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