Bolivian Law of the Rights of Mother Earth (2010)
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| Bolivian Law of the Rights of Mother Earth (2010) | |
|---|---|
| Name | Law of the Rights of Mother Earth |
| Enacted | 2010 |
| Jurisdiction | Plurinational State of Bolivia |
| Citation | Ley Nº 071 |
| Introduced by | Evo Morales |
| Status | in force |
Bolivian Law of the Rights of Mother Earth (2010)
The Bolivian Law of the Rights of Mother Earth (2010) is a statutory framework enacted in the Plurinational State of Bolivia under the administration of Evo Morales that recognizes legal rights for nature and establishes principles for environmental protection, cultural recognition, and collective stewardship. The law sits alongside the 2009 Constitution of Bolivia and reflects influence from indigenous movements such as the Movimiento al Socialismo and organizations like the Confederación de Pueblos Indígenas de Bolivia while engaging with global forums including the United Nations General Assembly and the United Nations Framework Convention on Climate Change.
Background and legal context
The statute emerged amid interactions among the Constitution of Bolivia (2009), regional accords such as the Andean Community, advocacy by groups including the Assembly of the Peoples of an Integrated America and the Coordination of Indigenous Organizations of the Amazon Basin, and debates involving international actors like the Inter-American Court of Human Rights and the United Nations Permanent Forum on Indigenous Issues. Political drivers included campaigns by Evo Morales and the Movimiento al Socialismo that connected indigenous cosmologies from the Aymara people and the Quechua people to legal reform, juxtaposed against extractive-sector interests represented by entities such as YPFB and foreign investors from countries like China and United States. Legal precedents cited by proponents included rulings and doctrines from the Supreme Court of Bolivia, comparative examples from the Ecuadorian Constitution and jurisprudence emerging from the International Union for Conservation of Nature and the World Commission on Environment and Development.
Key provisions and principles
The law articulates rights for entities recognized as Mother Earth and enumerates duties and prohibitions for actors including municipal bodies like the Municipality of La Paz and national organs such as the Ministry of Environment and Water (Bolivia), aligning with principles familiar to regional instruments such as the Constitution of Ecuador (2008). It defines core concepts—life systems, cycles, and functions—drawing on indigenous categories from the Aymara, Quechua, and Guaraní traditions and integrating policy instruments used by institutions like the Plurinational Legislative Assembly and the State Attorney General of Bolivia. The law prescribes mechanisms for restoration, equitable access, and precautionary measures similar to doctrines in the Precautionary principle debates at the Rio Earth Summit (1992) and the Convention on Biological Diversity while assigning standing for claims to actors like the Public Ministry of Bolivia and civil society groups such as the Fundación Solón.
Implementation and institutional framework
Implementation relies on a network of institutions including the Ministry of Environment and Water (Bolivia), the Plurinational Assembly, regional governments like the Department of Cochabamba and municipal councils in cities such as Santa Cruz de la Sierra, alongside non-governmental organizations including Fundación Bolivia Libre and indigenous federations like the Confederación Sindical Única de Trabajadores Campesinos de Bolivia. Enforcement pathways involve litigation in the Plurinational Constitutional Court and administrative actions by agencies modeled after frameworks used in the European Court of Human Rights and the Inter-American Commission on Human Rights. Financial and programmatic support has involved cooperation with multilateral actors such as the World Bank, the United Nations Development Programme, and bilateral partners including Spain and Germany for capacity building and technical assistance.
Impact and outcomes
The law influenced environmental licensing processes involving projects managed by YPFB and mining concessions in regions like the Bolivian Amazon and Potosí Department, prompted policy shifts in ministries such as the Ministry of Development Planning (Bolivia), and catalyzed litigation brought by organizations like the Observatorio de Justicia Territorial. Internationally, it contributed to discourses at assemblies of the United Nations Environment Programme and dialogues at the Conference of the Parties to the UNFCCC where delegations from Bolivia and allies referenced the statute. Measurable outcomes include administrative suspensions of specific extraction permits in locales like the TIPNIS territory and the initiation of restoration programs funded through partnerships with entities such as the Andean Development Corporation.
Controversies and criticisms
Critics from political parties including Comunidad Ciudadana and business associations like the Confederación de Empresarios Privados de Bolivia argued the law created legal uncertainty for investors from countries such as Argentina and Brazil and clashed with extractivist policies promoted by state actors including Evo Morales himself during portions of his administration. Environmental scholars and human rights organizations, including Amnesty International and the Environmental Law Institute, questioned enforceability, standing rules, and potential conflicts with statutory rights in the Plurinational Constitution, while indigenous leaders from regions like Chiquitania debated compensation and participatory mechanisms. High-profile disputes occurred over projects in the TIPNIS and around infrastructure initiatives championed by agencies such as the Ministry of Public Works.
International influence and related initiatives
The Bolivian law informed comparative law conversations involving the Ecuadorian Constitution, the jurisprudence of the Supreme Court of New Zealand in cases about the Whanganui River, municipal ordinances in Pune and Toledo, Ohio, and national statutes recognizing nature in countries like Colombia and India. It featured in deliberations at the Rio+20 Conference and influenced campaigns by transnational networks such as the Global Alliance for the Rights of Nature and the World People's Conference on Climate Change where delegations from Bolivia and allied states advocated for rights-based environmental governance. Related initiatives include private-sector sustainability standards influenced by the Roundtable on Sustainable Palm Oil and regional conservation programs administered by the Amazon Cooperation Treaty Organization and the Pan American Health Organization.