-centered law. The report, released by the third open-ended working group on the Post-2020 Global Biodiversity Framework, makes specific references to the “rights of mother earth” within bracketed text, meaning it is subject to negotiation. This language will be considered for adoption by the Conference of Parties (COP) at their 15th meeting in Kunming, China later this year.

The Post-2020 Global Biodiversity Framework is a guiding plan for the international community to conserve biodiversity over the next 10 years under the CBD, a binding international environmental treaty. Almost the entire world, 196 countries, has ratified the treaty, with the United States amongst only a few omissions. An earlier version of the framework, the “zero draft” from January 2020, included reference to the Rights of Nature, but this language was later removed. Advocates have since pushed for its reintroduction. 

Specifically, the new CBD report added the following approaches to implement the framework (key language bolded):

• Target 11: Restore, maintain and enhance ecosystem functions and services [nature’s contributions to people, including ecosystem functions and services,] such as regulation of air and water, soil health, [pollination], [climate], as well as protection from natural hazards and disasters through [nature-based solutions5 and ecosystem-based approaches6], [rights-based approaches and mother earth centred actions] [through payment for environmental services] for the benefit of all peoples and nature.
  

• Target 15: [[Increase significantly the number or percentage of] [Take legal, administrative and policy measures to] [Ensure through mandatory requirements that [all]] businesses and financial institutions [, especially [large and economically significant businesses] [those with significant impacts on biodiversity,]] [assess, monitor, [disclose]][regular evaluations] and [transparently report] [and accept responsibility for their] on their dependencies and impacts on biodiversity, human rights [and the rights of mother earth] [across operations, value chains and portfolios,]
  

• Appendix 1: 4. The framework will be implemented fully respecting protecting and fulfilling human rights, and further respecting [the right to a safe, clean, healthy and sustainable environment] [the right to development], the rights of persons with disabilities and people in vulnerable situations, indigenous peoples and local communities’ land tenure rights [as well as the] and [right to] free, prior and informed consent of indigenous peoples and local communities [as reflected] in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and international human rights law, [as well as] as while fostering intergenerational equity, and mindful of the diverse world views, values and knowledge systems, including different conceptualizations of Nature and biodiversity, including cosmobiocentric approaches of living and those recognized by some cultures as Mother Earth.

In August 2021, a coalition of groups led by Earth Law Center, Rights of Nature Sweden, and Rights of Mother Earth, with key support from International Observatory for Nature's Rights, Earth Advocacy Youth, and others, released a report urging the incorporation of the Rights of Nature into the post-2020 framework. The recommendation called for the definition of ‘rights-based approaches’ to include Rights of Nature and other ecocentric and human rights-based approaches. The recommendation has been signed by over 200 organizations and individuals across 40+ countries.

“Earth-centered approaches to international governance, law, and policy support the fulfillment of the 2050 vision of a world living in harmony with Nature. We can bring about this transformation by recognizing humanity’s interconnection and interdependent relationship with Nature; this relationship is healthy when we acknowledge our reciprocal responsibilities to conserve. A substantive analysis to implement Earth-centered approaches in the CBD is available in this supplementary report, ” said Rachel Bustamante, Conservation Science & Policy Analyst at Earth Law Center.

“In my opinion, one of the weak points in the 1st  Draft of the Post-2020 Framework of the Convention on Biological Diversity, besides Nature-based solutions, is the terminology, 'Rights-based approach'. Failing to define this phrase leaves it open for interpretation, and unless Rights of Nature is included amongst the rights-based approaches, the framework might not adequately protect biodiversity and Nature," said Doris Ragettli, co-founder of Rights of Mother Earth.

Over twenty countries already embrace Rights of Nature, whether in the form of constitutional amendments, national law, judicial decisions, treaty agreements, local law, or resolutions, such as in Ecuador, Mexico, India, Colombia, Spain, Panama, Brazil, New Zealand, and the United States. (http://harmonywithnatureun.org/rightsOfNature/)

Rights of Nature rebalances our underlying relationship with the natural world by promoting a shift to Earth-centred governance (as opposed to a human-centred or anthropocentric framework), wherein a main principle in this framework is the recognition of Nature as a living being and rights-bearing entity. 

In particular, the recognition and implementation of Rights of Nature would:

• Create a new overarching norm or code of conduct for international environmental law that respects biodiversity alongside human interests; 

• Create an opportunity to enhance the restoration of biodiversity while also resulting in greater protection and fulfillment of human rights; and 

• Require us to reimagine ‘sustainable development’ to that of ecological sustainability, thereby guiding development, economics, governance, and laws towards humankind living in harmony with Nature.

# # # 

Earth Law Center (www.earthlawcenter.org) is a 501(c)(3) organization that works to transform the law to recognize and protect nature’s inherent rights to exist, thrive, and evolve. This includes advancing the inherent rights of rivers through initiatives with local partners to secure rights recognition.

Rights of Nature Sweden (www.naturensrattigheter.se) is working with Rights of Nature and Earth jurisprudence as systemic tools for the transition to a society in harmony with nature. We arrange the Earth Rights Conference as a platform for these ideas.

Rights of Mother Earth is a global movement campaign for the adoption of a Declaration of Rights of Mother Earth by the United Nations, to complement the Human Rights Declaration. You can sign and share the petition at: www.RightsofMotherEarth.com

Read the joint brief advocating for the Rights of Nature and submitted to the CBD by the above parties here.

El Tribunal Constitucional de Ecuador Hace Cumplir los Derechos de la Naturaleza para Salvaguardar a Bosque Protector

Contacto:

Constanza Prieto Figelist, Earth Law Center, cpfigelist@earthlaw.org,

+1 (202) 621-3877

Natalia Greene, Alianza Global por los Derechos de la Naturaleza +593 99 944 3724, nati.greene@gmail.com

Alejandro Olivera, Centro de Diversidad Biológica,+52 612 1040604, aolivera@biologicaldiversity.org

QUITO, Ecuador— En un caso sin precedentes, la Corte Constitucional de Ecuador ha aplicado la disposición constitucional sobre los Derechos de la Naturaleza para salvaguardar el bosque nuboso Los Cedros de las concesiones mineras. La Corte votó 7 a favor y 2 abstenciones.

La decisión, que fue publicada el 1 de diciembre, la Corte decidió que las actividades que atentan contra los derechos de la naturaleza no deben realizarse dentro del ecosistema del Bosque Protegido Los Cedros. El fallo prohíbe la minería y todo tipo de actividades extractivas en el área protegida. También se deben negar los permisos de agua y ambientales a las empresas mineras.

Se han otorgado concesiones mineras a dos tercios de la increíble reserva Los Cedros. La minera estatal ecuatoriana ENAMI y sus socios canadienses, Cornerstone Capital Resources y BHP, tienen licencias de explotación minera. El nuevo fallo ordena la cancelación de las concesiones mineras, los permisos ambientales y de uso y aprovechamiento de  agua en el bosque.

Asimismo, la Corte impone de manera clara e inequívoca  una serie de órdenes al Ministerio del Ambiente, Agua y Transición Ecológica con objeto de garantizar y dar cumplimiento efectivo de la sentencia y los derechos de la Naturaleza. Dentro de las resoluciones destacamos que la Corte ordena al Ministerio: promover la construcción de un plan participativo para la gestión y cuidado del Bosque Protector Los Cedros, la modificación del plan de manejo de Bosque Protector los Cedros, deber de asumir el rol de asegurar el respeto de los Derechos de la Naturaleza y el derecho al ambiente sano. Además ordena adecuar la normativa infralegal correspondiente a la emisión de registros ambientales y licencias ambientales y de uso y aprovechamiento del agua para la realización de actividades extractivas, a fin de evitar vulneraciones a los Derechos de la Naturaleza como en el caso de los Cedros. Esta es quizás la sentencia que más claramente detalla los efectos de la Derechos de la Naturaleza respecto de las autoridades administrativas

“Este caso que sienta un precedente es importante no solo para Ecuador sino también para la comunidad internacional”, dijo Alejandro Olivera, científico senior y representante de México en el Centro para la Diversidad Biológica. “Este fallo progresista e innovador reconoce que la naturaleza puede y tiene derechos. Protege la vida silvestre en peligro de Los Cedros, como los monos araña de cabeza marrón en peligro de extinción y los osos de anteojos, de las empresas mineras”.

En septiembre de 2020, Earth Law Center, Global Alliance for the Rights of Nature, el Center for Biological Diversity e e International Rivers presentaron un amicus curiae (amigo de la corte) escrito ante la Corte Constitucional ecuatoriana. Las organizaciones solicitaron a la Corte que proteja a Los Cedros y haga cumplir enérgicamente las disposiciones constitucionales que establecen los Derechos de la Naturaleza o “pachamama”, incluido el derecho a existir, el derecho a la restauración y los derechos de los ríos, especialmente el río Magdalena.

“Esta es una victoria histórica a favor de la naturaleza. La Corte Constitucional señala que dentro del ecosistema del Bosque de Protección Los Cedros no se puede desarrollar ninguna actividad que atente contra los Derechos de la Naturaleza, incluida la minería y cualquier otra actividad extractiva. La minería ahora está prohibida en este bosque protegido increíble y único. Esto sienta un gran precedente jurídico para continuar con otros Bosques Protegidos amenazados. Hoy, las ranas en peligro de extinción, los osos de anteojos, el mono araña, los pájaros y la naturaleza en su conjunto han ganado una batalla sin precedentes”, dice Natalia Greene de la Alianza Global por los Derechos de la Naturaleza.

“Sin duda es una buena noticia, pero la situación del Bosque Protector Los Cedros no es un evento aislado en Ecuador”, dijo Constanza Prieto Figelist, líder legal latinoamericano en Earth Law Center. “Este es un problema de los bosques en todo el país. En los últimos años, se han otorgado concesiones mineras que se superponen con los Bosques Protectores”.

El mono araña de cabeza marrón, encontrado en Los Cedros y amenazado por la minería, ha perdido más del 80% de su área original de distribución en el noroeste de Ecuador. En 2005, los científicos estimaron que había menos de 250 monos araña de cabeza marrón en todo el mundo, lo que coloca a la especie entre los 25 primates más amenazados del mundo.

El caso es de gran trascendencia, tanto para Ecuador como para el mundo, porque establece una importante e influyente Jurisprudencia de la Tierra que ayudará a guiar a la humanidad a ser un beneficio en lugar de una presencia destructiva dentro de la comunidad de vida. La minería propuesta es ilegal  porque viola los derechos del Bosque Protector Los Cedros como ecosistema, así como los derechos de los muchos miembros de esa comunidad.

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Earth Law Center. https://www.earthlawcenter.org. Es una organización no gubernamental, con sede en los Estados Unidos de Norteamérica, México y Canadá que promueve la aplicación de los Derechos de la Naturaleza a nivel local e internacional, creando alianzas con organizaciones locales para el reconocimiento y la promulgación de leyes que reconozcan los derechos inherentes de los ríos, océanos y ecosistemas costeros y terrestres. Así, busca hacer un cambio de paradigma, luchando por el reconocimiento formal de los derechos de la naturaleza a existir, prosperar y evolucionar. Earth Law Center busca otorgar a los ecosistemas los mismos derechos que se le reconocen a las personas y a las corporaciones, permitiéndole la defensa de sus derechos ante las cortes nacionales e internacionales, no solo en beneficio de las personas sino por la naturaleza en sí misma.

La Alianza Global por los Derechos de la Naturaleza (GARN) https://www.earthlawcenter.org. Es una dinámica y diversa red global de organizaciones, comunidades e individuos comprometidos con la adopción e implementación universal de sistemas legales que reconocen, respetan y hacen cumplir los "Derechos de la Naturaleza" y promoviendo la transformación de cómo los seres humanos se relacionan con la Madre Tierra. Los miembros de GARN son una red de organizaciones, de científicos, abogados, economistas, líderes indígenas, autores, líderes espirituales, políticos, actores, líderes empresariales, amas de casa, estudiantes y activistas de más de 100 países, de seis continentes de América del Norte y del Sur, África, Europa, Asia y Australia, que buscan transformar la relación humana con el planeta.

El Centro para la Diversidad Biológica (“el Centro”). https://www.biologicaldiversity.org/espanol. Es una organización sin fines de lucro con más de 1.7 millones de miembros y constituyentes. El Centro tiene su sede en Estados Unidos y oficinas en Estados Unidos y México. Durante dos décadas, el Centro y sus miembros han trabajado para asegurar la protección de las especies en peligro y su hábitat bajo leyes estatales, federales y tratados internacionales debido al creciente número de amenazas a la biodiversidad, como los problemas globales del cambio climático, destrucción del hábitat y el comercio de vida silvestre. El Centro cree que la salud y el vigor de las sociedades humanas y la integridad y la naturaleza salvaje del entorno natural están estrechamente vinculados. El Centro también ha trabajado intensamente para prevenir actividades destructivas como la minería comercial en hábitats sensibles e importantes.

International Rivers, https://www.internationalrivers.org. Se dedica desde 1985 a la protección de ríos y a la defensa de los derechos de las comunidades que dependen de ellos. Trabajamos para detener proyectos destructivos en los ríos y promover soluciones energéticas y de provisión de agua para un planeta sostenible. Los ríos son vitales para sostener toda la vida en la tierra. Buscamos un mundo donde los ríos sean saludables y los derechos de las comunidades locales sean valorados y protegidos. Visualizamos un mundo donde las necesidades de agua y energía se satisfacen sin degradar la naturaleza o aumentar la pobreza, y donde las personas tienen derecho a participar en las decisiones que afectan sus vidas.

The Great Lakes Environmental Center (https://www.glec.com/) es una organización no gubernamental basada en Detroit, Estados Unidos, que ofrece a la comunidad educación, apoyo legal y jurídico en problemáticas medioambientales. Además, de ofrecer diversos servicios jurídicos, desarrollo de normativo y en temáticas medioambientales relacionados con los recursos naturales y energía que afectan a las comunidades en y los alrededores de Detroit, en todo Michigan y la región de los grandes lagos.

Ecuador’s Constitutional Court Enforces Constitutional Rights of Nature to Safeguard Los Cedros Protected Forest

Contact:

• Constanza Prieto Figelist, Earth Law Center,+1 (202) 621-3877 cpfigelist@earthlaw.org

• Natalia Greene, Alianza Global por los Derechos de la Naturaleza, +593 99 944 3724, nati.greene@gmail.com

• Alejandro Olivera, Centro de Diversidad Biológica, +52 612 1040604, aolivera@biologicaldiversity.org

For Immediate Release: December 2, 2021 

# # # 

QUITO, ECUADOR — In an unprecedented ruling, the Constitutional Court of Ecuador has applied Ecuador's constitutional provision on the “Rights of Nature” to safeguard Los Cedros Protected Forest from mining concessions. The Court voted 7 in favor and 2 abstentions.

With the ruling, published on December 1st, the Constitutional Court ordered that activities that threaten the Rights of Nature should not be carried out within Los Cedros Protected Forest, thereby prohibiting mining and all types of extractive activities. Water and environmental permits to mining companies will now also be denied. 

Two-thirds of the reserve is covered by mining concessions granted to the Ecuadorian state mining company, ENAMI, and its Canadian partner, Cornerstone Capital Resources. The Constitutional Court agreed to hear the case in May 2020.

The Court's decision also imposes a series of orders on the Ministry of the Environment, Water and Ecological Transition to comply with the decision. These include orders for the Ministry to help construct a participatory plan for managing the Los Cedros Protected Forest and to ensure respect for the Rights of Nature and the right to a healthy environment. The Court also ordered the government to adopt regulations so that the future issuance of environmental records and licenses and the use of water for extractive activities avoid violating the Rights of Nature, as in the case of Los Cedros. 

Overall, this decision clearly details the effects of the Rights of Nature for administrative authorities in a way that was unprecedented.

“This case is emblematic not only for Ecuador but also for the international community,” said Alejandro Olivera, senior scientist and Mexico representative at the Center for Biological Diversity. “This progressing and innovative ruling protects the imperiled wildlife, such as the endangered brown-headed spider monkeys and endangered spectacled bears, from mining companies.”

In September 2020, Earth Law Center, the Global Alliance for the Rights of Nature, the Center for Biological Diversity, International Rivers, and the Great Lakes Environmental Law Center ("Coalition") filed an amicus curiae (friend of the court) brief (Spanish; English) before the Ecuadorian Constitutional Court. The brief asked the Court to protect Los Cedros and robustly enforce constitutional provisions that establish the Rights of Nature, or “Pachamama,” including the rights to exist, to restoration, and the unique rights of rivers, especially the Magdalena River.

"This is a historic victory in favor of Nature. The Constitutional Court states that no activity that threatens the Rights of Nature can be developed within the ecosystem of Los Cedros Protected Forest, including mining and any other extractive activity. Mining is now banned within this amazing and unique protected forest. This sets a great juridical precedent to continue with other threatened Protected Forests. Today, the endangered frogs, the spectacled bears, the spider monkey, the birds, and Nature as a whole have won an unprecedented battle”, says Natalia Greene from the Global Alliance for the Rights of Nature. 

“It is undoubtedly good news, but the situation of Los Cedros Protected Forest is not an isolated event in Ecuador,” said Constanza Prieto Figelist, Latin American Legal Director at Earth Law Center. “This is a problem of the forests throughout the country. In recent years, many mining concessions that overlap with Protective Forests have been awarded.”

The brown-headed spider monkey, found in Los Cedros, has lost more than 80% of its original area of distribution in northwest Ecuador. In 2005, it was estimated that there were fewer than 250 brown-headed spider monkeys globally, granting the species a place among the top 25 most endangered primates in the world.

The groups note that the case is of great significance, both for Ecuador and the world, because it has the potential to establish important and influential “Earth jurisprudence” that will help guide humanity to be a benefit rather than a destructive presence within the community of life. The proposed mining is unlawful, the Coalition say, because it violates the rights of the Los Cedros Protected Forest as an ecosystem as well as the rights of the many members of that living community.

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Earth Law Center (https://www.earthlawcenter.org) is a non-governmental organization based in the United States of America, Mexico, and Canada that promotes the application of the Rights of Nature at the local and international levels. The organization creates alliances with local organizations to recognize and promulgate laws that recognize the inherent rights of rivers, oceans, and coastal and terrestrial ecosystems. Thus, it seeks to make a paradigm shift, fighting for the formal recognition of the rights of nature to exist, prosper and evolve. Earth Law Center aims to grant ecosystems the same rights recognized to people and corporations, allowing them to defend their rights before national and international courts, not only for the benefit of people but also for nature itself.

The Global Alliance for the Rights of Nature (GARN) (https://www.earthlawcenter.org) is a dynamic and diverse global network of organizations, communities, and individuals committed to the universal adoption and implementation of legal systems that recognize, respect, and enforce the Rights of Nature and promote the transformation of how human beings relate to nature. Mother Earth. The members of GARN are a network of organizations, scientists, lawyers, economists, indigenous leaders, authors, spiritual leaders, politicians, actors, business leaders, housewives, students, and activists from more than 100 countries, from six continents of America from North and South, Africa, Europe, Asia, and Australia, who seek to transform the human relationship with the planet.

The Center for Biological Diversity (“the Center”) (https://www.biologicaldiversity.org/espanol) is a non-profit organization with more than 1.7 million members and constituents. The Center is headquartered in the United States and has offices in the United States and Mexico. For two decades, the Center and its members have worked to protect endangered species and their habitats under state, federal laws, and international treaties due to the increasing number of threats to biodiversity, such as the global problems of climate change, destruction of habitat, and wildlife trade. The Center believes that the health and vigor of human societies and the integrity and wilderness of the natural environment are closely linked. The Center has also worked intensively to prevent destructive activities such as commercial mining in sensitive and important habitats.

International Rivers (https://www.internationalrivers.org) It has been dedicated since 1985 to the protection of rivers and to the defense of the rights of the communities that depend on them. They work to stop destructive projects on rivers and promote energy and water supply solutions for a sustainable planet. Rivers are vital to sustain all life on earth. A world is sought where rivers are healthy and the rights of local communities are valued and protected. We envision a world where water and energy needs are met without degrading nature or increasing poverty, and where people have the right to participate in the decisions that affect their lives.

The Great Lakes Environmental Law Center (https://www.glelc.org) is a non-governmental organization based in Detroit, United States, which offers the community education, legal and legal support on environmental issues. In addition to providing a variety of legal, policy development and environmental services related to natural resources and energy that affect communities in and around Detroit, throughout Michigan and the Great Lakes region.

Mujeres Kukama dicen que su río Marañón es un ser vivo: Demanda pionera presentada en Perú

Huaynakana Kamatahuara kana, una federación de mujeres Kukama en el bajo Valle del Marañón, ha presentado una acción legal pionera exigiendo que el gobierno peruano reconozca su río como una persona jurídica, o "Ser Vivo". Una coalición de organizaciones nacionales e internacionales, incluido el Instituto de Defensa Legal, International Rivers y el Earth Law Center, brindan asistencia y apoyo legal. Una coalición de abogados y académicos canadienses ha presentado un amicus curiae en defensa de la petición.

Para muchos pueblos indígenas como los Kukamas, sus ríos son seres vivos con derechos que deben ser reconocidos y protegidos. El río Marañón es la fuente de alimento, agua y transporte del pueblo Kukama; también es el centro de su universo espiritual. Después de ver cómo su río sufría contaminación durante décadas, especialmente por derrames de petróleo sistémicos que han destruido su frágil ecosistema y sus pesquerías, las mujeres Kukama decidieron emprender acciones legales.

El 8 de septiembre la federación de mujeres y sus abogados de IDL iniciaron una acción judicial en un tribunal peruano para que se reconociera a su río como persona jurídica. La petición demanda a varias entidades gubernamentales de violar los derechos fundamentales del río Marañón, entre ellas Petroperú, la estatal petrolera, el Ministerio de Medio Ambiente y el Ministerio de Energía y Minas.

Huaynakana fue fundada en 2001 para promover los derechos de las mujeres Kukama-Kukamiria y proteger su medio ambiente y cultura. La federación representa a mujeres de 28 comunidades indígenas en el distrito de Parinari en el río Marañón en la región amazónica del norte de Perú.

Abogados y académicos canadienses de tres universidades presentaron un amicus curiae en la corte peruana el 29 de septiembre para respaldar la demanda de Huayanakana. El documento muestra cómo varios gobiernos provinciales han reconocido el derecho de los pueblos indígenas a administrar sus propios recursos. El amicus describe la creciente importancia de la ley indígena dentro del proceso de evaluación del impacto ambiental en Canadá.

Detalles de la acción legal de Huaynakana

Las mujeres Kukama están pidiendo el reconocimiento de derechos específicos para el Río Marañón que incluyen: el derecho a existir, fluir, vivir libre de contaminación, alimentarse y ser alimentado por sus afluentes, y ser protegido, preservado y restaurado. Estos derechos están de acuerdo con la Declaración Universal de los Derechos de los Ríos.

La creciente jurisprudencia comparada en todo el mundo, como el río Atrato en Colombia, el Río Whanganui en Nueva Zelanda y el Río Magpie en Canadá, está otorgando derechos sobre los ríos. Los miembros de Huaynakana dicen que su río también debe protegerse debido a su valor cultural y espiritual.

La Constitución de Perú protege los valores culturales de sus pueblos indígenas y el país es signatario del Convenio 169 de la OIT y de la Declaración Americana de Pueblos Indígenas.

La demanda también pide a Petroperú que lleve a cabo el mantenimiento y reparación de su gasoducto peruano norte con fugas, y el establecimiento de comités locales de gestión de cuencas hidrográficas para garantizar la participación de los pueblos indígenas en la administración y conservación de sus recursos hídricos.

Las mujeres Kukama exigen que el gobierno peruano reconozca a las organizaciones indígenas como guardianes, defensoras y representantes del Río Marañón y sus afluentes. Piden la creación de los “Guardianes del Río Marañón”, institución que representaría al río y sus intereses en coordinación con las agencias gubernamentales. Esta institución le daría al río Marañón un lugar en la mesa durante las reuniones de alto nivel y potencialmente permitiría que el río influyera en las decisiones públicas y privadas sobre su Ser y Afluentes.

El Congreso Mundial de la Naturaleza de la UICN expresó su preocupación por las amenazas que enfrentan las cuencas fluviales de Perú y recomendó que el río Marañón sea considerado un tema especial de protección debido a su importante papel en el ecosistema amazónico.

“No vivimos del dinero. Vivimos de lo que cultivamos en nuestra tierra y de nuestra pesca. No podemos vivir sin peces ”. Isabel agrega que las mujeres interpusieron acciones legales para proteger el río para sus hijos y nietos.”

— Isabel Murayari
Miembro de la Junta, Huaynakana Kamatahuara Kana

Enlaces a videos producidos por Huaynakana, Asociación Quisca y Radio Ucamara

El Río Marañón es un ser vivo 

Habla un Periodista Kukama: el río Marañón es un ser vivo

Habla un Sanador: nuestras plantas medicinales necesitan los ríos

Un pescador y una madre hablan de su río

Contactos

Mari Luz Canaquiri Murayari, Huaynakana President. +51 925 764 188

Carmen Rosa Arévalo, Huaynakana Advisor. + 51 938 853 259

Juan Carlos Ruiz, IDL Lawyer. +51 997 521 685, jruiz@idl.org.pe

Maritza Quispe, IDL Lawyer. +51 997 598 906, mquispe@idl.org.pe

Charis Kamphuis, JCAP Lawyer. (+1) 250 572 2625 ckamphuis@tru.ca

https://proyecto-justicia.org/

Monti Aguirre, International Rivers, monti@internationalrivers.org

https://www.internationalrivers.org/

Constanza Prieto Figelist, Earth Law Center, cpfigelist@gmail.com, https://www.earthlawcenter.org/

Stephanie Boyd, Cineasta/Periodista, Asociación Quisca. quiscaproductions@gmail.com

www.karuara.com

Kukama Women Say Their Marañón River is a Living Being: Groundbreaking Lawsuit Filed in Peru

Huaynakana Kamatahuara kana, a Kukama women’s federation in the lower Marañón Valley, has filed a groundbreaking legal action demanding that the Peruvian government recognize their river as a legal person, or “Ser Vivo” (Living Being)). A coalition of national and international organizations including the Institute for Legal Defense, International Rivers, and the Earth Law Center are providing legal aid and support. A coalition of Canadian lawyers and academics have presented an amicus curiae in defense of the petition. 

For many Indigenous people like the Kukamas, their rivers are living beings with rights that should be recognized and protected. The Marañón River is the source of food, water, and transportation for the Kukama people; it is also the center of their spiritual universe. After watching their river suffer contamination over decades, especially from systemic oil spills that have destroyed its fragile ecosystem and fisheries, the Kukama women decided to take legal action. 

On September 8th the women’s federation and their lawyers from IDL filed a legal action in a Peruvian court to have their river recognized as a legal person. The petition accuses various government entities of violating the fundamental rights of the Marañón River, including Petroperú, the state-run oil company, the Ministry of the Environment, and the Ministry of Energy and Mining.

Huaynakana was founded in 2001 to promote the rights of Kukama-Kukamiria women and protect their environment and culture. The federation represents women from 28 indigenous communities in the district of Parinari on the Marañón River in Peru’s northern Amazon region.      

Canadian lawyers and academics from three universities filed an amicus curiae in the Peruvian court on September 29th to support Huayanakana’s lawsuit. The document shows how various provincial governments have recognized the right of Indigenous people to manage their own resources. The amicus describes the growing importance of Indigenous law within the environmental impact assessment process in Canada.

Details of Huaynakana’s Legal Action

The Kukama women are asking for recognition of specific rights for the Marañón River including: the right to exist, to flow, to live free from contamination, to feed and be fed by its tributaries, and to be protected, preserved, and restored.

These rights are in accordance with the Universal Declaration of the Rights of Rivers. Growing comparative jurisprudence worldwide, such as Colombia’s Atrato River,[1] New Zealand’s Whanganui[2]  River and Canada’s Magpie River, is providing rights for rivers. Huaynakana’s members say their river must also be protected because of its cultural and spiritual value.

 Peru’s Constitution protects the cultural values of its Indigenous people, and the country is a signatory to Convention 169 of the OIT as well as the American Declaration of Indigenous People.

 The lawsuit also calls on Petroperú to carry out maintenance and repairs on its leaky North Peruvian Pipeline, and for the establishment of local river basin management committees to ensure the participation of Indigenous people in the administration and conservation of their water resources.

 The Kukama women are demanding that the Peruvian government recognize Indigenous organizations as guardians, defenders, and representatives of the Marañón River and its tributaries. They call for the creation of the “Guardians of the Marañón River”, an institution that would represent the river and its interests in coordination with government agencies. This institution would give the Marañón River a seat at the table during high-level meetings and potentially allow the river to influence public and private decisions over its Being and Tributaries. 

 The IUCN World Conservation Congress has expressed concern about the threats facing Peru’s river basins and advised that the Marañón River be considered a special subject of protection due to its important role in the Amazon ecosystem.[3]

“We do not live on money. We live from what we grow on our land and our fishing. We can not live without fish.” Isabel adds that the women filed their legal action to protect the river for their children and grandchildren. ”

— Isabel Murayari
Board Member, Huaynakana Kamatahuara Kana

Huaynakana Videos

The Marañón river is a living being

A Kukama journalist speaks: the Marañón River is a Living Being

A Healer speaks: our medicinal plants need the rivers

A fisherman and a Mother speak about their river

 Contacts

Mari Luz Canaquiri Murayari, Huaynakana President. +51 925 764 188

Carmen Rosa Arévalo, Huaynakana Advisor. + 51 938 853 259

Juan Carlos Ruiz, IDL Lawyer. +51 997 521 685, jruiz@idl.org.pe

Maritza Quispe, IDL Lawyer. +51 997 598 906, mquispe@idl.org.pe

Charis Kamphuis, JCAP Lawyer. (+1) 250 572 2625 ckamphuis@tru.ca

https://proyecto-justicia.org/

Monti Aguirre, International Rivers, monti@internationalrivers.org

https://www.internationalrivers.org/

Constanza Prieto Figelist, Earth Law Center, cpfigelist@gmail.com, https://www.earthlawcenter.org/

---

[1] Corte Constitucional de Colombia, Sala Sexta de Revisión, Acción de tutela del Rio Atrato, T-622 de 2016, 10 de noviembre, 2016

[2] Nueva Zelanda, Te Awa Tupua (Whanganui River Claims Settlement) Act 2017.

[3] Ver. https://www.iucncongress2020.org/motion/013

Advocates at IUCN Congress Highlight a Wave of New Support for the Rights of Rivers

Contacts:    

1. Monti Aguirre, International Rivers (707-591-1220; monti@internationalrivers.org) 

2. Grant Wilson, Earth Law Center (510-566-1063; gwilson@earthlaw.org) 

 For immediate release: September 8, 2021

 Marseille, France—Today, advocates from across the globe gathered at the IUCN World Conservation Congress (both in person and remotely) to highlight the precipitous growth of the movement to recognize the rights of rivers and watersheds. The press conference also marked the approximate one year anniversary of the formal launch of the Universal Declaration of the Rights of Rivers (“Declaration”), a civil society initiative to define the basic rights to which all rivers are entitled. According to its proponents, the Declaration intends to build awareness and serve as a customizable legal model for governments wishing to join the rights of rivers movement.

Over the past year, rights have been recognized or declared for (at minimum) Boulder Creek and the Boulder Creek Watershed (Nederland, USA, mirroring some language from the Declaration), the Magpie River (Canada), waterways in Orange County, Florida (USA), the Alpayacu River (Ecuador), and the Paraná River and Wetlands (Rosario, Argentina). In contrast to traditional environmental laws that recognize Nature as mere human property, this legal precedent acknowledges that rivers, watersheds, and other natural entities are living entities with rights.

With regards to the Declaration, it now has support from close to 1,700 individuals and 211 organizations from over forty countries. Numerous ‘rights of rivers’ campaigns also incorporate parts of the Declaration, including in El Salvador (rights of the Lempa River), France (rights of the Tavignanu River), Mexico (rights of all rivers in Oaxaca), Nigeria (rights of the River Ethiope), Pakistan (rights of the Indus Delta and River), Serbia, and the UK (rights of the River Frome). Additionally, last week, 16 IUCN members co-sponsored an emergency motion calling upon IUCN members to endorse the Declaration, although it did not pass. 

Advocates have also submitted a multitude of amici curiae briefs in defense of the ‘rights of rivers’ that specifically reference the rights recognized in the Universal Declaration of the Rights of Rivers, including briefs seeking to protect the rights of the Dulcepamba River, Piatúa River and Nangaritza River in a series of cases currently before the Constitutional Court of Ecuador. Another amicus brief seeks to protect the Marañon River in Peru based in part on the Universal Declaration of the Rights of Rivers. In one instance, an administrative body in Ecuador upheld the rights of the Dulcepamba River and ordered protection of its flows.

The momentum towards the rights of rivers is growing as a response to mounting global threats to rivers and freshwater ecosystems. According to the 2020 Living Planet Index, 944 monitored freshwater species declined by an average of 84% between 1970 and 2016. Due to an onslaught of dams and other infrastructure, only 37 percent of rivers longer than 1,000km still flow freely.  

 The notion of recognizing the personhood or rights of rivers gained global attention in 2017. That year, a treaty agreement between the Whanganui Iwi (a Māori tribe) and the Crown Government recognized the Whanganui River as a legal person, a Constitutional Court decision in Colombia recognized the rights of the Atrato River, and a court in Uttarakhand, India, recognized the Ganga and Yamuna Rivers as legal persons with rights (later stayed). In 2008, Ecuador became the first country to constitutionally recognize the Rights of  Nature. 

Quotes: 

“It is obvious that effective river management works best at the basin scale, and ‘river rights’, as described in the Declaration, is a very important way of achieving this and ensuring protection of ecosystem integrity.” 

-Angela Andrade, Chair of IUCN’s Commission on Ecosystem Management

“Globally, rivers have enormous social, cultural, environmental, and economic value, but are becoming progressively more threatened. The Rights of Rivers approach is becoming increasingly important for ensuring that they can continue to provide these essentials to benefit nature and the people who rely on them.” 

Kristen Walker, Chair of IUCN’s Commission on Environmental, Economic and Social Policy.

“Western law and culture often treat rivers as a human resource instead of recognizing the reality that they are living systems. An important step towards correcting this falsehood is for rivers and other natural entities to be recognised in law as legal entities with intrinsic rights.” 

-Jessica Sweidan, CoFounder & Trustee of Synchronicity Earth; IUCN Patron of Nature.  

“The playbook for protecting rivers and watersheds must evolve beyond the traditional environmental law approaches we’ve been using since the 1960s, as such laws are helpful but grossly inadequate. The Declaration is a useful legislative starting point for those wishing to promote new, Earth-centered legal protections for fresh waters.”

-Grant Wilson, Executive Director of Earth Law Center.

“This movement towards recognizing the rights of rivers will be extremely helpful for protecting the freshwater biodiversity present in these ecologically important rivers.” 

-Dr. Topiltzin Contreras Macbeath, Head of the Conservation Biology Research Group at the University of Morelos, México and Co-Chair of the Freshwater Conservation Committee of IUCN’s Species Survival Commission.

“Rivers are the veins of the Earth. They hold so much life and provide the conditions for life to evolve, flourish, and regenerate. This declaration is essential in the process of legally recognizing the inherent rights of rivers worldwide, as a way to protect their integrity, health, and role in Earth’s web of life.” 

-Hana Begovic, Director of Earth Advocacy Youth.

“A global study of river protections that I recently led shows the growing importance of the Rights of Rivers movement, relative to some of the other protection systems we discussed. We concluded that Rights of Rivers is a powerful tool for recognizing Indigenous cultural plurality in legal systems, and for bringing about transformative change in the protection of nature.”

-Dr. Denielle Perry, Director of the Free-flowing Rivers Lab in Northern Arizona University’s School of Earth and Sustainability, and Co-Chair of the Durable River Protection Coalition.

"Rivers across the planet are ribbons of biodiversity that are facing unprecedented threats due to climate change and dam building. Rights of Nature for Rivers offers a path forward that combats these threats and gives rivers their rightful protection as the planet's life-saving arteries.” 

-Gary Wockner, Co-Founder of Save The Colorado and Founder of Save The World's Rivers.

“Our current laws are not rising to address the climate and biodiversity crises. Freshwater ecosystems need permanent protections to sustain water quality, food security, and human rights. A Rights of Nature approach offers transformative change at a time where it could not be needed more.”

Monti Aguirre, Latin America Manager at International Rivers.

# # #

 Find more on the Universal Declaration of the Rights of Rivers, visit www.RightsOfRivers.org

Rights of Nature a focus at the IUCN Congress

‘Energizing Rights of Nature’ IUCN hybrid workshop

Contact:

Michelle Bender, Earth Law Center, mbender@earthlaw.org (+1 509 218 9338)

Natalia Greene, Global Alliance for the Rights of Nature, natalia@garn.org (+593 99944 3724)

Osprey Orielle Lake, Women’s Earth and Climate Action Network (WECAN), osprey@wecaninternational.org (+1 415 722 2104)

September 8th, 2021: The International Union for the Conservation of Nature (IUCN) started in Marseille, France on September 3rd. As the world’s largest and most diverse environmental network, the IUCN is a global authority on the status of Nature and the measures needed to safeguard the planet. Intended to meet every four years, the IUCN Congress 2020 is now being held as a hybrid format in light of the pandemic.

At the IUCN World Conservation Congress in 2012, Members of the Union passed Resolution 100: “Incorporation of the Rights of Nature as the organizational focal point in IUCN’s decision making.” Within this resolution, the IUCN called for Nature’s rights to be a “fundamental and absolute key element in all IUCN decisions” and work towards the creation of a Universal Declaration of the Rights of Nature. However, implementation has been slow. “This is about much more than recognizing rights. We must work to shift our baselines, adopt new principles and standards for decision making, and transform the ethics and values that underlie our legal, economic and governance systems. We still have a long way to go to reconstruct our relationship with the natural world and achieve the vision of living in harmony with Nature,” says Michelle Bender, Ocean Campaigns Director at the Earth Law Center.

Earlier this year, at the IUCN’s Global Youth Summit, Earth Law Center and the Global Alliance for the Rights of Nature (GARN) Youth Hub held a joint workshop and co-created a declaration with over 200 participants on the Rights of Nature and Future Generations. They comprise: formally adopting the Universal Declaration on the Rights of Mother Earth; creating an IUCN Commission (or working group within each Commission) for the Rights of Nature to be mainstreamed through cross-cutting and joint initiatives, events, discussions or projects; and creating best-guidelines documents to provide guidance to IUCN members on best practices and challenges to implementation and enforcement of Earth-centered governance. The Declaration and recommendations are included in the IUCN’s Draft Outcome Statement produced August 11, 2021 and is expected to be presented at the Marseille Congress.

Civil society groups are pushing Rights of Nature at the Marseille Congress to ensure it remains at the top of the agenda, and the IUCN works towards implementing its commitments under Resolution 100, its Action Programmes and the IUCN World Declaration on the Environmental Rule of Law. Within this advocacy effort, Osprey Orielle Lake, Executive Director of the Women’s Earth and Climate Action Network (WECAN) stated, “In order for IUCN to truly uplift Resolution 100, there must be a primary understanding by governments and financial institutions that humans must urgently reorient themselves from an exploitative and ultimately self-destructive relationship with nature, to one that honors the deep interrelation of all life and contributes to the health and integrity of the natural world. An essential step in achieving this goal is to create a system of jurisprudence that sees and treats nature as a fundamental, rights-bearing entity and not as mere property to be exploited or used in market-based schemes. This is a worldview change, and one that Indigenous Peoples have been demonstrating for generations.”

Almost 13 years have passed since Ecuador became the first country in the world to recognize that Nature is a subject of Rights in its Constitution. Now, 37 countries recognize the Rights of Nature, either at a national level, in subnational legislation or by recognizing the rights of an ecosystem. The time has come for the Rights of Nature. As Natalia Greene, member of GARN’s Executive Committee, said in her opening speech for the ‘From Glaciers to Oceans’ event in Marseille, “We do not defend nature, we are nature that defends itself. We are an integral part of this incredible living community, the ecosystem-Earth, and we are all subjects of rights.”

Graphic created by the Global Alliance for the Rights of Nature

Rights of Nature activities at the Congress included:

• On September 4th, GARN’s European Hub presented the day event called “From Glaciers to Ocean: Forum for the rights of European aquatic ecosystems”, at Coco Velten in Marseille. This event included a press conference, four interesting panels about the philosophy of the Rights of Nature and the rights of aquatic ecosystems, a movie and a debate, and the awaited launch of the verdicts of the five cases heard by the European Tribunal in Defense of Aquatic Ecosystems, which took place from January to May 2021.

• Sept 5th: Ecocide Presentation Red Mud Case “Ecocide and red mud, a canyon’s autopsy” - Espaces Générations Nature

• Sept. 5th: Conference: Rights of Nature and Future Generations : a common destiny, Conference at Espace Generations Nature

• A joint workshop held on September 5th ‘Energizing the Rights of Nature’ in partnership with Comité National de l'UICN, France; IUCN World Commission on Environmental Law (WCEL); Earth Law Center; Consejo Internacional de Derecho Ambiental (ICEL); Global Alliance for the Rights of Nature (GARN); and Odyssey.

• Sept. 6th: Conference: European movement for the rights of nature! Espace Generations Nature

• Sept. 6th: Conference: “Does Nature have rights?” Valérie Cabanes, Sarah Vanuxem and Marine Calmet at the Mucem Museum.

• ELC and GARN sent a letter to IUCN President Zhang and IUCN Members on September 7th, highlighting ways in which the IUCN can implement Resolution 100.

• A symposium September 6th and 7th by ICEL, IUCN WCEL and Pace University on “Environmental Law Confronts Earth’s Ecocrises”

• September 8th press conference on the global rights of rivers movement and the Universal Declaration of the Rights of Rivers in specific, in addition to an emergency motion submitted on the Universal Declaration of the Rights of Rivers (outcome pending).

• September 9th session on “Rights of Nature: legal perspectives from America, and its implications in International Environmental Law” by Alexander von Humboldt Foundation and Ecologic Institute

The IUCN has a unique opportunity to progress with the guarantee of the Rights of Nature in this Congress, especially through the advancement of Resolution 100. The Rights of Nature is present during this world gathering, through its various organizations and representatives, to advocate for transformative, systemic change, so necessary during this urgent time for the people and the planet.

About the organizations:

Earth Law Center (www.earthlawcenter.org): ELC champions Earth-centered laws and community-led movements that respect and protect all life on the planet. 

Global Alliance for the Rights of Nature (https://www.therightsofnature.org/): GARN is a global network of organizations and individuals committed to the universal adoption and implementation of legal systems that recognize, respect and enforce “Rights of Nature”.  

Women’s Earth and Climate Action Network ( https://www.wecaninternational.org/): WECAN is a solutions-based organization established to engage women worldwide in policy advocacy, on-the-ground projects, trainings, and movement building for global climate justice.

EARTH LAW CENTER TO PARTNER ON “INVISIBLE HAND” YOUTH INTERNATIONAL SCREENING

FOR IMMEDIATE RELEASE:

Media Contacts:

Michelle Bender, Ocean Campaigns Director, Earth Law Center, mbender@earthlaw.org, 509-218-9338

Joshua Pribanic (Co-director INVISIBLE HAND), joshua@publicherald.org, 419-202-8503

Melissa Troutman (Co-director INVISIBLE HAND), melissa@publicherald.org, 724-388-0464

The Screening Will Include A Panel Discussion With Youth Activists

BOULDER, Colo. (February 12, 2021) - Earth Law Center is pleased to partner with Mark Ruffalo, PublicHerald, Pearl Remote Democratic High School and youth organizations for a Youth International Screening of INVISIBLE HAND, a documentary film covering the Rights of Nature movement. This special event, taking place Saturday, March 13 from 1 - 4 p.m. ET, will include a discussion with environmental youth activists and other influential voices following the film screening.

“INVISIBLE HAND offers an alternative, a paradigm shift occurring across the world that’s healing, not just symptoms of environmental disaster, but the actual disease,” said Ruffalo. “This movement changes everything. It honors indigenous wisdom and shifts our priorities. It restores balance by placing Nature at the center of our decision making processes and gives the power that corporations stole back to our communities. It enshrines the long-ignored laws of Nature inside of our legal system.”

Produced by Ruffalo, INVISIBLE HAND takes viewers behind the scenes of four defining legal battles related to the Rights of Nature movement, a subset of Earth Law. The documentary follows legal challenges that address local communities’ rights to self-governance, Indigenous rights and sovereignty, and the rights of natural communities and ecosystems. In one such effort, award-winning directors Joshua Pribanic and Melissa Troutman followed the Pennsylvania community of Grant Township on a journey to protect itself against the disposal of toxic fracking waste threatening their water supply. To do so, the community passed a Home Rule Charter that recognized the community’s right to a clean and healthy environment, as well as the rights of natural communities and ecosystems to exist, flourish, and naturally evolve.

“Our legal system is rigged to commodify Nature, to favor private property above Life,” says co-director Melissa Troutman. “It’s a system that makes it perfectly legal to harm innocent people without their consent and threaten the survival of the planet.”

“The climate emergency is now and the science is clear,” added Joshua Pribanic, Co-Director of INVISIBLE HAND. “We have less than eight years to change everything we know about our economy, our government, and our laws. This film is about the first step on that path to a livable future. Rights of Nature is the next stage in the evolution of our democracy.”

Elizabeth Dunne, who now serves as Earth Law Center’s Director of Legal Advocacy, was honored to provide counsel to the community of Grant Township throughout the multi-year legal battle followed in the film and to be part of the litigation team that helped secure the Lake Erie Bill of Rights a place on the ballot.

“The film does a tremendous job of depicting the courage and determination it takes to protect water from corporate power and advance systemic change,” Dunne said. “Protecting water is protecting ecosystems, and protecting ecosystems is protecting human health and well-being. At its core the Rights of Nature movement reminds us that if we do not live in the right relationship with the Earth, we will neither thrive, nor ultimately, survive. Making Rights of Nature a reality demands multi-faceted and dynamic approaches that evolve depending on the time, place and circumstances.”

Participants of the panel discussion include Michelle Bender, Earth Law Center’s Ocean Campaigns Director.  “I am honored to be invited to participate in the screening, and thank the producers for focusing on youth engagement and involvement in the movement,” said Bender. “Environmental activists of all ages must be given more platforms to have their voices heard. We are the ones that are inheriting the Earth (along with the future generations of all species and ecosystems), and therefore should have an equal opportunity to lend our voices to the decisions and processes that are altering our future, such as climate change policy.”

Anyone wishing to attend should reserve their tickets at: https://invisiblehandfilm.com/yis (tickets will be free for anyone but adults are encouraged to donate). The film starts at 1:00 p.m. EDT on the day of the screening, with the youth panel beginning at 2:45. Audiences will have the opportunity to discuss the latest Rights of Nature ideas with Mark Ruffalo, youth leaders, The Pearl School, and filmmakers.

In order to reverse the global environmental crisis, we need transformational change in not only our society and legal systems, but our values and ethics that underlie these systems. Legal rights for nature is one way to do so,” added Bender. “I encourage you to not only watch this film, but to learn more about Earth law and the Rights of Nature movement and how you can be involved. We cannot change the status quo if we continue to work within the system that has led to and fueled the growing environmental crisis. Our lives, health and well-being depends on the health of the larger Earth community.”

Other partners of this event include:  Earth Advocacy Youth, GARN Youth Hub, OtherWise Wageningen, Great Plains Action Society, We R Native, Center for Native American Youth, Polluters Out, Youth Vs. Apocalypse, Greenpeace, Mark Ruffalo. You can also visit the website for a full list of quotes from the participants. : https://www.invisiblehandfilm.com/international-youth-organizations-join-mark-ruffalo-to-screen-rights-of-nature-documentary/.

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ABOUT EARTH LAW CENTER

Earth Law Center (www.earthlawcenter.org) is a 501(c)(3) nonprofit environmental law organization working around the world to advance Earth-centered laws and community-led movements that respect and protect all life on the planet.  ELC partners with frontline Indigenous people and communities to challenge the overarching legal and economic systems that reward environmental harm, and advance governance systems that maximize social and ecological well-being.