Law of the Rights of Mother Earth
Encyclopedia
Law of the Rights of Mother Earth is a Bolivian law (number 71), that was passed by Bolivia's Plurinational Legislative Assembly in December 2010. This 10 article law is derived from the first part of a longer draft bill that is scheduled to be considered by the Assembly in 2011. The short version was rushed to be presented by president Evo Morales
at the 2010 United Nations Climate Change Conference
.
The law defines Mother Earth
as "...the dynamic living system formed by the indivisible community of all life systems and living beings whom are interrelated, interdependent, and complementary, which share a common destiny; adding that "Mother Earth is considered sacred in the worldview of Indigenous peoples and nations.
In this approach human beings and their communities are considered a part of mother earth, by being integrated in "Life systems" defined as "...complex and dynamic communities of plants, animals, micro-organisms and other beings in their environment, in which human communities and the rest of nature interact as a functional unit, under the influence of climatic, physiographic and geologic factors, as well as the productive practices and cultural diversity of Bolivians of both genders, and the cosmovisions of Indigenous nations and peoples, intercultural communities and the Afro-Bolivians. This definition can be seen as a more inclusive definition of ecosystems because it explicitly includes the social, cultural and economic dimensions of human communities.
The law also establishes the juridical character of Mother Earth as "collective subject of public interest
", to ensure the exercise and protection of her rights. By giving Mother Earth a legal personality, it can, through its representatives (humans), bring an action to defend its rights. Additionally, to say that Mother Earth is of public interest represents a major shift from a anthropocentric perspective to a more Earth community based perspective. .
The short law proclaims the creation of the Defensoría de la Madre Tierra a counterpart to the human rights ombudsman office known as the Defensoría del Pueblo
, but leaves its structuring and creation to future legislation.
and campesino
organizations) drafted the long version of the Law between the April 2010 World People's Conference on Climate Change and the Rights of Mother Earth
and October 2010, when they finished the final version in a joined effort with a commission of the Plurinational Legislative Assembly, the Bolivian Vice-ministry of Environment, and a legal team of constitutional development from the Vic-president Office. Later, a ten-article short version was agreed with then Senator Freddy Bersatti and Deputy Galo Silvestre, to be passed by the Legislative Assembly in December 2010.
Evo Morales
Juan Evo Morales Ayma , popularly known as Evo , is a Bolivian politician and activist, currently serving as the 80th President of Bolivia, a position that he has held since 2006. He is also the leader of both the Movement for Socialism party and the cocalero trade union...
at the 2010 United Nations Climate Change Conference
2010 United Nations Climate Change Conference
The 2010 United Nations Climate Change Conference was held in Cancún, Mexico, from 29 November to 10 December 2010. The conference is officially referred to as the 16th session of the Conference of the Parties to the United Nations Framework Convention on Climate Change and the 6th session of the...
.
The law defines Mother Earth
Mother Earth
Mother Earth may refer to:*Mother Nature, a common metaphorical expression for the Earth and its biosphere as the giver and sustainer of life*Mother Earth , a Slavic deity*Gaia , the Greek mythological goddess personifying the earth...
as "...the dynamic living system formed by the indivisible community of all life systems and living beings whom are interrelated, interdependent, and complementary, which share a common destiny; adding that "Mother Earth is considered sacred in the worldview of Indigenous peoples and nations.
In this approach human beings and their communities are considered a part of mother earth, by being integrated in "Life systems" defined as "...complex and dynamic communities of plants, animals, micro-organisms and other beings in their environment, in which human communities and the rest of nature interact as a functional unit, under the influence of climatic, physiographic and geologic factors, as well as the productive practices and cultural diversity of Bolivians of both genders, and the cosmovisions of Indigenous nations and peoples, intercultural communities and the Afro-Bolivians. This definition can be seen as a more inclusive definition of ecosystems because it explicitly includes the social, cultural and economic dimensions of human communities.
The law also establishes the juridical character of Mother Earth as "collective subject of public interest
Public interest
The public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...
", to ensure the exercise and protection of her rights. By giving Mother Earth a legal personality, it can, through its representatives (humans), bring an action to defend its rights. Additionally, to say that Mother Earth is of public interest represents a major shift from a anthropocentric perspective to a more Earth community based perspective. .
The short law proclaims the creation of the Defensoría de la Madre Tierra a counterpart to the human rights ombudsman office known as the Defensoría del Pueblo
Defensoría del Pueblo
Defensoría del Pueblo is a public ombudsman found in a number of Spanish-speaking countries:* Ombudsman's Office of Colombia* Defensoría del Pueblo de la Nación Argentina* Defensoría del Pueblo del Estado Plurinacional de Bolivia...
, but leaves its structuring and creation to future legislation.
Drafting and legislative process
The Pact of Unity (which gathers the major Bolivian indigenousIndigenous peoples
Indigenous peoples are ethnic groups that are defined as indigenous according to one of the various definitions of the term, there is no universally accepted definition but most of which carry connotations of being the "original inhabitants" of a territory....
and campesino
Campesino
Campesino may refer to:Peasant in Spanish.The arts* Los Campesinos!, an indie pop band from Cardiff, Wales* Teatro Campesino, a theater group founded by the United Farm WorkersPeople...
organizations) drafted the long version of the Law between the April 2010 World People's Conference on Climate Change and the Rights of Mother Earth
World People's Conference on Climate Change
The World People's Conference on Climate Change and the Rights of Mother Earth was a global gathering of civil society and governments hosted by the government of Bolivia in Tiquipaya, just outside the city of Cochabamba from April 19–22, 2010...
and October 2010, when they finished the final version in a joined effort with a commission of the Plurinational Legislative Assembly, the Bolivian Vice-ministry of Environment, and a legal team of constitutional development from the Vic-president Office. Later, a ten-article short version was agreed with then Senator Freddy Bersatti and Deputy Galo Silvestre, to be passed by the Legislative Assembly in December 2010.
Content
The law enumerates seven specific rights to which Mother Earth and her constituent life systems, including human communities, are entitled to:- To lifeLifeLife is a characteristic that distinguishes objects that have signaling and self-sustaining processes from those that do not, either because such functions have ceased , or else because they lack such functions and are classified as inanimate...
: It is the right to the maintenance of the integrity of life systems and natural processes which sustain them, as well as the capacities and conditions for their renewal - To the Diversity of LifeBiodiversityBiodiversity is the degree of variation of life forms within a given ecosystem, biome, or an entire planet. Biodiversity is a measure of the health of ecosystems. Biodiversity is in part a function of climate. In terrestrial habitats, tropical regions are typically rich whereas polar regions...
: It is the right to the preservation of the differentiation and variety of the beings that comprise Mother Earth, without being genetically alteredGenetic engineeringGenetic engineering, also called genetic modification, is the direct human manipulation of an organism's genome using modern DNA technology. It involves the introduction of foreign DNA or synthetic genes into the organism of interest...
, nor artificially modified in their structure, in such a manner that threatens their existence, functioning and future potential - To waterWaterWater is a chemical substance with the chemical formula H2O. A water molecule contains one oxygen and two hydrogen atoms connected by covalent bonds. Water is a liquid at ambient conditions, but it often co-exists on Earth with its solid state, ice, and gaseous state . Water also exists in a...
: It is the right of the preservation of the quality and composition of water to sustain life systems and their protection with regards to contamination, for renewal of the life of Mother Earth and all its components - To clean air: It is the right of the preservation of the quality and composition of air to sustain life systems and their protection with regards to contamination, for renewal of the life of Mother Earth and all its components
- To equilibriumHomeostasisHomeostasis is the property of a system that regulates its internal environment and tends to maintain a stable, constant condition of properties like temperature or pH...
: It is the right to maintenance or restoration of the inter-relation, interdependence, ability to complement and functionality of the components of Mother Earth, in a balanced manner for the continuation of its cycles and the renewal of its vital processes - To restorationRestoration ecology-Definition:Restoration ecology is the scientific study and practice of renewing and restoring degraded, damaged, or destroyed ecosystems and habitats in the environment by active human intervention and action, within a short time frame...
: To Restoration: It is the right to the effective and opportune restoration of life systems affected by direct or indirect human activities - To live free of contaminationContaminationContamination is the presence of a minor and unwanted constituent in material, physical body, natural environment, at a workplace, etc.-Specifics:"Contamination" also has more specific meanings in science:...
: It is the right for preservation of Mother Earth and any of its components with regards to toxicToxic wasteToxic waste is waste material that can cause death or injury to living creatures. It spreads quite easily and can contaminate lakes and rivers. The term is often used interchangeably with “hazardous waste”, or discarded material that can pose a long-term risk to health or environment.Toxic waste...
and radioactive wasteRadioactive wasteRadioactive wastes are wastes that contain radioactive material. Radioactive wastes are usually by-products of nuclear power generation and other applications of nuclear fission or nuclear technology, such as research and medicine...
generated by human activities
Precedent
The law is considered to be the first instance of environmental law that gives legal personhood to the natural system, and may also allow for citizens to sue individuals and groups as part of "Mother Earth" in response to real and alleged infringements of its integrity.See also
- Animal RightsAnimal rightsAnimal rights, also known as animal liberation, is the idea that the most basic interests of non-human animals should be afforded the same consideration as the similar interests of human beings...
- Plant rightsPlant rightsPlant rights are rights that plants may be entitled to. Such issues are often raised in connection with discussions about animal rights or biocentrism....
- Legal personalityLegal personalityLegal personality is the characteristic of a non-human entity regarded by law to have the status of a person....
- Great ape personhoodGreat Ape personhoodGreat ape personhood is a movement to create legal recognition of bonobos, common chimpanzees, gorillas, and orangutans as bona fide persons.-First steps:...
- PachamamaPachamamaPachamama is a goddess revered by the indigenous people of the Andes. Pachamama is usually translated as Mother Earth, but a more literal translation would be "Mother world"...
Further reading
- Text (in Spanish) of the Ley (Corta) de Derechos de Madre Tierra, December 2010.