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September 26, 2008 at 23:42:11

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Ecuador's Constitution Gives Rights to Nature

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By Cyril Mychalejko (about the author)     Page 2 of 2 page(s)

opednews.com     Permalink

For all of the hope and tangible progress the Rights of Nature articles in Ecuador's proposed constitution represent, there are shortcomings and contradictions with the laws and the political reality on the ground.

Carlos Zorrilla, executive director of Defensa y Conservación Ecológica de Intag, who has been a tireless defender of Pachamama against transnational mining companies such as Canada's Ascendant Copper (which recently changed its name to Copper Mesa Mining Corp.), takes a more skeptical approach to the proposed laws.

"It sounds great," said Zorilla, "but in practice governments like [President] Correa's will argue that funding his political project, which will bring 'well being and relieve poverty', overules the rights of nature because the best technology will be used and mining and other extractive industries will be, of course, sustainable."

The articles place the responsibility of carrying out these laws largely to the government, though it does give citizens and communities legal recourse if its determined that the government is failing in its responsibilities.

"It comes down to the government doing what is the will of the people," said an optimistic Margil.

But Zorrilla, along with many other critics from social movements, point to Correa's refusal to include in the constitution a clause mandating free, prior and informed consent by communities for any development project that would of affect their local ecosystems, as well as the Correa Administration's embrace of an extractive economic model of development, although one with greater State control.

"They aren’t issues you can reconcile," said environmental lawyer Melo. "On various occasions, President Correa has stated his will to amplify border-region projects for the extraction of natural resources, especially petroleum and metals, and this can only be done in Ecuador at the cost of natural resources important for their biodiversity, since they are the source of rivers and the homes of local communities. The Constitution Project, on the contrary, promotes a development model oriented towards ‘good living’ ('buen vivir'), which means living in harmony with nature and strengthening environmental rights for this end. This contradiction, between Correa’s statements and ‘buen vivir’, will probably provoke an intensification of socio-environmental conflicts in the coming years."

Despite any shortcomings, the eyes of the world should stay on Ecuador beyond this weekend's vote when the constitution will most likely pass. If history is any indicator, Ecuadorians will fight for the Rights of Nature, with or without President Correa.

Cyril Mychalejko is an editor at www.UpsideDownWorld.org.

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Cyril Mychalejko is an editor at www.UpsideDownWorld.org, an online magazine covering politics and activism in Latin America.

The views expressed in this article are the sole responsibility of the author
and do not necessarily reflect those of this website or its editors.

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7 comments

Hope for the earth!

Thank you for posting this, Cyril.

It is rare these days that I see any news that contains even a fragment of hope.

Funny how people are talking about the proposals running into conflict with reality. The reality is that we only have one planet (and parts of this one are still uninhabitable, so the chances of finding another one at a price we could afford are pipe dreams), and if we don't protect the earth from which we get our sustenance, we will not survive.

The capitalist stuff about exploiting resources to provide jobs is bunk. Money doesn't grow on trees but food does. Protect the trees and people have food without having to work for capitalists. That's why capitalists want to destroy all the trees, so that they can force everyone into slavery.

Please keep us updated on what happens.

Imagine a Constitution that protects the land base!

It should also, of course, protect the indigenous.

But this could be a start.

We hold these truths to be self-evident. That the planet on which we live and it's air, water, land, plants, and animals from which we draw our nourishment, have more right to exist than we do, because we cannot live without them, but they would be much better off without us.

 

by Mark E. Smith (21 articles, 30 quicklinks, 100 diaries, 1325 comments [1 recommended, 0 rejected]) on Saturday, Sep 27, 2008 at 1:05:05 AM

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Reply: Thanks...

Mark,

   Thanks for reading my article and taking the time to comment on it. It really is a very exciting time in Ecaudor right now, and Latin America as a whole, as we continue to see many progressive changes being pushed through by social movements. 

 Also, I like your observation that money doesn't grow on trees, but food does. Unfortunately, capitalism has commodified trees, food, the water that allows both to grow--nature in general.

I'll be sure to follow-up on this. And to learn about other environmental struggles and victories in Latin America check out Upside Down World.

 

by Cyril Mychalejko (16 articles, 0 quicklinks, 0 diaries, 5 comments) on Saturday, Sep 27, 2008 at 9:06:34 AM

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Constitution

How does the constitution compare to Venezuela's constitution? Does it include strong protection for human and civil rights and people's political rights?

by Ty (0 articles, 0 quicklinks, 0 diaries, 938 comments [7 recommended, 0 rejected]) on Saturday, Sep 27, 2008 at 9:58:24 AM

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Reply: Re: Constitution

Ty,

  Yes it does, though social movements in the country have been critical of the constitution, despite their support: click here I mentioned in the article, one example of a shortcoming is that the constitution failed to include a clause that mandates free, prior, and informed consent--which is not only a human rigths issue, but also an environmental one.

But by and large I think the constitution moves the country in a good direction. What we'll have to wait and see is whether the government has the political will and institutional capacity to ensure that the rights granted in the document are enforced.

 

by Cyril Mychalejko (16 articles, 0 quicklinks, 0 diaries, 5 comments) on Saturday, Sep 27, 2008 at 10:11:43 AM

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Refreshing

to hear that there is intelligent life on the planet. Thanks for posting, this is inspiring!

by Meryl Ann Butler (89 articles, 107 quicklinks, 5 diaries, 811 comments [45 recommended, 0 rejected]) on Saturday, Sep 27, 2008 at 12:46:17 PM

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Where There's Gold (oil) There's Greed

The only problems I see here are the corporate giants that want what they want and will go to the extremes to get it. Chevron will not back down and will force this government's cronies to intimidate Ecuador into conceding defeat. This country has shown that they will take what they want from those not able to fight back. However, I believe and hope that the people of Ecuador will fight to the death to protect what's theirs and give these Earth raping crooks a run for their money.

For what it's worth, I applaud Ecuador's endeavors to protect their little part of the world. It's about time and the shame of it all is that it wasn't done first by our country, supposedly the most powerful country on Earth. But, then again...Power corrupts, absolute power corrupts absolutely.

by Ginger McClemons (19 articles, 7 quicklinks, 13 diaries, 135 comments [34 recommended, 0 rejected]) on Saturday, Sep 27, 2008 at 12:47:51 PM

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exciting time

I enjoyed this too.   It is such an exciting time for the left in Latin America....  We in the US have so much to learn!

by Hans Bennett (31 articles, 118 quicklinks, 167 diaries, 260 comments [40 recommended, 0 rejected]) on Saturday, Sep 27, 2008 at 6:11:22 PM

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