Author: Michele D'Addetta | NaturArchy Catalogue Essay
The Universal Declaration of the Rights of Mother Earth was unveiled in Cochabamba, Bolivia, on 22 April 2010 - International Mother Earth Day1. The document was adopted by the World People's Conference on Climate Change and the Rights of Mother Earth, which brought together civil society organisations, indigenous leaders, environmental activists and scholars of different disciplines.
Rooted in the rich tapestry of indigenous knowledge and ecological principles, this visionary text asserts that Mother Earth is a living entity with inherent rights, including the right to life, to regenerate natural cycles and to be free from contamination.
As we delve into the Declaration, we embark on a journey to an utopian world of harmonious coexistence of living beings. At the heart of the text lies a profound shift in perspective: emphasising the interconnectedness of ecosystems and the delicate balance that sustains life on Earth, the Declaration recognises that nature deserves to be protected, preserved and respected independently of its utility to human interests.
The Declaration is made on behalf of “the peoples and nations of the Earth”, an aspect that makes it more akin to a political manifesto than to a legal document.2 At the same time, the Declaration is a strong act of protest against the current political order, notably the capitalist system and all forms of depredation, exploitation, abuse and contamination that have caused destruction, degradation and disruption of Mother Earth, putting life as we know it at risk through phenomena such as climate change.
The Declaration highlights the inadequacy of the contemporary international legal and political systems. Yet, it recognises the central role ofthe United Nations (UN), as it calls on the UN General Assembly to adopt it as a common standard for all peoples and nations of the world.
One year before the adoption of the Declaration, the UN General Assembly established International Mother Earth Day and embraced indigenous peoples' and Member States' recommendations regarding the need to promote humankind living in harmony with nature.3
In the same year, the UN Permanent Forum on Indigenous Issues decided to appoint Carlos Mamani Candori and Bartolome Clavero as Special Rapporteurs to conduct a study on these recommendations and submit a report to the ninth session of the Forum in 2010.4
The study of Mamani Candori and Clavero focused on the inspiring force of the indigenous peoples of the Andean region.5 It is not by accident that both their study and the Declaration are underpinned by Southern America indigenous knowledge. The concept of Mother Earth was indeed developed as a framework for compiling and developing a universal vision shared by a diversity of indigenous Andean cultures. This region also witnessed the recognition at a domestic level of the rights of nature/Mother Earth in the Constitution (Ecuador) and legislation (Ecuador and Bolivia, in 2008 and 2010 respectively). Importantly, although the Declaration is inspired by indigenous wisdom, the concept of Mother Earth contained therein has different origins and streams (indigenous, scientific, ethical and legal) that developed at various moments and in different parts of the world.6
One of the core principles of the Declaration is that everyone is entitled to defend the rights of Mother Earth: since all beings are inherently connected to her, they should be able to act in their own interests. However, according to the Declaration, ecosystems are also entities with autonomous legal standing, thus capable of bringing legal actions to defend their rights. This idea challenges the notion of nature as property, advocating for a holistic and inclusive legal framework that transcends human-centric perspectives. It recalls in some ways the words of George Carlin, who used to label as hypocritical the ecologists’ slogan “Save the Planet!”, asserting that Planet Earth will save itself in any case, perhaps by getting rid of that species, the homo sapiens sapiens, who has caused it some “superficial nuisance”.
Without advocating against the existence of human rights, the Declaration states that, within an interdependent living community, it is not possible to recognise the rights of only human beings without causing an imbalance within Mother Earth.7 However, the document goes beyond challenging environmental anthropocentrism: it puts into question the very concept of right, as traditionally understood in the greatest majority of the contemporary legal systems.
Originating as we know them from Roman law, rights (iura) are referred to persons, whether physical or, by extension, legal (persona ficta).8 The concept evolved over time and led to the recognition of civil and political rights by modern constitutions, then to the codification of fundamental rights in the Universal Bill of Human Rights.9 Further developments led to natural resources being considered through the lens of human rights: some authors identify these as third generation rights, which go beyond political and civil (first generation) and social, economic and cultural ones (second generation rights).10 A notable example is, indeed, the right to a healthy environment.11
However, the right to a healthy environment is a concept that is still largely underpinned by an anthropocentric vision. The rights contained in the Declaration come close to what Thomas Berry (2009) exemplifies in his Ten Principles of Earth Jurisprudence: “rights originate where existence originates.”12 The recognition of animal rights could be definitely seen as a first step in this direction. The Declaration clearly echoes the theme of a new social contract, or, better, lays the foundation of a new Magna Carta, based on this renewed concept of rights, which puts into question legal anthropocentrism.
In the wake of escalating environmental challenges and the urgent need for global cooperation, the Declaration emerges as a clarion call for humanity to revaluate its relationship with the Planet. To establish a framework for the protection and preservation of the Earth's delicate balance. To put up a collective effort to address the interconnected crises of climate change, biodiversity loss and environmental degradation. The aim of the Rights of Mother Earth Movement behind the Declaration was, indeed, to create a new Earth governance system at all levels.
Yet, the paradigm shift of the Declaration extends beyond legal and policy changes, influencing cultural attitudes and values. The Declaration encourages a deeper connection with nature, fostering a sense of stewardship and responsibility for the well-being of the planet. Most of the NaturArchy works have explored this interconnectedness and the delicate balance of ecosystems, amplifying the messages contained in the Declaration and fostering a deep and transformative connection between individuals and the natural world.
Through various media, the artists behind NaturArchy evoke a deep emotional connection to the natural world and foster a collective consciousness around the urgency of environmental preservation. Their works show that art serves as powerful multi-sensorial representation of the Earth's intrinsic rights, not only by building emotional engagement and prompting viewers to reflect on their role in safeguarding the planet, but also by creating a powerful vision for a future where Earth’s rights could be upheld.
Bio: Michele D’Addetta has been working in policy analysis and project management in the areas of culture and education, human rights and democracy for several international organisations (Council of Europe, UNESCO, European Union). He is currently policy analyst at the Joint Research Centre of the European Commission. He has been collaborating with universities and research institutes (British Institute of International and Comparative Law and the University of Technology of Sydney) on projects about international law of cultural heritage, the relationships between culture and human rights and the role of culture in international relations. Currently PhD candidate at the University of Geneva with a thesis on the intersections between cultural heritage and human rights, Michele has also been collaborating with several NGOs active in the field of cultural cooperation.
References:
- Universal Declaration of the Rights of Mother Earth, available at: https://www.rightsofnaturetribunal.org/wp-content/uploads/2018/04/ENG-Universal-Declaration-of-the-Rights-of-Mother-Earth.pdf.
- Idem, Preamble, Paragraph 1.
- United Nations General Assembly, Resolution 63/278, UN Doc. A/RES/63/278.
- https://documents.un.org/doc/undoc/gen/n10/211/26/pdf/n1021126.pdf?token=0xieDVswsiXuAyQ5cJ&fe=true
- United Nations Economic and Social Council, Permanent Forum on Indigenous Issues, Study on the need to recognize and respect the rights of Mother Earth, UN Doc E/C.19/2010/4.
- Sólon, P. (2018), The Rights of Mother Earth, in Satgar (eds.), The Climate Crisis: South African and Global Democratic Eco-Socialist Alternatives, Wits University Press, 107-130.
- Universal Declaration of the Rights of Mother Earth, Preamble, Paragraph 5.
- The concept of persona ficta, already known in Roman law, was developed for the first time in an organic way by Sinibaldo de Fieschi (future Pope Innocenzo IV).
- The Bill includes the 1948 Universal Declaration on Human Rights (UDHR), the 1966 International Covenant on Civil and Political Rights (ICCPR) and the 1966 International Covenant on Economic Social and Cultural Rights (ICESCR).
- Some of these resources have been considered as commons. On this point see: https://iasc-commons.org/about-commons/.
- United Nations Human Rights Council, Report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, UN Doc. A/HRC/43/5.
- Berry, T. (2009), The Sacred Universe, Columbia University Press, 2009.