LEGAL PRECEDENT
http://en.wikipedia.org/wiki/Pachamama
http://www.scribd.com/doc/44900268/Ley-de-Derechos-de-la-Madre-Tierra-Estado-Plurinacional-de-Bolivia
http://www.guardian.co.uk/environment/2011/apr/10/bolivia-enshrines-natural-worlds-rights
Bolivia enshrines natural world’s rights with equal status for Mother Earth
by John Vidal / 10 April 2011

Bolivia is set to pass the world’s first laws granting all nature equal rights to humans. The Law of Mother Earth, now agreed by politicians and grassroots social groups, redefines the country’s rich mineral deposits as “blessings” and is expected to lead to radical new conservation and social measures to reduce pollution and control industry. The country, which has been pilloried by the US and Britain in the UN climate talks for demanding steep carbon emission cuts, will establish 11 new rights for nature. They include: the right to life and to exist; the right to continue vital cycles and processes free from human alteration; the right to pure water and clean air; the right to balance; the right not to be polluted; and the right to not have cellular structure modified or genetically altered. Controversially, it will also enshrine the right of nature “to not be affected by mega-infrastructure and development projects that affect the balance of ecosystems and the local inhabitant communities”.

“It makes world history. Earth is the mother of all”, said Vice-President Alvaro García Linera. “It establishes a new relationship between man and nature, the harmony of which must be preserved as a guarantee of its regeneration.” The law, which is part of a complete restructuring of the Bolivian legal system following a change of constitution in 2009, has been heavily influenced by a resurgent indigenous Andean spiritual world view which places the environment and the earth deity known as the Pachamama at the centre of all life. Humans are considered equal to all other entities. But the abstract new laws are not expected to stop industry in its tracks. While it is not clear yet what actual protection the new rights will give in court to bugs, insects and ecosystems, the government is expected to establish a ministry of mother earth and to appoint an ombudsman. It is also committed to giving communities new legal powers to monitor and control polluting industries.

Bolivia has long suffered from serious environmental problems from the mining of tin, silver, gold and other raw materials. “Existing laws are not strong enough,” said Undarico Pinto, leader of the 3.5m-strong Confederación Sindical Única de Trabajadores Campesinos de Bolivia, the biggest social movement, who helped draft the law. “It will make industry more transparent. It will allow people to regulate industry at national, regional and local levels.” Foreign Minister David Choquehuanca said Bolivia’s traditional indigenous respect for the Pachamama was vital to prevent climate change. “Our grandparents taught us that we belong to a big family of plants and animals. We believe that everything in the planet forms part of a big family. We indigenous people can contribute to solving the energy, climate, food and financial crises with our values,” he said.

Little opposition is expected to the law being passed because President Evo Morales’s ruling party, the Movement Towards Socialism, enjoys a comfortable majority in both houses of parliament. However, the government must tread a fine line between increased regulation of companies and giving way to the powerful social movements who have pressed for the law. Bolivia earns $500m (£305m) a year from mining companies which provides nearly one third of the country’s foreign currency. In the indigenous philosophy, the Pachamama is a living being. The draft of the new law states: “She is sacred, fertile and the source of life that feeds and cares for all living beings in her womb. She is in permanent balance, harmony and communication with the cosmos. She is comprised of all ecosystems and living beings, and their self-organisation.” Ecuador, which also has powerful indigenous groups, has changed its constitution to give nature “the right to exist, persist, maintain and regenerate its vital cycles, structure, functions and its processes in evolution”. However, the abstract rights have not led to new laws or stopped oil companies from destroying some of the most biologically rich areas of the Amazon.

Coping with climate change
Bolivia is struggling to cope with rising temperatures, melting glaciers and more extreme weather events including more frequent floods, droughts, frosts and mudslides. Research by glaciologist Edson Ramirez of San Andres University in the capital city, La Paz, suggests temperatures have been rising steadily for 60 years and started to accelerate in 1979. They are now on course to rise a further 3.5-4C over the next 100 years. This would turn much of Bolivia into a desert. Most glaciers below 5,000m are expected to disappear completely within 20 years, leaving Bolivia with a much smaller ice cap. Scientists say this will lead to a crisis in farming and water shortages in cities such as La Paz and El Alto. Evo Morales, Latin America’s first indigenous president, has become an outspoken critic in the UN of industrialised countries which are not prepared to hold temperatures to a 1C rise.

RESOURCE WEALTH
http://www.goldalert.com/2011/04/bolivia-to-nationalize-mining/
April 14, 2011

Bolivian President Evo Morales again raised the specter of nationalizing the mining industry yesterday. This was not the first time in the history of his administration that he raised this subject. In late 2006 President Morales also expressed a desire to take this step. Curiously, Bolivia recently sent a delegation to the Prospector’s and Developer’s Conference (PDAC) in early March to lobby for more mining investment in his country. Mining is the second largest source of export income in Bolivia and miners in Bolivia have been amongst the most ardent supporters of Morales. Recently, President Morales approval ratings have been sinking and pressure seems to be growing for him to deliver some new initiatives on May 1st, Bolivia’s Labor Day. In the wake of the news – despite sharply higher silver prices today – the shares of Coeur d’Alene (CDE) and Pan American Silver (PAAS) are were sinking on the day, down 6.49% and 6.86%, respectively. Both companies have operations in Bolivia. Couer operates the San Bartolome mine and Pan American has operations at the San Vicente mine. Just as was the case in late 2006, there can be no certainty that these words will be followed by concrete action. However, these comments surely do not inspire confidence in investors and could threaten additional foreign direct investment in Bolivia – notably with respect to mining.


Women in La Paz hold signs that read “Yes to the new constitution.” It was proposed by Evo Morales, Bolivia’s first indigenous president.

OFF the MARKET
http://mother-earth-journal.com/2010/09/30/28-evo-morales-president-of-bolivia-redd-indigenous-peoples/
Nature, Forests and Indigenous Peoples Not For Sale
by Evo Morales, President of Bolivia / 9.28.10

Evo Morales Ayma, President of the Plurinational State of Bolivia issued this statement Sept. 28 addressing REDD (Reduction Emissions from Deforestation and Degradation) and Indigenous Peoples:

“Indigenous brothers of the world: I am deeply concerned because some pretend to use leaders and indigenous groups to promote the commoditization of nature and in particular of forest through the establishment of the REDD mechanism (Reduction Emissions from Deforestation and Degradation) and its versions REDD+ REED++.

Every day an extension of forests and rainforest equivalent to 36,000 football fields disappears in the world. Each year 13 million hectares of forest and rain forest are lost. At this rate, the forests will disappear by the end of the century. The forests and rainforest are the largest source of biodiversity. If deforestation continues, thousands of species, animals and plants will be lost forever. More than three quarters of accessible fresh water zones come from uptake zones in forests, hence the worsening of water quality when the forest condition deteriorates. Forests provide protection from flooding, erosion and natural disasters. They provide non-timber goods as well as timber goods. Forests are a source of natural medicines and healing elements not yet discovered.

Forests and the rainforest are the lungs of the atmosphere. 18% of all emissions of greenhouse gases occurring in the world are caused by deforestation. It is essential to stop the destruction of our Mother Earth. Currently, during climate change negotiations everyone recognizes that it is essential to avoid the deforestation and degradation of the forest. However, to achieve this, some propose to commoditize forests on the false argument that only what has a price and owner is worth taking care of.

Their proposal is to consider only one of the functions of forests, which is its ability to absorb carbon dioxide, and issue “certificates,” “credits” or “Carbon rights” to be commercialized in a carbon market. This way, companies of the North have the choice of reducing their emissions or buy “REDD certificates” in the South according to their economic convenience. For example, if a company has to invest USD40 or USD50 to reduce the emission of one ton of C02 in a “developed country,” they would prefer to buy a “REDD certificate” for USD10 or USD20 in a “developing country,” so they can they say they have fulfilled to reduce the emissions of the mentioned ton of CO2. Through this mechanism, developed countries will have handed their obligation to reduce their emissions to developing countries, and the South will once again fund the North and that same northern company will have saved a lot of money by buying “certified” carbon from the Southern forests.

However, they will not only have cheated their commitments to reduce emissions, but they will have also begun the commoditization of nature, with the forests. The forests will start to be priced by the CO2 tonnage they are able to absorb. The “credit” or “carbon right” which certifies that absorptive capacity will be bought and sold like any commodity worldwide. To ensure that no one affects the ownership of “REDD certificates” buyers, a series of restrictions will be put into place, which will eventually affect the sovereign right of countries and indigenous peoples over their forests and rainforests. So begins a new stage of privatization of nature never seen before which will extend to water, biodiversity and what they call “environmental services.”

While we assert that capitalism is the cause of global warming and the destruction of forests, rainforests and Mother Earth, they seek to expand capitalism to the commoditization of nature with the word “green economy.” To get support for this proposal of commoditization of nature, some financial institutions, governments, NGOs, foundations, “experts” and trading companies are offering a percentage of the “benefits” of this commoditization of nature to indigenous peoples and communities living in native forests and the rainforest.

Nature, forests and indigenous peoples are not for sale.


Bolivia Approves U.N. Declaration of Indigenous Rights (2007)

For centuries, Indigenous peoples have lived conserving and preserving natural forests and rainforest. For us the forest and rainforest are not objects, are not things you can price and privatize. We do not accept that native forests and rainforest be reduced to a simple measurable quantity of carbon. Nor do we accept that native forests be confused with simple plantations of a single or two tree species.

The forest is our home, a big house where plants, animals, water, soil, pure air and human beings coexist. It is essential that all countries of the world work together to prevent forest and rainforest deforestation and degradation. It is an obligation of developed countries, and it is part of its climate and environmental debt climate, to contribute financially to the preservation of forests, but NOT through its commoditization.

There are many ways of supporting and financing developing countries, indigenous peoples and local communities that contribute to the preservation of forests. Developed countries spend tens of times more public resources on defense, security and war than in climate change. Even during the financial crisis many have maintained and increased their military spending.

It is inadmissible that by using the needs communities have and the ambitions of some leaders and indigenous “experts,” indigenous peoples are expected to be involved with the commoditization of nature. All forests and rainforests protection mechanisms should guarantee indigenous rights and participation, but not because indigenous participation is achieved in REDD, we can accept that a price for forests and rainforests is set and negotiated in a global carbon market.

Indigenous brothers, let us not be confused. Some tell us that the carbon market mechanism in REDD will be voluntary. That is to say that whoever wants to sell and buy, will be able, and whoever does not want to, will be able to stand aside. We cannot accept that, with our consent, a mechanism is created where one voluntarily sells Mother Earth while others look crossed handed Faced with the reductionist views of forests and rainforest commoditization, indigenous peoples with peasants and social movements of the world must fight for the proposals that emerged of the World People’s Conference on Climate Change and the Rights of Mother Earth:

1) Integrated management of native forests and rainforest not only considering its mitigation function as CO2 sink but all its functions and potentiality, whilst avoiding confusing them with simple plantations. 2) Respect the sovereignty of developing countries in their integral management of forests. 3) Full compliance with the Rights of Indigenous Peoples established by the United Nations Declaration on Rights of Indigenous PeoplesConvention No. 169 of the ILO and other international instruments; recognition and respect to their territories; revalorization and implementation of indigenous knowledge for the preservation of forests; indigenous peoples participation and indigenous management of forest and rainforest. 4) Funding of developed countries to developing countries and indigenous peoples for integral management of forest as part of their climate and environmental debt. No establishment of any mechanism of carbon markets or “incentives” that may lead to the commoditization of forests and rainforest. 5) Recognition of the rights of Mother Earth, which includes forests, rainforest and all its components.

In order to restore harmony with Mother Earth, putting a price on nature is not the way but to recognize that not only human beings have the right to life and to reproduce, but nature also has a right to life and to regenerate, and that without Mother Earth Humans cannot live. Indigenous brothers, together with our peasant brothers and social movements of the world, we must mobilize so that the conclusions of Cochabamba are assumed in Cancun and to impulse a mechanism of RELATED ACTIONS TO THE FORESTS based on these five principles, while always maintaining high the unity of indigenous peoples and the principles of respect for Mother Earth, which for centuries we have preserved and inherited from our ancestors.”

Evo Morales Ayma
President of the Plurinational State of Bolivia