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The Law of Mother Earth, by Bolivia

with 15 comments

Bolivian indigenous people celebrate sunrise during a winter solstice ceremony in Tiwanaku, about 70 kilometers from the capital of La Paz, on Monday. The winter solstice coincides with the start of the New Year for South America's Aymara Indians. Photo: National Geographic/ David Mercado, Reuters

A consensus translation of the Law of Mother Earth has appeared on a number of websites and blogs now, no doubt a result of much collaboration between Spanish and other language speakers. Here it is, with thanks to Mother Pelican, A Journal of Sustainable Human Development and to No Unsacred Place.

Legislative Assembly of the Multi-National State of Bolivia

DECREE

Law of Rights of Mother Earth

Chapter 1 – Objective and Principles

Article 1. (Objective). The present Law has as its objective the recognition of the rights of Mother Earth, as well as the obligations and duties of the Multi-national State and of its Society, to guarantee respect of these rights.

Article 2. (First Principles). The First Principles which govern the current law, and with which compliance is an obligation, are:

1. Harmony. Human activities, in the framework of plurality and diversity, should achieve dynamic balance with the cycles and processes inherent to Mother Earth.

2. Collective Good. Societal interests, in the framework of the rights of Mother Earth, prevail in all human activity and over any other acquired rights.

3. Guarantee of Regeneration of Mother Earth. The State, at its varying levels, and society, in harmony with the common interest, should guarantee the conditions necessary for the diverse living systems of Mother Earth to absorb damages, adapt to disturbances, and regenerate itself without significant alteration to its structure and functionality, realizing that living systems have limits in their abilities to regenerate themselves, and that humanity has limits in its ability to reverse its effects.

4. Respect and Defense of the Rights of Mother Earth. The State and any other individual or collective persons shall respect, protect and guarantee the rights of Mother Earth for the well-being of existing and future generations.

5. No Commercialization. That life systems cannot be commercialized, nor the processes that sustain them, nor form part of the private inheritance of anyone.

6. Multi-cultural. The exercise of the rights of Mother Earth requires the understanding, recovery, respect, protection and dialogue of the diversity of sensitivities, values, knowledge, understandings, practices, abilities, transcendences, sciences, technologies and standards, of all the world cultures that seek harmonious coexistence with the natural world.

Chapter II – Mother Earth, Definition and Characterization

Article 3. (Mother Earth) Mother Earth is the living dynamic system comprised of the inter-related, interdependent and complementary indivisible community of all life systems and living beings that share a common destiny.

Mother Earth is considered to be sacred, as per the cosmologies of the nations of rural indigenous peoples.

Article 4. (Life Systems) They are complex and dynamic communities of plants, animals, micro-organisms and other beings in their entirety, in which human communities and the rest of nature interact as a functional unit, under the influence of climatic, physiographic and geologic factors, as well as the productive practices and cultural diversity of Bolivians of both genders, and the cosmologies of the nations of rural indigenous peoples, the intercultural communities and the Afro-Bolivians.

Article 5. (Legal Character of Mother Earth) In order to be protected and for the teaching of her rights, Mother Earth adopts the characteristics of collective rights of public interest. Mother Earth and all its components, including human communities, are owners of the rights inherently understood in this Law. The application of Mother Earth’s rights shall take into account the specificities and particularities of its diverse components. Those rights established in this Law do not limit the existence of other rights of Mother Earth.

Article 6. (Exercise of the Rights of Mother Earth) All Bolivians of either gender, as part of the community of beings which comprise Mother Earth, exercise the rights established in this Law, in a manner that is compatible with individual and collective rights.

The exercise of individual rights is limited by the exercise of collective rights of the living systems of Mother Earth, any conflict among these shall be resolved in a manner that does not irreversibly affect the functionality of those living systems.

Chillies on sale at a market in Cochabamba, Bolivia. Photo: Smithsonian Magazine

Chapter III – Rights of Mother Earth

Article 7. (Rights of Mother Earth)

I. Mother Earth has the following rights:

1. To Life: It is the right to the maintenance of the integrity of living systems and natural processes which sustain them, as well as the capacities and conditions for their renewal.

2. To the diversity of life: It is the right to the preservation of the differentiation and variety of the beings that comprise Mother Earth, without being genetically altered, nor artificially modified in their structure, in such a manner that threatens their existence, functioning and future potential.

3. To Water: It is the right of the functionality of the water cycles, of its existence and quantity, and the quality necessary to sustain living systems, and their protection with regards to contamination, for renewal of the life of Mother Earth and all its components.

4. To Clean Air: It is the right of the preservation of the quality and composition of air to sustain living systems and their protection with regards to contamination, for renewal of the life of Mother Earth and all its components.

5. To Balance: It is the right to maintenance or restoration of the inter-relation, interdependence, ability to complement and functionality of the components of Mother Earth, in a balanced manner for the continuation of its cycles and the renewal of its vital processes.

6. To Restoration: It is the right to the effective and opportune restoration of its living systems affected by direct or indirect human activities.

7. To live Free of Contamination: It is the right for preservation of Mother Earth and any of its components with regards to toxic and radioactive wastes generated by human activities.

Chapter IV – Obligations of the State and Social Duties

Article 8. (Obligations of the Multi-national State) The Multi-national State, at all its levels and all its territories, and across all its institutions and authorities, has the following obligations:

1. Develop public policies and systematic preventive actions, early alert, protection and prevention, to avoid human activities that lead to extinction of populations, the alteration of cycles and processes that guarantee life, or the destruction of living systems, including the cultural systems that are part of Mother Earth.

2. Develop balanced forms of production and patterns of consumption for the well-being of the Bolivian peoples, safeguarding the regenerative capacities and integrity of the processes and vital balances of Mother Earth.

Pachamama on Condoriri. Scratchboard drawing by Janet Morgan. Evocation of Bolivian indigenous people's Earth Mother Goddess.

3. Develop policies to defend Mother Earth, in the environment of multi-national and international over-exploitation of components, against the commercialization of living systems or the processes that sustain them, and of the structural causes of Global Climate Change and its effects.

4. Develop policies to ensure the sustainability of power generation in the long run by means of saving, increases in efficiency and the gradual incorporation of clean and renewable alternative sources of power.

5. Demand in the international arena the understanding of the environmental debt by means of financing and technology transfer of clean technologies that are clean, effective and compatible with the rights of Mother Earth, as well as other mechanisms.

6. Promote peace and the elimination of all nuclear, chemical and biological weapons of mass destruction.

7. Promote the understanding and defense of the rights of Mother Earth in arena of multilateral, regional and bilateral international relationships.

Article 9. (Duties of the Persons) It is the duty of public or private natural and juridical persons:

1. To defend and respect the rights of Mother Earth.

2. To promote harmony on Mother Earth and in all its relationships with the rest of the human communities and natural living systems.

3. To participate in an active form, personally or collectively, in the generation of proposals aimed at the respect for and defense of the rights of Mother Earth.

4. To take up production and consumption practices in harmony with the rights of Mother Earth.

5. To ensure sustainable use and exploitation of Mother Earth’s components.

6. To denounce all acts against the rights of Mother Earth, its living systems and/or its components.

7. To attend meetings of competent authorities or civil society oriented at conservation and/or protection of the rights of Mother Earth.

Article 10. (Ombudsman of Mother Earth). The position of Ombudsman of Mother Earth is created, whose mission is to watch over the applicability to, promotion and diffusion of, and compliance with the rights of Mother Earth established in this Law. A special law will establish its structure, function and attributes.

Remitted to the Executive Agency, for constitutional ends.

Given in the Sessions Chamber of the Multi-National Legislative Assembly, on the seventh day of the month of December, 2010.

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Written by makanaka

June 6, 2011 at 23:15

15 Responses

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  1. How does the Bolivian State reconcile the contradiction — on the one hand advocating for rights of nature and on the other hand opening its borders to genetically engineered organisms?

    neema

    June 15, 2011 at 10:45

  2. I’m really glad to have found your blog and see that you have two of the same interests as me – the Dongria Kondh and Bolivia’s new legislation. I recently visited Orissa to see things for myself, and hope to go to Bolivia within the next couple of years. I’m an anthropology student living in the UK.

    Amy Hannington

    June 22, 2011 at 22:14

    • Hi Amy, thank you for your message. Yes I suppose all those with a similar view will be looking at subjects like the Kondh and Bolivia. Part of the same effort to have more people and nature justice. Did you do a study of the Kondh while you were there? Once again there’s trouble in Orissa with the land acquisition for steel company Posco.

      makanaka

      June 23, 2011 at 08:23

  3. [...] Check out the consensus translation of the document in English here. [...]

  4. [...] Check out the consensus translation of the document in English here. [...]

  5. 5. No Commercialization. That life systems cannot be commercialized, nor the processes that sustain them, nor form part of the private inheritance of anyone.

    There are arguments why energy in the modern civilization cannot be private either: Modern economic instability and the problem of surplus distribution from a natural science viewpoint.

    2s3c

    December 16, 2011 at 09:57

  6. [...] Bolivian “Law Of Rights Of Mother Earth” describes earth this way: Article 3. (Mother Earth) Mother Earth is the living dynamic system [...]

  7. [...] can re-read the stirring ‘The Law of Mother Earth’, and here is a little more from ‘The Rights of [...]

  8. [...] Check out the consensus translation of the document in English here. [...]

  9. [...] new Mother Earth law, elaborating on a declaratory“short law” adopted by the Bolivian congress in December 2010, has been a high priority for Bolivia’s [...]

  10. [...] new Mother Earth law, elaborating on a declaratory “short law” adopted by the Bolivian congress in December 2010, has been a high priority for Bolivia’s [...]

  11. [...] Bolivia recently made international headlines by enacting a law that contains eleven principles giving “Mother Earth” legal rights.  Now I want to clarify–my understanding of these is that they aren’t considered [...]


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