Articles that positively influenced the Constitutional debate: La naturaleza no es muda, Eduardo Galeano, If Nature Had Rights, Cormac Cullinan  also listen to the audio If Nature Had Rights read by Cormac Cullinan, The Implementation of Rights for Nature, Thomas Linzey 08, Cormac Cullinan, Memo constitutional nature rights in Ecuador. Those speaking in favour of mining in Protected Forests included Fernando L. Benalcázar, the Vice-Minister of Mining; Pablo Mendez, the legal representative of Canadian mining company Cornerstone Capital Resources; and Oscar Vela for Australian SolGold subsidiaries Vallerico Resources and Green Rock Resources. For the entire day on Monday, Ecuador’s highest court heard a series of Zoom testimonies. Edgar Merlo who heads the legal team for Los Cedros, said: s 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. s foremost bat biologist. As of 2019, nature's rights laws exist in 12 countries, several U.S. Tribal Nations, and dozens of cities and counties across the United States. 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. TOWARDS AN EU CHARTER OF THE FUNDAMENTAL RIGHTS OF NATURE!!! Ecuador’s Constitution Gives Rights to Nature September 25, 2008 Cyril Mychalejko Ecuador 0 Jaguars, spectacled bears, brown-headed spider monkeys, and plate-billed mountain toucans may all just breathe a little easier next week if Ecuadorians approve a new constitution in a referendum on Sunday that would grant these threatened animals’ habitats with inalienable rights. Article 6 of the Code states, “Nature's rights are those recognized in the Constitution which include the integral respect of their existence and the maintenance and regeneration of their life cycles, structure, functions and evolutionary processes, as … 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’s legal team. Jonathon Porritt, one of many UK’s main environmentalists, mentioned: “Ecuador was the primary nation to incorporate the Rights of Nature in its structure. Facebook: Save Los Cedros Reserve or by using hashtags #JusticiaLosCedros #SaveLosCedros. Rather, it is a rights-bearing entity. Dan Thomas, a biologist from Whitman College who has been working with economists from Notre Dame and Duke, testified that the existing carbon stocks at Los Cedros are estimated to be worth at least $210 million. By using our website you agree to our. The rapid expansion of mining in Ecuador since 2017 has seen a 300 percent increase in new concessions for mining exploration, totalling over 2.9 million hectares (6.17 million acres) of land. From CDER: “Our June 2020 webinar focused on Ecuador, with an excellent presentation by Attorney Hugo Echeverria, who is based in Quito and who works with CDER. 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. The Constitutional Court is the final hope for the Los Cedros Reserve to safeguard its future as a biological sanctuary. Since that time, several cases have been brought to Ecuadorian courts, on behalf of nature. DEFEND NONHLE AND ALL DEFENDERS OF MOTHER EARTH! 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. In New Zealand, several ecosystems now have legal rights, including … Find out about our mission, and our team, here. Los Cedros is a Key Biodiversity Area, which makes it critical to the global persistence of biodiversity and the health of the planet. The ancient values that are en… The Constitutional Court has chosen these cases to test how the Rights of Nature in the Constitution should be applied on a judiciary level. 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.”. The application and interpretation of these rights will follow the related principles established in the Constitution. The ecosystem itself can be named as the defendant. Should nature have rights? The Court will consider the testimonies along with other submitted evidence until the 23rd October, after which the Court is expected to make a decision deciding the future of Los Cedros. Ecuador rewrote its Constitution in 2007-2008 and it was ratified by referendum by the people of Ecuador in September 2008. The new Ecuadorian Constitution includes a Chapter: Rights for Nature. 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 Chamber of Mining officials were concerned that any restriction to mining operations might affect 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 court also heard from Merlin Tuttle, the world. Rebekah Hayden campaigns with the Rainforest Action Group (Melbourne), a grassroots working group committed to securing the earth's ecological future and a sustainable and equitable society in Australia, Ecuador and beyond. The Los Cedros case is not the only case currently being heard on the Rights of Nature. It could now become the first nation to protect large swathes of biodiversity, based upon this constitutional innovation. A separate scientists petition was signed by over 1200 scientists, including Jane Goodall, EO Wilson, Peter Raven, and Rosemary and Peter Grant.Â. In May, the, Constitutional Court of Ecuador specifically cited, the biodiversity at Los Cedros and the presence of. Meanwhile mining company Cornerstone Capital Resources continues to explore within the Reserve, without the appropriate permits, despite overwhelming opposition in the region, and in direct contravention of Protective Measures granted by the Provincial Court of Imbabura in June 2019. 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. These cookies will be stored in your browser only with your consent. It is mandatory to procure user consent prior to running these cookies on your website. BHP also has a concession that overlaps part of the Reserve. Our legal case has been based on the argument that mining in Protected Forests is a violation of the legal status of declared Protected Areas, the Rights of Nature, and the right of communities to prior consultation, even before considering potential environmental damages,” says Jose DeCoux, manager and founder of Los Cedros reserve. The Los Cedros case is not the only case currently being heard on the Rights of Nature. the last populations of the spider monkey in a critical state of conservation, and the Andean (spectacled) bear [which is] in danger of extinction” as reasons for hearing the case. The final judgment by the Constitutional Court in this case could change the legal focus in Ecuador, South America, and the entire world on the Rights of Nature and the rights of local communities, so that mining concessions are not granted in Protected Forests.”. Thus, in Ecuador, nature is no longer considered a thing without legal rights. Rights of Nature power point presentations: Presentacion Derechos Naturaleza Carlos Larrea, Rights of Nature Ecuador, Natalia Greene’s Presentation Cancun. It also protects incredible diversity, including over 200 species facing a high risk of extinction, five of which are regarded as critically endangered by the Ecuadorian government.Â. It could now become the first nation to protect large swathes of biodiversity, based upon this constitutional innovation. The outcome of a case to protect the Los Cedros Reserve from mining will set a precedent for all future Rights of Nature cases in Ecuador. 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. Beyond the extraordinary biodiversity of these forests, they are vital to sequester carbon and water. The Ecologist is the world’s leading environmental affairs platform. This would set an invaluable precedent worldwide. It might now turn out to be the primary nation to guard giant swathes of biodiversity, primarily based upon this constitutional innovation. national and international academic institutions that have carried out scientific research” on Los Cedros to present their findings. That question is being put to the test right now in Ecuador. 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. “Every person, people, community or nationality, will be able to demand the recognitions of rights for nature before the public organisms. Nature 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. All phases of mining are scientifically proven to decrease biodiversity through the collective impacts of road construction, deforestation, and associated river sedimentation and pollution. Overview. Nature, or Pacha Mama, where life is reproduced and occurs, has the right to integral respect for its existence and for the maintenance and regeneration of its life cycles, structure, functions and evolutionary processes. Los Cedros Reserve 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. Alberto Acosta, the president of Ecuador’s Constituent Assembly that was charged with leading the development of the new constitution, said in reflection of the inclusion of Buen Vivir that “only by imagining other worlds will this one be changed”. Only 250 of these rare monkeys remain, around a quarter of which live at Los Cedros. However, other supporters were prevented from attending, with at least one bus detained at Cotacachi by the Ecuadorian National Police. Scientists included Ecuador, s best-known herpetologist, Juan Manuel Guayasamí. 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. Second, the Ecuadorian rights of nature contain elements that are not unique to the Ecuadorian experience, but rather shared by all rights of nature practice so far. “Our legal case has been based on the argument that mining in Protected Forests is a violation of the legal status of declared Protected Areas, the Rights of Nature, and the right of communities to prior consultation, even before considering potential environmental damages,” says Jose DeCoux, manager and founder of Los Cedros reserve. Given the climate emergency, the need to keep reserves like Los Cedros intact takes on added urgency. 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. n, Jose Cueva, the spokesperson for Los Cedros, and representatives from Birdlife International, Amazon Frontlines, and the Center for Biological Diversity made strong arguments about the value of Bosques Protectores and the impossibility of conducting any kind of exploration within them without risking the extinction of many species. Jonathon Porritt, one of the UK’s leading environmentalists, said: “Ecuador was the first nation to include the Rights of Nature in its constitution. Other witnesses speaking on behalf of Los Cedros included ex-Minister of Mining and economist Alberto Acosta and Dr. Hugo Echeverría, a lawyer specializing in Rights of Nature and the Constitution. Chamber of Mining officials were concerned that any restriction to mining operations might affect Ecuador’s “judicial security”, potentially risking the State being sued by mining companies, as in 2014 when a US court ruled the government had to pay Chevron millions in compensation for violating a bilateral investment treaty. The livestream of the Court case had 15,000 views as of Monday 19 October evening Quito time, with strong engagement by Ecuadorians predominantly in favour of protecting the Reserve. 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. Ecuador’s Rights of Nature constitutional provisions – found in Chapter 7 – state: “Nature, or Pachamama, where life is reproduced and occurs, has the right to integral respect for its existence and for the maintenance and regeneration of its life cycles, structure, functions and evolutionary processes. It is impossible to understate how important the habitat that Los Cedros protects is, and the science shows that very clearly. “Law enforcement blocks the passage and tries to stop the legitimate right to protest, an abuse of free expression and above all evidence that the powers of the State benefit the interests of transnational companies,” OMASNE said in a FaceBook post. “It is impossible to understate how important the habitat that Los Cedros protects is, and the science shows that very clearly, said Professor Bitty A. Roy from the University of Oregon’s Institute for Ecology and Evolution. 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 relevance of this rapid transition lies in the fact that two nations have dared to collectively dream of alternative worlds, and taken steps to put them in place. This would set an invaluable precedent worldwide. Find out more about the mining threat in Ecuador and the Rainforest Action Group's work. Articles written to celebrate the recognition and deepen the understanding of these new rights granted in the Ecuadorian Constitution: La natureleza como sujeto de derechos símbolo o realidad jurídica, Ricardo Crespo, Los derechos de la naturaleza en la Constitución ecuatoriana, Mario Melo, El derecho de la naturaleza, Ramiro Avila, CODIFICACION DE LA DOCTRINA CONSTITUCIONAL DE LOS DERECHOS DE LA NATURALEZA, DPE, Hacia la Declaración Universal de los Derechos de la Naturaleza, Alberto Acosta, Buen Vivir y Naturaleza, Mario Melo (See English), Good Living and Nature by Mario Melo (English). The rights of nature were enshrined in Ecuador’s 2008 Constitution, Bolivia’s 2010 ‘Rights of Mother Earth’ Act and are now present in more than three dozen local laws in the USA. Deep in Ecuador's Amazon rainforest, a gigantic open pit copper and gold mine is planned in the heart of the Shuar peoples' territory. These cookies do not store any personal information. CHAPTER SEVEN Rights of nature Article 71. The new Ecuadorian Constitution includes a Chapter:  Rights for Nature. David Dene tells the story of a growing international campaign to uphold and defend the ‘Rights of Nature’, in Ecuador and beyond. “Nature, 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. [1] Article 71 of the Ecuadorian Constitution. A positive ruling would not only protect Los Cedros’s forests from mining, but could provide a precedent to safeguard all 186 Protected Forests in Ecuador, totalling some 2.4 million hectares (6 million acres). Ecuador is the first country to recognize Rights of Nature in its Constitution. This site use cookies to ensure you the best experience. Sign up for our WEEKLY and MONTHLY newsletters - and never miss out on the amazing news and comment articles we publish, day in day out. The Tribunal will be a permanent platform for hearing and judging cases from around the world. But opting out of some of these cookies may affect your browsing experience. One of these species is the critically endangered Brown-headed spider monkey. However, these statements were countered by legal experts, who quoted Article 71 of the Constitution (1). over 200 species facing a high risk of extinction, , five of which are regarded as critically endangered by the Ecuadorian government.Â, It is impossible to understate how important the habitat that Los Cedros protects is, and the science shows that very clearly, said,  Professor Bitty A. Roy from the University of Oregon, "It houses incredible diversity that we haven, t even begun to fully understand, plays a vital role in the water cycle, is an important carbon capture, and so much more. This category only includes cookies that ensures basic functionalities and security features of the website. Short-term national gains from mining will not compensate for permanent biodiversity losses, and long-term ecosystem service and economic losses at the local and regional levels,” says Bitty Roy. Los Cedros is the last refuge for countless organisms.”, Los Cedros is a Key Biodiversity Area, which makes it critical to the global persistence of biodiversity and the health of the planet. And we – the people –  have the legal authority to enforce these rights on behalf of ecosystems. Rights for Nature Articles in Ecuador’s Constitution, Constitution of the Republic of Ecuador (English). 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. However, these statements were countered by legal experts, who quoted Article 71 of the Constitution (1), saying the Rights of Nature were universal rights, granted by the Constitution to all of Ecuador, and not just limited to National Parks (PANE). ", 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. Los Cedros Reserve in north-western Ecuador is one of the most biologically diverse habitats in the world, with more Rights of Nature in Ecuador | American People News All the latest breaking news on American People News. A positive ruling would not only protect Los Cedros. Learn about this amazing recognition, its experience and share it with the world! All Rights Reserved. The application and interpretation of these rights will follow the related principles established in the Constitution. A great first step for humanity towards a change of paradigm! In 2008 the South American country made history when its new constitution declared that nature had “the right to integral respect for its existence and for the maintenance and regeneration of its life cycles, structure, functions and evolutionary processes.” Los Cedros Reserve 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. Necessary cookies are absolutely essential for the website to function properly. There’s so little intact primary forest left. Since 2006, rights of nature have been recognised by some sub-federal public bodies in the United States and by the governments of Ecuador and Bolivia. Our aim is to educate and inform as many people as possible about the wonders of nature, the crisis we face and the best solutions and methods in managing that crisis. A sign-on letter of support presented to the court was signed by more than fifty Ecuadorian and international organisations, including Global Wildlife Conservation, é pour les droits humains en Amérique latine (CDHAL, Despite the court case being streamed over Zoom due to the pandemic, crowds of supporters  remained outside the Constitutional Court in Quito for the entire proceedings, playing music and dancing while chanting, Law enforcement blocks the passage and tries to stop the legitimate right to protest, an abuse of free expression and above all evidence that the powers of the State benefit the interests of transnational companies,” OMASNE said in a. had 15,000 views as of Monday 19 October evening Quito time, with strong engagement by Ecuadorians predominantly in favour of protecting the Reserve. 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