The Law of Mother Earth: Behind Bolivia’s Historic Bill

A new law expected to pass in Bolivia mandates a fundamental ecological reorientation of the nation’s economy and society

By Nick Buxton
Yes! Magazine

Indigenous and campesino (small-scale farmer) movements in the Andean nation of Bolivia are on the verge of pushing through one of the most radical environmental bills in global history. The “Mother Earth” law under debate in Bolivia’s legislature will almost certainly be approved, as it has already been agreed to by the majority governing party, Movimiento Al Socialismo (MAS).

The law draws deeply on indigenous concepts that view nature as a sacred home, the Pachamama (Mother Earth) on which we intimately depend. As the law states, “Mother Earth is a living dynamic system made up of the undivided community of all living beings, who are all interconnected, interdependent and complementary, sharing a common destiny.”

The law would give nature legal rights, specifically the rights to life and regeneration, biodiversity, water, clean air, balance, and restoration.

Bolivia’s law mandates a fundamental ecological reorientation of Bolivia’s economy and society, requiring all existing and future laws to adapt to the Mother Earth law and accept the ecological limits set by nature. It calls for public policy to be guided by Sumaj Kawsay (an indigenous concept meaning “living well,” or living in harmony with nature and people), rather than the current focus on producing more goods and stimulating consumption.

In practical terms, the law requires the government to transition from non-renewable to renewable energy; to develop new economic indicators that will assess the ecological impact of all economic activity; to carry out ecological audits of all private and state companies; to regulate and reduce greenhouse gas emissions; to develop policies of food and renewable energy sovereignty; to research and invest resources in energy efficiency, ecological practices, and organic agriculture; and to require all companies and individuals to be accountable for environmental contamination with a duty to restore damaged environments.

Mt. Shasta, photo by Jill ClardyCorporate Control? Not in These Communities In the U.S., municipalities are passing laws lifting the rights of nature and communities above those of corporations.

The law will be backed up by a new Ministry of Mother Earth, an inter-Ministry Advisory Council, and an Ombudsman. Undarico Pinto, leader of the 3.5 million-strong campesino movement CSUTCB, which helped draft the law, believes this legislation represents a turning point in Bolivian law: “Existing laws are not strong enough. This will make industry more transparent. It will allow people to regulate industry at national, regional, and local levels.”

Read full post at Yes! Magazine

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