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rights of nature
Want to Protect Coral Reefs? Recognize the Rights of Nature
The escalating coral bleaching crisis must serve as a call to action, not just for environmental protection, but for a transformative shift in how we view and relate to Nature.
Nov 12, 2024
Amid the most widespread coral reef bleaching ever recorded, we face a crucial question: How can we implement effective, holistic protections for coral reefs?
For over 30 years, governments and civil society have gathered at United Nations Climate Change Conferences, yet the results have often been superficial and ineffective. Despite scientists’ urgent warnings about the devastating effects of warming beyond 1.5°C, proposed mitigation targets remain unmet, and accountability is absent due to non-binding agreements. Climate policies have largely centered on humanity’s needs in the name of development and economic growth, neglecting the equally vital futures of other species. This oversight has led to repeated failures for Nature, contributing to today’s largest recorded coral bleaching event across 74 countries. Now, scientists warn that even 1.5°C may be too much for coral and ocean health.
News headlines keep warning us of a point of no return, calling attention to fires in the Amazon and yet another massive coral bleaching event. This may seem distant from our daily lives, but the truth is that the problem is closer than we realize—and solutions lie within each of us. Recognizing the inherent Rights of Nature is one such solution.
What Are the Rights of Nature?
Recognizing and respecting Nature’s rights holds the potential to change humanity's relationship with our planet. The Rights of Nature movement traces its roots to Christopher Stone’s 1972 book Should Trees Have Standing? Since then, countless scholars, scientists, and activists have joined the call to recognize Nature’s inherent rights and our responsibility to all other beings with whom we are interconnected.
The Rights of Nature is now a powerful global movement aiming to transform human consciousness, redesign unsustainable economic and social systems, and provide a framework for living in harmony with Nature. Drawing on the wisdom of ancient and Indigenous cultures and leveraging modern law, the movement seeks a balanced relationship between humankind and all forms of life, honoring the natural equilibrium of our biosphere.
Recognizing the rights of corals ensures a holistic approach to ocean protection, safeguarding these crucial ecosystems so they can continue to exist, persist, and regenerate their life-sustaining cycles.
Recognizing the inherent Rights of Nature to protect the future of coral reefs provides a real and holistic solution not only to corals but to the well-being of all species that live among them. The escalating coral bleaching crisis must serve as a call to action, not just for environmental protection, but for a transformative shift in how we view and relate to Nature. By recognizing coral reefs as living entities with inherent rights through the Rights of Nature framework, we move beyond traditional conservation approaches. This holistic lens not only restores and protects coral ecosystems but also elevates the voices and rights of Indigenous communities, whose knowledge and stewardship are vital to these ecosystems’ survival. Granting legal rights to reefs ensures their protection from exploitation and destruction while fostering a deeper respect for the interconnectedness of all life. It’s a crucial step toward securing the future of coral reefs and the communities that depend on them.
Have Coral Reefs Been Granted Rights Around the World?
The Rights of Nature movement allows for a flexible approach, enabling creative implementation tailored to different environments and legal systems. In Ecuador, these rights were embedded in the Constitution in 2008, while Panama established them as National Law (Law 287) in 2022. Various initiatives and campaigns for Ocean Rights, encompassing diverse marine ecosystems, are underway—a majority of them featured in the EcoJurisprudence Monitor.
Just this past September, the Rights of Nature movement had a big win led by the Leatherback Project and local entities when Panama adopted the Saboga Wildlife Refuge under Resolution N° DM-0361-2024, protecting critical sea turtle habitat and recognizing corals’ rights to regenerate their vital cycles. The resolution proposes to “promote the protection of the Rights of Nature, enshrined in Law 287 of 2022, ensuring that the ecosystems within the Saboga Wildlife Refuge are treated as subjects of rights, with the aim of preserving their integrity, regeneration, and ecological balance.” Additionally, the law recognizes the rights of corals to regenerate under this specific clause: “Promote the protection, conservation, and restoration of coral reefs and seagrass meadows, recognizing their importance as critical habitats for marine biodiversity and as fundamental components for the ecological health of the protected area and its resilience to climate change.” The protection of the Saboga Wildlife Refuge will require Panama’s action even beyond the borders of the reserve, as upholding coral and sea turtles' rights will not depend only on what happens inside protected areas.
Who Can Benefit From Corals Having Their Rights Recognized?
Listing coral reefs’ contributions to a healthy ocean could go on endlessly. Thriving coral reefs support thriving ocean life, provide essential nurseries for marine species, and offer reliable food sources. Recognizing the rights of corals ensures a holistic approach to ocean protection, safeguarding these crucial ecosystems so they can continue to exist, persist, and regenerate their life-sustaining cycles. As scientists warn, rising ocean temperatures are damaging coral reefs, making urgent action essential. Oceans know no borders, and governments must implement bold climate mitigation measures to halt and reverse ecosystem degradation. Recognizing Nature’s rights offers an effective and bold solution to achieving this goal. In summary, all benefit from coral reefs having their rights recognized.
How the Rights of Nature Are Being Used Around the World
From Antarctica to the Amazon rainforest to rivers in Bangladesh, the Rights of Nature movement is working to holistically protect vital ecosystems through principles rooted in ancient wisdom and the undoubted connection between humans and Nature. We need to restore our connection to Mother Earth and act boldly for the implementation of real, effective solutions to the polycrises we are facing today. The Rights of Nature movement offers hope for future generations, both human and non-human.
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Nations Urged to Bolster Biodiversity Plans by Enshrining Rights of Nature
"Just as the Human Rights Declaration paved the way for peace after WWII, we must now make nature's rights a global priority."
Oct 03, 2024
A report released Thursday, ahead of a summit in Colombia, argues that "recognition of the Rights of Nature and national implementation of Mother Earth-centric actions are critical for meeting the 2030 and 2050 goals of the Kunming-Montreal Global Biodiversity Framework."
Finalized in late 2022, the framework aims to protect 30% of all land and water vital to species and ecosystems by 2030. The new publication urges governments to include ecocentric commitments in their National Biodiversity Strategies and Action Plans (NBSAPs), which are each country's proposal to meet the goals of the agreement.
"To halt and reverse the biodiversity crisis, nations must urgently transform their laws and societies to live in harmony with nature," said report co-author and Earth Law Center (ELC) executive director Grant Wilson in a statement.
"The Global Biodiversity Framework presents an unprecedented opportunity to advance the Rights of Nature and other transformative legal paradigms for the planet," Wilson continued. "For many countries, this could also mean receiving significant financial support, catalyzing a profound shift in how we relate to and protect the natural world."
"Acknowledging the Rights of Nature and Mother Earth should be at the top of the priority list of the biodiversity convention, not merely in the footnote."
As the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services explains, Rights of Nature "is a legal instrument that enables nature, wholly or partly, i.e. ecosystems or species, to have inherent rights and legally should have the same protection as people and corporations; that ecosystems and species have legal rights to exist, thrive and regenerate. It enables the defense of the environment in court—not only for the benefit of people, but for the sake of nature itself."
The new report emphasizes that Target 19 of the framework "seeks to mobilize at least $200 billion per year by 2030—from domestic, international, public, and private resources—to implement national biodiversity strategies and action plans," and "explicitly stipulates... funds will be available for enhancing 'Mother Earth-centric actions.'"
The paper was produced by ELC with support from End Ecocide Sweden, Keystone Species Alliance, Lawyers for Nature, and Rights of Mother Earth. It comes ahead of the next meeting of the Conference of the Parties to the Convention on Biological Diversity (COP16), set to be held in Cali from October 21 to November 1.
"To achieve COP16's theme of 'Peace with Nature,' acknowledging the Rights of Nature and Mother Earth should be at the top of the priority list of the biodiversity convention, not merely in the footnote," said Rights of Mother Earth co-founder Doris Ragettli. "Just as the Human Rights Declaration paved the way for peace after WWII, we must now make nature's rights a global priority."
Noting that the paper shows "over 30 countries already recognize Rights of Nature through constitutional provisions, laws, or court decisions," Lawyers for Nature affiliate Jeremie Gilbert similarly said that "achieving 'Peace with Nature' requires incorporating these rights into biodiversity conservation efforts globally."
Just last week, communities in Chile launched a Declaration of Rights to protect the Biobío River "against mounting environmental threats." While the river is the first ecosystem in the South American country protected by such action, the declaration followed other recent progress on the continent, including a court decision in Peru that granted rights to the Marañón River and a ruling in Ecuador that found pollution violated the rights of the Machángara River.
The recognition of the waterway's rights in Chile is "a bridge that not only guarantees the inherent value of rivers and natural entities, but is also key to the full realization of the human rights of their communities," said Constanza Prieto Figelist, Latin America director for ELC.
"It is incredibly inspiring to see people from all over the world with diverse interests uniting to uphold the intrinsic value of nature."
ELC noted that Thursday's report "was primarily authored by law school and undergraduate interns working alongside sponsoring organizations. These youth advocates, increasingly vocal in their support of Rights of Nature and ecocentric law, will join the Earth Law Center delegation at COP16 to engage with governments on how to implement transformative Earth-centered policies."
Emily Zinkula, a Stanford Law School student who contributed to the paper as an ELC intern, said that "it is incredibly inspiring to see people from all over the world with diverse interests uniting to uphold the intrinsic value of nature."
"For many of us, nature's right to be protected feels intuitive," Zinkula added. "Seeing ELC and its partners tirelessly work to turn that intuition into a global truth is empowering. The recognition of nature's rights by global leaders gives much-needed hope, courage, and validation to a generation longing for it."
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Landmark Declaration of Rights Safeguards Biobío River in Chile
"A paradigm shift is necessary," said an advocacy group. "Let's recognize now that the Biobío River has value in itself."
Sep 25, 2024
Biodiversity and Rights of Nature defenders celebrated a "historic moment" on Wednesday as communities in Chile joined advocacy groups in launching the first Declaration of Rights protecting an ecosystem in the South American country, with the document aiming to safeguard "the rights of Chile's Biobío River against mounting environmental threats."
Communities located along the river—the second-longest in the country—joined environmental advocates, Indigenous tribes including the Pehuenche and Lafkenche people, and scientists in several months of "participatory dialogues" to determine how to protect the Biobío River from industrialization and other threats to the countless species it supports and to the river itself.
International Rivers, a group dedicated to protecting free-flowing rivers around the globe, said that the "cornerstone of the declaration lies in its profound acknowledgment of the intrinsic value held by the Biobío River" and its right to flow unimpeded by hydroelectic projects, disruptions to the riverbed, and other activities.
The Declaration of Rights affirms the river's right to:
- Adequate flow to sustain the health of surrounding ecosystems;
- Unhindered flow and connectivity from the mountains to the sea;
- Preservation of structural integrity, vital functions, and evolutionary processes;
- Safeguarding native biodiversity; and
- Ongoing regeneration and restoration efforts, fostered through enduring partnerships with riverside communities.
According to International Rivers, major concerns of riverside communities and Indigenous people who have deep cultural connections to the river include ongoing hydroelectric projects including the Rucalhue and Frontera Hydroelectric Plants, which would join three that have already been completed.
Another proposed plant is in the planning stages, and like the others would "jeopardize the river's flow and water quality, resulting in loss of native biodiversity and affecting fish migration and ultimately leading to irreversible damage," said International Rivers.
The riverbed structure and water quality have also suffered from both legal and illegal extraction of boulders, rubble, gravel, and sand that have been taken for use in construction, and ecosystem defenders have warned about the negative impact of proposed road infrastructure projects in the Biobío region.
Projects including the Concesión Vial Puente Industrial, a viaduct and road connection, and road projects such as Costa Mar and Costanera "would cause the total destruction of the wetlands of these localities," said the group.
"These developments underscore the inadequacy of the national legal framework in ensuring the protection of riparian ecosystems and citizen participation, lacking international standards that prioritize sustainable development in harmony with nature," said International Rivers.
Alejandro Gatica, a member of the community group Defensa Ribera Norte Chiguayante, said the Declaration of Rights "revalues and protects the water network," which is "in an environmental crisis due to extractivist actions on its banks, with uncontrolled logging, lack of protection of its wetlands, and the coastal project that threatens to intervene in its structure."
In a video about the Declaration of Rights, International Rivers said the Biobío "has been sadly silenced" by industrialization, despite the crucial support it provides to "multiple ecosystems and countless riverine and terrestrial species, many of them endemic," in addition to "water security and food sovereignty of its riparian communities for whom it is a crucial element in agriculture, fishing, and tourism."
"When we deny its right to flow we are silencing it. When we pollute, exploit, degrade, and urbanize it we are silencing it. When we block its access and connection to communities we are silencing it," said the group. "A paradigm shift is necessary. Let's recognize now that the Biobío River has value in itself."
The launch of the declaration "signifies a pivotal moment," said Monti Aguirre, Latin America program director of International Rivers.
"This initiative underscores our shared dedication to preserving this vital ecosystem amidst mounting destructive pressures," said Aguirre. "The well-being of the Biobío River, along with that of surrounding communities, is imperiled by the pressures imposed on its ecosystem, stemming from established dams such as Ralco, Pangue, and Angostura, as well as proposed hydro-projects and extractive activities."
The recognition of the waterway's rights is "a bridge that not only guarantees the inherent value of rivers and natural entities, but is also key to the full realization of the human rights of their communities," said Constanza Prieto Figelist, Latin America director for Earth Law Center.
The international Rights of Nature movement has celebrated several victories in South America in recent months, including a court decision in Peru that granted rights to the Marañón River and a ruling in Ecuador that found pollution violated the rights of the Machángara River.
"The Rights of Nature favor the incorporation of more powerful standards of environmental protection and citizen participation in environmental issues through, for example, the figure of representatives or guardians of nature," she said. "Likewise, comparative experience shows that they are a powerful instrument for combating activities that favor biodiversity loss or climate change."
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