Discuss: The Rights of the Land

Wow! We have waited for so long for such a concept to be asserted. It feels like a fine outgrowth of all the thought and action brought on behalf of so many sites by environmentalists as well as indigenous people. This concept could point the way for an entirely different concept of land rights. Farmers who want to preserve land’s productivity, sustainable food networks, gardeners and parents and those who love to hear the birds sing, people who have lived in an area for a long time and want the best for it—we all can own this concept, whether or not we belong to indigenous communities. I see a circle closing—and therefore opening. The Onondaga and their gift of democracy continue to sustain us and bring us light.

So far, humans have given only themselves rights but maybe the realization is dawning, at least in some parts of the world, that when we give nature rights we are giving ourselves the same rights because we are all one Earth.

Ecuador - the little country that could - has recently held a plebiscite on its new constitution, which includes rights for nature.

It reads as follows:

THE LEGAL RIGHTS OF NATURE

Article 1: Nature or Pachamama (Mother Universe), where life is reproduced and exists, has the right to exist, persist, maintain and regenerate its vital cycles, structure, functions, and its processes in evolution. . . . Every person, people, community or nationality will be able to demand recognition of rights for nature before public organisms (courts and government agencies). 

Article 2: Nature has the right to an integral restoration.

Article 3: The State will motivate natural and juridical persons as well as collectives to protect nature; it will promote respect towards all the elements that form an ecosystem.

Article 4: The State will apply precaution and restriction measures in all activities that can lead to extinction of species, the destruction of ecosystems or the permanent alteration of natural cycles.

81.7% of Ecuadorians voted in favour of the new constitution on September 28th 2008.

I hope the tide is finally turning.

This is beautiful! We begin to see how when human beings walk a spiritual path with practical feet Mother Earth speaks.
Gratitude to All,
Barbara

Thank you to Robin Kimmerer for this excellent article, it is very similar to the Native Hawaiian {Kanaka Maoli] plight. When Captain Cook arrived in Hawaii in 1778 there were some 800,000 Native Hawaiians within 100 years that figure had been reduced by 90% as they had no immunity to western diseases. Like the Onadaga their lands were taken also, in 1893 their sovereign country was illegally overthrown, twice the U.S. Government has publicly admitted this, and the reigning constitutional monarch Queen Lili’uaokalani deposed by armed U.S. marines, It had over 80 embassies worldwide at the time. You can find details at such sites as: “Free Hawaii/Hawaiian Kingdom Government/Re-instated Hawaiian Government.” Please take a few minutes to review these sites as their scenario is very much akin to the Onadaga, Thank you for sharing your article again Robin Kimmerer it is excellent, well done.

It is so absolutely true, that we got off on the wrong foot, by the founding father’s not having said that “inherent in our inalienable rights are undeniable responsibilities.”  We would have honored treaties, been more self governing (self-discipline) and thus less likely to have created the socio-economic, envirnomental and spiritual mess we are now in.

There is much to learn from the wisdom of Native people. Their holistic approach to living offers a sacredness to all life and the earth that supports that life. They view people as part of the web of life who are ultimately reliant on the health of the earth. In doing so the responsibilities to care for the earth become inherent in their everyday actions. Considering we are all 100% reliant on the earth taking care of it should be one of our highest priorities. It’s most inspirational to read about some of the positive work being accomplished. Thank you for the wonderful story.

Like to share a thing I did a couple of years ago that speaks to the Responsibility issue.

Declaration of Equality, Rights and Responsibilities
(The Declaration of Independence as amended by Bill Chisholm)

  We hold these truths, to be self evident, that all men, women and children of all races, of all nations, of all beliefs, of all social and economic circumstances are created equal.  That they are endowed by their Creator, with certain, sure, and inalienable rights, that among these are Life, Liberty, and the Pursuit of Joy and Contentment.  That inherent in these rights are also undeniable responsibilities, that among these are Good Neighborliness, Respectful Environmental Stewardship, Personal Accountability and Accountability to Future Generations.  To insure these Rights and foster these Responsibilities, government was instituted among humankind and derives its just powers from the consent of the governed.  That the surest way to insure one’s Rights, is to embrace one’s Responsibilities.  When any form of Government becomes destructive of those Ends, it is the right, it is the duty of the People to alter or abolish it, preferably at the ballot box or peacefully in the streets. 

It is further acknowledged as a self evident truth that humankind is a part of Nature.  That Nature is made up of interconnected and interdependent systems and species, and that all species and ecological systems should be accorded respect, for they too have come from the same Creator.  To best insure our inalienable rights, we must embrace our responsibilities toward Nature.

There is a great book entitled Wild Law by Cormac Cullinam that those interested in giving nature legal rights might want to read. There are some levels of government that have already passed laws, for example, that give rivers the right to be clean, and trees the right not to be felled.

This September in Derbyshire, UK, there was a conference on the subject hosted by the UK Environmental Law Association. Here are the links:

http://www.ukela.org

http://www.ukela.org/content/press/38/wild law 2008.pdf