To receive the magazine, become a member now. The views expressed in the articles published on this site may not necessarily reflect those of the trust, its trustees or its staff. 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”. In May, the, Constitutional Court of Ecuador specifically cited, the biodiversity at Los Cedros and the presence of. 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. [1] Article 71 of the Ecuadorian Constitution. Los Cedros Reserve in north-western Ecuador is one of the most biologically diverse habitats in the world, with more The latest edition of Resurgence & Ecologist is out now, and available to buy from the Resurgence Trust website. "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. 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. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. 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 Los Cedros case is not the only case currently being heard on the Rights of Nature. 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. 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. In May, the Constitutional Court of Ecuador specifically cited the biodiversity at Los Cedros and the presence of “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. Jonathon Porritt, one of many UK’s main environmentalists, mentioned: “Ecuador was the primary nation to incorporate the Rights of Nature in its structure. 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.” Ecuador is the first country to recognize Rights of Nature in its Constitution. But opting out of some of these cookies may affect your browsing experience. In 2008, Ecuador became the world’s first country to include rights of Nature (RoN) in its constitution. The hearing focused on the application of the Rights of Nature for Bosques Protectores (legally Protected Forests), which have been guaranteed in Articles 71–. It might now turn out to be the primary nation to guard giant swathes of biodiversity, primarily based upon this constitutional innovation. The constitution presents RoN as a tool for building a new form of sustainable development based on the Andean Indigenous concept sumak kawsay (buen vivir in Spanish), which is rooted in the idea of living in harmony with Nature. 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. “Every person, people, community or nationality, will be able to demand the recognitions of rights for nature before the public organisms. For the entire day on Monday, Ecuador’s highest court heard a series of Zoom testimonies. Ecuador was the first nation to include the Rights of Nature in its constitution. In 2008, Ecuador became the first country in the world to recognise the legal rights of nature in its constitution. 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. 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. She said: “The Rights of Nature in Article 71-73 are quite important to understand the case of Los Cedros. This, as I will explain, is not incidental; there are deep reasons for why the rights of nature share a similar advocacy account across several implementation strategies. 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. 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. 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. 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. That question is being put to the test right now in Ecuador. This would set an invaluable precedent worldwide. The application and interpretation of these rights will follow the related principles established in the Constitution. It could now become the first nation to protect large swathes of biodiversity, based upon this constitutional innovation. Overview. national and international academic institutions that have carried out scientific research” on Los Cedros to present their findings. © 2019 Global Alliance for the Rights of Nature. 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