Ecuador’s New Constitution First to Guarantee Rights to Nature

Rio Tiputini in Amazonian Ecuador

On Sunday the citizens of Ecuador voted to adopt a new constitution. Most news coverage of the referendum has focused on how it could allow leftist president, Rafael Correa, to solidify his power. To me though, the most interesting aspect of the new constitution is that it grants inalienable rights to nature.

The Pennsylvania based Community Environmental Legal Defense Fund (CELDF) assisted in drafting the “Rights of Nature” chapter in the new constitution. Language in the document assures nature the “right to exist, persist, maintain and regenerate its vital cycles, structure, functions and its processes in evolution” and obligates the government to take “precaution and restriction measures in all the activities that can lead to the extinction of species, the destruction of the ecosystems or the permanent alteration of the natural cycles.”

This is certainly powerful language, but the extent of its impact remains unclear. During my time living in Ecuador, I became acutely aware of the discrepancy between the country’s laws and their enforcement.

Ecuador is a country where strong environmental protections could have a tremendous impact. Due to its location on the equator and its position between the Amazon Rainforest and the Pacific Ocean, Ecuador is blessed with tremendous biodiversity. While large areas of the country remain pristine, there are also tremendous pressures on the environment. Loggers, oil extraction, and new settlers are destroying large areas of rainforest. The coastal mangroves are being cleared to make room for shrimp farms. The unique plants and animals of the Galapagos are being killed by invasive species.

There is also tremendous economic pressure working against the environment. Ecuador’s largest exports are petroleum, bananas, and shrimp. These industries can be very short sighted, and often put near-term profits before sustainability. Tourism is beginning to play an increasingly important roll in the Ecuador’s economy. In recent years it has become the 5th largest industry. Tourism, and more specifically, environmentally responsible and sustainable tourism, has a great potential to generate income for the Andean nation while preserving its natural treasures.

Ecuador’s decision to constitutionally protect the rights of the natural world could have an impact far beyond its borders. CELDF has been contacted about assisting in drafting similar language for Nepal’s first ever constitution.

-Ben Connor Barrie

Note: This article was also posted on sustainabledesignupdate.com, a blog I contribute to from time to time.