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. 

# # # 

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.

# # # 

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.