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.


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.




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.”



However, there is also strong awareness
among Bolivia’s social movements-in particular for the Pacto de
Unidad (Unity Pact), a coalition of the country’s five largest
social movements and a key force behind the law-that the existence
of a new law will not be enough to prompt real change in
environmental practices.



A major obstacle is the fact that Bolivia
is structurally dependent on extractive industries.



Since the discovery of silver by the
Spanish in the 16th Century, Bolivia’s history has been tied to
ruthless exploitation of its people and its environment in order to
transfer wealth to the richest countries; poet and historian
Eduardo Galeano’s famous book Open Veins draws largely on the
brutal story of how Bolivia’s exploitation fuelled the industrial
expansion of Europe.



In 2010, 70 percent of
Bolivia’s exports were still in the form of minerals, gas, and oil.
This structural dependence will be very difficult to
unravel.


Moreover, there is a great deal of
opposition from powerful sectors, particularly mining and
agro-industrial enterprises, to any ecological laws that would
threaten profits.





The main organization of soya producers,
which claimed that the law “will make the productive sector
inviable,” is one of many powerful groups who have already come out
against the law. Within the government, there are many ministries
and officials that would also like the law to remain nothing more
than a visionary but ultimately meaningless statement.





Raul Prada, one of the advisors to Pacto
de Unidad, explained that the Mother Earth law was developed by
Bolivia’s largest social movements in response to their perceived
exclusion from policy-making by the MAS government, led by
indigenous President Evo Morales.





They have generally supported MAS since
its resounding election victory in 2005, but were frustrated by
what they saw as a lack of progress. Rather than merely expressing
their concern, these movements-comprised mainly of indigenous and
farming communities-are pro-actively developing a series of new
laws.





Their first priority was the passage of
the Mother Earth Law, based on a commitment made at the historic
global Peoples Conference on Climate Change held in Bolivia in
April 2010. To some surprise, the diverse movements soon developed
a consensual agreement that was supported by MAS legislators.





We take for granted that humans have
rights. Courts say corporations do, too. Now, there’s growing
interest in rights for Nature and animals.


Raul Prada notes that, even with
significant pressure from social movements, transitioning to an
economy based on the concept Vivir Bien will not be easy.





“It is going to be difficult to transit
from an extractive economy. We clearly can’t close mines straight
away, but we can develop a model where this economy has less and
less weight. It will need policies developed in participation with
movements, particularly in areas such as food sovereignty.





It will need redirection of investment
and policies towards different ecological models of development. It
will need the cooperation of the international community to develop
regional economies that complement each other.”





Ultimately, though, this is a challenge
far bigger than Bolivia, says Prada: “Our ecological and social
crisis is not just a problem for Bolivia or Ecuador; it is a
problem for all of us. We need to pull together peoples,
researchers, and communities to develop real concrete alternatives
so that the dominant systems of exploitation don’t just continue by
default. This is not an easy task, but I believe with international
solidarity, we can and must succeed.”


Source: www.yesmagazine.org

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