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The Law of Mother Earth, by Bolivia

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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

Lucknow’s megalomanic mahout

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Bahujan Samaj Party (BSP) posters and hoardings in LucknowLucknow is a city beseiged by the blue elephant of the Bahujan Samaj Party and its mahout, the chief minister of Uttar Pradesh, Behen Kumari Sushri Mayawatiji. She has taken over a mammoth portion of city land, on both banks of the river Gomti, and upon which gigantic memorials are being built. Scorning all hindrances (such as Supreme Court of India and High Court stays) and opponents (they are fewer and more feeble now) construction is proceeding steadily on a variety of monuments.

It is a landscape based in stone (judging by the delicate pink colour, it must be an expensive stone). There is not a square foot of grass to be seen amongst all the stone acres of Ambedkar Park – whose ‘official’ name is the more impressive Ambedkar Samajik Parivartan Sthal. There is not a tree to be seen in the dusty acres relieved only by dry hot stone columns and pillars, stelae and towers. The scale makes no sense whatsoever – it has no relation at all to the densely packed residential neighbourhoods of Lucknow that this stone landscape has been robbed from.

Ambedkar park in LucknowThe kilometres of stone wall – clumsily ornate – that suround the giant Sthal are edged by a pavement it is impossible to walk on because the struggling saplings embedded in the pavement are enclosed completely by a tight orb of metal caging. To look at this immense folly is to see the senseless diminution of nature, the callousness to humans and a complete insensitivity to a wonderful city’s brocaded history.

Today, the mahout hovers over every chowk in Lucknow like a gorgon, bedecked with multiple rows of blue BSP buntings that line every single street and galli and avenue (except in the cantonment). What has this insensate throwback to pharaonic glory cost the state of Uttar Pradesh? In early 2008, this is what a report in the Indian Express had to say:

Bahujan Samaj Party (BSP) posters and hoardings in Lucknow“Uttar Pradesh has an urban population of 34.5 million with a need for 320,000 every year. But consider this: in 2007-08, the government has spent 65% of the Housing department’s budget — meant for housing and urban development projects — on Chief Minister Mayawati’s statuesque tribute to Ambedkar, the Ambedkar Samajik Parivartan Sthal. In the present fiscal, 40% of the department’s budget has been earmarked for this colossal project. A close study of the Housing department’s budget shows that there are only two schemes in the budget of 2008-09 under the Urban Development Scheme — the Ambedkar Samajik Parivartan Sthal and Ramabai Park, which is now part of the Sthal. Of the other 13 schemes, under the head of Urban Development, seven are memorials or parks in the name of Kanshi Ram and Ambedkar, which are being built in the state capital.”

Bahujan Samaj Party (BSP) posters and hoardings in LucknowThe mahout with the dinky handbag has unhoused the poor and needy of Lucknow to construct her messianic stone dreams. What of the Gomti and its heritage-rich landscapes? To begin to understand what has been, as the Americans say, paved over, you should read Chinki Sinha’s description, an extract of which is:

“Squeezed in between the river bank and the Dariya Wali Masjid and across from the King George’s Medical College (now called Chhatrapati Shahuji Maharaj Medical University), this was where kite fliers of repute would tug at their strings and fight fierce and colourful battles in the skies. Jafar Mir Abdullah would often stop by at the ground on his way home from La Martinere, where he studied at the time, to see the spectacle. Kan kauwe bazi or kite flying was a favourite sport in Lucknow. As a 10-year-old in 1952, he loved looking at the horizon that was painted in different hues in the twilight hour, the war cries resounding for miles. He loved watching the kite runners as they ran through the labyrinthine streets to grab fallen kites, raising dust as they sprinted.”

The Lahori astrolabist

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Image from Archnet, Lahore collectionLahore is the city of Mughal heritage. Grand buildings with delicate landscaping express the story of a splendid era of building construction. Some chapters of this monumental architecture have been torn or distorted by subsequent rulers and others are slowly turning to ruin but still stand as a witness of Mughal grandeur, as these wonderful images from the architectural website Archnet demonstrate. Lahore contains three gems of Mughal architectural treasure: Lahore Fort, Jehangir’s tomb and Shalimar Gardens. The fort and gardens were declared Unesco World Heritage Sites in 1981.

Raza Rumi, a freelance writer from Pakistan, writes an evocative diary of Lahore at ‘Lahore Nama’ (he also writes regularly for the Pakistani weekly The Friday Times, The News and Daily Dawn).

“Mughal Empress Noor Jehan (d. 1645) was prophetic when she composed the epitaph for her own grave,” he writes. “It runs thus: ‘Pity us, for at our tomb no lamp shall light, no flowers seen/ No moth wings shall burn, no nightingales sing’. What she did not foresee was that a similar fate would befall the nearby tombs of her brother Asif Khan and husband Emperor Jehangir at Shahdara.”

Image from Archnet, Lahore collection“They too were laid to rest in the empress’s once delightful and sprawling Dilkusha Gardens across the Ravi river from the imperial Lahore Fort. The legendary Mughal couple so cherished Lahore that both chose it as their last abode. Little did they know that in times to come, an indifferent archaeology department would be made the custodian of their tombs.”

But there is an astonishing tale obscured in the Mughal history of Lahore. In the sixteenth and seventeenth centuries in northwest India a Lahori family maintained a remarkable workshop that, through four generations, produced numerous well-made scientific instruments, in particular planispheric astrolabes and celestial globes.

Lahore, on the upper course of the Indus river, was then the capital of the Mughal province (or suba) of the same name, later called the Punjab. The activity of these metalworkers covered the reigns of the second through the ninth Mughal rulers of India, who spoke the vernacular Turki but maintained Persian as the official language of the court.

Islamicate celestial globe

Globe dated 1055 H/AD 1645-1646, by Diya-al-Din Muhammad of the Lahore workshop

“The earliest extant instrument by this family is an astrolabe made in 975 H/AD 1567-1568 by the apparent founder of the workshop, Allahdad. He called himself simply Ustadh Allahdad Asturlabi Lahuri, that is. Master-craftsman Allahdad, the Astrolabist from Lahore.’

“Three extant astrolabes were made by him, only one of which is dated. The name Allahdad is a compound of Allah (God) and dad (gift),” wrote Emilie Savage-Smith in her extraordinary research work, ‘Islamicate Celestial Globes: Their History, Construction, and Use’ (Smithsonian Institution Press, Washington, D.C., 1985).

“It is only from other members of the family—his grandsons and greatgrandsons—that further information about Allahdad can be gathered.”

“In the name as it is written by later family members, Shaykh Allahdad Asturlabi Humayuni Lahuri, it is likely that Humayuni was intended to indicate the fact that the founder of the workshop had lived at the time of Humayun, who ruled India from 1530 to 1556 as the son and successor of Babur, the Timurid conqueror who had come from Kabul in the Afghan mountains into the Indus plain to found the Mughal dynasty in India.”