Find out more about the mining threat in Ecuador and the Rainforest Action Group's work. The “rights of nature” constitutional provisions—found for the first time in a national legal framework—transforms nature from being an object of law, to being a subject of law. Thus, in Ecuador, nature is no longer considered a thing without legal rights. rights, granted by the Constitution to all of Ecuador, and not just limited to National Parks (PANE). The State will motivate natural and juridical persons as well as collectives to protect nature; it will promote respect towards all the elements that form an ecosystem.â. Elisa Levy, research coordinator of the Los Cedros scientific station, added:Â, Evidence was presented to the court about the high degree of biodiversity within Bosques Protectores, and the damaging impact of even rudimentary exploratory mining operations on rivers, biodiversity, and endemic species,â says, s highest court heard a series of Zoom testimonies. âNature, or Pachamama, where life is reproduced and exists, has the right to exist, persist, maintain and regenerate its vital cycles, structure, functions and its processes in evolution. These cookies do not store any personal information. CHAPTER SEVEN Rights of nature Article 71. David Dene tells the story of a growing international campaign to uphold and defend the ‘Rights of Nature’, in Ecuador and beyond. It is impossible to understate how important the habitat that Los Cedros protects is, and the science shows that very clearly. In 2008, Ecuador became the first country in the world to recognize and implement Rights of Nature into its national constitution. Ecuador rewrote its Constitution in 2007-2008 and it was ratified by referendum by the people of Ecuador in September 2008. You also have the option to opt-out of these cookies. Read and learn about the political advocacy process towards this recognition: Recogniting Rights for Nature in the Ecuadorian Constitution, Fundacion Pachamama, Reconocimiento de los Derechos de la Naturaleza Ecuador, Fundacion Pachamama. It was in this spirit that Ecuador became the first country to enshrine the rights of nature — personified as Pachamama, the Andean earth goddess — in its constitution, in 2008. Other witnesses speaking on behalf of Los Cedros included ex-Minister of Mining and economist Alberto Acosta and Dr. Hugo EcheverrÃa, a lawyer specializing in Rights of Nature and the Constitution. The Center for Democratic and Environmental Rights’ released a video on the recent developments of Rights of Nature in Ecuador. in north-western Ecuador is one of the most biologically diverse habitats in the world, with more than 4,800 hectares (nearly 12,000 acres) of primary cloud forest safeguarding the headwaters of four important watersheds. The ecosystem itself can be named as the defendant. It is mandatory to procure user consent prior to running these cookies on your website. Ecuador became the first country in the world to codify the Rights of Nature and to inform a more clarified content to those rights. © 2019 Global Alliance for the Rights of Nature. Los Cedros Reserve in north-western Ecuador is one of the most biologically diverse habitats in the world, with more When I saw the headline, I interpreted it a bit differently: that Ecuador had acknowledged that all of us, being created equal, had an equal right to the bounties of nature, and that thus, the right of all of Ecuador’s citizens to share in the economic value of Ecuador’s natural and community-created resources was being affirmed. By using our website you agree to our. Celebran el primer caso exitoso de exigibilidad de los Derechos de la…, La Alianza Global para los Derechos de la Naturaleza lanza dos libros en…, Natalia Greene on Politics of Rights of Nature in Ecuador. Edgar Merlo who heads the legal team for Los Cedros, said: âThe [Constitutional] Courtâs ruling in this case would be a first in Ecuador: on the Rights of Nature, the right to prior consultation of communities, and the right to legal certainty, since concessions were granted without respecting the declaration of protective forests. Ecuador was the first nation to include the Rights of Nature in its constitution. In May, the, Constitutional Court of Ecuador specifically cited, the biodiversity at Los Cedros and the presence of. Canadian mining company Cornerstone Capital Resources was given a permit to explore for gold at Los Cedros Reserve in a joint-venture arrangement with the Ecuadorian state mining company, ENAMI. Should nature have rights? The ancient values that are en… Ecuador: The Rights of Nature Threatened in Yasuní National Park September 5, 2013 Marc Becker Ecuador 0 UNESCO designated the Yasuní National P ark as a world biosphere reserve in 1989 because it contains 100,000 species of animals, many which are … In the case of Ecuador, the seventh chapter of its new constitution is entitled “Rights of Nature.” This document establishes Pachamama as a legal entity for the first time in history, stipulating the right to an integral respect for nature’s existence and for the maintenance and regeneration of its life cycles, structures, functions, evolutionary processes, and restoration. This article tells the story of this extraordinary moment in constitutional history, presenting a detailed description of how these rights came about, why they appeared when and where they did, and what they mean to those concerned with this innovation. The hearing focused on the application of the Rights of Nature for Bosques Protectores (legally Protected Forests), which have been guaranteed in Articles 71â74 of Ecuadorâs Constitution. Rather than treating nature as property under the law, Rights for Nature articles acknowledge that nature in all its life forms has the right to exist, persist, maintain and regenerate its vital cycles. We also use third-party cookies that help us analyze and understand how you use this website. Deep in Ecuador's Amazon rainforest, a gigantic open pit copper and gold mine is planned in the heart of the Shuar peoples' territory. Since that time, several cases have been brought to Ecuadorian courts, on behalf of nature. A great first step for humanity towards a change of paradigm! These cookies will be stored in your browser only with your consent. Ecuador’s Constitution Successful Rights of Nature case: the Vilcabamba River Case, 2011 Further reading. Mining companies tried to justify mining in Bosques Protectores by saying that the Rights of Nature did not apply to these Forests, as they were not specifically mentioned in the Constitution. Articles 10 and 71–74 of the Ecuadorian Constitution recognize the inalienable rights of ecosystems to exist and flourish, give people the authority to petition on the behalf of nature, requires the government to remedy violations of these rights. All phases of mining are scientifically proven to decrease biodiversity through the collective impacts of road construction, deforestation, and associated river sedimentation and pollution. ", There has already been significant international outrage at the threat to the reserve, with more than 19,000 signatories to a petition set up by the US Center of Biological Diversity in August. The outcome will serve as a precedent for all future Rights of Nature cases, and could have implications for the future of mining throughout the country. However, these statements were countered by legal experts, who quoted Article 71 of the Constitution (1). 42 WILLAMETTE ENVIRONMENTAL LAW JOURNAL FALL 2016 Ecuador’s Constitutional Rights of Nature U.S., and helped Tamaqua, Pennsylvania, draft and adopt the world’s first local rights of nature ordinance in 2006.6 In summary, the text of the Constitution: states up-front that societal harmony DEFEND NONHLE AND ALL DEFENDERS OF MOTHER EARTH! Court decision on Llurimagua – Rights of Nature Case – Ecuador. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Natalia Greene is the vice president of CEDENMA, a member of the executive committee for the Global Alliance for the Rights of Nature and a member of Los Cedros. Codify the rights of Nature ', in its Constitution: Save Los Reserve... 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