Official communiqué of the Mis
September 29, 2008
The Ecuadorian Constitution is the first constitution in the world to recognize the rights of nature!
First of all, it should compliment the efforts of all who made possible the recognition of the rights of nature in the new Ecuadorian Constitution from the citizens who voted for a new constitution, the President of the Republic, former President of the National Constitutional Assembly (NCA), Alberto Acosta, all Assembly members committed and always believed it was possible for a genuine change of development model, not to mention obviously of all social movements, environmentalists, indigenous and independent individuals whose efforts supported this great recognition. This great victory for Ecuador is a momentous step that is taking the country to protect its unique and diverse ecosystems and to the defense of the planet. Nothing would have been possible without the support of all Ecuadorian citizens on Sunday, September 28 voted for if they can pass this great constitution with 64%, a proposed constitution that takes more than 70,000 people who visited Montecristi bringing their claims which were incorporated in the Constitution is historically the most social rights guarantees of its population, and in addition to their nature.
At this historic moment for Ecuador is worth doing a quick summary of how it was recognition of the rights of nature in the new Ecuadorian Constitution. The proposal to recognize nature as a subject of law is not new, many environmentalists as Goodofredo Stuntzi academics, students and others had previously raised this idea, however, the world experienced so closely the effects of climate change, and So its proposals were well received as wide as the ANC did now. However, without doing so formally, indigenous peoples, especially those living in Ecuador with whom we have a very close relationship, arise as a cultural form of life, protection of forest, water, defense and respect for nature as a person and not as a resource, something to be exploited and destroyed as it has made Western society with nature. Therefore, considering that this new Constitution posed a profound change for the country, a change of development model and not based on the indiscriminate exploitation of natural resources but in a harmonious relationship with nature, a development based on the good life improvements based on qualitative rather than quantitative, the idea of \u200b\u200bgranting rights to nature fit nicely between the proposals. In addition, Ecuador is one of the most biodiverse countries in the world, its unique ecosystems and their fells, Amazonia, marine ecosystems, the Galapagos Islands, among others, make Ecuador a key country to begin a serious process of protecting the environment, taking also into account that we as a country highly vulnerable to climate change. Nature in Ecuador has suffered greatly from environmental degradation resulting from the exploitation of natural resources, especially oil, that is why as a country we stand for leading the largest environmental lawsuit against a large corporation, the Texaco case. It is for these reasons and the will to democratize the Constitution including the indigenous worldview values \u200b\u200bthan initially thought in the recognition of the rights of nature.
Alberto Acosta, former president of the National Constituent Assembly had raised this proposal since the beginning of the constitutional process in December 2007 with an article written by him showing the need for this recognition. Pachamama Foundation, through Bill Twist, Pachamama Alliance chairman contacted USA Thomas Linzey, a member of The Community Environmental Legal Defense Fund (CELDF) "who had initiated a legal process of recognition of the rights of nature Local ordinances in some communities in the United States. CELDF struggle is based on the work of Cormac Cullinan South African who through his book "Wild Law" was able to recognize the rights of marine ecosystems in the South African Constitution. Pachamama Foundation contacted and invited Thomas Linzey and Mari Margil Thomas, associate director of CELDF to come to Ecuador to visit the ANC in Montecristi and tell their story. In late February 2008, two lawyers arrived in the country for four days, and visited the Assembly in Montecristi through the management and monitoring of team academics Mis with the UASB and Carlos Larrea. Was organized on 26 February breakfast for all assembly where Thomas and Mary shares her experience with Assembly and presented through the Foundation team Pachamama arguments defending the proposal of the rights of nature. On this occasion, moreover, visited some of the tables involved in this issue as the right table, the table of natural resources, development and sovereignty, as well as formal talks with Alberto Acosta and Aminta Buenaño. After this series of meetings was organized a call for environmental lawyers in Quito to discuss the proposed text to the ANC for the recognition of the rights of nature.
First, recognition of nature as a subject of rights was not easy. There are many interests including corporate and legal doctrines that do not accept this great development of the law. It took much lobbying, negotiation, investigation, conviction, data reporting and political support mobilized sectors of civil society, reflected in the assembly more committed to introduce the subject to achieve as a key issue in the debate in the ANC. At first drafts were made to the text of the rights of nature in the table 5, then took the text to the rights table 1, and both tables are up a controversial debate on this issue. Finally came the matter to the full Assembly Constituent and April 10 was approved with 91 of the 130 votes in Article 10 which recognizes the nature and subject of rights. This issue came up several times in the debate in plenary.
On July 7 discussed all items that build recognition of the rights of nature and their livelihoods. Article 71 was adopted with 93 votes in favor, 18 against, 0 abstentions white and 3 which states that Nature has the right to respect fully their existence and the maintenance and regeneration of its vital cycles, structure, functions and evolutionary processes. Moreover, any individual, community, village or nationality may require the public authority compliance with the laws of nature. A second part of this article stipulates that the State will encourage the natural and legal persons and groups, to protect nature and promote respect for all the elements that form an ecosystem was adopted with 96 votes in favor, 7 against, 0 whites and 11 abstentions.
Article 72 was approved with 91 votes in favor, 13 against, 1 white and 9 abstentions and refers to Nature, is entitled to the restoration and the restoration is independent of the obligation of the State and people or companies to compensate individuals and groups that depend on systems affected natural. In cases of severe or permanent environmental impact, including those caused by the exploitation of nonrenewable natural resources, the State will establish the most effective mechanisms to achieve the restoration, and take appropriate measures to eliminate or mitigate the adverse environmental consequences.
Article 73 was adopted with 90 votes in favor, 15 against, 2 white and 6 abstentions, said that said the State will apply precaution and restriction measures for activities that may lead to the extinction of species, destruction of ecosystems or permanent alteration of natural cycles. He further claims that prohibits introduction of organisms and organic and inorganic material that can alter in a definitive way the national genetic heritage. Finally
Article 74 which states that individuals, communities, peoples and nations have the right to benefit from the environment and natural resources that allow them to live well. He further says that environmental services are not subject to appropriation, production, delivery, use and development will be regulated by the state adopted the same day voting in favor, 19 against, 1 white and 4 abstentions. Therefore
clear the hard work that made the ANC led by Alberto Acosta and his support team together with assembly and Norman Wray, Aminta Buenaño, Sofia Espin, Maria Soledad Vela, Pilar Nuñez, Cesar Grefa, Manuel Mendoza, Rafael Estevez, Fernando Vega and other assembly members who strongly defended the subject and became directly involved with the production of texts and thanks to them that Ecuador has taken this important step to protect the environment.
During the period of the ANC, Fundación Pachamama accompanied the process, discussions and debates, documented this process, socialized the topic in the press and audiovisual materials produced for the rights of nature. Also conducted a campaign socialization of the rights of nature in traditional media, television, radio and print media and alternative media, theater, puppetry, film to promote the issue of the rights of nature and to inform the citizens of this new right recognized. It
recognize the value of the work of the following individuals whose contribution was essential: María Belén Páez, Mario Melo, Natalia Greene, Siegmund Thies, Gloria Tobar, Bill and Lynne Twist and the rest of Pachamama Foundation team, Carlos Larrea, Esperanza Martínez, Ana Isabel Larrea, Manolo Morales, Freddy Ehlers, Marlon Santi, Bartolo Ushigua, Marta Echavarria and environmental organizations and indigenous who supported this recognition. Thanks also to MARUJITA, Deportivo Quito, Eduardo Galeano, a British royals Zoe Tryon, Leo Mass, the English press, Danish, Dutch, members of the APE for his help to believe and spread this initiative.
These articles that are already part of the New Constitution of Ecuador, citizens can demand the guarantee of these rights and to represent nature directly, so their rights are not violated. It is our duty to report and distribute this information to as many people as possible. We have created a website compiling all the information on the rights of nature, history, documents, processes, videos, audios, interviews, and news and publications worldwide who recognize the value of the progressive recognition of Ecuador to become the first country in the world to recognize the rights of nature in its Constitution.
http://www.pachamama.org.ec/
http://derechosnaturaleza.blogspot.com/
At this historic moment for Ecuador is worth doing a quick summary of how it was recognition of the rights of nature in the new Ecuadorian Constitution. The proposal to recognize nature as a subject of law is not new, many environmentalists as Goodofredo Stuntzi academics, students and others had previously raised this idea, however, the world experienced so closely the effects of climate change, and So its proposals were well received as wide as the ANC did now. However, without doing so formally, indigenous peoples, especially those living in Ecuador with whom we have a very close relationship, arise as a cultural form of life, protection of forest, water, defense and respect for nature as a person and not as a resource, something to be exploited and destroyed as it has made Western society with nature. Therefore, considering that this new Constitution posed a profound change for the country, a change of development model and not based on the indiscriminate exploitation of natural resources but in a harmonious relationship with nature, a development based on the good life improvements based on qualitative rather than quantitative, the idea of \u200b\u200bgranting rights to nature fit nicely between the proposals. In addition, Ecuador is one of the most biodiverse countries in the world, its unique ecosystems and their fells, Amazonia, marine ecosystems, the Galapagos Islands, among others, make Ecuador a key country to begin a serious process of protecting the environment, taking also into account that we as a country highly vulnerable to climate change. Nature in Ecuador has suffered greatly from environmental degradation resulting from the exploitation of natural resources, especially oil, that is why as a country we stand for leading the largest environmental lawsuit against a large corporation, the Texaco case. It is for these reasons and the will to democratize the Constitution including the indigenous worldview values \u200b\u200bthan initially thought in the recognition of the rights of nature.
Alberto Acosta, former president of the National Constituent Assembly had raised this proposal since the beginning of the constitutional process in December 2007 with an article written by him showing the need for this recognition. Pachamama Foundation, through Bill Twist, Pachamama Alliance chairman contacted USA Thomas Linzey, a member of The Community Environmental Legal Defense Fund (CELDF) "who had initiated a legal process of recognition of the rights of nature Local ordinances in some communities in the United States. CELDF struggle is based on the work of Cormac Cullinan South African who through his book "Wild Law" was able to recognize the rights of marine ecosystems in the South African Constitution. Pachamama Foundation contacted and invited Thomas Linzey and Mari Margil Thomas, associate director of CELDF to come to Ecuador to visit the ANC in Montecristi and tell their story. In late February 2008, two lawyers arrived in the country for four days, and visited the Assembly in Montecristi through the management and monitoring of team academics Mis with the UASB and Carlos Larrea. Was organized on 26 February breakfast for all assembly where Thomas and Mary shares her experience with Assembly and presented through the Foundation team Pachamama arguments defending the proposal of the rights of nature. On this occasion, moreover, visited some of the tables involved in this issue as the right table, the table of natural resources, development and sovereignty, as well as formal talks with Alberto Acosta and Aminta Buenaño. After this series of meetings was organized a call for environmental lawyers in Quito to discuss the proposed text to the ANC for the recognition of the rights of nature.
First, recognition of nature as a subject of rights was not easy. There are many interests including corporate and legal doctrines that do not accept this great development of the law. It took much lobbying, negotiation, investigation, conviction, data reporting and political support mobilized sectors of civil society, reflected in the assembly more committed to introduce the subject to achieve as a key issue in the debate in the ANC. At first drafts were made to the text of the rights of nature in the table 5, then took the text to the rights table 1, and both tables are up a controversial debate on this issue. Finally came the matter to the full Assembly Constituent and April 10 was approved with 91 of the 130 votes in Article 10 which recognizes the nature and subject of rights. This issue came up several times in the debate in plenary.
On July 7 discussed all items that build recognition of the rights of nature and their livelihoods. Article 71 was adopted with 93 votes in favor, 18 against, 0 abstentions white and 3 which states that Nature has the right to respect fully their existence and the maintenance and regeneration of its vital cycles, structure, functions and evolutionary processes. Moreover, any individual, community, village or nationality may require the public authority compliance with the laws of nature. A second part of this article stipulates that the State will encourage the natural and legal persons and groups, to protect nature and promote respect for all the elements that form an ecosystem was adopted with 96 votes in favor, 7 against, 0 whites and 11 abstentions.
Article 72 was approved with 91 votes in favor, 13 against, 1 white and 9 abstentions and refers to Nature, is entitled to the restoration and the restoration is independent of the obligation of the State and people or companies to compensate individuals and groups that depend on systems affected natural. In cases of severe or permanent environmental impact, including those caused by the exploitation of nonrenewable natural resources, the State will establish the most effective mechanisms to achieve the restoration, and take appropriate measures to eliminate or mitigate the adverse environmental consequences.
Article 73 was adopted with 90 votes in favor, 15 against, 2 white and 6 abstentions, said that said the State will apply precaution and restriction measures for activities that may lead to the extinction of species, destruction of ecosystems or permanent alteration of natural cycles. He further claims that prohibits introduction of organisms and organic and inorganic material that can alter in a definitive way the national genetic heritage. Finally
Article 74 which states that individuals, communities, peoples and nations have the right to benefit from the environment and natural resources that allow them to live well. He further says that environmental services are not subject to appropriation, production, delivery, use and development will be regulated by the state adopted the same day voting in favor, 19 against, 1 white and 4 abstentions. Therefore
clear the hard work that made the ANC led by Alberto Acosta and his support team together with assembly and Norman Wray, Aminta Buenaño, Sofia Espin, Maria Soledad Vela, Pilar Nuñez, Cesar Grefa, Manuel Mendoza, Rafael Estevez, Fernando Vega and other assembly members who strongly defended the subject and became directly involved with the production of texts and thanks to them that Ecuador has taken this important step to protect the environment.
During the period of the ANC, Fundación Pachamama accompanied the process, discussions and debates, documented this process, socialized the topic in the press and audiovisual materials produced for the rights of nature. Also conducted a campaign socialization of the rights of nature in traditional media, television, radio and print media and alternative media, theater, puppetry, film to promote the issue of the rights of nature and to inform the citizens of this new right recognized. It
recognize the value of the work of the following individuals whose contribution was essential: María Belén Páez, Mario Melo, Natalia Greene, Siegmund Thies, Gloria Tobar, Bill and Lynne Twist and the rest of Pachamama Foundation team, Carlos Larrea, Esperanza Martínez, Ana Isabel Larrea, Manolo Morales, Freddy Ehlers, Marlon Santi, Bartolo Ushigua, Marta Echavarria and environmental organizations and indigenous who supported this recognition. Thanks also to MARUJITA, Deportivo Quito, Eduardo Galeano, a British royals Zoe Tryon, Leo Mass, the English press, Danish, Dutch, members of the APE for his help to believe and spread this initiative.
These articles that are already part of the New Constitution of Ecuador, citizens can demand the guarantee of these rights and to represent nature directly, so their rights are not violated. It is our duty to report and distribute this information to as many people as possible. We have created a website compiling all the information on the rights of nature, history, documents, processes, videos, audios, interviews, and news and publications worldwide who recognize the value of the progressive recognition of Ecuador to become the first country in the world to recognize the rights of nature in its Constitution.
http://www.pachamama.org.ec/
http://derechosnaturaleza.blogspot.com/
