A journey towards universal Rights of Nature
“Nature has a lot to say, and it has long been time for us, her children, to stop playing deaf.” —Eduardo Galeano, Uruguayan journalist, writer and novelist Since 1989, UN World Population Day on July 11 has been an occasion to contemplate how humans can work together to forge a more just society. Earth’s 8.2 billion people must come together as never before to create an equitable planetary peace—a treaty, if you will—with all of Nature’s inhabitants. The world’s approximately 476 million Indigenous people are critical partners in that rising consciousness. They manage or hold tenure rights to approximately a quarter of the world’s surface area, accounting for a significant portion of the world’s biodiversity, nearly half of the protected areas, and over half of the remaining intact forests. Despite their vital role in conservation, Indigenous people experience disproportionately high levels of poverty. It is also not uncommon for Indigenous groups to bear the brunt of toxins and elevated air pollution. As is the case for many marginalized people, toxic industries can be found close by. For decades the Aamjiwnaang First Nation community in Ontario’s Sarina “chemical valley” has been subjected to emissions of the carcinogen benzene from the INEOS Styrolution petrochemical plant, despite the Ontario government’s acknowledgement of the dangers present. Sulphur dioxide is also a problem in Sarnia, because it irritates the human respiratory system. Environmental racism is a curse that visits groups of people who are vulnerable to the vagaries of justice. tinyurl.com/sarnia-pollution Rights of Nature first came into focus with Christopher Stone’s Should Trees Have Standing? Towards Legal Rights for Natural Objects, published in 1972. He wrote: “Each time there is a movement to confer rights onto some new ‘entity,’ the proposal is bound to sound odd or frightening or laughable. This is partly because until the rightless thing receives its rights, we cannot see it as anything but a thing for the use of ‘us’—those who are holding rights at the time.” You can read this groundbreaking essay at tinyurl.com/trees-have-rights Robert Macfarlane’s recent book Is a River Alive? was born from the 50-year debate described in Stone’s essay, but it finds affinity with deeply rooted legal, scientific, poetic and both Indigenous and non-Indigenous cultural stances—the bedrock of inspiration that encouraged him to write. Macfarlane’s undeniable passion and conviction bring Nature’s obvious centrality and necessary inclusivity into all primordial human relationships. Is a River Alive? is unquestionably a book we should all savour. One of the areas Macfarlane visits is Ecuador, which, along with Colombia, has the world’s greatest biodiversity. In one section of the book he describes the process whereby Ecuador’s constitution incorporated a Rights of Nature manifesto, through which Indigenous people have been successful in pushing back the oil and mining companies’ rapacious appetite for destroying the country’s most biodiverse areas. including cloud forests such as the area known as Los Cedros. Two of the judges who enabled the transformation of the Ecuadorian constitution into a pro-Nature legal document accompanied Macfarlane on his journey to the headwaters of the Los Cedros river system. Elsewhere in the book,