THE LAW OF MOTHER EARTH INCLUDES THE FOLLOWING:
The right to clean
air.
The right to
balance, to be at equilibrium.
The right to be
free of toxic and radioactive pollution.
The right to not
be affected by mega-infrastructure and development projects that affect the
balance of ecosystems and the local inhabitant communities
The law also
promotes “harmony” and “peace” and “the elimination of all nuclear, chemical,
biological” weapons.
May 30, 2012
Law of Mother Earth sees
Bolivia pilot new social and economic model based on protection of and respect
for nature.
Bolivia is to become the
first country in the world to give nature comprehensive legal rights in an
effort to halt climate change and the exploitation of the natural world, and to
improve quality of life for the Bolivian people.
Developed by grassroots
social groups and agreed by politicians, the Law of Mother Earth recognises the
rights of all living things, giving the natural world equal status to human
beings.
Once fully approved, the
legislation will provide the Earth with rights to: life and regeneration;
biodiversity and freedom from genetic modification; pure water; clean air;
naturally balanced systems; restoration from the effects of human activity; and
freedom from contamination.
The legislation is based on
broader principles of living in harmony with the Earth and prioritising the
“collective good.” At its heart is an understanding that the Earth is sacred,
which arises from the indigenous Andean worldview of ‘Pachamama’ (meaning
Mother Earth) as a living being. An initial act outlining the rights
– which was passed by Bolivia’s national congress in December 2010 and paves
the way for the full legislation – defines Mother Earth as a dynamic and
“indivisible community of all living systems and living organisms,
interrelated, interdependent and complementary, which share a common
destiny.”
Bolivia’s government will be
legally bound to prioritise the wellbeing of its citizens and the natural world
by developing policies that promote sustainability and control industry. The
economy must operate within the limits of nature and the country is to work towards
energy and food sovereignty while adopting renewable energy technologies and
increasing energy efficiency.Preventing climate change is a key objective
of the law, which includes protecting the lives of future generations. The
government is requesting that rich countries help Bolivia adapt to the effects
of climate change in recognition of the environmental debt they owe for their
high carbon emissions. Bolivia is “particularly vulnerable to the impacts of
climate change,” according to an Oxfam report in 2009, with increasing drought,
melting glaciers and flooding.
On the international stage,
the government will have a legal duty to promote the uptake of rights for
Mother Earth, while also advocating peace and the elimination of all nuclear,
chemical and biological weapons. Following a change in Bolivia’s
constitution in 2009, the law is part of a complete overhaul of the legal
system. It represents a shift away from the western development model to
a more holistic vision, based on the indigenous concept of Vivir Bien (to
live well).
The proposal for the law states:
“Living Well means adopting forms of consumption, behaviour and and conduct
that are not degrading to nature. It requires an ethical and spiritual
relationship with life. Living Well proposes the complete fulfilment of life
and collective happiness.”
Unity Pact, an umbrella group for
five Bolivian social movements, prepared the draft law. They represent over 3m
people and all of the country’s 36 indigenous groups, the majority of whom are
smallscale farmers with many still living on their ancestral lands. The bill
protects their livelihoods and diverse cultures from the impacts of industry.
Undarico Pinto, a leader of the
social movement Confederación Sindical Única de Trabajadores Campesinos de
Bolivia, said: “It will make industry more transparent. It will allow people to
regulate industry at national, regional and local levels.”Signifying
a fundamental shift away from exploitation of nature, the draft law
referrers to mineral resources as “blessings” and states that Mother Earth, “is
sacred, fertile and the source of life that feeds and cares for all living
beings in her womb. She is in permanent balance, harmony and communication with
the cosmos.”
A Ministry of Mother Earth is to be
established to promote the new rights and ensure they are complied with. But
with its economy currently dependent on exports of natural resources, earning
nearly a third of its foreign currency – around £300m a year – from
mining companies, Bolivia will need to balance its new obligations against the
demands of industry.
The full law is expected to pass within the next few
months and is unlikely to face any significant opposition because the ruling
party, the Movement Towards Socialism, has a considerable majority in
parliament. Its leader, President Evo Morales, voiced a commitment to the
initiative at the World People’s Conference on Climate change, held in Bolivia
in April 2010.
To find a translation to English of the New Constitution; the Law Against Racism and any Form of Discrimination; and the Law Against Corruption, Illicit Enrichment and Investigation of Fortunes "Marcelo Quiroga Santa Cruz", of the Plurinational State of Bolivia, follow this link: Essential Laws of The Bolivian Revolution This 196 page publication in English presents the three fundamental laws that hold together the Government policy of Evo Morales.
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