PRESS RELEASE - Panama's Supreme Court Upholds Rights of Nature, Declares Country's Largest Copper Mine Unconstitutional

PANAMA’S SUPREME COURT UPHOLDS RIGHTS OF NATURE,  DECLARES COUNTRY’S LARGEST COPPER MINE UNCONSTITUTIONAL

FOR IMMEDIATE RELEASE: November 29, 2023

Contacts:

• Juan Diego Vásquez Gutiérrez, Congressman - Panamanian Parliament (jvasquez@asamblea.gob.pa, +507 6980-6821)

• Callie Annette Veelenturf, The Leatherback Project (callie@leatherbackproject.org, +1 (508) 315-9464)

• Constanza Prieto Figleist, Earth Law Center (cfigelist@earthlaw.org, +1 (202) 621-3877) 

• Rachel Bustamante, Earth Law Center (rbustamante@earthlaw.org, +1 (240) 490-0219)

Panama City, Panama: On November 28, 2023, Panama’s Supreme Court unanimously ruled the Cobré Panamá copper mine unconstitutional, following weeks of nationwide protests. According to President Laurentino Cortizo, a process to close the mine will soon commence. The Court’s decision references the national Rights of Nature law, Law 287, passed in February 2022, among its rationale for ruling against the mine. The ruling represents a landmark victory for the burgeoning Rights of Nature movement, which seeks to recognize that Nature has basic rights under the law, just as humans do. 

In a clear application of Panama’s Rights of Nature law, the court took an ecocentric perspective, reaffirming that Nature is a subject of rights, including ensuring Nature is protected, restored, and can regenerate its life cycles. In accordance with these rights, the court affirmed that the government of Panama is required to develop “necessary public policies to ensure ‘the highest interest of Nature,’ now for its intrinsic value, and regardless of the utilitarian value it has for human beings.” The court then determined that the mining contract did not meet these standards because it failed to include strict measures to prevent environmental damage.

Congressman Juan Diego Vásquez Gutiérrez, an independent politician who is the youngest Panamanian Congressperson, introduced the national Rights of Nature law to Panama's National Assembly. He said:

“I am very happy to have been part of a fundamental legal instrument to end the metal mining industry in the country. This is one of many tangible effects that we must repeat in defense of the environment thanks to legislation like this.“

The public outcry began in October following the government’s renegotiated contract with a Canadian mining company, First Quantam Minerals, that would have extended mining operations for the next 20 years in the biodiverse Colón Province near the Caribbean coast. Opponents claimed expanded exploration would further degrade coastal rainforests that supply freshwater to the region, harming the Indigenous population and endangered species including the Geminis’ poison dart frog (Andinobates geminisae) and several bird species. 

When asked the significance of this ruling to the Rights of Nature movement, Callie Veelenturf, marine conservation biologist, National Geographic Explorer, and Founder of The Leatherback Project, who originally proposed the concept of a new Rights of Nature law in Panama to Congressman Juan Diego Vásquez, stated:

“The Supreme Court’s reference to Panama’s Rights of Nature law carries significant weight and exemplifies for the world a tangible example of how Rights of Nature laws, inspired and informed by science, can be used to protect Nature. I am exuding with hope for the future of nature conservation in Panama, including the implementation of Panama’s new sea turtle conservation Law 371, which also includes the recognition of the intrinsic rights of sea turtles. I greatly admire the indomitable people of Panama for defending Nature with such determination and persistence.” 

This win for Rights of Nature implementation comes after a similar blocking of a copper mine earlier this year in Ecuador, where a provincial court ruled a mining project violated the constitutional Rights of Nature in the Intag Valley of the Tropical Andes. Additionally, in 2022, the Convention on Biological Diversity became the first international agreement to include the Rights of Nature, producing the Kunming-Montreal Global Biodiversity Framework as one approach to meeting the 23 action targets for biodiversity protection over the next decade. Panama’s recent ruling aligns with the biodiversity treaty’s objectives to reduce the loss of biodiverse areas (Target 1) and human induced extinction to threatened species (Target 4). 

Constanza Prieto Figelist, Latin America Legal Director at Earth Law Center, which provided input and expertise on the Rights of Nature during the legislative drafting process, commented:

“This case demonstrates that under a Rights of Nature framework, governments must give stronger consideration to the health and intrinsic value of Nature when overseeing mining and other activities, elevating the interests of species and ecosystems to a higher status alongside human interests. The case also demonstrates that the Rights of Nature is an effective tool to protect the environment where traditional laws might fall short. We hope this will inspire other governments to give Nature a formal voice and rights in the legal system, as Panama did.” 

Panama has become a world leader in the larger movement to recognize the Rights of Nature and was the third country to recognize the Rights of Nature on a national level. Globally, Rights of Nature is now recognized at some level of government in about 30 countries. For example, in 2008, Ecuador became the first country in the world to constitutionally recognize the Rights of Nature. Just this year, the rights of the Ocean or “Ocean Rights” was presented to the United Nations General Assembly,  Spain recognized the Mar Menor saltwater lagoon as a legal entity with legal rights, and seven municipal and county governments in Washington State (USA) recognized the rights of the Southern Resident Orcas, an endangered species, in an important step toward protecting them and their habitat, the Salish Sea. Panama is expected to continue implementing the Rights of Nature in its legal system in the coming years. 

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The Leatherback Project (https://www.leatherbackproject.org) is a 501(c)(3) nonprofit organization dedicated to the conservation of the massive leatherback sea turtle throughout its global range through research, education and advocacy initiatives aimed at mitigating fisheries bycatch, reducing plastic pollution and combating climate change. While studying sea turtles in Panama, Founder and Executive Director of The Leatherback Project, Callie Veelenturf, originally brought the concept of Rights of Nature to Juan Diego Vasquez as a proposal for a new law. 

Earth Law Center (www.earthlawcenter.org) is a 501(c)(3) non-profit organization working to advance laws and policies that restore nature to health. They advocate for a transformation in our legal, governance, and economic systems, and the relationships, values, and ethics that create their foundation. Earth Law Center is a member of the United Nations’ Economic and Social Council (ECOSOC) and the International Union for the Conservation of Nature, an expert and partner of the UN Harmony with Nature Initiative, and a member of the High Seas Alliance. 

House of Representatives of Rhode Island supports recognizing the rights of natural communities and ecosystems in the Ocean State

FOR IMMEDIATE RELEASE: May 16th, 2023

Contacts: Michelle Bender (mbender@earthlaw.org, +1 509 218 9338)

Johan Strid (Johan.strid@theoceanrace.com, + 46 708 85 36 46)

Providence, RI (May 16th, 2023)— Last week, on May 9th, the House of Representatives of Rhode Island approved a resolution welcoming The Ocean Race, recognizing the rights of their communities to live in a healthy and clean environment, and recognizing the rights of natural communities and ecosystems within Rhode Island to exist, flourish, evolve, regenerate, recover, and be restored in the state of Rhode Island.

“Once again, Newport is thrilled to welcome the Ocean Race to our City by the Sea. Additionally, the wellbeing of Rhode Islanders is inextricably linked with the health and integrity of the Ocean, including the physical systems, ecosystems, and species. Rhode Islanders recognize that our natural environment is one of our most valuable cultural and economic assets not just locally, but nationally and globally; bringing more than 12 million annual visitors, our blue economy alone generates approximately $5 billion and 36,500 jobs,” said Newport Representative Lauren Carson. Carson and Representative Terri Cortvriend, (Portsmouth and Middletown) introduced the House resolution.

“Rhode Island once again has the honor of hosting the 2023 Ocean Race which is on a six-month journey to circumnavigate the globe, making stops in only eight cities worldwide and a fly by at one additional city, and we were chosen for the start of Leg 5 of the race,” said Representative Terri Cortvriend. “This event also reminds us once again that Rhode Island must regularly evaluate whether its plans, laws, and programs are sufficient to meet the growing environmental crisis, including climate change and biodiversity loss, and we must explore all means of addressing them.”

With over 400 miles of coastline, Rhode Island is known as ‘the Ocean State.’ The resolution recognizes the importance of Rhode Island's blue economy and the steps the State must take to protect its biodiversity. In the last fifty years, national and state governments have made efforts to address the crisis by adopting specific environmental protection laws, such as the Clean Water Act, Clean Air Act, and the National Environmental Policy Act. While these laws set limits on pollution and consumption, there remains a pressing need to ensure the long-term protection of our right to clean air, water, and soil, sustainable food systems, and the rights of natural ecosystems.

“The support by Representatives Carson and Cortvriend is honestly a dream come true. The Rights of Nature movement actually began in the United States in 2006 and has really exploded at the local level, with dozens of resolutions and ordinances now being enforced,” says Michelle Bender, Ocean Campaigns Director at the Earth Law Center. “We hope this is just the first step for not only Rhode Island, but other States and the U.S. as a whole to protect and restore ocean health. We have one Ocean, regardless of the imaginary boundaries that are drawn between states or countries, she ebbs and flows beyond them and is therefore the shared responsibility and common heritage of all humankind. This is why it is necessary to gain support by governments worldwide to recognize the Ocean’s unique rights and characteristics and break down the jurisdictional hurdles with a shared vision and ethical foundation for how we value and interact with the Ocean.”

“The Ocean Race is a race for the ocean. Together with teams, sponsors and policy makers all over the world, we race to safeguard the ocean. As sports people, we like fair rules and fair play, but there is no fair play with the ocean, as our sailors witness as they sail across the planet in The Ocean Race. So we need fair rules and sharper governance to allow the ocean to thrive. Together with policy makers all around the world we work for a universal recognition of the inherent rights of nature, and of the ocean. The decision made at the State House here in Rhode Island today is one significant step on this route.” Richard Brisius, Chairman The Ocean Race

The first Newport stopover in The Ocean Race was hosted by Sail Newport during the 2014–15 edition and the fleet returned again for the 2017–18 race, making the 2022–23 Newport stop the city’s third consecutive participation in the around-the-world race. The Ocean Race event had a wide-ranging economic and tourism impact on the community. The 2015 stopover generated an estimated $47.7 million to the Ocean State’s economy. Both previous visits of The Ocean Race to Sail Newport drew large visitor numbers, with over 137,000 people in the race village at Fort Adams in 2015 and over 100,000 in 2018.

The Rights of Nature movement continues to grow in the Pacific Northwest

The Rights of Nature movement continues to grow in the Pacific Northwest. The City of Des Moines joins four cities and two counties proclaiming support for legal recognition of the rights of the Southern Resident Orcas

FOR IMMEDIATE RELEASE: March 9, 2023 

Contacts: Michelle Bender (mbender@earthlaw.org, 509 218 9338) 

    Kriss Kevorkian (kriss@legalrightsforthesalishsea.org, 310 508 5544)

Des Moines, WA (March 9, 2023)— The Mayor and City Council Members of the City of Des Moines, signed a Proclamation describing the City of Des Moines support for action by local, state, federal and tribal governments that secure and effectuate the inherent rights of the Southern Resident Orcas. This Proclamation (included below) comes after the cities of Port Townsend, Gig Harbor, Langley and Bainbridge made history by passing similar proclamations. Jefferson County passed their own proclamation in January and San Juan County followed shortly thereafter.

The Southern Resident Orcas ("the Orcas”) are culturally, spiritually, and economically important to the people of Washington State and the world. However, despite international, federal and state legal protections for nearly two decades, the population continues to decline and is critically endangered, with only 73 individuals left in the wild. There is concern that our actions to date have simply not been enough to reverse their decline, and that transformative, system, and value based change is needed.

This momentum is due to a campaign launched by Earth Law Center and Legal Rights for the Salish Sea (a community group based in Gig Harbor, Washington) where local organizing is signaling a paradigm shift in society’s relationship with Nature. “Though nonbinding, the local proclamations are communicating what Washingtonians value and as we have seen with similar movements, including plastic bag bans, can be a powerful catalyst in the lead to binding State action.” Michelle Bender, Ocean Campaigns Director at Earth Law Center.

“Des Moines is a leading city in Puget Sound/South Salish Sea concerning efforts to bring awareness to the health of our waters. Des Moines has the MaST Center Aquarium in partnership with Highline College to educate our students regarding the sound and it’s sea life, we host SR3 – Sealife Response, Rehabilitation and Research operation which nurses sea creatures to health with the mission to return these animals to the wild and better understand their health and survival, our city also has the Maritime High School (a state high school program dedicated to our waters health and future) located within our boundaries, along with other efforts concerning local streams that flow into the sound and restoring the salmon population. This proclamation is another step in standing with those who care for and seek the resurgence of our Orca population in our local waters.” Matt Mahoney, Mayor, Des Moines, WA.

“I would like to see the SRO population go back over 100 and keep going higher. They need our help. They are a keystone species of the Salish Sea. I resonate with the idea of The Lummi and other First Nations that consider them to be members of their family, in a literal sense. I find that concept amazing. It shows the high respect and understanding they have of non-human form beings. They've had a positive relationship with the SROs and other living beings in the area for thousands of years. That contrasts starkly with much of the modern Western world that sees non-human form beings as mere property or pests, something you can do whatever you want with. I disagree with that view in a moral, scientific, objective, subjective, and spiritual sense. It doesn't make sense.” Elliott Lytle, Wildlife Advocate, Des Moines, WA

Kriss Kevorkian, founder of Legal Rights for the Salish Sea (LRSS), noted, "I've heard from scientists just starting in their careers that the rights of Nature resonates with them far more than the notion of ‘marine mammal management’ ever has. Thankfully, like us, they see that the Southern Resident Orcas should have the same rights as we do."

Legal rights for species and their habitats is not new. Indigenous understandings of our kinship with other beings has existed since time immemorial. Hundreds of Rights of Nature laws exist in approximately 30 countries, with dozens at the local and tribal levels in the United States, including Santa Monica’s Sustainability Rights Ordinance and the Nez Perce’s resolution recognizing the rights of the Snake River. Both San Francisco and Malibu passed resolutions in 2014 protecting the rights of whales and dolphins in their coastal waters. 

"Supporting the inherent rights of our beloved Southern Resident Orcas protects the Pacific Northwest environment for all living creatures.” Sharon Grace, attorney and long-time San Juan Island orca advocate.

This effort is also supported by an online change.org petition and declaration of understanding, of which over 10 organizations have signed onto. Earth Law Center created a toolkit to help advocates introduce a resolution to their local communities, share the campaign on social media and other helpful talking points. You can take action and view the toolkit here. 

Additional Quotes:

“Our Lhaq'temish term for killer whales is qwe’lhol’mechen, meaning “our relations under the waves.” They are members of our family, and we have a sacred obligation to help heal and protect them. Recognizing our relations’ inherent rights is critical to this work.  We are guided by ancestors and our culture, and we appreciate these Proclamations that bring us all together in our shared responsibility to our whale relatives and also to our own future generations.” says Squil-le-he-le, Raynell Morris, Lhaq’temish matriarch and Lummi Nation tribal member. 

“If any population of animals on the planet warrant personhood it would be the Southern Resident Orcas. They are the most well studied population of animals on the planet. And over the past 50 years, we've come to see them as conscious individuals who are tightly bonded with their family members and clan. The Southern Resident Orcas co-evolved in the Pacific Northwest with the Chinook salmon that they rely on, and it's our responsibility to respect them and the ecosystems that they rely on.” Dr. Debra Giles, Science and Research Director at the non-profit, Wild Orca.

“Orcas are invaluable assets as keystone species to the ocean. They provide rich biodiversity to the environment with their presence bringing positive contributions to the natural cycle of the ocean. Granting orcas legal rights will assure the oceanic environment remains as pure as intended.” - Pooja Sharma, Director of Legal Advocacy and Policy at Keystone Species Alliance

“Environmental laws should mean protecting the environment through compromise; compromise for an equitable and healthy future for all of Nature, of which we are a part of. Recognizing inherent rights does not automatically mean no whale watching or fishing, but it does mean a hard look and re-evaluation of human activity and the way we do business. We can either continue business as usual and entire ecosystems will collapse, leaving us without the industries we cherish anyway, or reduce our impact and proactively restore ecosystems now to ensure such industries that contribute to our livelihood still exist 30, 50 and 100 years from now." Michelle Bender, Ocean Campaigns Director at Earth Law Center. 

 “Recognizing the Southern Residents’ legal rights means that we must consider their wellbeing and needs in addition to human interests in decision making, and that they will have a voice in a variety of forums, including courts. One way that could be done is through human guardians acting on their behalf and in their best interests,” explained Elizabeth Dunne, ELC’s Director of Legal Advocacy. “When structures such as the lower Snake River dams interfere with the Southern Residents’ ability to obtain prey (salmon) crucial for their survival, then to realize their rights we must find solutions to remedy the problem.” 

“Over the ensuing years we have learned much about Orcas and the peril the resident Orcas are in. Recognizing and respecting the “Rights of Orcas” is an essential part of understanding Orcas and advocating for them. Knowing that Orcas have rights brings them “closer” to us.” Patrick Johnson, Co-Chair Green Sanctuary and Environmental Action Team, Quimper Unitarian Universalist Fellowship.

“A Native elder once said, ‘My relatives, the orca, only eat Chinook. I don't need it, so I leave it for them.’ We can all do something. We can choose to change our behavior in order to save the Southern Residents.” Kathleen Waldron, Citizen Scientist, Jefferson County

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Earth Law Center (ELC) (www.earthlawcenter.org) works to transform the law to recognize and protect nature’s inherent rights to exist, thrive and evolve. ELC partners with frontline indigenous people, communities and organizations to challenge the overarching legal and economic systems that reward environmental harm, and advance governance systems that maximize social and ecological well-being.

Legal Rights for the Salish Sea (LRSS- http://legalrightsforthesalishsea.org/) is a local community group based in Gig Harbor, WA, founded by Dr. Kriss Kevorkian, educating people to recognize the inherent rights of the Southern Resident Orcas. Under our current legal system humans and corporations have legal standing but animals and ecosystems don’t. We believe that animals and ecosystems should also have legal rights, not just protections that can be changed by different administrations.

PANAMA PASSES NATIONAL SEA TURTLE LAW RECOGNIZING THEIR RIGHTS

FOR IMMEDIATE RELEASE: March 14, 2023

Contacts:

Gabriel Silva, Congressman in The National Assembly of Panama

(gsilva@asamblea.gob.pa)

Callie Veelenturf, Executive Director/Marine Biologist, The Leatherback Project (callie@leatherbackproject.org)

Constanza Prieto Figleist, Latin America Legal Director, Earth Law Center (cfigelist@earthlaw.org) 

Michelle Bender, Ocean Campaigns Director, Earth Law Center 

(mbender@earthlaw.org) 

Panama City, Panama: On March 1, 2023, Laurentino Cortizo, President of Panama, signed a national law that promotes the Protection and Conservation of Sea Turtles and their Habitats. This law, among other protections, recognizes in article 29, the inherent rights of sea turtles and their habitats. The law was introduced by Congressman Gabriel Silva in 2021 and passed through three legal debates to receive input and formulate the law before making its way to the President's desk. As an example of a ‘Rights of Nature’ law, it recognizes sea turtles in Panama as a subject of rights, with rights to live and have free passage in a healthy environment, free of pollution and other anthropocentric impacts that cause physical damage, including incidental capture, coastal development and unregulated tourism, among others.

[Photo by Dustin Haney on Unsplash]

As one of the most biodiverse countries in the world, the Republic of Panama is leading the way in ocean protection. The 2023 Our Ocean Conference was held in Panama March 2nd and 3rd, which gathered government, industry, science and civil society to discuss challenges facing the ocean. This triumph for sea turtles occurred concurrently with the conference and several other notable commitments by Panama for the ocean:

• Laurentino Cortizo, President of Panama, and Milciades Concepción, Minister of Environment, signed the decree to expand the Banco Volcán marine protected area, leading the country to protect more than 50% of its marine territory, significantly ahead of the 2030 pledge. 

• A new marine refuge was proposed in the Gulf of Panama on the Pacific coast, namely the Refugio de Vida Silvestre Saboga, which is now open to public comment, and includes language to recognize and defend the Rights of Nature in the refuge. 

• Milciades Concepción, Minister of Environment, spoke about the national Rights of Nature law that was passed in February, 2022 and entered into force a few days before the conference (February 24, 2023) stating it is “a new tool to combat the ecological damage caused by humans.” 

Gabriel Silva, a lawyer, professor and Congressman in The National Assembly of Panama, in a video stated, “this is an important step forward. Created and in conjunction with the Panatortugas Network, the Ministry of the Environment, biologists, and experts in the subject, this will help us preserve the oceans, sea turtles and our environment.”  

Over the last 50 years, marine biodiversity has declined by 49 percent, and over 60 percent of the world's 356 turtle species are threatened or already extinct, making them amongst the most vulnerable animals on Earth. There are five species of sea turtles that occupy Panama’s waters, three of which are globally considered vulnerable to extinction, one which is endangered with extinction and another which is critically endangered with extinction. Having existed for over 200 million years, sea turtles worldwide are at risk of extinction due to human-induced threats such as entanglement in fishing gear, illegal trade and consumption, coastal development, pollution and climate change. 

In addition to recognizing the inherent rights of sea turtles, the law requires fisheries to implement measures to avoid incidental catches, regulates tourism activities in sea turtle habitats, and creates a national committee to conserve sea turtles, charged with identifying and recommending protected areas, ensuring development activities do not affect their populations, and creating an action plan every five years, among other responsibilities. 

When asked how about her involvement in this process and reaction to the passage of the law, Callie Veelenturf, a marine conservation biologist and National Geographic Explorer, studying sea turtles in the Pearl Islands Archipelago in Panama, stated “as a marine biologist, I understand the critical importance of protecting these flagship species and their habitats. The recognition of sea turtles’ inherent rights is encouraging to me, as it can prompt discussions on pressing threats to the Ocean, and studying these species can offer valuable insights into Ocean health and conservation needs. This step to safeguard their populations is impactful for Panama as a leader in the Rights of Nature movementand for global conservation efforts!”

[Callie Veelenturf in the field in the Pearl Islands; photo taken by Tiff Duong]

Latin American Legal Director Constanza Prieto Figelist at Earth Law Center, an NGO who provided expertise to the draft law, commented on the significance of this legal advancement, stating “this law can advance the conservation of endangered sea turtles by ensuring an  ecosystem perspective, strengthening standards of conservation, and including the inherent needs and health of turtles and their habitats in decision making. From the comparative experience of the Rights of Nature movement, we have learned the enforceability and the implementation of Rights of Nature requires a specification of Rights of Nature and inclusion of the whole perspective in subsequent laws. This is a new discipline and the government, decision makers and courts need specific models of conduct and standards to follow.”

Panama’s national Rights of Nature law protects all ecosystems and species, including Sea Turtles. “However this specification recognizes and protects sea turtles as living beings with intrinsic value as individuals, in addition to their ecosystems, which will allow their needs and interests to have serious weight in the implementation of the law. This is quite different from merely identifying the short-term or ‘ecosystem services’ sea turtles provide largely in the context of human interactions, and instead ensures decisions look at the role sea turtles play as individuals to other species, a healthy ecosystem and broader ocean functioning. This is, for example, similar to what we have seen in Ecuador in their constitutional court, where in 2022, a landmark ruling found that individual wild animals are subjects of rights under Ecuador’s constitutional recognition of the Rights of Nature.” says Michelle Bender, Ocean Campaigns Director at Earth Law Center.

Hundreds of Rights of Nature laws exist in over 30 countries, with Ecuador having passed a constitutional amendment, and Bolivia and Panama having passed national laws. Though not exactly Rights of Nature, other national laws exist of a similar goal, for example, New Zealand’s Government legally recognizes animals as sentient beings; the Uttarakhand High Court of India ruled that the entire animal kingdom are legal entities with rights; and the United Kingdom now recognizes lobsters, crabs, and octopus as sentient beings.

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The Leatherback Project https://www.leatherbackproject.org, is an organization dedicated to the conservation of the massive leatherback sea turtle throughout its global range through research, education and advocacy initiatives aimed at mitigating fisheries bycatch, reducing plastic pollution and combating climate change. While studying sea turtles in Panama, Founder and Executive Director of The Leatherback Project, Callie Veelenturf, originally brought the concept of Rights of Nature to Juan Diego Vasquez as a proposal for a new law. 

Earth Law Center (ELC) https://www.earthlawcenter.org, is a nonprofit organization, with offices in the United States of America, Mexico and Canada. ELC champions Earth-centered laws and community-led movements that respect and protect all life on the planet, including the promotion of Rights of Nature. The Earth Law Center was involved in developing, debating, and revising the first draft of this new law to incorporate successful principles and verbiage from other successful bills around the world. 

Biodiversity Treaty Increases Support for Rights of Mother Earth

Contacts:

1) Rachel Bustamante, Earth Law Center (rbustamante@earthlaw.org, +1 240-490-0219) 

2) Doris Ragettli, Rights of Mother Earth (doris@rightsofmotherEarth.com, +41-79-775-7059

Nairobi - KENYA — Sunday, June 26th, marked the end of six days of negotiations at the Fourth Open-Ended Working Group (OEWG-4) session of the Convention on Biological Diversity (CBD), a binding international environmental treaty. There, delegates from 150 countries discussed the entirety of the Post-2020 Global Biodiversity Framework text (GBF) — a guiding plan for the international community to conserve biodiversity over the next 10 years under the CBD.

Despite strong negotiations, progress has been slow. The objective of the OEWG-4 was to reconcile a new draft agreement, solidifying consensus on 4 goals and the text of 21 biodiversity targets. However, only two targets were refined: Target 19.2 (strengthening capacity-building and technology transfer) and Target 12 (increasing the area and quality and connectivity of, access to, and benefits from green and blue spaces). 

Now, brackets overwhelm the remaining GBF text, signifying additions or deletions from negotiators, and an overall lack of consensus, leaving limited time to finalize the text and reach consensus before the framework’s expected adoption at the “Conference of Parties” (COP) at their 15th meeting in Montreal, Canada from December 5-17 this year.  Another meeting has been proposed to further negotiations prior to COP15 provided there is sufficient funding.

Rights for Nature, or Mother Earth, received ample support within a Draft recommendation submitted by the Co-Chairs, including an addition to the glossary (below) that defines Mother Earth-Centered Actions (MECA). Previous text regarding Mother Earth that we supported was not removed and some new supportive language was introduced (below), but ultimately all remains without final consensus and will be up for debate between now and December. 

Significant references to Rights of Mother Earth in the GBF include (key language bolded):

• Section A. Background 

1. Biodiversity is fundamental to human well-being and a healthy planet [for peoples living in harmony with nature and Mother Earth] [. It underpins virtually every part of our lives]; we depend on it for food, medicine, energy, clean air and water, security from natural disasters as well as recreation and cultural inspiration, [and supports all systems of life on earth], among others. 

• Section D. Theory of Change

It recognizes the importance of a [human] rights-based approach, including the respect, protection [promotion] and fulfillment of human rights, [and the rights of Mother Earth,] [gender equality] and foster intergenerational equity. 

• Target 11:

[and rights-based approaches and Mother-Earth centric actions ] for the benefit of all peoples and nature. 

• Target 15:

(e) [Follow a rights-based approach] [, including human rights and the rights of Mother Earth.] 

• Target 16

[, in order for all peoples to live well in harmony with mother earth] 

• Target 19.1 (that details financial resources for implementation of the GBF):

[including financial resources for Mother Earth-Centred Actions22] 

• Footnote 22: Insertion to the glossary: Ecocentric and rights-based approach enabling the implementation of actions towards harmonic and complementary relationships between peoples and nature, promoting the continuity of all living beings and their communities and ensuring the non-commodification of environmental functions of Mother Earth 

Earth Law Center participated in the OEWG-4 as an Observer and published two articles in ECO online that were also printed for delegates: Rights of Nature in the Post-2020 Global Biodiversity Framework and Rights-based Approaches Include Nature’s Rights. 

 A closing statement from the CBD-Alliance (a network of civil society organizations who have a common interest in the CBD) commented on the frustration of the OEWG-4 process, stating: “There is an imbalance between the ease with which NEW language from developed countries is included in the text, while developing countries are denied the opportunity.” 

The group also posed the question to the delegates: “Do you really appreciate the magnitude of the biodiversity crisis we are in? If you did, the work of the past week would have reflected that.”

“Though the OEWG-4 negotiations weakened ambitions for protecting and restoring global biodiversity, the bracketed texts for Rights of Mother Earth fortunately still remain, including additional stronger texts. These next few months and ultimately, COP15 will tell if the global community will seize this opportunity for transformative change and a paradigm shift from ‘business as usual.’ The inclusion Rights of Mother Earth would support diverse ontologies and help restore our relationship with Nature to balance, reciprocity, and holism - just as many Indigenous Peoples and Local Communities have known and practiced since time immemorial,” said Rachel Bustamante, Earth Law Center.  

One final bright spot to note is the increased support and enhanced recognition of the rights of Indigenous Peoples and Local Communities (IPLCs) and their vital role to conservation. An additional main focus of discussion was the inclusion of a new target (22) to ensure gender equality and equitable participation of women and girls, including those with disabilities in policy-making, implementation and decision-making related to biodiversity. 

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Earth Law Center (www.earthlawcenter.org) is a 501(c)(3) organization that works to transform the law to recognize and protect nature’s inherent rights to exist, thrive, and evolve. This includes advancing the inherent rights of rivers through initiatives with local partners to secure rights recognition.

Rights of Nature Sweden (www.naturensrattigheter.se) is working with Rights of Nature and Earth jurisprudence as systemic tools for the transition to a society in harmony with nature. We arrange the Earth Rights Conference as a platform for these ideas.

Rights of Mother Earth is a global movement campaign for the adoption of a Declaration of Rights of Mother Earth by the United Nations, to complement the Human Rights Declaration. You can sign and share the petition at www.RightsofMotherEarth.com

Biodiversity Treaty Shows Renewed Support for the Rights of Nature

Press Release

Contacts:

• Rachel Bustamante, Earth Law Center (rbustamante@earthlaw.org, +1 240-490-0219) 

• Doris Ragettli, Rights of Mother Earth (doris@rightsofmotherEarth.com, +41-79-775-7059

New York- USA—A new working group report from the Convention on Biological Diversity (CBD) indicates renewed international support for the Rights of Nature (or Mother Earth) and Earth-centered law. The report, released by the third open-ended working group on the Post-2020 Global Biodiversity Framework, makes specific references to the “rights of mother earth” within bracketed text, meaning it is subject to negotiation. This language will be considered for adoption by the Conference of Parties (COP) at their 15th meeting in Kunming, China later this year.

The Post-2020 Global Biodiversity Framework is a guiding plan for the international community to conserve biodiversity over the next 10 years under the CBD, a binding international environmental treaty. Almost the entire world, 196 countries, has ratified the treaty, with the United States amongst only a few omissions. An earlier version of the framework, the “zero draft” from January 2020, included reference to the Rights of Nature, but this language was later removed. Advocates have since pushed for its reintroduction. 

Specifically, the new CBD report added the following approaches to implement the framework (key language bolded):

• Target 11: Restore, maintain and enhance ecosystem functions and services [nature’s contributions to people, including ecosystem functions and services,] such as regulation of air and water, soil health, [pollination], [climate], as well as protection from natural hazards and disasters through [nature-based solutions5 and ecosystem-based approaches6], [rights-based approaches and mother earth centred actions] [through payment for environmental services] for the benefit of all peoples and nature.
  

• Target 15: [[Increase significantly the number or percentage of] [Take legal, administrative and policy measures to] [Ensure through mandatory requirements that [all]] businesses and financial institutions [, especially [large and economically significant businesses] [those with significant impacts on biodiversity,]] [assess, monitor, [disclose]][regular evaluations] and [transparently report] [and accept responsibility for their] on their dependencies and impacts on biodiversity, human rights [and the rights of mother earth] [across operations, value chains and portfolios,]
  

• Appendix 1: 4. The framework will be implemented fully respecting protecting and fulfilling human rights, and further respecting [the right to a safe, clean, healthy and sustainable environment] [the right to development], the rights of persons with disabilities and people in vulnerable situations, indigenous peoples and local communities’ land tenure rights [as well as the] and [right to] free, prior and informed consent of indigenous peoples and local communities [as reflected] in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and international human rights law, [as well as] as while fostering intergenerational equity, and mindful of the diverse world views, values and knowledge systems, including different conceptualizations of Nature and biodiversity, including cosmobiocentric approaches of living and those recognized by some cultures as Mother Earth.

In August 2021, a coalition of groups led by Earth Law Center, Rights of Nature Sweden, and Rights of Mother Earth, with key support from International Observatory for Nature's Rights, Earth Advocacy Youth, and others, released a report urging the incorporation of the Rights of Nature into the post-2020 framework. The recommendation called for the definition of ‘rights-based approaches’ to include Rights of Nature and other ecocentric and human rights-based approaches. The recommendation has been signed by over 200 organizations and individuals across 40+ countries.

“Earth-centered approaches to international governance, law, and policy support the fulfillment of the 2050 vision of a world living in harmony with Nature. We can bring about this transformation by recognizing humanity’s interconnection and interdependent relationship with Nature; this relationship is healthy when we acknowledge our reciprocal responsibilities to conserve. A substantive analysis to implement Earth-centered approaches in the CBD is available in this supplementary report, ” said Rachel Bustamante, Conservation Science & Policy Analyst at Earth Law Center.

“In my opinion, one of the weak points in the 1st  Draft of the Post-2020 Framework of the Convention on Biological Diversity, besides Nature-based solutions, is the terminology, 'Rights-based approach'. Failing to define this phrase leaves it open for interpretation, and unless Rights of Nature is included amongst the rights-based approaches, the framework might not adequately protect biodiversity and Nature," said Doris Ragettli, co-founder of Rights of Mother Earth.

Over twenty countries already embrace Rights of Nature, whether in the form of constitutional amendments, national law, judicial decisions, treaty agreements, local law, or resolutions, such as in Ecuador, Mexico, India, Colombia, Spain, Panama, Brazil, New Zealand, and the United States. (http://harmonywithnatureun.org/rightsOfNature/)

Rights of Nature rebalances our underlying relationship with the natural world by promoting a shift to Earth-centred governance (as opposed to a human-centred or anthropocentric framework), wherein a main principle in this framework is the recognition of Nature as a living being and rights-bearing entity. 

In particular, the recognition and implementation of Rights of Nature would:

• Create a new overarching norm or code of conduct for international environmental law that respects biodiversity alongside human interests; 

• Create an opportunity to enhance the restoration of biodiversity while also resulting in greater protection and fulfillment of human rights; and 

• Require us to reimagine ‘sustainable development’ to that of ecological sustainability, thereby guiding development, economics, governance, and laws towards humankind living in harmony with Nature.

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Earth Law Center (www.earthlawcenter.org) is a 501(c)(3) organization that works to transform the law to recognize and protect nature’s inherent rights to exist, thrive, and evolve. This includes advancing the inherent rights of rivers through initiatives with local partners to secure rights recognition.

Rights of Nature Sweden (www.naturensrattigheter.se) is working with Rights of Nature and Earth jurisprudence as systemic tools for the transition to a society in harmony with nature. We arrange the Earth Rights Conference as a platform for these ideas.

Rights of Mother Earth is a global movement campaign for the adoption of a Declaration of Rights of Mother Earth by the United Nations, to complement the Human Rights Declaration. You can sign and share the petition at: www.RightsofMotherEarth.com

Read the joint brief advocating for the Rights of Nature and submitted to the CBD by the above parties here.