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. In May, the, Constitutional Court of Ecuador specifically cited, the biodiversity at Los Cedros and the presence of. The website is owned and published by The Resurgence Trust, an educational charity. 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. 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. Ecuador rewrote its Constitution in 2007-2008 and it was ratified by referendum by the people of Ecuador in September 2008. To commemorate and celebrate the 10th anniversary of that historic event, an international symposium took place in Ecuador this past September 27th & 28th. 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.”. You also have the option to opt-out of these cookies. 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. 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. “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. 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. 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 “Justicia Los Cedros” (Justice for Los Cedros) and “Bosques Sin Minería” (Mining out of forests). “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. There, s so little intact primary forest left. The Ecologist is the world’s leading environmental affairs platform. “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.”. And we – the people – have the legal authority to enforce these rights on behalf of ecosystems. GARN is network of organizations and individuals committed to the universal adoption and implementation of legal systems that recognize, respect and enforce “Rights of Nature”. 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. 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. Thus far, Ecuador has included some mention of the rights of nature within the country’s Organic Code of the Environment (CODA). A separate scientists petition was, , including Jane Goodall, EO Wilson, Peter Raven, and Rosemary and Peter Grant.Â. 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. 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. 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. 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. s foremost bat biologist. 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 recognize and implement Rights of Nature into its national constitution. 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. 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. This category only includes cookies that ensures basic functionalities and security features of the website. The Constitutional Court is the final hope for the Los Cedros Reserve to safeguard its future as a biological sanctuary. Necessary cookies are absolutely essential for the website to function properly. CEDENMA spokesperson, Natalia Greene, told the court on Monday: "The Constitutional Court of Ecuador has an opportunity while the world is watching to employ the Rights of Nature as guaranteed in the Constitution, and make a decision that protects a highly threatened ecosystem from mining.”. 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 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. The court also heard from Merlin Tuttle, the world. However, these statements were countered by legal experts, who quoted Article 71 of the Constitution (1). 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. In 2008, Ecuador became the world’s first country to include rights of Nature (RoN) in its constitution. CHAPTER SEVEN Rights of nature Article 71. 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). “Every person, people, community or nationality, will be able to demand the recognitions of rights for nature before the public organisms. By using our website you agree to our. Esperanza Martínez of Acción Protección, 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. 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. Los Cedros is a Key Biodiversity Area, which makes it critical to the global persistence of biodiversity and the health of the planet. 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. Since that time, several cases have been brought to Ecuadorian courts, on behalf of nature. rights, granted by the Constitution to all of Ecuador, and not just limited to National Parks (PANE). 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 new Ecuadorian Constitution includes a Chapter:  Rights for Nature. "By reading these articles, you can understand that, if nature has rights — especially nature with such a big biodiversity, with so many species that are unique and that are on the verge of extinction — then Article 71 and 73 need to be applied in Los Cedros since it is facing such a big threat.”, Elisa Levy, research coordinator of the Los Cedros scientific station, added: “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,” says. The early 2000s saw a significant expansion of rights of nature law, in the form of constitutional provisions, treaty agreements, national and subnational statutes, local laws, and court decisions. Communities believe the Ecuadorian government has acted illegally for selling these concessions without their knowledge or consent, and acting without respect for the national networks of Protected Forests and Indigenous Territories. 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. 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. 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. Scientists included Ecuador’s best-known herpetologist, Juan Manuel Guayasamín, fresh-water ecologist Blanca Ríos-Tourma, and many international scientists, including Mika Peck, Bitty Roy, and Roo Vandegrift. Scientists included Ecuador, s best-known herpetologist, Juan Manuel Guayasamí. Jonathon Porritt, one of the UK’s leading environmentalists, said: “Ecuador was the first nation to include the Rights of Nature in its constitution. The court also heard from Merlin Tuttle, the world’s foremost bat biologist. WASHINGTON - So far in 2020, important developments for the global Rights of Nature movement have been made in Ecuador, French Guiana, Australia, the Nez Perce Tribe, Spain, Costa Rica, Ohio, Oregon, Pennsylvania, the Tŝilhqot’in Nation, and the Yurok Tribe, which helped win an historic agreement to remove dams on the Klamath River (whose rights the tribe formally recognized … Los Cedros is the last refuge for countless organisms.”. This would set an invaluable precedent worldwide. 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. David Dene tells the story of a growing international campaign to uphold and defend the ‘Rights of Nature’, in Ecuador and beyond. Learn about this amazing recognition, its experience and share it with 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. It's an amazing place, threatened by mining. Edgar Merlo who heads the legal team for Los Cedros, said: “The [Constitutional] Court’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. national and international academic institutions that have carried out scientific research” on Los Cedros to present their findings. 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. This website uses cookies to improve your experience while you navigate through the website. 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. [1] Article 71 of the Ecuadorian Constitution. It might now turn out to be the primary nation to guard giant swathes of biodiversity, primarily based upon this constitutional innovation. 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). DEFEND NONHLE AND ALL DEFENDERS OF MOTHER EARTH! 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. 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. 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. These rights on behalf of ecosystems with either existing or pending rights Nature! Our team, here security features of the Reserve platform for hearing and judging from! Ecuadorian Constitution includes a Chapter: rights for Nature understand how you this! Constitution should be applied on a judiciary level out about our mission, and not just to... Nature!!!!!!!!!!!!!!!!!!! Cedros and the Rainforest Action Group's work be named as the defendant herpetologist, Juan Guayasamí! It could now become the first country in history to guarantee rights to Nature in! 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