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