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    What's this?
Constitutional rights given to Ecuador's environment
Ecosystem rights make Ecuador's constitution the first of its kind.

By:

Rachel Buckley
Saturday, January 8, 2011 - 21:26
 5

CAJAS NATIONAL PARK: Ecuador's beautiful environment deserves its rights. (Photo: Rachel Buckley)

Ecuador is a tiny country which rarely makes international news headlines. Located between Colombia and Peru in South America, it is best known for its political instability and populist leaders. However, it seems that Ecuador is on the international forefront in at least one area: nature.
 
Ecuador is a country home to one of the most diverse ecosystems in the world. The country itself is broken into three parts: the coastal region, the Andes region in the center (which is also called the altiplane) and the land-locked Amazon jungle region. Each region has different ecosystems which flourish in the three diverse zones. Ecuador also lays claim to the Galapagos Islands, a group of renowned islands that attracts visitors from every corner of the earth each year to witness the famous finches Darwin researched in the 19th century, as well as the famed tortoises and blue-footed boobies that roam carefree.
 
With 2007 came a new president, Rafael Correa, as well as the construction of a new constitution for the Republic of Ecuador, its twentieth. The government enlisted the Community Environmental Legal Defense Fund to craft a document which would protect the nation's delicate and vital ecosystems. The new constitution, passed into law on Sept. 28, 2008, most basically gives the environment a right to exist. It reads, "Natural communities and ecosystems possess the unalienable right to exist, flourish and evolve within Ecuador. Those rights shall be self-executing, and it shall be the duty and right of all Ecuadorian governments, communities, and individuals to enforce those rights" (International Law Observer).
 
To some critics, this distinction seems slightly arbitrary without much promise for change. However, this seemingly simple statement is actually the first of its kind in any constitution worldwide, present or past, to even mention that nature holds unalienable rights. Many environmental activists see this distinction as a step in the right direction in terms of the international community viewing the environment as a legal entity which possesses rights to both exist and to thrive. They also see Ecuador's constitution as possible foreshadowing of future constitutional amendments we can expect from other countries around the globe.
 
Next Post
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Comments: 5
anonymous
Mary Cook Jan 25 2011 at 11:30 AM

Rachel, after spending time with you in Ecuador, and seeing it's ecodiversity first hand, I find the consitutional theme especially meaningful. You presented the country so well in your article. What a woman!

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anonymous
Laura Manthey Jan 15 2011 at 2:18 PM

Thanks for all of the great information. Look forward to hearing more from you!

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anonymous
Stephen Buckley Jan 12 2011 at 10:25 PM

Look forward to hearing more about Oregon from you.

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anonymous
Natalie Heling Jan 12 2011 at 6:34 PM

I learned a great deal about Ecuador's history and politics from this article..The idea of giving the environment Constitutional "rights" is a fascinating idea. Perhaps it will catch on in the rest of the world.

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anonymous
Deborah Crim Jan 12 2011 at 6:21 PM

Rachel, what a good introduction to this new constitutional theme. I enjoyed your clear explanations.

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