The Constitutional Rights of Nature In Ecuador

Unlike most European and North American countries, Ecuador has had numerous constitutions with the most recent being adopted in 2008. An online version of it in English is available from Georgetown University. This current constitution has a number of articles that address progressive concerns in ways that are very advanced in comparison to what are considered more developed countries. For example, Ecuador's current constitution's 'Rights of Nature' article enumerates historic indigenous principles that grant Pachamama or Mother Earth the right to both protect and restore its environment. This measure has become an example for other constitutional bodies around the world. Montana, New York, and Pennsylvania in the US now have Green Amendments to their state constitutions establishing the right to a healthy environment. As of 2023, nine other US states are also considering similar amendments.

Alternatively, the same early 21st Century progressive administration in Ecuador that sponsored the consultation and referendum for the new environmentally-friendly constitution also fought with indigenous groups to extract the raw materials on their lands. Mining and drilling in these diverse and unexploited microbiomes were done in order to export crude oil, gas, and minerals for off-shore production and refining of fossil fuels. The proceeds from the sale of the raw materials were used to fund and expand Ecuador's national health care and social security systems.

If you would like to learn more about the current situation and participate in discussions on this topic then we encourage you to join our Facebook group: Ecuador Progressive Community for English Speakers and Expats.

References:
Georgetown University
National Caucus of Environmental Legislators
Image:
Juristas Ecuador

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