Rights of Pacha Mama: The emergence of an Earth jurisprudence...
22
1 Rights of Pacha Mama: The emergence of an Earth jurisprudence in the Americas David Humphreys (The Open University, UK) Forests & Livelihoods: Assessment, Research, and Engagement (FLARE ) conference , Paris, 27 – 30 November 2015
Transcript of Rights of Pacha Mama: The emergence of an Earth jurisprudence...
-
1
Rights of Pacha Mama: The emergence of an Earth jurisprudence in the Americas
David Humphreys (The Open University, UK)
Forests & Livelihoods: Assessment, Research, and Engagement (FLARE) conference, Paris, 27 – 30 November 2015
-
2
-
3
-
4
-
5
-
6
-
7
-
8
-
9
-
10
Ecuador, 2008
First constitution to include rights of nature
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. All persons, communities, peoples and nations can call upon public authorities to enforce the rights of nature.
Article 71
-
11
-
12
-
13
-
Why Ecuador and Bolivia
Tradition of resistance
Social movements/ethnopopulism
Charismatic political leaders
Anti-neoliberalism
Transnational movements
14
-
15
-
16
Bolivia
2010 (7)
Universal
Declaration
2010 (10)
The right to life and to exist √ √
The right not to have cellular structure modified or genetically
altered
√ √
The right to pure water √ √
The right to clear air √ √
The right to balance √
The right to continue vital cycles and processes free from
human alteration
√ √
The right not to be polluted √
The right to be respected √
The right to maintain its identity and integrity as a distinct,
self-regulating and interrelated being
√
The right to integral health √
The right to be free from contamination, pollution and toxic or
radioactive waste
√
The right to full and prompt restoration for the violation of the
rights recognised in this Declaration
√
-
Barriers to implementing the rights of nature
1. Legal profession
2. Property rights
3. Competing political demands
InterAmerican Court of Human Rights
4. Sovereignty ICSID withdrawal
ITT-Yasuní scheme17
-
18
Rights for the Earth at the United Nations
UN interactive dialogues on harmony
with nature
UN General Assembly
resolutions
2012: Rio +20
2014: United Nations
Environment Assembly
-
19
A new notion of environmental justice
Rights of nature
Pacha mama (Mother Earth)
Buen vivir
Collective notion of property rights
Reaction against capitalism/neoliberalism
-
20
A new notion of environmental justice
Rights of nature
Pacha mama (Mother Earth)
Buen vivir
Collective notion of property rights
Reaction against capitalism/neoliberalism
But
Only two countries have recognised rights of nature
Tentative toehold in the UN system
-
21
-
22
Thank you
