International Rights of Nature Tribunal€¦ · 2010, in Cochabamba, Bolivia, at the World People's...

Global Alliance for the Rights of Nature www.TheRightsofNature.org

International Rights of Nature Tribunal

December 5 - 6, 2014

Gran Hotel Bolivar, Lima-Peru

Table of Contents

Background

Purpose and jurisdiction of the Tribunal

Functions of the Court

Rights of Nature Cases in Lima

Roles of participants

President

Judges

Prosecutor

Secretariat

Case Presenter

Expert Witness

Victims

Draft Agenda

Appendix 1 - Guidelines for case presentation


International Rights of Nature Tribunal

December 5 - 6, 2014

Gran Hotel Bolivar, Lima-Peru

Background Within the context of the most severe environmental and climate crisis to ever face humanity, Rights of

Nature proposes a societal change that challenges the dominant anthropocentric logic from which modern

legal systems have evolved and recognizes the right to life of all members of our earth community. In 2008,

Ecuador became the first country in the world to recognize nature as a subject of rights, thus ensuring the

maintenance and regeneration of its vital cycles, structure, functions and evolutionary processes. On April 20,

2010, in Cochabamba, Bolivia, at the World People's Conference on Climate Change and the Rights of Mother

Earth, was adopted by more than 35,000 people, the Universal Declaration of the Rights of Mother Earth. This

statement raises the right of nature to exist and respect their right to comprehensive regeneration and

restoration.

Because governments deviate from its responsibility to ensure respect for these rights, global civil society

has taken the lead to make recognizing rights of nature a reality. For this purpose the first International Tribunal

on the Rights of Nature and Mother Earth was convened on Friday January 17, 2014 in Quito, Ecuador, chaired

by Dr. Vandana Shiva. The Tribunal puts forth a new vision of living in harmony with the earth through

recognizing the rights of nature. The rulings call for defining new economic models, social systems and

governance structures to create a new path forward that recognize the interdependencies of humans and

earth systems.

In this Tribunal, distinguished judges from all corners of the world, with the ethical authority that

characterizes them, admitted seven specific cases: 1) the pollution of Chevron-Texaco (Ecuador); 2) the BP

Deepwater Horizon spill (US); 3) the Yasuní oil extraction project (Ecuador); 4) threats to the Great Barrier Reef

due to coal mining (Australia); 5) Condor Mirador open pit copper mine (Ecuador); 6) cases of hydraulic

fracturing (US), and 7) the case of persecution against defenders of Nature (Ecuador). The threat of genetically


modified or transgenic organisms (GMOs) and climate change: two instances of global scale that represent

systemic violations of the rights of Mother Earth were also admitted.

Since the Tribunal launch, four special chambers have convened around the world during 2014: two

related to the Yasuni case in Ecuador, (one on April 11 led by Boaventura de Sousa Santos, the next requested

by the Special Committee of the Yasuni on August 15, 2014 chaired by George Caffentzis); one for the Chevron

and fossil fuel industry on October 5 in San Francisco, US led by Anuradha Mittal; and the Great Barrier Reef

on 15 October in Australia led by Brendan Mackey.

The first International Rights of Nature Tribunal in January 2014 determined that the Court would convene

in December 2014 parallel to the UNFCCC COP20. Therefore, the Grand Hotel Bolivar in Lima, Peru will host

the second International Rights of Nature Tribunal, to be held December 5-6, 2014.

International Tribunal for the Rights of Nature

Purpose and jurisdiction of the Tribunal

The Tribunal was established to promote universal respect and guarantee the rights established in the

Universal Declaration of the Rights of Mother Earth, to promote harmonious coexistence between human

beings and other creatures of nature. The Tribunal asserts the jurisdiction to investigate and determine any

serious violation of rights, or violation of responsibilities set out in the Universal Declaration of the Rights of

Mother Earth, be they committed by international organizations, states, private or public legal entities, or

individuals.

Functions of the Court

1) The Court shall hear cases of alleged violations of the rights of nature (including potential threats)

as recognized in the Universal Declaration of the Rights of Mother Earth in order to determine a) whether there

has been a violation, b) causes and parties responsible for the violation, c) measures to be taken to prevent

recurrence of such violations, and d) measures to fully restore the damage to nature and communities

affected; or damage that may occur as a result of the violation or threatened;

2) The Tribunal may recommend that parties involved participate in mediation proceedings,

restorative justice procedures, and other means to reach agreement on measures to prevent violations of the

rights of nature in the Universal Declaration and to restore integrally damage;

3) The Tribunal must give an advisory opinion related to the implementation of the Universal

Declaration in particular cases and promotion of the harmonious coexistence of human beings with other living

beings in nature;

4) The Court may issue provisional measures to be taken to preserve the rights of nature;

5) The Court must accept or reject cases and issue rulings on cases after the presentation of

evidence.

6) The Court will publish its findings, sentences, judgments, advisory opinions, among others.


STRUCTURE OF THE TRIBUNAL IN LIMA-PERU (December 5-6)

Rights of Nature Cases in Lima

Twelve cases will be heard in the Lima Tribunal. Each case will be presented by at least three speakers

for the event: 1) a presenter of the case, 2) an expert witness and 3) a victim.

Cases for the International Rights of Nature Tribunal in Lima

CASE TITLE TOPIC COUNTRY PERSON RESONSIBLE

1. Yasuní Oil Ecuador Patricia Carrión -Yasunidos

Yasuni National Park is the most biodiverse place in the Eastern Hemisphere. There are 982,000 hectares of Amazon forest Pleistocene refugium with the highest biodiversity on our planet. This diversity exceeds the total number of trees in the United States and Canada. It is also home to two indigenous peoples in isolation, the Tagaeri and Taromenane. Ecuador tried to stop drilling in the ITT oil block through the Yasuni-ITT Initiative. However on August 15, 2013 the government decided to exploit oil in spite of the great ecological risk given the fragility of the area. The same year civil society formed the Yasunidos Collective and collected more than 750,000 signatures to call for a national consultation on the move but no action has been taken by the government to recognize the order. In January 2014 the International Rights of Nature Tribunal accepted the case of the exploitation of Yasuni as a potential violation of the rights of nature. Since the acceptance hearing, two special sessions heard evidence and witnessed what might happen in Yasuni, the people who live there, and transgressions to those who defend the park such as Yasunidos. In the April 11 session, the Tribunal formed a special Commission for the surveillance Yasuní. During the August 15, 2015 hearing, the Tribunal condemned the violations of the rights of nature in the Yasuni and violations against its defenders. Objective of the Tribunal: review judgments of Special Sessions and issue a final ruling.

2. Chevron-Texaco Oil Ecuador Pablo Fajardo

On February 5, 1964 the government of Ecuador signed the concession with the Texaco Consortium of Gulf Oil for oil exploration in the northern region of the Ecuadorian Amazon. In operation until 1992, the company operations had devastating impacts on the environment, and therefore on the area's population. The operation deforested more than 2 million hectares, spilled more than 650,000 barrels of oil, and dumped millions of gallons of formation water and heavy metals into their area's water sources, affecting indigenous and mestizo populations of the region. The affected communities have won major victories in the courts against Chevron/Texaco over the past 20 years of the case. However the devastating damage left by the company, both to the natural rainforest and its inhabitants remain.

Objective of the Tribunal: hear more evidence and solve the case with a sentence.


3. British Petroleum (BP) Oil

Gulf of Mexico

Mexico / USA Esperanza Martínez

On April 20, 2010 an explosion occurred on the "Deepwater Horizon", operated by British Petroleum with the Swiss company Transocean. The explosion caused a spill of 5 million barrels of oil into the Gulf of Mexico and killed 11 workers. Oil continued to flow into the ocean, spilling between 12 and 19 thousand barrels of oil daily. The spill stopped in July of that year, but the damage to the marine ecosystem persist and will persist for much longer. Objective of the Tribunal to hear more evidence and solve the case with a sentence.

4. Hydraulic Fracking Oil

Global: USA /

Bolivia /Argentina Shannon Biggs

Hydraulic fracturing is a well-stimulation technique to release oil and gas through high-pressure injection of water, sand and chemicals into rock formations rich in hydrocarbons. This technique affects various parts of our planet and jeopardizes the rights of nature. Hydraulic fracking is a wide-spread reality in the United States and an emerging possibility in Bolivia and Argentina. The case was filed in the initial Tribunal in Quito and accepted as a possible violation of the rights of nature and the rights of people who, despite being against the technique, have to live with the devastating effects. Objective of the Court: to present evidence and further information about hydraulic fracturing as a problem in several parts of the world.

5. Cóndor Mirador Mining Ecuador Mario Melo

On March 5, 2012, the Ecuadorian government signed the first contract for metal mining on a large scale with the Chinese company Corriente Resources SA. The agreement allows for the extraction of copper in the Cordillera del Condor, one of the most biodiverse places in the country. This project, called Mirador, affects both the natural ecosystems and indigenous peoples of the area. Despite being presented with a legal demand organized by civil society which defined violations of the rights of nature and warned of the extinction of species and impact on water sources, the Corriente company won the lawsuit leaving nature and people helpless. Objective of the Tribunal: to present evidence and additional information on the case.

6. Conga-Cajamarca Mine Mining Peru

Milton Sánchez /

Mirta Vasquez

In Peru four Andean lakes in the mountains of Cajamarca are threatened by Conga Mine (Newmont

Mining Project, Peru Buenaventura and the International Finance Corporation) which is looking to start

a $4,800 million mining project. The Guardians of the lakes have promoted large demonstrations

against the destruction of their lakes. The government has responded with the criminalization of


hundreds of people, beatings and arrests. Five people have died and yet no one is held responsible.

The government opposes the request.

Objective of the Tribunal bring the case before the Tribunal.

7. Climate Change and

False Solutions Climate Change Global Pablo Solón

The effects of climate change on our planet include: increases in sea level, ocean acidification, biodiversity loss, impacts on water cycles, desertification, fires, and weather event increases, among others. Half of the animals on the planet are at risk of disappearing. The Quito Tribunal accepted the case of Climate Change and advancing of false solutions as a clear violation of the rights of nature, water, animals, and people. The case raises the need to move to a system in harmony with nature to replace the capitalist model of infinite growth and accumulation. The Tribunal in Lima will hear additional evidence regarding the impacts to Mother Earth, realities of false solutions and those responsible for these crimes against nature. Objective of the Tribunal: present evidence and advance the case towards COP21 in Paris-France.

8. Great Barrier Reef Fossil Fuels Australia Alessandro Pelizzon

The Great Barrier Reef is the world's largest coral system. It is the largest structure made by living organisms that can be seen from space. It stretches over 2,300 kilometers and has more than 3,000 individual coral systems. The reef provides life support to hundreds of species of fishes, sharks, rays, whales, dolphins and mollusks. It is designated a World Heritage site by UNESCO, an institution that in June 2011 issued a warning to the Australian government about the threat to the Great Barrier Reef due to the expansion of ports, especially for the export of coal, dredging, agricultural sediments and industrial developments near the reef. Objective of the Tribunal hear more evidence and solve the case with a sentence.

9. Bagua

Defenders of

the Earth Peru

Wendy Pineda/

Vicariato de Loreto

The Law of the Jungle in Peru, refers to the application of ten legislative decrees and laws under the

Free Trade Agreement between Peru and the United States dealing with the lives of indigenous

peoples. In May 2008 Amazonian indigenous peoples began protests against this package of decrees,

directed in favor of the transnational oil and mining corporations. These protests were confronted by

government force. Five years later, 52 indigenous leaders have lawsuits against them.

Objective of the Tribunal: present the case to the Tribunal


10. 4 River Basins -

PUINAMUDT Oil Perú Sarah Kerremans

The river basins of the Pastaza, Corrientes and Tigre Rivers in Peru have been polluted for decades due

to oil exploration in the Peruvian Amazon. Among the companies responsible are Occidental

Petroleum and Pluspetrol. During the last year, the Ministry of Environment of Peru has declared these

rivers in a "state of emergency", but very little has been done to remedy this situation. Indigenous

communities under the FECONACO and FEDIQUEP federations have mobilized through PUINAMUDT

platform to protest and demand that the damage is remedied.

Objective of the Tribunal: present the case before the Tribunal.

11. Belo Monte Dam

Infrastructure /

Hydroelectric Brazil Felicio Pontes

The Belo Monte hydroelectric plant is being built by the ELETRONORTE company in the Xingu river in

the state of Pará, Brazil. The plant has a planned capacity of 11,000 MW, making it the second largest

Brazilian hydroelectric dam, and the worlds third largest. This dam will devastate an area over 1,500

km2 of the Brazilian Amazon and cause the displacement of 40,000 people, affecting the livelihoods of

dozens of indigenous families and communities. The Xingu basin is highly biodiverse and is home to

25,000 indigenous people from 40 ethnic groups such as the Kayapó, Arara, Juruna, Araweté, Xikrin,

Asurini and Parakanã.

Objective of the Tribunal: present the case to the Tribunal.

12. REDD Forests

Global:

USA/Costa Rica Isis Alvarez

Reducing emissions from deforestation and forest degradation (REDD) is a mechanism that has been under negotiation by the United Nations Framework Convention on Climate Change (UNFCCC) since 2005. It is estimated that 20% of greenhouse gas emissions come from clearing forest. REDD+ is promoted as a vehicle to financially reward developing countries for their verified efforts to reduce emissions and enhance removals of greenhouse gases through a variety of forest management options. However, this is simply a mechanism to offset emissions from developed countries and allow industries to continue to pollute while other countries protect forests. Many communities, especially indigenous forests guardians have called REDD a false solution, indicating that it further undermines collective land rights and peoples’ rights.

Objective of the Tribunal: present the case to the Tribunal.


Roles of participants in the International Rights of Nature Tribunal in Lima

President of the Court

The President of the Tribunal shall be a person with high ethics and morals to direct the International

Rights of Nature Tribunal. The President must be a person with experience and knowledge on the Rights

of Nature.

Roles:

1) Give the opening of the Court and install the session of the Court

2) Request the prosecutor to proceed with the session

3) Listen carefully to all cases

4) Participate in the Tribunal for the two days of hearings on December 5 and 6, 2014

5) Call the Court recess

6) Lead deliberative processes with judges on cases

7) Participate in the development and review judgments of cases before presenting them to the public

8) Present the verdict and final statement

9) Close the Tribunal with a keynote address.

Judge of the Court

The judges should be people with high ethics and moral standards to direct the International Rights of

Nature Tribunal. People should be respected by civil society because of their work and devotion to duty

to society, regardless of profession. They should not necessarily be lawyers; rather a variety of judges

who represent various sectors of society.

Roles: 1) Listen carefully to all cases 2) Participate in court the two full days of hearings on 5 and 6 December 3) Participate in the process of discussion with judges on cases 4) Assume responsibility for the case assigned to him/her, listening to the evidence at the hearing; requesting, if necessary, additional information from witnesses; further investigate the case if necessary 5) Issue an informed opinion and statement on the case assigned 6) Participate in the discussion of the other cases 7) Participate in the development and make recommendations to the judgments in the cases before presenting them to the public 8) To read the assigned case verdict Prosecutor for the Earth

Roles: 1) Participate in court two days of hearing, 5 and 6 December

2) Present allegations to the Court 3) Call each case to the stand


4) Investigate the presenters, experts and victims in each case 5) Order the reasoned cases presented by the Court Secretariat of the Court Roles: 1) Receive all cases 2) Contact and confirm the participation of witnesses and experts 3) Participate in the Court the two-day hearing, 5 and 6 December 4) Facilitate the opening of the Court 5) Submit the background of the Court 6) Introduce the members of the Court 7) Keep the agenda, directions and control the timing of presentations 8) A charge of logistical issues for smooth functioning of the Court 9) Ensure the reports of the Court Case Presenter Roles: 1) Participate in court two days of hearing, 5 and 6 December, especially during the duration of the presentation of his case and reading the opinion of the same 2) Prepare the presentation of the case * see Appendix 1 3) Ensure the informed participation of at least one expert and one victim by case 4) Respect the timeframe established by the Secretariat Expert Witness Roles: 1) Participate in court two days of hearing, December 5 and 6, especially during the duration of the presentation of the assigned case and reading the opinion of the same 2) Prepare case evidence as an expert of the case 3) Coordinate with the presenters of the Case 4) Respect the timeframe established by the Secretariat Case Victim Roles: 1) Participate in court two days of hearing, December 5 and 6, especially during the duration of the presentation of the assigned case and reading the opinion of the same 2) Prepare the presentation as a victim or one affected by the Case 3) Coordinate with the presenters of the Case 4) Respect the timeframe established by the Secretariat


AGENDA

FRIDAY, DECEMBER 5th, 2014

TIME TOPIC CASE PRESENTER EXPERT VICTIM

8H30 REGISTRATION

9H00

INTRODUCTION /

WELCOME Secretariat Natalia Greene/Robin Milam

9h10

BACKGROUND OF THE

TRIBUNAL

Tribunals: Quito (3),

San Francisco, CA USA, Australia Natalia Greene

9h15

OPENING OF THE

TRIBUNAL President Economist Alberto Acosta

9h20 TRIBUNAL OBJECTIVES Prosecutor Ramiro Ávila

9h25 INDIGENOUS EXPERTS

Rights of Nature from

indigenous worldview Casey Camp y Patricia Gualinga

9h45 Case Presentation: Ecuador Natalia Greene

10h00 Case Presentation Bolivia Martin Vilela

10h20 NATURAL GAS

1) Hydraulic Fracturing (Global-

USA/Bolivia/Argentina) Shannon Biggs Kandi Mossett

Victims Bolivia (M Vilela) and

Argentina (E Viale)

11h30 RECESS

11h45 OIL 2) Yasuní-Ecuador Carlos Larrea Ivone Yanez Yasunidos

12H45 OIL 3) Chevron-Texaco - Ecuador Pablo Fajardo Julio Prieto

Representatives of the

affected communities

13h30 LUNCH RECESS

14H30 OIL

4) British Petroleum BP - Global –

Gulf of Mexico/USA Esperanza Martínez Experts USA and Mexico IEN


15h30 OIL

5) 4 River basins -PUINAMUDT -

Perú

Sara Kerremans-

Allianza Arkana Perico García

Carlos Sandi/Aurelio

Chino/Alfonso Lopez

16h30 RECESS

16h45 Mining 6) Condor Mirador-Ecuador Mario Melo Natalia Yepez To be defined

17H45

PRELIMINARY DECLARATIONS OF THE JUDGMENTS FOR

CASES OF THE DAY Judges

18H30 CLOSE THE DAY – PRESIDENT - ALBERTO ACOSTA

18h45 -

20h00 DELIBERATION OF JUDGES AND PRESIDENT OF THE COURT (CLOSED TO THE PUBLIC)

SATURDAY, DECEMBER 6th, 2014

TIME TOPIC CASE PRESENTER EXPERT VICTIM

8H30 REGISTRATION

9H00 WELCOME Secretariat Natalia Greene/Robin Milam

9H05

INSTALLATION OF THE

TRIBUNAL President Economist Alberto Acosta

9H10 OPENING STATEMENT Prosecutor for the Earth Ramiro Ávila

9H15 CLIMATE CHANGE

7) Evidence of Climate Change

and False Solutions-Global Pablo Solón

Rocío

Valdevellano / Silvia

Ribero

Cayetano Guanca /

Nnimmo Bassey

11H00 RECESS

11H15 MINING/INDUSTRY 8) Great Barrier Reef - Australia Alessandro Pelizzon Video Michelle Maloney To be defined

12H15

DEFENDERS OF

MOTHER EARTH 9) Bagua - Perú Vicariato Loreto

Dani Lopez

Shawit/Wendy Pineda

Santiago Manuin/Marco

Barreto/A.Pisango


13H15 LUNCH RECESS

14H15

HYDROELECTRIC/

INFRASTRUCTURE 10) Belo Monte Dam - Brazil Felicio Pontes To be defined To be defined

15H15 MINING

11) Mina de Conga - Cajamarca -

Perú

Milton

Sanchez/Mirta

Vasquez Marco Arana Zegarra Maxima Chaupe

16h15 FORESTS 12) REDD

Simone Lovera/Isis

Alvarez Joanna Cabello

Zuiri Mendez -Costa Rica-

Bribri

17H15 CLOSING ALLOGATIONS Ramiro Ávila

17h35

RECESS AND

TRIBUNAL DELIBERATION

18h00 JUDGE'S STATEMENTS Judges

18h30 TRIBUNAL JUDGMENTS - PRESIDENT'S– KEYNOTE MESSAGE Alberto Acosta

19H00 CLOSE THE TRIBUNAL Secretariat Natalia Greene/Robin Milam


Appendix 1 - Guidelines for case presentation

1. The case must be presented by a person having intimate knowledge of the case. 2. Present the case in a maximum of 5000 words and submit no later than MONDAY 16

NOVEMBER 2014 (or the case may not be presented in this paper). The case is to include: a. Facts of the case:

I. Geographical location and context (as may be necessary to understand the case). II. The situation before the extractive intervention or violation of rights.

III. Chronological narrative of events. b. Determining damages:

i. Damage to nature: specification and testing. ii. Damages to persons, groups or communities: specification and testing.

iii. Submit evidence of scientific knowledge, traditional perceptions, evidence or other evidence (supported whenever possible articles, expert statements, statements, videos of victims, among others) in relation to the actual or likely impact of activities raised by the case against the welfare of beings, integrity, health and functioning of Mother Earth as a whole, and the measures that could be taken to fully restore the damage or prevent further damage.

iv. Identify the premises of the Universal Declaration have been violated. c. Evidence

i. Presentation of evidence in the case by filing, experts and victims ii. Coordinate presentation with experts and victims in the case, ensuring informed

participation in Court iii. Explain the facts and the evidence supporting the conclusion of the Rights of Nature

have been violated (e.g. Law of Mother Earth and all beings to exist; Rights of water, right to be free from contamination, the right to comprehensive regeneration and restoration).

iv. To assess the extent of the activity in question in the alteration of ecological cycles and responsibility of key actors (e.g. breaching the duty to establish precautionary and restrictive measures and / or not having prohibited activities that violate the Rights of Nature).

v. Impact assessment in the future. d. Determination of Responsibility:

i. Responsible for public action and / or omission: specify whether it is the State, of agencies of governments.

ii. Responsible for private acts and / or omission: specific company names, companies or nongovernmental agencies (private police or paramilitary).

iii. Judicial accountability: specify whether the case was filed in a court, if there was impunity, whether it was possible or not execution of the judgment.

e. Determination of repair and full restoration: To determine the measures to be implemented to ensure the integrity of the repair and restoration: i. Establish legal and empirical arguments of the case and the relevant conclusions.

ii. Recommend the application of rules and laws of the defense, protection, preservation and guarantee the rights of nature now and in the future.


iii. Tell the complete restoration of the life cycles, processes and balances of Mother Earth.

iv. Restoration. v. Repair.

vi. Trade offs. vii. Rehabilitation (including psychosocial).

viii. Satisfaction measures (sanctions, not impunity). ix. Measures to avoid repetition.

f. Claim: what does the International Tribunal: i. Declares that no damages.

ii. Declares that no violation of the rights of nature and human rights of individuals, groups and peoples.

iii. Invoking rights recognized in international human rights instruments (declarations, conventions, principles) and National Instruments (Constitution).

iv. Declares that there charge of violation of the rights of nature and humans. v. Ask measures concrete repair and restoration, including warnings, reprimands,

requests for intervention, as appropriate. vi. Require to ensure that the damage caused by violations of the Rights of Nature and

Human Rights corrected and identify those responsible. vii. Demand and propose, if possible, precautions and restrictions on human activities

that lead to the extinction of species, ecosystem destruction or alteration of life cycles.

3. The case must be presented in an oral hearing, in 20 minutes, and you have to follow these guidelines and questions the prosecutor: a. Authority of person involved (who is, why is hearing the case, why is involved). b. Detailed account of the facts (which is the case presented). c. Determining damages, and testing effects (what damage and how it shows: scientific

name, testimonial or documentary audiovisual / evidence that can be displayed on screen at the public evidence).

d. Determining responsibility (who is responsible). e. Determination of the claim (which asks the Court and how it is repaired)

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