The Rights of Nature Latin America - Essay Example

Environmental Focus - The Rights of Nature Latin America Table of Contents Introduction 3 Brief Account of the Constitutional Change to Include the Rights of Nature in Bolivia 4 Representatives of Nature 4 Promotion of Constitutional Change to Include Nature 6 Issue Attached to Constitutional Change 8 How Constitutional Change Could Be Improved and Work At A Transactional Level 10 Determination About Whether There Could Be an International Ombudsman on Nature 12 Conclusion 16 References 17 Introduction Environment has been one of the main concerns in the present day world. This is mainly because the progression of the economies of developed as well as developing nations throughout the globe relies upon this significant factor by an extensive level. Thus, with this concern, the political systems of every country have placed environmental rights as a basic principle in the respective constitution. It will be vital to mention in this similar context that the constitutional right squeezes the absolute rights of nature and the traditions underlying a particular territorial demography. Sumak Kawsay is a Quechua language, which is being spoken by the South American people. Sumak Kawsay is a Latin term, wherein Sumak means good and Kawsay means living, hence together the word means good living. Environmental right concept has been introduced in the Bolivian Constitution along with the Sumak Kawsay conception with minor variation. However, the same constitution confers the right to the people to exploit the nature. Therefore, there lays tension amid the welfare affairs of state and the right of nature1. According to Eckersley, an Australian researcher, deciphered that environmental catastrophe is occurring in every count. In his research, he pointed out the conglomeration of political, environmental and ecological thoughts that bridge the gap persists amongst these and also outlines the green political viewpoint. He also pointed out that environmental calamity is a threat to human life, which is not regarded as a scientific trouble, but involves literary and trait structure. He further emphasised the need for trans-evaluation and undergoing through new eco-centrically based thoughts and assessment2. The Western world witnessed the need to protect the environment from varied catastrophes. Pesticides, nuclear control plants, noxious squander dumps and large size industrial contamination among others contribute into catastrophic destruction of the nature. In the present scenario, political and environmental theory are blended together to develop environment based consciousness amid the people. The environment concept is the basis of the current legislation made by distinct nations while legislating in any particular affair3. With this concern, the essay intends to make an environmental focus on the rights of the nature with special attention to Bolivia. Various significant aspects including depicting about the representativeness of the nature, factors promoted the constitutional change to include the rights of nature in Bolivia and the issues attached with the same will also be discussed in the essay. Brief Account of the Constitutional Change to Include the Rights of Nature in Bolivia Representatives of Nature The significance of the term ‘right of nature’ lies within the seas along with rivers, oceans, animals, mountains and biotic as well as abiotic communities among others. Nature possesses the right to subsist, persist, sustain and reinforce its lifecycle in every bit of its structure. However, the legislatures claim that the nature is recognised as assets under the rule, wherein the nature has all right to sustain besides the human world. The biological system can itself be asserted as a right by standing in the court of law, which resembles keep going in its own terms4. The rule of the Mother Earth includes right- to clean environment, pure water, air, free from toxic substance, conserve symmetry with the usual process and reliability of life. Bolivia’s constitution directs maintaining elementary green reorientation of its entire financial system. Inclusion of Mother Earth, in its constituency, acted as a self-motivated system, which is set as a motion to transform. The gears of the nature are inter-reliant, interrelated and subsequent to each other. The Bolivian Law corresponds directly to the aboriginal citizens that outlook nature as their domicile. Right of natural world is to be privileged and documented, as it also has the right to keep going5. Bolivia has become the first country to recognise the legal rights of the mother earth. Nature is also having the right like human beings to sustain in long term for reality. It is an attempt led by the Bolivian legislature to incorporate nature in the statute, as for the reckless use of the natural resources and the deteriorative conditions of the nature that are highly startling. The representative character of the nature is to be taken in to concern, which draws the attention of humankind towards rapid deprivation6. This trend towards the identification of diversity and giving way exceptional constitutional rights to the indigenous citizens are even found to be more sweeping that get amended in the Bolivian Constitution, which resembles the presence of the rights of the aboriginal citizens. This incorporation of the nature’s right marked the Bolivian Constitution in an eminent position from the rest of the world7. Promotion of Constitutional Change to Include Nature The Bolivian Constitution incorporated the rights of aboriginal individuals, as they are the native dwellers of the nation who remain always engaged to safeguard the nature. This move of the Bolivian legislature has marked a change in the world’s constitutional framework. The Bolivia’s Constitution confronts the term nature and thus uses the word Mother Earth. It is worth mentioning in relation to the above context that the Bolivian Constitution transparently acts as safeguarding the rights as well as the rights of the indigenous people towards generating varied positive outcomes and also providing significant benefits8. Specially mentioning, the requirement of a new Constitution emerged in Bolivia from the grass root level by the aboriginal people and was thus supported by a huge mass. For this reason, Bolivian Constitution was ratified and the right of the nature as Mother Earth and the indigenous people were taken into concern. The origin of the requirement of the rights of aboriginal citizens belonging to Bolivia can be traced back to 1990s wherein the people underwent with conducting protests for retrieving their respective lands. On a further note, they sought greater participation in the political affairs of the nation that aided in incorporating their rights in the ratified Constitutional system9. In the month of January 2009, Bolivia’s Constitution got approval, which included all the new measures of safeguarding Mother Earth and redesigning the morals of the indigenous people. This was made possible for the active participation of the indigenous citizens in the domain of Bolivia’s politics. This newly amended Constitution structure will mark its prominence, as it retains the interest of the local native people. The Bolivia’s Constitution upholds the principles of rule of law that need to be protected and monitored, ensuring that the rights entrusted are not wrongly used by the people of Bolivia10. It can be apparently observed that recent changes made in the model of Bolivian Constitution get diverged from the typical liberal model based on the aspect of freedom, which revealed the fact that the nature of freedom enjoyed in the past has undergone transformational change in recent times. The incorporation of the nature’s right in democracy has redefined the Bolivian Constitution framework and thus the interests of the aboriginal people are strengthened for their active participation in politics11. Bolivia underwent through a reform procedure, which was initiated during 1990s and finally triumph its victory in 2009. Constitutional reform processes are always deemed to be challenging, as these affect the harmony and diplomatic affairs of a particular nation while undergoing necessary changes. Generally, constitutional restructuring processes are categorised by conflicts and variations of several views and interests. However, in Bolivia Constitutional system, it can be found that changes have marked their essence by incorporating the rights of nature and the interests of the indigenous people to the maximum possible extent and also the desired level12. Issue Attached to Constitutional Change With regards to the Bolivian political history, it can be asserted that the indigenous population was invaded by ethnicity in the form of establishing Spanish descent. The mass revolution in the year 1952 led the indigenous community rights to vote for selecting their representatives in the legislative assembly. The revolution enabled the formation of a cooperative society and reinforced the state for protection and uplifment of the societal norms. The sole purpose of the constitutional change was to lead the indigenous people to ventilate their voice, who are always directed to protect the nature termed as Mother of Earth13. The new constitutionalism based framework introduced in Latin America led towards wider development of Bolivia’s Constitution amendment structure. It involves the emancipation that includes likely increase in the recognition of social rights as well as the underprivileged parts of the societies prevailing within the nation. It can be apparently noted that the indigenous and the rural populaces of Bolivia put their demand in overcoming neoliberal financial system and also lessening community discrimination. The constitutional transformation process in Bolivia is characterized by the struggle of the aboriginal people who wanted significant changes in the constitutional framework and also for supporting power made in rural and regional parts that witnessed rising conflicts with one another14. Bolivia’s former legislative land laws along with reforms do not endow with adequate legal rights provided to the rural and the indigenous people. The legal structure of Bolivia’s constitution has framed new codes for protecting mining, water rights and forest resources. Primary steps for improvement involved accomplishing the study and assembling the agreement that are essential to sustain the process of legislating new statutes. The new constitution framework helps in laying down equal distribution of land to every indigenous household within Bolivia15. It is worth mentioning that the former constitutional framework of Bolivia under-estimated the contribution of women, children, people with disability and aged individuals in preserving the rights of the nature. The newly amended Bolivian constitution resurge the importance of women, children, people with disability and aged individuals under Article 8, 11, 26, 147 and 210. Apart from these, other women’s rights are also included. The newly formed constitutional framework promised the Bolivian’s good life by protecting the roles and interests of the entire populaces. Good life could ensure to the mass by protecting the nature and conserving the same16. The impoverish aboriginals of Bolivia were suppressed economically and morally in the past. They have led a mass struggle for protecting their respective interests and promoting uplifment in economic along with social prospects. The issue for amending the former constitution of Bolivia laid in protecting the nature and also the interests of the aboriginal community. The resurgence of protecting the Mother Earth has been incorporated along with the aboriginal natives who are always directed towards protecting and conserving the nature. Indiscriminate exploitation of the natural resources alarmed the Bolivian legislator to incorporate the concern for safeguarding nature’s right17. How Constitutional Change Could Be Improved and Work At A Transactional Level The former Bolivian Constitutional framework underestimated the rights of the aboriginal peoples and also the nature. Since the year 1980, Bolivia has passed under a reform process with urging the people for upholding their respective interests. Bolivia is the first nation to invoke the nature’s right in its new constitution. Rapid exploitation of the non-renewable resources and the derogation stage of the nature urged the constitutional researchers and the members of the political affairs to incorporate this provision in the context of safeguarding the Mother Earth. Evo Morales, Bolivia’s President who himself belong from the indigenous community, apprehended the need for incorporating this provision. Bolivia in its new constitution constituted itself as a unitary social state of plural nationalised law, which works as an assimilation method in the country18. The United Nation Development Programme or UNDP in its key policy recommended providing active support to Bolivia’s new constitution framework for reinforcing the egalitarian power set up. In lieu of the above stated programme, UNDP aids the nation in setting up and implementing newly constructed constitution focusing upon conserving the rights of nature. In case of Bolivia, the support mechanism remains the same, wherein the international social body will help in setting the interests of Bolivia in the transnational level. Bolivia’s constitution asserts its foundation as plural egalitarian form of governance, wherein the interests of the rural indigenous citizens and various prevalent environmental issues have been taken into concern. With this concern, environment protection is identified to be one of the concerning quests in the present era, which needs to be taken seriously by the constitutional researcher and the lawmaker as well. 19 Bolivia reconstructed its new constitution based on green state political theory. According to Robyn Eckersley an Australian researcher the globalised world must intend to run governance as per the green state political theory. The green state does not only mean to protect the environment but also to provide liberal ideology to the people of Bolivia. According to Eckersley model of governance, the nation must govern by not only providing liberal framework, but also adhering to the ecological structure that correlates itself with the environment of the land. Model of the state democracy could be improved by incorporating the provisions of biological diversity and the need to restore the same in present time20. Green political theory lays emphasis on universal values and associated affairs that are directly associated with development. In the current spectrum of the green political theory throughout the globe, it could be clearly asserted that the requirement of green efforts must be enunciated in the constitutional model of each nation and its ideology21. Determination About Whether There Could Be an International Ombudsman on Nature An Ombudsman generally investigates individual complaints made against public officials or organisations. International Ombudsman Association or IOA has been mainly introduced to secure ethical standards as well as practices or principles for which such association has been formed. The International Ombudsman for nature registers the complaints about the practises who are contravening the rules and the procedures concerning the protection of the rights of nature in Bolivia. A sole function of an ombudsman is to monitor the activities of the people who are entrusted with the task of heading an authority and misusing their position for fulfilling any mischievous motto. Certified people who violate the code of ethics or unethical practises are subjected to disciplinary proceedings as per the rules set forth in the norms of the International Ombudsman Association22. An ombudsman, acting as a body, is regarded as a public administrative centre, which tends to enjoy in performing their respective works and executing numerous functions. Ombudsmen are observed to register their presence in almost every region of distinct nations throughout the globe. This autonomous body monitors public authority for any malfunction it performs. Feedback mechanism as a role of an ombudsman denotes better administration of public interests within a specific nation and its society. Corruption has enabled the social scientists to think of a tool, which will effectively deal with this vital aspect. Social scientists from the conduct of varied researches usually come up with the body named ombudsman, which would strictly monitor the presence of corrupt mechanism working in the society affecting the interests of the common people and also equality in the society.23 Idea of Ombudsman has proved to be an innovative and extraordinary kit for adhering to its principles of freedom, even-handedness and neutrality. Other criteria that are maintained by an ombudsman are to improve the public services without failing to fulfil the objectives and the functions associated with the same. Environmental issues are frequently neglected by the public officials who are in charge of a particular office. Protecting the environment is reckoned to be a burning issue in every region throughout the globe and entrusting the tasks to monitor and control the mechanism is identified to be a major task of an ombudsman. Bolivia invoked the environmental issue in its new constitutional framework and thus the function of ombudsman is going to play a decisive part in this perspective24. Considering nature as a legal subject, it is also reckoned as a self-motivating approach in the field of environment. New Mother Law for Bolivia incorporates agrarian reforms that include the interests of the women, children, indigenous community, elderly people and nature. To put a check, whether the new constitution is working effectively or not, the role of an ombudsman is deemed to be noteworthy. Together this model is going to bring an effective integral development that will balance the exploitation of biological resources and the interests of the rural as well as indigenous communities. Bolivia’s constitution framework is designed not to disturb the industrial development. Natural resources are required for industrial purpose, but these must be used in a sustainable manner. Ombudsmen are designated with the tasks of monitoring the functions of the public officials and also checking whether the available resources are being used indiscriminately.25 Due to elevated environmental deterioration and its growing concern, the legal scientists enunciated to think about future generation and the responsibility of the present generation about handling the above discussed dilemma associated with environment. Intergenerational equity, which was then signed for the purpose of protecting the environment was not unknown, however the purpose hidden behind has to be accomplished and followed. Bolivia’s constitutional framework has taken the environmental issue with utmost concern and thus invoked the interests of the nature as well as the people associated with the same26. An ombudsman considers the complaints when the individuals approach to them, otherwise it remains dormant. Any interest of the indigenous people or the rural group is called for responding towards the approaches made by an international ombudsman to resolve it. International Ombudsman Association has been formed with the sole motive to protect the interests of the public and also to restore the same, Ombudsman association is operative in almost all the nations across the globe. Bolivian government must include an international ombudsman in its governance system, which would effectively help to implement the newly made constitution relating to preserving nature. This might be regarded as a new method for checking corruption and protecting the interests of the public at large to administer justice. By incorporating this mechanism, the governance system of Bolivia might get improved, resulting in smooth running of the nation and the affairs related to the aforesaid context27. Conclusion From the above analysis and discussion, it can be ascertained that Part II Chapter III of the Bolivian Constitution deals with environmental concern. In addition, Part II Chapter IV deals with the interests of the rural and the indigenous people of the nation. Chapter III recites the jurisdiction of the court in dealing with environmental problems. This chapter wholly confers the power to agro environmental court to adjudicate the appeal for the parties in the suit. Article 189 of the Bolivian Constitution confers the power to agro environmental court to organise separate agro environmental court. On the other hand, Article 190 of the Chapter IV privileges the rural indigenous people to exercise their respective cultural values, procedures and norms. Evo Morales, the Bolivian President being an indigenous person, has self regarded the requirement and essence of the biological environment and the interests of the rural native people. Environment relates to biotic and abiotic communities that have been involved in the Bolivian constitution as Mother Earth. Incorporation of the nature’s right itself proved that Bolivia is utmost concerned about nature and one can stand in front of the court to implement the rights of nature in an efficient way. This approach must be invoked in every constitution across the globe in order to transform the liberal framework to green political structure. Throughout the discussion, it can be found that an ombudsman might play an advisory role for implementing the Bolivian constitution framework that passed in October 2009. This might be owing to the reasons of protecting the environment and also safeguarding the interests of the respective rural indigenous people belonging to the nation i.e. Bolivia. References Andean Information Network. “Grassroots Democracy: The Demand for a New Constitution.” Accessed May 12, 2015. http://ain-bolivia.org/2006/06/a-new-constitution-for-bolivia. 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Rights of Nature. “Learn about Rights of Nature.” Accessed May 12, 2015. http://therightsofnature.org/. Reif, Linda C. The International Ombudsman Anthology. Leiden: Martinus Nijhoff Publishers, 1999. Rickard Lalnder. “Rights of Nature and the Indigenous Peoples in Bolivia and Ecuador: A Straitjacket for Progressive Development Politics?” Iberoamerican Journal of Development Studies (2009):172. United Nations. Marking International Mother Earth Day, General Assembly President Urges Rapid Action on Sustainable Development to Rescue Planet from Humankind’s Excesses. Accessed May 12, 2015.http://www.un.org/press/en/2013/ga11362.doc.htm. Usaid Country Profile. “Property Rights And Resource Governance.” Accessed May 12, 2015. http://usaidlandtenure.net/sites/default/files/country-profiles/full reports/USAID_Land_Tenure_Bolivia_Profile.pdf Wolff, Jonas. “The New Constitutions and the Transformation of Democracy in Bolivia and Ecuador.” Accessed May 12, 2015. http://www.academia.edu/2486366/New_Constitutions_and_the_Transformation_of_Democracy_in_Ecuador_and_Bolivia. Wood, Seán Dagan. “Bolivia gives legal rights to the Earth.” Accessed May 12, 2015. http://positivenews.org.uk/2011/peace_democracy/justice/4377/bolivia-to-give-legal-rights-to-the-earth/. Read More