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September 26, 2008 at 23:42:11
Ecuador's Constitution Gives Rights to Nature by Cyril Mychalejko Page 1 of 2 page(s) |
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Jaguars, spectacled bears, brown-headed spider monkeys, and plate-billed mountain toucans may all just breathe a little easier next week if Ecuadorians approve a new constitution in a referendum on Sunday that would grant these threatened animals' habitats with inalienable rights. The new constitution gives nature the "right to exist, persist, maintain and regenerate its vital cycles, structure, functions and its processes in evolution" and mandates that the government take "precaution and restriction measures in all the activities that can lead to the extinction of species, the destruction of the ecosystems or the permanent alteration of the natural cycles." "I think a lot of eyes will be on Ecuador this weekend" said Mari Margil, Associate Director of the Community Environmental Legal Defense Fund. Margil and other members of the Defense Fund were invited as a result of their environmental litigation and legislative work with municipalities in the United States. They made several trips to Montecristi over the last year where they worked with members of Ecuador's constitutional assembly on drafting legally enforceable Rights of Nature, which Margil believes marks a watershed in the trajectory of environmental law. 
Dr. Mario Melo, a lawyer specializing in Environmental Law and Human Rights and an advisor to Fundación Pachamama-Ecuador, said that the new constitution redefines people's relationship with nature by asserting that nature is not just an object to be appropriated and exploited by people, but is rather a rights-bearing entity that should be treated with parity under the law.
"In this sense, the new constitution reflects the traditions of indigenous peoples living in Ecuador, who see nature as a mother and call her by a proper name, Pachamama," said Melo.
Challenging Corporate Power
Ecuador's leadership on this issue just may have a global domino effect as the Defense Fund is now fielding calls from other countries such as Nepal, which is currently writing its first constitution. This could begin to make neoliberal development models obsolete and have a tremendous impact on multinational corporations, especially those in the extractive industries, from entering new markets and conducting "business as usual".
"I expect them to fight it," said the Defense Fund's Margil. "Their bread and butter is being able to treat countries and ecosystems like cheap hotels. Multinational corporations are dependent on ravaging the planet in order to increase their bottom line."
The class-action lawsuit in Ecuador against Chevron is a testament to Margil's forecast. Tens of thousands of Ecuadorians accuse the California-based company of dumping millions of gallons of toxic waste into the Amazon (when it was formerly Texaco), and as a result causing massive environmental destruction and widespread health problems. Chevron, which could be forced to pay as much as $16 billion $16 billion, refuses to take responsibility and calls the action a "shakedown".
"The ultimate issue here is Ecuador has mistreated a U.S. company," a Chevron lobbyist who asked not to be identified told Newsweek in July. "We can't let little countries screw around with big companies like this-companies that have made big investments around the world."
Chevron is lobbying Congress to squeeze Ecuador on the issue by threatening to withhold the renewal of the Andean Trade Preference Act. Chevron took similar measures in 2006 by lobbying for the exclusion of Ecuador from Andean Free Trade Agreement negotiations as retribution for the lawsuit--something Democratic Presidential nominee Senator Barack Obama (D-Ill) and Senator Patrick Leahy (D-VT) criticized at the time in a letter to then U.S. Trade Representative Rob Portman.
Jorge Daniel Taillant, President of the Center for Human Rights and Environment (in Argentina), recently wrote that, "The crude reality of the Chevron lobbyist comment, brings home what few politicians or oil industry representatives want to admit, that our societies have been unsuccessful in properly balancing our need for oil and containing the negative impacts that this industry has on our natural and social environment."
It is this lack of success, as vindicated by the symptoms of global warming, and which are becoming all too apparent, that for Margil emphasize the urgent need to try something different, like what's being proposed in Ecuador. But even this might not be far enough.
Populist Greenwashing?
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.
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| 7 comments |
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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) on Saturday, Sep 27, 2008 at 1:05:05 AM  (0+)
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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 (13 articles, 0 quicklinks, 0 diaries, 5 comments) on Saturday, Sep 27, 2008 at 9:06:34 AM (0+)
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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, 888 comments [2 recommended, 0 rejected]) on Saturday, Sep 27, 2008 at 9:58:24 AM (0+)
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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 (13 articles, 0 quicklinks, 0 diaries, 5 comments) on Saturday, Sep 27, 2008 at 10:11:43 AM (0+)
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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 (70 articles, 82 quicklinks, 5 diaries, 721 comments [29 recommended, 0 rejected]) on Saturday, Sep 27, 2008 at 12:46:17 PM (0+)
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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 (17 articles, 1 quicklinks, 11 diaries, 101 comments [24 recommended, 0 rejected]) on Saturday, Sep 27, 2008 at 12:47:51 PM (0+)
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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 (25 articles, 117 quicklinks, 141 diaries, 246 comments [35 recommended, 0 rejected]) on Saturday, Sep 27, 2008 at 6:11:22 PM (0+)
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