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Proposal for a Universal Declaration of the Rights of Mother Earth

Proposal for a Universal Declaration of the Rights of Mother Earth


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Social movements and organizations organized in Mérida, Venezuela, on March 20, 2010 a National Summit on climate change and the rights of Mother Earth to elaborate a declaration that will be presented to the World Conference of Peoples and Climate Change and the Rights of Mother Earth in Cochabamba, Bolivia from April 19 to 22, 2010, this declaration proposes the rights of Mother Earth and the duties or obligations of the human species towards those rights that guarantee the continuity of the human being in the process of evolution of it.


Mother Earth has been evolving 4,500,000,000 years ago, from abiotic elements, then biotic elements are incorporated into its dynamics and at the present time we are interrelated with them, causing great transformations that have modified many natural processes, which they are reversing against ourselves, which results in the human species being able to disappear. So the Earth will continue to evolve with or without us as we continue to disturb its ecospheric balance. For this reason, social movements and organizations organized in Mérida, Venezuela, on March 20, 2010 a National Summit on climate change and the rights of Mother Earth to prepare a declaration that will be presented to the World Conference of Peoples and Climate Changes and the Rights of Mother Earth in Cochabamba, Bolivia from April 19 to 22, 2010, this declaration proposes the rights of Mother Earth and the duties or obligations of the human species towards those rights that guarantee continuity of the human being in the process of its evolution.

In the field of emerging rights of mother earth (pachamama):

We acknowledge:

-The need to understand that climate change is an opportunity to advance in the deepening of the catalog of human rights until now recognized as first, second and third generation rights. -By virtue of the above, the human species must now have more obligations than rights towards Mother Earth.

-The condition of the rights of Mother Earth ultimately accounts for the emerging rights of future generations (transgenerational character) that today are mainly converted into obligations of current generations.

-The notion of emerging collective rights is founded on the protection that Mother Earth makes of them in her condition as a new subject of law through which those of future generations are guaranteed.

-An International Court of Ecological Justice would have as its foundation the obligation to establish strategies and implement actions in which there is a reversal of the burden of proof regarding the impact that a certain human activity may cause on Planet Earth. In this sense, the Court would have competence to apply even ex officio and without prior judgment sanctions to companies, States, corporations and individuals, based on the real and effective application of the precautionary principle in dubio pro natura contained in the Declaration of Principles of the Summit of the Earth 1992 (Rio Summit). In other words, it could sanction and suspend, when necessary, the participation and expansion of large corporations, multinationals and transnationals as the main responsible for the consequences of climate changes, in the policies, plans and programs of agricultural projects. -Current production, public and private.

Premises for a catalog of Rights of Mother Earth:

The recognition of Mother Earth as the holder of rights that have existed since before the existence of humanity, necessarily requires the transformation of the traditional concept of the subject of own right to an anthropocentric vision of intervention of nature.

1.- The rights of Mother Earth include all the consecrated human rights and even those that do not expressly appear.

2.- In this sense, the emerging rights of Mother Earth would thus be the result of the conjunction of a set of new rights of future generations that are configured in obligations of present generations.

3.- The new subject of law is Mother Earth, but due to the general or diffuse interest that its exercise implies, nothing prevents these rights from having a more specific recipient, which would be the men and women who can be erected in her name.

4.- The character of these legal subjects who act on behalf of Mother Earth do so with a very specific purpose: to avoid any activity that endangers the good life, first of the Planet and then of the human species.

5.- The most important premise of the rights of Mother Earth is their territorial nature, that is, every space rich in biological and cultural diversity (tangible and intangible) gives content to the rights of Mother Earth. That would be the territorial character of emerging rights.

6.- By virtue of the foregoing, territorial rights are those that are recognized by indigenous peoples and communities, peasant and rural communities and local communities or any other, that are erected in the name of Mother Earth to promote actions of justice that seek their care and good living.

7.- The rights of Mother Earth are developed and configured through territorial rights, which would be the complement of indigenous rights, the rights of farmers or the rights of other social groups that require the territory, the land and resources to ensure their own survival.

8.- The rights of Mother Earth would fall within the category of rights that we have called emerging collective rights. These are intended to guarantee the common (public) goods of humanity, to preserve life on and on Planet Earth and the continuity of the human species.

9.- The notion of emergence of collective rights is based on the idea of ​​the appearance of new social actors also subject to new emerging rights. But it is also manifested in the idea of ​​the establishment along with rights, obligations towards future generations, but above all, commitments to Mother Earth. The exercise of a right here is inseparable from the materialization of an obligation.

10.- One of the central aspects of these rights is that both their exercise and their materialization take place “from the bottom up”, that is, from the rights holders themselves. A subject of law is one to whom a rule is directed in which rights and obligations are established. Consequently, a subject of law is also the recipient of a norm

11.- The exercise of these emerging collective rights can also occur through the definition and implementation of public policies “from below”; which would become an instrument and a mechanism for the exercise of rights recognized at the national and international level.


Duties or obligations of the human species towards mother earth

We acknowledge:

1.- The valuation and giving the appropriate prestige to the knowledge of our ancestral, indigenous and peasant civilizations, useful for the knowledge of our agrobiodiversity threatened by climatic changes.

2.- The fact of accompanying the social forces of change considering the broad, formative and effective participation in the implementation of actions to mitigate climate change and lessen the consequences arising.

3.- The lack of leadership and global political will and of adequate and efficient strategies to combat the causes and face the consequences of climate change.

4.- The protection of the intergenerational transfer of traditional knowledge to future generations and of our tropical interculturality, the basis of culture for life, which is threatened by irreversible climate changes which have come to stay

5.- Financial speculation caused by the commercialization of carbon sinks.

6.- The loss of our biological resources and their livelihoods, as well as the loss of agrobiodiversity, which potentially will make governments weak in the management of public policies.

7.- The presence of public agroecological policies in order to prevent, correct and mitigate the impacts of energy and polluting substances on soil degradation.

8.- That climate changes affect our territories unequally, breaking the relationship of ecological, social, economic and spiritual balance.

9.- The types of hunger that we continue to suffer, especially those associated with climate change, droughts, floods and other natural phenomena, which generates more precariousness, poverty and exclusion.

10.- The energy waste and the plundering of natural elements that industrial agriculture imposes, producing 34% of greenhouse gases, evidencing the entrapment that the dominant scientific technological models of agricultural production signify.

11.- Changes in the flowering and maturation processes of different species of food and medicinal plants, which are affecting production in the different areas of the agricultural economy and, consequently, agri-food security and sovereignty.

12.- Human society must be preventive and act in the face of socio-environmental impacts generated by migrations caused by environmental problems.

13.- Some principles that we must take into account in our actions such as precaution, zero irreversibility, sustainable collection, sustainable emptying where the exploitation of resources is lower than the renewal rate.

Proposals of obligations or duties:

1. Reduce the consumption of goods and services because as this occurs there will be greater exploitation of natural elements and greater contamination of them by using natural environments as sinks for gaseous, liquid and solid waste generated by human activities.

Also reuse and recycle solid waste.

2. Directly consume more natural agro-ecological products because it would allow energy savings in agricultural and industrial processes.

3. Educate the conscience in the human being through the integration of feeling, thinking and acting in the person in order to educate for life in order to achieve a responsible individual with the care of Mother Earth.

4. Implement and consolidate the knowledge, laws, technology, social organization, policies, plans, programs and projects that allow to reduce, control and adapt to climate change.

5. Place whoever (s) have (s) formal-moral legal and political responsibility (s) within the global economic power game:

6. Starting from now on, immediate processes to replace fossil fuel energy. This implies that by 2020, as a planetary society, we must achieve an approximate reduction of 35 to 40% of greenhouse gas emissions, taking as a reference the values ​​located in the year 1990.

7. Request recognition and compensation from the nations responsible for the greatest emission of greenhouse gases, and in general any project that involves the use of natural resources

8. Recognize refugees and displaced persons for environmental reasons, and reward them for the ecological injuries caused by climate change, stopping the disastrous degradation of human and environmental life in agro-productive social spaces.

9. To prohibit the definitive use of environmentally dangerous technologies that will increase the current consequences produced by climatic changes, due to the high level of residual contamination and irreversible and inter-acting effects with the environment and human health; Dangerous technologies such as nuclear energy, military tests, agrofuels, carbon capture, nanotechnology and transgenic among other technologies.

10. Promote, promote, consolidate and massify the use of appropriate, endogenous and environmentally sustainable technologies, which serve as antidotes in the recovery and preservation of natural resources, especially forests and waters. Other technologies such as the use of solar, wind, water and biogas energy, as well as energy savings in biomass production should promote their application.

11. Promote, promote and tirelessly practice agroecological techniques, in order to achieve the production of oxygen, water, soil and food to satisfy vital human needs, in order to definitively establish the bases of sovereignty and agri-food security of the population world.

12. Demand and promote productive initiatives as well as processes of training and promotion of research in the area of ​​agrobiodiversity, which constitutes the main material eco-base of agroecological science and technology.

13. Introduce measures for the use and distribution of land and other natural production resources in the improvement and use capacity of agrobiodiversity, based on the knowledge and dialogue of ancestral and traditional knowledge.

14. Guarantee gender equity in the spaces for political and socio-productive participation promoting relationships in harmony with interculturality and integrality with the ecosystem.

15. Revalue the immense variety of tropical agrobiodiversity on the basis of our sovereignty and agri-food security, conferring the social prestige and the collective benefit of the original preservatives (indigenous and peasant) who, in their customary and harmonious work with nature, oblige us to interpret the emerging rights that they reflect in their long and historical evolution.

16. Prepare strategies for social, environmental and productive adaptability in our social spaces, from the assessment and permanent debate of the multiple complexities produced by climate change.

17. To form local and socially-based groups to promote training and mobilization dynamics that face the current crisis at all levels, from the perspective of children, women, men, indigenous peoples and future generations, among others.

18. Fight for spaces for participation proposing, developing and exercising social control at any national, regional and local-community level, of public policies aimed at reducing climate change.

19. Make effective the integral conservation, preservation and sustainable use of agrobiodiversity to any of the policies, plans, programs and public and private projects as a strategy to - effectively and substantially - reduce climate change and reduce hunger and poverty.

20. Declare by the Latin American peoples the Amazon jungle as an area of ​​essential importance in the regulation of climate changes in our countries and the vital organ of the Pachamama.

21. Support the measure to create El Caura National Park in Venezuelan territory as the only Park that includes a large hydrographic basin and would represent the largest National Park in the world in tropical rainforest.

22. Prevent the installation of nuclear plants in Latin America due to the dangers they run from radioactive contamination. On the other hand, there is no adequate treatment of radioactive waste, which is intended to bury it in the ground or sink it to the bottom of the oceans.

23. Make effective the integral conservation, preservation and sustainable use of agrobiodiversity

This declaration was discussed in six round tables by 84 participants, an event organized by IPIAT, CEPSAL, on March 20, 2010 in the city of Mérida, Venezuela.


Video: Preamble to Universal Declaration of Human Rights 1948 -- Hear and Read the Full Text (June 2022).


Comments:

  1. Gwyr

    What nice idea

  2. Kajikus

    Did you quickly come up with such an incomparable answer?

  3. Fenrirg

    This is not a joke!

  4. Zujind

    the shine

  5. Douran

    The theme is interesting, I will take part in discussion.

  6. Torio

    Remarkably, this very valuable message

  7. Cleary

    In this you and I are falling apart.



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