The Law of Mother Earth: Behind Bolivia’s Historic Bill

A new law expected to pass in Bolivia mandates a fundamental ecological reorientation of the nation’s economy and society.

by Nick Buxton

Indigenous and campesino (small-scale farmer) movements in the Andean nation of Bolivia are on the verge of pushing through one of the most radical environmental bills in global history. The "Mother Earth" law under debate in Bolivia's legislature will almost certainly be approved, as it has already been agreed to by the majority governing party, Movimiento Al Socialismo (MAS).

The law draws deeply on indigenous concepts that view nature as a sacred home, the Pachamama (Mother Earth) on which we intimately depend. As the law states, “Mother Earth is a living dynamic system made up of the undivided community of all living beings, who are all interconnected, interdependent and complementary, sharing a common destiny.”

The law would give nature legal rights, specifically the rights to life, regeneration, biodiversity, water, clean air, balance, and restoration.

The law would give nature legal rights, specifically the rights to life and regeneration, biodiversity, water, clean air, balance, and restoration. Bolivia's law mandates a fundamental ecological reorientation of Bolivia's economy and society, requiring all existing and future laws to adapt to the Mother Earth law and accept the ecological limits set by nature. It calls for public policy to be guided by Sumaj Kawsay (an indigenous concept meaning “living well,” or living in harmony with nature and people), rather than the current focus on producing more goods and stimulating consumption.

In practical terms, the law requires the government to transition from non-renewable to renewable energy; to develop new economic indicators that will assess the ecological impact of all economic activity; to carry out ecological audits of all private and state companies; to regulate and reduce greenhouse gas emissions; to develop policies of food and renewable energy sovereignty; to research and invest resources in energy efficiency, ecological practices, and organic agriculture; and to require all companies and individuals to be accountable for environmental contamination with a duty to restore damaged environments.

The law will be backed up by a new Ministry of Mother Earth, an inter-Ministry Advisory Council, and an Ombudsman. Undarico Pinto, leader of the 3.5 million-strong campesino movement CSUTCB, which helped draft the law, believes this legislation represents a turning point in Bolivian law: "Existing laws are not strong enough. This will make industry more transparent. It will allow people to regulate industry at national, regional, and local levels."

However, there is also strong awareness among Bolivia's social movements—in particular for the Pacto de Unidad (Unity Pact), a coalition of the country's five largest social movements and a key force behind the law—that the existence of a new law will not be enough to prompt real change in environmental practices.

A major obstacle is the fact that Bolivia is structurally dependent on extractive industries. Since the discovery of silver by the Spanish in the 16th Century, Bolivia's history has been tied to ruthless exploitation of its people and its environment in order to transfer wealth to the richest countries; poet and historian Eduardo Galeano’s famous book Open Veins draws largely on the brutal story of how Bolivia's exploitation fuelled the industrial expansion of Europe. In 2010, 70 percent of Bolivia's exports were still in the form of minerals, gas, and oil. This structural dependence will be very difficult to unravel.

In 2010, 70 percent of Bolivia's exports were still in the form of minerals, gas, and oil. This structural dependence will be very difficult to unravel.

Moreover, there is a great deal of opposition from powerful sectors, particularly mining and agro-industrial enterprises, to any ecological laws that would threaten profits. The main organization of soya producers, which claimed that the law “will make the productive sector inviable,” is one of many powerful groups who have already come out against the law. Within the government, there are many ministries and officials that would also like the law to remain nothing more than a visionary but ultimately meaningless statement.

Raul Prada, one of the advisors to Pacto de Unidad, explained that the Mother Earth law was developed by Bolivia's largest social movements in response to their perceived exclusion from policy-making by the MAS government, led by indigenous President Evo Morales. They have generally supported MAS since its resounding election victory in 2005, but were frustrated by what they saw as a lack of progress. Rather than merely expressing their concern, these movements—comprised mainly of indigenous and farming communities—are pro-actively developing a series of new laws. Their first priority was the passage of the Mother Earth Law, based on a commitment made at the historic global Peoples Conference on Climate Change held in Bolivia in April 2010. To some surprise, the diverse movements soon developed a consensual agreement that was supported by MAS legislators.

Raul Prada notes that, even with significant pressure from social movements, transitioning to an economy based on the concept Vivir Bien will not be easy. “It is going to be difficult to transit from an extractive economy. We clearly can't close mines straight away, but we can develop a model where this economy has less and less weight. It will need policies developed in participation with movements, particularly in areas such as food sovereignty. It will need redirection of investment and policies towards different ecological models of development. It will need the cooperation of the international community to develop regional economies that complement each other.”

Ultimately, though, this is a challenge far bigger than Bolivia, says Prada: “Our ecological and social crisis is not just a problem for Bolivia or Ecuador; it is a problem for all of us. We need to pull together peoples, researchers, and communities to develop real concrete alternatives so that the dominant systems of exploitation don't just continue by default. This is not an easy task, but I believe with international solidarity, we can and must succeed.”

Republished from YES! Magazine

United Nations Approves Two More Resolutions by Bolivia: Harmony With Nature and Indigenous Issues

Plurinational State of Bolivia
Ministerio de Relaciones Exteriores
Comunicado de Prensa
23 de diciembre 2010

Earlier this week, the General Assembly of the United Nations approved by consensus two resolutions presented by Bolivia. The first, entitled “Harmony with Nature,” asks to convene an interactive dialogue on International Mother Earth Day on April 22nd, 2011. Topics will include methods for promoting a holistic approach to harmony with nature, and an exchange of national experiences regarding criteria and indicators to measure sustainable development in harmony with nature.

This resolution recognizes that “human beings are an inseparable part of nature, and that they cannot damage it without severely damaging themselves.” It also seeks to contribute to the preparatory process for the United Nations Conference on Sustainable Development in 2012.

The second resolution convenes in 2014 a World Conference on Indigenous Peoples with the objective of contributing to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

Both resolutions make reference to the World People’s Conference on Climate Change and the Rights of Mother Earth, which took place this year in Cochabamba, Bolivia.

In the last two years, the UN General Assembly has approved five resolutions initiated by the Plurinational State of Bolivia. Four were approved by consensus, and one in a vote with no country opposed (the resolution on the Human Right to Water and Sanitation). Never before in the history of Bolivian diplomacy has has the country had such an impact in the UN.

Links to documents in PDF format: Indigenous issues (link 2) / Harmony with nature (available in all official UN languages)

Proposal Universal Declaration of the Rights of Mother Earth adopted at World Peoples Summit on Climate Change, Cochabamba, Bolivia

Preamble

We, the peoples and nations of Earth:

considering that we are all part of Mother Earth, an indivisible, living community of interrelated and interdependent beings with a common destiny;gratefully acknowledging that Mother Earth is the source of life, nourishment and learning and provides everything we need to live well;

recognizing that the capitalist system and all forms of depredation, exploitation, abuse and contamination have caused great destruction, degradation and disruption of Mother Earth, putting life as we know it today at risk through phenomena such as climate change;

convinced that in an interdependent living community it is not possible to recognize the rights of only human beings without causing an imbalance within Mother Earth;

affirming that to guarantee human rights it is necessary to recognize and defend the rights of Mother Earth and all beings in her and that there are existing cultures, practices and laws that do so;

conscious of the urgency of taking decisive, collective action to transform structures and systems that cause climate change and other threats to Mother Earth;

proclaim this Universal Declaration of the Rights of Mother Earth, and call on the General Assembly of the United Nation to adopt it, as a common standard of achievement for all peoples and all nations of the world, and to the end that every individual and institution takes responsibility for promoting through teaching, education, and consciousness raising, respect for the rights recognized in this Declaration and ensure through prompt and progressive measures and mechanisms, national and international, their universal and effective recognition and observance among all peoples and States in the world.

Article 1. Mother Earth

(1) Mother Earth is a living being.

(2) Mother Earth is a unique, indivisible, self-regulating community of interrelated beings that sustains, contains and reproduces all beings.

(3) Each being is defined by its relationships as an integral part of Mother Earth.

(4) The inherent rights of Mother Earth are inalienable in that they arise from the same source as existence.

(5) Mother Earth and all beings are entitled to all the inherent rights recognized in this Declaration without distinction of any kind, such as may be made between organic and inorganic beings, species, origin, use to human beings, or any other status.

(6) Just as human beings have human rights, all other beings also have rights which are specific to their species or kind and appropriate for their role and function within the communities within which they exist.

(7) The rights of each being are limited by the rights of other beings and any conflict between their rights must be resolved in a way that maintains the integrity, balance and health of Mother Earth.

Article 2. Inherent Rights of Mother Earth

(1) Mother Earth and all beings of which she is composed have the following inherent rights:

(a) the right to life and to exist;

(b) the right to be respected;

(c) the right to regenerate its bio-capacity and to continue its vital cycles and processes free from human disruptions;

(d) the right to maintain its identity and integrity as a distinct, self-regulating and interrelated being;

(e) the right to water as a source of life;

(f) the right to clean air;

(g) the right to integral health;

(h) the right to be free from contamination, pollution and toxic or radioactive waste;

(i) the right to not have its genetic structure modified or disrupted in a manner that threatens it integrity or vital and healthy functioning;

(j) the right to full and prompt restoration the violation of the rights recognized in this Declaration caused by human activities;

(2) Each being has the right to a place and to play its role in Mother Earth for her harmonious functioning.

(3) Every being has the right to wellbeing and to live free from torture or cruel treatment by human beings.

Article 3. Obligations of human beings to Mother Earth

(1) Every human being is responsible for respecting and living in harmony with Mother Earth.

(2) Human beings, all States, and all public and private institutions must:

(a) act in accordance with the rights and obligations recognized in this Declaration;

(b) recognize and promote the full implementation and enforcement of the rights and obligations recognized in this Declaration;

(c) promote and participate in learning, analysis, interpretation and communication about how to live in harmony with Mother Earth in accordance with this Declaration;

(d) ensure that the pursuit of human wellbeing contributes to the wellbeing of Mother Earth, now and in the future;

(e) establish and apply effective norms and laws for the defence, protection and conservation of the rights of Mother Earth;

(f) respect, protect, conserve and where necessary, restore the integrity, of the vital ecological cycles, processes and balances of Mother Earth;

(g) guarantee that the damages caused by human violations of the inherent rights recognized in this Declaration are rectified and that those responsible are held accountable for restoring the integrity and health of Mother Earth;

(h) empower human beings and institutions to defend the rights of Mother Earth and of all beings;

(i) establish precautionary and restrictive measures to prevent human activities from causing species extinction, the destruction of ecosystems or the disruption of ecological cycles;

(j) guarantee peace and eliminate nuclear, chemical and biological weapons;

(k) promote and support practices of respect for Mother Earth and all beings, in accordance with their own cultures, traditions and customs;

(l) promote economic systems that are in harmony with Mother Earth and in accordance with the rights recognized in this Declaration.

Article 4. Definitions

(1) The term “being” includes ecosystems, natural communities, species and all other natural entities which exist as part of Mother Earth.

(2) Nothing in this Declaration restricts the recognition of other inherent rights of all beings or specified beings.

Draft Universal Declaration of the Rights of Mother Earth to be discussed at World People's Summit on Climate Change and the Rights of Mother Earth

UNIVERSAL DECLARATION OF THE RIGHTS OF MOTHER EARTH

[draft February 2010]

Preamble

We, the peoples of Earth:

gratefully acknowledging that Mother Earth gives us life, nourishes and teaches us and provides us with all that we need to live well;

recognizing that Mother Earth is an indivisible community of diverse and interdependent beings with whom we share a common destiny and to whom we must relate in ways that benefit Mother Earth;acknowledging that by attempting to dominate and exploit Mother Earth and other beings, humans have caused severe destruction, degradation and disruption of the life-sustaining communities, processes and balances of Mother Earth which now threatens the wellbeing and existence of many beings;

conscious that this destruction is also harmful to our inner wellbeing and is offensive to the many faiths, wisdom traditions and indigenous cultures for whom Mother Earth is sacred;

acutely conscious of the critical importance and urgency of taking decisive, collective action to prevent humans causing climate change and other impacts on Mother Earth that threaten the wellbeing and survival of humans and other beings;

accepting our responsibility to one another, future generations and Mother Earth to heal the damage caused by humans and to pass on to future generations values, traditions, and institutions that support the flourishing of Mother Earth;

convinced that in order for communities of humans and other beings to flourish we must establish systems for governing human behavior that recognize the inalienable rights of Mother Earth and of all beings that are part of her;

convinced that the fundamental freedoms and rights of Mother Earth and of all beings should be protected by the rule of law, and that the corresponding duties of human beings to respect and defend these rights and freedoms should be enforced by law;

proclaim this Universal Declaration of the Rights of Mother Earth to complement the Universal Declaration of Human Rights and to serve as a common standard by which the conduct of all human beings, organizations, and cultures can be guided and assessed; and

pledge ourselves to cooperate with other human communities, public and private organizations, governments, and the United Nations, to secure the universal and effective recognition and observance of the fundamental freedoms, rights and duties enshrined in this Declaration, among all the peoples, cultures and states of Earth.

Article 1. Fundamental rights, freedoms and duties

(1) Mother Earth is an indivisible, self-regulating community of interrelated beings each of whom is defined by its relationships within this community and with the Universe as a whole. Fundamental aspects of these relationships are expressed in this Declaration as inalienable rights, freedoms and duties.

(2) These fundamental rights, freedoms and duties arise from the same source as existence and are inherent to all beings, consequently they are inalienable, cannot be abolished by law, and are not affected by the political, jurisdictional or international status of the country or territory within which a being exists.

(3) All beings are entitled to all the fundamental rights and freedoms recognized in this Declaration without distinction of any kind, such as may be made between organic, living beings and inorganic, non-living beings, or on the basis of sentience, kind, species, use to humans, or other status.

(4) Just as human beings have human rights, other beings may also have additional rights, freedoms and duties that are specific to their species or kind and appropriate for their role and function within the communities within which they exist.

(5) The rights of each being are limited by the rights of other beings to the extent necessary to maintain the integrity, balance and health of the communities within which it exists.

Article 2. Fundamental rights of Mother Earth

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

Article 3. Fundamental rights and freedoms of all beings

Every being has:

(a) the right to exist;

(b) the right to habitat or a place to be;

(c) the right to participate in accordance with its nature in the ever-renewing processes of Mother Earth;

(d) the right to maintain its identity and integrity as a distinct, self-regulating being;

(e) the right to be free from pollution, genetic contamination and human modifications of its structure or functioning that threaten its integrity or healthy functioning; and

(f) the freedom to relate to other beings and to participate in communities of beings in accordance with its nature.

Article 4. Freedom of animals from torture and cruelty

Every animal has the right to live free from torture, cruel treatment or punishment by human beings.

Article 5. Freedom of animals from confinement and removal from habitat

(1) No human being has the right to confine another animal or to remove it from its habitat unless doing so is justifiable with reference to the respective rights, duties and freedoms of both the human and other animal concerned.

(2) Any human being that confines or keeps another animal must ensure that it is free to express normal patterns of behavior, has adequate nourishment and is protected from injury, disease, suffering and unreasonable fear, pain, distress or discomfort.

Article 6. Fundamental duties of human beings

Human beings have a special responsibility to avoid acting in violation of this Declaration and must urgently establish values, cultures, and legal, political, economic and social systems consistent with this Declaration that:

(a) promote the full recognition, application and enforcement of the freedoms, rights and duties set out in this Declaration;

(b) ensure that the pursuit of human wellbeing contributes to the wellbeing of Mother Earth, now and in the future;

(c) prevent humans from causing harmful disruptions of vital ecological cycles, processes and balances, and from compromising the genetic viability and continued survival of other species;

(d) ensure that the damage caused by human violations of the freedoms, rights and duties in this Declaration is rectified where possible and that those responsible are held accountable for restoring the integrity and healthy functioning of affected communities; and

(e) enable people to defend the rights of Mother Earth and of all beings.

Article 7. Protection of the law

Every being has –

(a) the right to be recognised everywhere as a subject before the law;

(b) the right to the protection of the law and to an effective remedy in respect of human violations or attacks on the rights and freedoms recognized in this Declaration;

(c) the right to equal protection of the law; and

(d) the right to equal protection against any discrimination by humans in violation of this Declaration and against any incitement to such discrimination.

Article 8. Human education

(1) Every human being has the right to be educated about Mother Earth and how to live in accordance with this Declaration.

(2) Human education must develop the full potential of human beings in a way that promotes a love of Mother Earth, compassion, understanding, tolerance and affection among all humans and between humans and other beings, and the observance of the fundamental freedoms, rights and duties in this Declaration.

Article 9. Interpretation

(1) The term “being” refers to natural beings which exist as part of Mother Earth and includes a community of other beings and all human beings regardless of whether or not they act as a corporate body, state or other legal person.

(2) Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms in it.

(3) Nothing in this Declaration may be interpreted as restricting the recognition of other fundamental rights, freedoms or duties of all or specified beings.

Republished from PWCCC website