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A new law of nature:Ecuador next week votes on giving legal rights to rivers, forests and air

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Ecuador next week votes on giving legal rights to rivers, forests and air. Is this the end of damaging development? The world is watchingClare Kendall The

The South American republic of Ecuador will next week consider what many countries in the world would say is unthinkable. People will be asked to vote on Sunday on a new constitution that would give Ecuador's tropical forests, islands, rivers and air similar legal rights to those normally granted to humans. If they vote yes - and polls show that 56% are for and only 23% are against - then an already approved bill of rights for nature will be introduced, and new laws will change the legal status of nature from being simply property to being a right-bearing entity.

The proposed bill states: "Natural communities and ecosystems possess the unalienable right to exist, flourish and evolve within Ecuador. Those rights shall be self-executing, and it shall be the duty and right of all Ecuadorian governments, communities, and individuals to enforce those rights."

Thomas Linzey, a US lawyer who has helped to develop the new legal framework for nature, says: "The dominant form of environmental protection in industrialised countries is based on the regulatory system. Governments permit and legalise the discharge of certain amounts of toxics into the environment. As a form of environmental protection, it's not working.

"In the same way, compensation is measured in terms of that injury to a person or people. Under the new system, it will be measured according to damage to the ecosystem. The new system is, in essence, an attempt to codify sustainable development. The new laws would grant people the right to sue on behalf of an ecosystem, even if not actually injured themselves."

Until now, all legal frameworks have been anthropocentric, or people-based. To file an environmental lawsuit requires a person to provide evidence of personal injury. This can be extremely difficult. To provide a conclusive link, say, between a cancer and polluted drinking water is, legally speaking, virtually impossible.

The origins of this apparent legal tidal shift lie in Ecuador's growing disillusionment with foreign multinationals. The country, which contains every South American ecosystem within its borders, which include the Galapagos Islands, has had disastrous collisions with multi-national companies. Many, from banana companies to natural gas extractors, have exploited its natural resources and left little but pollution and poverty in their wake.

Now it is in the grip of a bitter lawsuit against US oil giant Chevron, formerly Texaco, over its alleged dumping of billions of gallons of crude oil and toxic waste waters into the Amazonian jungle over two decades.

It is described as the Amazonian Chernobyl, and 30,000 local people claim that up to 18m tonnes of oil was dumped into unlined pits over two decades, in defiance of international guidelines, and contaminating groundwater over an area of some 1,700 hectares (4,200 acres) and leading to a plethora of serious health problems for anyone living in the area. Chevron has denied the allegations. In April, a court-appointed expert announced in a report that, should Chevron lose, it would have to pay up to $16bn (£8.9bn) in damages.

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32 responses // A new law of nature:Ecuador next week votes on giving legal rights to rivers, forests and air

  •  

    The wisdom of the ancients makes it into the modern court room. Hoooray earth!!

    recommended by huntre
    bansheewail
  •  

    Can we do the same here in the US?

    Enough exploitation of our natural resources!
    The environment should be the #1 concern of our policy makers - we all come from nature and will return to nature - get it?

    dolphins
  •  

    What creative and wonderful people! We could learn from them.

    MeganMcKenzie
  •  

    wish the US would do this

    Bren589
  •  

    you people have got to be kidding

    this is some mother earth father sky BS. i thought we have moved past this colours of the wind shit.
    im all for environmental safety but this shit is going too far. are the trees and rivers gonna start voting too?

    the only thing we can learn about this is that its beyond any reason and logic

    RoBot_rOcKer
  •  

    The Earth is art. 1 in a series of 1.

    recommended by huntre
    cleansouth
  •  

    People in Ecuador are so stupid.

    Just goes to show how far down the illogical rabbit-hole liberalism will take you.

    hew2702
  •  

    The global awakening is at hand...

    Bravo Ecuador!!!

    jkw077
  •  

    I think its amazing and bold. It shows a truly progressive state of mind, an understanding that nature and its components are not here just to be used, abused and destroyed. I hope more countries will follow this example (assuming they pass the bill).

    And to those who are so angry about Ecuador taking charge of their countries destiny, I wonder how you feel about corporate personhood?

    ClayCreature
  •  

    Brilliant Ecuador! Show the USA and all of the world what is right and good. We need leaders in this world if we are going to wage a battle with global warming.

    karnathis
  •  

    thank you ecuador

    donkeyfly69
  •  

    Brilliant, is absolutely right.

    Hear that popping sound? That's a million neo-con tiny little heads exploding. Them, and several fellow travellers on this page flailing about from the same spasm.

    Rivers can't vote or think? Wake up! Bad news, neither can corporations. And most of them, especially the crooked ones, we can do without. Water? Try it for 4 days - if you live write back.

    If this idea ever hits North America it will tie the neo-cons in knots permanently. And for the bewildered few on this page - looks like Armageddon, doesn't it?

    AveryMoore
  •  

    I personally dont care if the trees are cut down. The earth has been through a lot worse, and plants will surely outlive the rule of mankind. The only real choice is how disgusting a planet we want live in until we die. we'll never truly appreciate our beautiful Earth.

    hollowman218
  •  

    Should definitely happen. Why not. Air is what we all breathe to live. Water is what we all drink to live. Trees and other organisms are a must for us to LIVE. So if we need all these things to live, they help us, why shouldn't there be something that would protect em from being destroyed. If they go we are sure to follow. Humans are so cocky and so ignorant. We all depend on something to live. It cannot be done alone.

    crobertson2345
  •  

    hopefully ecuador's system will have some way of handling frivolous lawsuits .

    malathion
  •  

    Hollowman?

    Got a deal for you.

    A prominent political doctor tells you "We're arranging to give you all the money you ever wanted. For 1 whole week!"

    You say - "Great! Uh wait, what's the hook?"

    The Doc says - "After the week we cut out your lungs and sell them to an oil company exec with lung cancer."

    You say - "What happens to me?"

    Doc says - "Well look. He's important, you aren't. You die on the table, unimaginably rich!"

    Nobody ever gives you the news that cold, but it is that cold. If people wish to end their lives for whatever morbid reasons that's one thing - but to damage the lives of others through indifference to others and reckless abuse of the natural world - NO.

    Ecuador may yet lose on the referendum. But the point being made is that we are running out of living things to abuse. As we need protection from the elements, we too are an element from which the natural world has no defenses.

    It's time to balance that out.

    Otherwise you may start pining for that 1 week offer.

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    AveryMoore
  •  

    Putting the "mental" in environmentalism.

    Dmitri_Molotov
  •  

    Awesome!

    StrategoShogun
  •  

    My family is from Ecuador. Ecuador rocks for the environment!

    jubal
  •  

    Hooray for Ecuador! Lead the world in the right direction... you can't count on the USA to do anything like this.

    I may decide to become an attorney if I can fight for Mother Nature in the courts!

    Stradius
  •  

    so, like right now, in my happy place, i am packing my sailboat and moving to south america:)

    globewatcher
  •  

    It's incredible how cultures differ so greatly. Anyone this Native Americans would have done this if they were still in control of the continent?

    Everything they are protecting is necessary for basic functions of life so what's the big deal?

    It's all about balance.

    torybart
  •  

    I love ECUADOR =)

    EcuMatador

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