Sustainability Update: The Constitutional Rights of Pachamama?
It has to start somewhere, sometime and soon.
Perhaps it will start on Sept. 28, 2008 in Ecuador.
Polls say over 50% of the Ecuadorean electorate supports the adoption of this new constitution. -- Richard Power
Ecuador's proposed constitution includes an article that grants nature the right to "exist, persist, maintain and regenerate its vital cycles, structure, functions and its processes in evolution" and will grant legal standing to any person to defend those rights in court.
Voters will get to decide on Sept. 28 whether to adopt the new constitution ... five articles that acknowledge rights said to be possessed by nature, or "Pachamama," a goddess revered by indigenous Andean peoples whose name roughly translates into "Mother Earth."
Chapter: Rights for Nature
Art. 1. 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.
Every person, people, community or nationality, will be able to demand the recognitions of rights for nature before the public organisms. The application and interpretation of these rights will follow the related principles established in the Constitution.
Art. 2. Nature has the right to an integral restoration. This integral restoration is independent of the obligation on natural and juridical persons or the State to indemnify the people and the collectives that depend on the natural systems.
In the cases of severe or permanent environmental impact, including the ones caused by the exploitation on non renewable natural resources, the State will establish the most efficient mechanisms for the restoration, and will adopt the adequate measures to eliminate or mitigate the harmful environmental consequences.
Art. 3. 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.
Art. 4. The State will apply precaution and restriction measures in all the activities that can lead to the extinction of species, the destruction of the ecosystems or the permanent alteration of the natural cycles.
The introduction of organisms and organic and inorganic material that can alter in a definitive way the national genetic patrimony is prohibited.
Art. 5. The persons, people, communities and nationalities will have the right to benefit from the environment and form natural wealth that will allow wellbeing.
The environmental services are cannot be appropriated; its production, provision, use and exploitation, will be regulated by the State. Eoin O'Carroll, Ecuador Constitution Would Grant Inalienable Rights To Nature, Christian Science Monitor, 9-4-08
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