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The Rights of Nature

The
proposals developed by the Plurinational State of Bolivia bring together and
build upon the progress made in the World Charter for Nature  (1982), the
Rio Declaration (1994), the Earth Charter (2000), and the World People’s
Conference on Climate Change and the Rights of Mother Earth (2010):
I. A DEEPER COMMITMENT TO SUSTAINABLE DEVELOPMENT IN THE 21ST CENTURY
1. In
this century, the central challenges of sustainable development are: on the one
hand, to overcome poverty and the tremendous inequalities that exist and, on
the other hand, reestablish the equilibrium of the Earth system. Both
objectives are intrinsically linked and one cannot be reached independently of
the other.
2. It is
essential to recognize and affirm that growth has limits. The pursuit of
unending development on a finite planet is unsustainable and impossible. The
limit to development is defined by the regenerative capacity of the Earth’s
vital cycles. When growth begins to break that balance, as we see with global
warming, we can no longer speak of it as development, but rather, the deterioration
and destruction of our home. A certain level of growth and industrialization is
needed to satisfy basic needs and guarantee the human rights of a population,
but this level of “necessary development” is not about permanent growth, but
rather, balance among humans and with nature.
3. New
technologies will not allow unending economic growth. Scientific advances,
under some circumstances, can contribute to resolve certain problems of
development but can’t ignore the natural limits of the Earth system.
4. The
main challenge for the eradication of poverty is not to grow forever, but to
achieve an equitable distribution of the wealth that is possible under the
limits of the Earth system. In a world in which 1% of the population controls
50% of the wealth of the planet, it will not be possible to eradicate poverty
or restore harmony with nature.
5.
Sustainable development seeks to eradicate poverty in order to live well, not
generate wealthy people who live at the expense of the poor. The goal is the
satisfaction of basic human needs in order to allow for the development of
human capabilities and human happiness, strengthening community among human
beings and with Mother Earth.
6. To
end poverty and achieve an equitable distribution of wellbeing, the basic
resources and companies should be in the hands of the public sector and
society. Only a society that controls its principal sources of income can
aspire to a just distribution of the benefits needed to eliminate poverty.
7. The
so-called “developed” countries must reduce their levels of over-consumption
and overexploitation of resources of the world in order to reestablish harmony
among human beings and with nature, allowing for the sustainable development of
all developing countries.
8. Developing
countries should realize their right to development following patterns and
paradigms that are distinct from those of developed countries. It is not
sustainable or viable for all countries to follow the example of developed
countries without causing the collapse of our Earth system. The ecological
footprint of the developed countries is between 3 and 5 times larger than the
average ecological footprint that the Earth system can sustain without an
impact on its vital cycles.
9.
Sustainable development can only be achieved from a global perspective and
cannot be achieved only in the national level. The wellbeing of a country is
only sustainable if it also serves to contribute to the wellbeing of the entire
Earth system. The so-called developed countries are still far from reaching
sustainable development.
10.
Sustainable development should ensure equilibrium among the three pillars –
social, economic, and environmental – which are interrelated, preserving the
fundamental principle of common but differentiated responsibility.
II. THE NEW EMERGING CHALLENGE: RESTORING THE EQUILIBRIUM OF THE EARTH
SYSTEM
11. The
emerging challenges of the 21st Century are the product of exaggerated ambition
and accumulation of wealth concentrated in a few sectors, the exacerbation and
combination of different contradictions that were present in the last century.
The various crises that exist in the areas of food, energy, the environment,
climate, finance, water, and even institutions have reached chronic levels and are
feeding off of one another, in some cases to the point of no return.
12. We
are living an environmental crisis that, as it deepens, threatens the existence
of human beings and life as a whole.  The Earth is a living system and the
source of life. It is an indivisible, interdependent and interrelated community
comprised of human beings, nature, the atmosphere, hydrosphere, and geosphere.
The Earth system has intrinsic laws that regulate its functioning, articulating
the physical, chemical, biological and ecological elements in a manner that
makes life possible. Through the term Mother Earth, we express this
relationship of belonging to a system and respect for our home.
13.
Human activity is altering the dynamics and functioning of the Earth system to
a degree never before seen. The capitalist system is the principal cause of the
imbalance because it puts the rules of the market and the accumulation of
profit above the laws of nature. Nature is not simply a sum of elements, it’s
not a source of resources that can be exploited, modified, altered, privatized,
commercialized and transformed without any consequences.
14.
Human beings and nature are at the center of concerns for sustainable
development. It is essential to get beyond the anthropocentric vision. Until
now, no species besides Man has been able to modify the characteristics of the
planet in such a substantial way and in such a short period of time. It is
essential to restore and guarantee the existence, integrity, interrelation,
interaction and regeneration of the Earth system as a whole and of all of its
components in order to achieve a sustainable development that is capable of
confronting the multiple crises facing humanity and the planet today.
III. TOOLS FOR FIXING THE PERSISTENT GAPS AND ACHIEVE SUSTAINABLE
DEVELOPMENT
15. To
reestablish harmony with nature, we must recognize and respect the intrinsic
laws of nature and its vital cycles. Not only do human beings have a right to a
healthy life, but so do the other components and species belonging to the
system we call nature. In an interdependent and interrelated system like the
planet Earth, it is not possible to recognize the rights of just the human part
of the system without affecting the whole. Just as human beings have rights,
the Mother Earth also has the right to exist, the right to maintain its vital
cycles, the right to regeneration, the right to be free from structural
alteration, and the right to relate to the other parts of the Earth system. In
order to reestablish balance with nature, it is necessary to clearly establish
the obligations of humans toward nature, and to recognize that nature has
rights that should be respected, promoted, and defended.
16. We
have to end the system of consumption, waste and luxury. Millions of people are
dying of hunger in the poorest parts of the globe, while the richest spend
millions of dollars are spent to combat obesity. Developed countries must
change their unsustainable patterns of consumption, production, and waste
through public policies, regulations, the conscious and active participation of
society, This includes promoting ethics that value human beings for what they
are, not what they have.
17. It
is necessary to guarantee the human right to water, education, health,
communication, transportation, energy and sanitation. The provision of these
services must be essentially public and based on efficient social management,
not private business. The principal goal should be common wellbeing and not
private profit, in order to ensure that these services reach the poorest and
most marginalized sectors in an equitable manner.
18.
States should ensure the right of their populations to proper nutrition by
strengthening food sovereignty policies that promote: a) food production by
farmers, indigenous peoples and small agricultural producers; b) access to
land, water, seeds, credit and other resources for family and community
producers; c) the development of social and public enterprises for food
production, distribution, and sale that prevent hoarding and contribute to the
stability of food prices in domestic markets, thus halting speculative
practices and the destruction of local production; d) the right of citizens to
define and to know and have the proper information about what they consume, the
way their food is produced, and its origins; e) the right to healthy, varied
and nutritious food; f) the right to consume what is necessary and prioritize
local production; g) practices that contribute to reestablishing harmony with
nature, avoiding greater desertification, deforestation, and destruction of
biological diversity; h) the promotion of the use of indigenous seeds and
traditional knowledge. Food production and commercialization must be socially
regulated and cannot be left to free market forces.
19.
Without water, there is no life. Humans and all living things have the right to
water, but water also has rights. All States and peoples worldwide should work
together in solidarity to ensure that loss of vegetation, deforestation, the
pollution of the atmosphere and contamination are prevented from continuing to
alter the hydrological cycle. These cause desertification, lack of food,
temperature increase, sea level rise, migrations, acid rain, and
physical-chemical changes that could provoke the loss of genetic and species
diversity, damaging the health of ecosystems.
20.
Forests are essential to the balance and integrity of planet Earth and a key
element in the proper functioning of its ecosystems and the broader system of
which we are a part. Thus we cannot consider them as simple providers of goods
and services for human beings. The protection, preservation and recuperation of
forests is necessary in order to reestablish the balance of the Earth system.
Plantations that are planted for profit and promoted as carbon sinks and
providers of environmental services are not forests. Forests are not
plantations that can be reduced to their capacity to capture carbon and provide
environmental services. Native forests and woodlands are essential for the water
cycle, the atmosphere, biodiversity, the prevention of flooding, and the
preservation of ecosystems. Forests are also home to indigenous peoples and
communities. The preservation of forests should be pursued through integral and
participatory management plans that should be financed with public funding from
developed countries or specific taxes on the sectors with the greatest
consumption.
21. It
is essential to guarantee a real and effective reduction of greenhouse gases,
particularly on the part of the developed countries historically responsible
for climate change, in order to stabilize the increase in temperature to 1°C
during this century. We must therefore strengthen the Kyoto Protocol with a
second period of commitments by developed countries, instead of replacing it
with a more flexible voluntary agreement. It is necessary to eliminate carbon
market mechanisms and offsets so that real domestic reductions are made within
the countries with said obligations. South Africa should not be another Cancun,
delaying once again the central issue of substantive reductions in greenhouse
gas emissions.
22. All
forms of violence against women are incompatible with sustainable development.
Violence done to women in militarily occupied territories, domestic or sexual
violence, and discrimination in the workplace and in public spheres are
problems we must solve. We must link the issue of the economic role of women to
the protection of nature.
23. In
order for sustainable development to exist, it is essential to guarantee the
full application of the United Nations Declaration on the Rights of Indigenous
Peoples.
24.
Under the framework of common but differentiated responsibilities established
in the 1992 Rio Declaration, the so-called developed countries must assume and
pay their historical ecological debt for having contributed the most to the
deterioration of the Earth system. The payment of this ecological debt by
developed countries to developing countries and the sectors most affected among
their own populations should replace to the greatest possible degree the
ecological damage provoked. Developed countries should transfer financial
resources from public sources and also the effective transfer of socially and
ecologically appropriate technologies required by sovereign developing
countries.
25. The
enormous resources dedicated to defense, security and war budgets by developed
countries should be reduced. These resources should instead be used to address
the effects of climate change and the imbalance with nature. It is inexcusable
that 1.5 trillion dollars in public funding are used on these budgets, while,
to address the impacts of climate change in developing countries, they want to
dedicate just 100 billion dollars from public and private funds as well as
market sources.
26. A
financial transaction tax should be created to help build a Sustainable
Development Fund to attend to the sustainable development challenges faced by
developing countries. This financing mechanism should generate new, stable and
additional resources for developing countries. A tax of 0.05% applied on a
global level has the potential to capture $661 billion per year according to
ECLAC.[1] The mechanism of the international financial transaction tax can be
built in a voluntary and gradual manner with the participation of those
developed and developing countries that wish to participate.
27. The
Rio+20 Conference should not create market mechanisms with regard to nature,
biodiversity and the so called environmental services: a) The logic of the
market and monetary valuation applied to environmental services and
biodiversity will generate greater inequality in the distribution of those
resources, which are essential for humanity and Mother Earth; b) The
establishment of these market mechanisms will deepen the imbalance with nature
because they are driven by the search for maximum profits and not harmony with
nature; c) It will affect the sovereignty of our States and peoples by
generating new forms of property rights over the functions of nature that will
be in the hands of investors. These mechanisms are uncertain, volatile and the
source of financial speculation given that the bulk of the money they mobilize
will remain in the hands of intermediary actors.
28.
Sustainable development requires a new international financial architecture to
replace the World Bank and the IMF with entities that are democratic and
transparent, that respect national priorities and national independence in the
application of development strategies. These new institutions should have a
majority representation by developing countries and should act according to the
principles of solidarity and cooperation, rather than commercialization and
privatization.
29. It
is essential to create an effective Technology Transfer Mechanism that stems
from the demand and needs of the countries of the South for technologies that
are socially, culturally, and environmentally appropriate. Said mechanism
should not be a “show room” for the sale of technologies by rich countries. In
order to promote the exchange of scientific and technical knowledge, it is
essential to remove intellectual property barriers so that there might exist a
true transfer of environmentally friendly technologies from developed countries
to developing countries.
30.
Intellectual property rights over genes, microorganisms and other forms of life
are a threat to food sovereignty, biodiversity, access to medicine and other
elements that are essential for the survival of low-income populations. All
forms of intellectual property over life should be abolished.
31.
Gross Domestic Product is not an adequate means of measuring the development
and wellbeing of a society. Thus it is necessary to create indicators for
measuring the environmental destruction caused by certain economic activities
in order to advance toward sustainable development in harmony with nature,
integrating social and environmental aspects that are not aimed at the
commercialization of nature and its functions.
32.
Respect for the sovereignty of States is essential in the management and
protection of nature under the framework of cooperation among States.
33. No
identical solutions exist for all peoples. Human beings are
diverse. Our peoples have their own unique cultures and identities. To destroy
a culture is to threaten the identity of an entire people. Capitalism attempts
to homogenize us all to convert us into consumers. There has not been, nor will
there ever be, a single model for life that can save the world. We live and act
in a pluralistic world, and a pluralistic world should respect diversity, which
is itself synonymous with life. Respect for peaceful and harmonious
complementarity among the diverse cultures and economies, without exploitation
or discrimination against any single one, is essential for saving the planet,
humanity, and life.
34.
Peace is essential for sustainable development. There is no worse aggression
against humanity and Mother Earth than war and violence. War destroys life, and
it has a particularly strong impact on the poorest and most vulnerable. Nobody
and nothing is safe from war. Those that fight suffer, as do those that are
forced to go without bread in order to feed the war. Wars squander life and
natural resources.
35. An
International Tribunal of Environmental and Climate Justice must be established
to judge and sanction crimes against nature that transcend national borders,
violating the rights of nature and affecting humanity.
36. To
achieve sustainable development, it is necessary to promote public
associations, public-public associations among actors in different States,
public-social associations among different social sectors, and public-private
associations.
37. The
problems affecting humanity and nature require the exercise of global democracy
through the development of mechanisms of consultation and decision-making such
as referendums, plebiscites, or popular consultations so that the citizens of
the world as a whole may speak.
38.
Sustainable development is incompatible with all forms of imperialism and
neocolonialism. In order to stop imperialism and neocolonialism, it is
essential to end the imposition of conditionalities, military interventions,
coups and blackmail.
39. The
collective global response that is needed to confront the crisis we face
requires structural changes. We must change the system – not the climate or the
Earth system. In the hands of capitalism, everything is converted into
merchandise: water, earth genomes, ancestral cultures, justice, ethics and
life. It is essential to develop a pluralistic system based on the culture of
life and harmony among human beings and with nature; a system that promotes
sustainable development in the framework of solidarity, complementarity,
equity, social and economic justice, social participation, respect for
diversity, and peace.
IV. THE GREEN ECONOMY AND ITS DANGEROUS AND FALSE SOLUTIONS
40. At a
global scale, the supposed objective of the Green Economy of disassociating
economic growth from environmental deterioration is not viable. Those that
promote the Green Economy promote a three-dimensional capitalism that includes
physical capital, human capital, and natural capital (rivers, wetlands,
forests, coral reefs, biological diversity and other elements). For the Green
Economy, the food crisis, the climate crisis and the energy crisis share a
common characteristic: the failed allocation of capital. As a result, they try
to treat nature as capital – “natural capital.”
41. The
Green Economy considers it essential to put a price on the free services that
plants, animals and ecosystems offer to humanity in the struggle for the
conservation of biodiversity, water purification, pollination of plants, the
protection of coral reefs and regulation of the climate. For the Green Economy,
it is necessary to identify the specific functions of ecosystems and
biodiversity and assign them a monetary value, evaluate their current status,
set a limit after which they will cease to provide services, and concretize in
economic terms the cost of their conservation in order to develop a market for
each particular environmental service. For the Green Economy, the instruments
of the market are powerful tools for managing the “economic invisibility of
nature.”
42. One
of the examples most cited by the Green Economy is the initiative known as REDD
(Reducing Emissions through Deforestation and Forest Degradation), which
consists of isolating and measuring the capacity of the forest to capture and
store carbon dioxide in order to issue certificates for greenhouse gas
emissions reductions that can be commercialized and acquired by companies in
developed countries that cannot meet their mitigation commitments. In this way,
the developing countries will end up financing the developed countries.
43. It
is wrong to attempt to fragment nature into “environmental services” with a
monetary value for market exchange. We should not put a price on the capacity
of forests to act as carbon sinks, nor promote their commercialization as does
REDD. The market for carbon credits based on forests will lead to: a)
noncompliance with effective emission reduction commitments by developed
countries; b) the bulk of resources being appropriated by intermediaries and
financial entities and rarely benefitting countries, indigenous peoples and
forests themselves; c) the generation of speculative bubbles based on the sale
and purchase of said certificates; and d) the establishment of new property
rights over the capacity of forests to capture carbon dioxide, which will clash
with the sovereign rights of States and the indigenous peoples that live in
forests. The promotion of market mechanisms based on the economic needs of
developing countries is a new form of neocolonialism.
44. The
postulates promoted under the Green Economy are wrong. The current
environmental and climate crisis is not a simple market failure. The solution
is not to put a price on nature. Nature is not a form of capital. It is wrong
to say that we only value that which has a price, an owner, and brings profits.
The market mechanisms that permit exchange among human beings and nations have
proven incapable of contributing to an equitable distribution of wealth. The
Green Economy should not distort the fundamental principles of sustainable
development.
45. Not
all that glitters is gold. Not all that is labeled “green” is environmentally
friendly. We must use the precautionary principle and deeply analyze the
different “green” alternatives that are presented before proceeding with their
experimentation and implementation.
46.
Nature cannot be subject to manipulation by new technologies without
consequences in the future. History shows us that many dangerous technologies
have been released in the market before their environmental or health impacts
are known, or before their social and economic impacts on poor people and
developing countries are understood. This is currently the case with
genetically modified organisms, agrochemicals, biofuels, nanotechnology, and
synthetic biology. These technologies should be avoided.
47.
Geoengineering and all forms of artificial manipulation of the climate should
be prohibited, for they bring the enormous risk of further destabilizing the
climate, biodiversity and nature.
48. It
is necessary to create public and multilateral mechanisms within the United
Nations to evaluate in an independent manner and without conflict of interest
the potential environmental, health, social, and economic impacts of new
technologies before they are spread. This mechanism must involve transparency
and social participation by potentially affected groups.
49.
“Green” capitalism will bring about natural resource grabbing, displacing
humanity and nature from the essential elements needed for their survival. The
drive for profit, instead of reestablishing harmony within the system, will
provoke even greater imbalances, concentrations of wealth, and speculative
processes.
V. INSTITUTIONAL FRAMEWORK FOR SUSTINABLE DEVELOPMENT
50. The
institutional architecture of the United Nations for sustainable development
should establish a structure to promote balanced and equal treatment of the
three pillars: the economic, social, and environmental. This institutional
architecture should articulate and coordinate the different authorities
involved in order to avoid overlapping efforts and achieve effective
coordination.
51. The
Economic Pillar should determine the sustainable development agendas of
economic and commercial organizations such as the WTO, the World Bank and IMF.
Without an effective integration among these entities, the institutional
framework will be unable to define the economic policies necessary to achieve
sustainable development while respecting national priorities and national
independence and with transparent and socially acceptable management.
52. The
Social Pillar should coordinate entities such as ILO, WHO, UNESCO, UN-Women,
the Indigenous Permanent Forum and others in order to improve their actions and
impacts in the struggle for the eradication of poverty.
53. The
Environmental Pillar should stem from a better coordination and implementation
of the different Conventions (UNFCCC, UNCCD, CBD) and the incorporation of all
environmental issues including water.
54. The
coordination of these three pillars should be under the auspices of a Council
for Sustainable Development that is created on the basis of what is now the
Commission on Sustainable Development. It should be at the level of a Council
that would function as a subsidiary body of the General Assembly, guaranteeing
a fundamental role for States, coordinating with the Economic and Social
Council, and with regular functioning to follow up on and implement the goals
and mechanisms agreed and resolutions adopted.
55.
Developing countries should have a majority representation in said Council, and
its functioning should be democratic and transparent.
56. The
Council for Sustainable Development should include mechanisms for the
participation of civil society and non-governmental organizations especially
organizations representing workers, indigenous peoples, farmers, small
agricultural producers and fishermen, women, youth and consumers. The private
sector cannot have the same amount of influence as the social sectors, given
that, by definition, its goal is to create profit rather than social wellbeing.
The linking of the Sustainable Development Council with the different social
actors should occur through a Consultative Group.
Michele Maynard
Policy & Advocacy Officer
Pan African Climate Justice Alliance (PACJA)
Continental Secretariat