It's getting fashionable, good. IIRC Latin America was the first. - K

Kenya Enshrines the Environment in Its Constitution -- This Should Be 
Our Future
There's a misconception that all significant environmental progress 
begins in wealthy nations.
January 3, 2011
by Jay Walljasper
<http://www.alternet.org/story/149401/vision%3A_kenya_enshrines_the_environment_in_its_constitution_--_this_should_be_our_future>

--0--

http://www.commondreams.org/headline/2011/04/13-2

Published on Wednesday, April 13, 2011 by Vancouver Sun

UN Document Would Give 'Mother Earth' Same Rights as Humans

UNITED NATIONS - Bolivia will this month table a draft United Nations 
treaty giving "Mother Earth" the same rights as humans - having just 
passed a domestic law that does the same for bugs, trees and all 
other natural things in the South American country.

The bid aims to have the UN recognize the Earth as a living entity 
that humans have sought to "dominate and exploit" - to the point that 
the "well-being and existence of many beings" is now threatened.

The wording may yet evolve, but the general structure is meant to 
mirror Bolivia's Law of the Rights of Mother Earth, which Bolivian 
President Evo Morales enacted in January.

That document speaks of the country's natural resources as 
"blessings," and grants the Earth a series of specific rights that 
include rights to life, water and clean air; the right to repair 
livelihoods affected by human activities; and the right to be free 
from pollution.

It also establishes a Ministry of Mother Earth, and provides the 
planet with an ombudsman whose job is to hear nature's complaints as 
voiced by activist and other groups, including the state.

"If you want to have balance, and you think that the only (entities) 
who have rights are humans or companies, then how can you reach 
balance?" Pablo Salon, Bolivia's ambassador to the UN, told Postmedia 
News. "But if you recognize that nature too has rights, and (if you 
provide) legal forms to protect and preserve those rights, then you 
can achieve balance."

The application of the law appears destined to pose new challenges 
for companies operating in the country, which is rich in natural 
resources, including natural gas and lithium, but remains one of the 
poorest in Latin America.

But while Salon said his country just seeks to achieve "harmony" with 
nature, he signalled that mining and other companies may come under 
greater scrutiny.

"We're not saying, for example, you cannot eat meat because you know 
you are going to go against the rights of a cow," he said. "But when 
human activity develops at a certain scale that you (cause to) 
disappear a species, then you are really altering the vital cycles of 
nature or of Mother Earth. Of course, you need a mine to extract iron 
or zinc, but there are limits."

Bolivia is a country with a large indigenous population, whose 
traditional belief systems took on greater resonance following the 
election of Morales, Latin America's first indigenous president.

In a 2008 pamphlet his entourage distributed at the UN as he attended 
a summit there, 10 "commandments" are set out as Bolivia's plan to 
"save the planet" - beginning with the need "to end capitalism."

Reflecting indigenous traditional beliefs, the proposed global treaty 
says humans have caused "severe destruction . . . that is offensive 
to the many faiths, wisdom traditions and indigenous cultures for 
whom Mother Earth is sacred."

It also says that "Mother Earth has the right to exist, to persist 
and to continue the vital cycles, structures, functions and processes 
that sustain all human beings."

In indigenous Andean culture, the Earth deity known as Pachamama is 
the centre of all life, and humans are considered equal to all other 
entities.

The UN debate begins two days before the UN's recognition April 22 of 
the second International Mother Earth Day - another Morales-led 
initiative.

Canadian activist Maude Barlow is among global environmentalists 
backing the drive with a book the group will launch in New York 
during the UN debate: Nature Has Rights.

"It's going to have huge resonance around the world," Barlow said of 
the campaign. "It's going to start first with these southern 
countries trying to protect their land and their people from 
exploitation, but I think it will be grabbed onto by communities in 
our countries, for example, fighting the tarsands in Alberta."

Ecuador, which also has a large indigenous population, has enshrined 
similar aims in its Constitution - but the Bolivian law is said to be 
"stronger."

Ecuador is among countries that have already been supportive of the 
Bolivian initiative, along with Nicaragua, Venezuela, Saint Vincent 
and the Grenadines, and Antigua and Barbuda.

© 2011 Postmedia News


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