Ecocide – The Law of Mother Earth

Andrew Miller

 

Ecocide is the failure of world economies to establish sustainable industrial and commercial paradigms in order to protect earth’s ecosystems from disruption or even destruction. An ecosystem is a niche in the global environment which supports particular kinds of natural life. A tropical rainforest, for example, supports scarlet macaws, Capuchin monkeys, the red-eyed tree frog, leaf-cutter ants and anacondas.

In many cases, these regional ecosystems have been exploited so carelessly in the past, and with so little thought for their fragility, that many native species of animals, insects, amphibians and even plants are on the endangered list. Some, like the Ivory-Billed Woodpecker, are now believed extinct as a result of a single sighting post-Katrina and a series of questionable audio and video recordings near the Pearl River in Louisiana in 2011.

ivory billed woodpecker  If not actually extinct, Ivory-Billed Woodpecker numbers are now so reduced as to make successful reproduction and species continuation impossible. This is because breeding populations of any creature must reach a certain threshold (i.e., contain a certain number of individuals) to insure DNA diversity. Once this number falls too low, a species becomes technically extinct – as witness Lonesome George, the Galapagos turtle – and then extinct for real unless scientists can find a sufficient quantity of DNA to clone it.

The many species becoming endangered or extinct in this, the Anthropocene age (during which human activities and not natural events are causing most of the extinctions), just so happen to be disappearing at a time when we humans have more or less perfected cloning. This is a controversial topic, as it is a terrible reproach to our species that we have so desecrated the earth that we need to clone species to prevent their disappearing.

The endangered or extinct species list, prepared and maintained by the U.S. Fish andecocide Wildlife Service, or FWS, a section of the U.S. Department of the Interior, includes both national and global species in a variety of ecosystems.

In the United States, endangered or extinct species are simply listed based on field reports. In Ecuador, the National Assembly drafted and passed a bill which ultimately became a part of Ecuador’s Constitution. This law, which states that nature in all its life forms has the right to exist, persist, maintain and regenerate its vital cycles, is defended by the people – what Rome first referred to as “vox populi” – because Nature can’t speak for herself.

mother earth A similar situation exists in Bolivia, where “the Law of Mother Earth” (also known as Pachamama, the Andean goddess who represents Earth) makes nature equal to humans under the law. This law, "Ley de Derechos de La Madre Tierra" in Spanish, states that all species have:

  • 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;
  • The right to not have cellular structure modified or genetically altered. 

 

The United Nations (UN) definition of ecocide is “extensive damage, destruction to or loss of ecosystem(s) of a given territory, whether by human agency or by other causes, to such an extent that peaceful enjoyment by the inhabitants of that territory has been severely diminished.”

 

Jurists specializing in toxic torts see this as a crime of strict liability. That is, motive –toxic or the intent to break the law – becomes irrelevant, and perpetrators are fined or convicted on the act alone, as opposed to most crimes, where perpetrators must have “knowingly” committed a crime.

 

This basis allows courts in Ecuador and Bolivia to assess fines to violators like oil companies regardless of their intent to pollute or awareness that they have done so. It has been so successful that the UN Environmental Programme wants member states to pass similar ecocide laws under the umbrella of “The 5th International Crime Against Peace”, and a 6-page draft spells out the law in minute detail.

 

In other words, the Rights of Mother Earth should be an overarching principle on which all future forms of resource development or human expansion are weighed, with an idea toward establishing monetary penalties for failure in advance of development. That way, mining companies, energy companies and other enterprises that rely on the use of resources (including water and soil) would be deterred from their more egregious methods of extraction.  

 

 

We welcome Andrew Miller to the Celsias writing team. Andrew is an  avid blogger, environmental law student, and is currently working on a book with his wife about social entrepreneurship. He is a true Socialpreneur and finds that his goal in life is to be an agent for positive social change through both his writing and business endeavors. 



 

2 comments

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Andrew B. 15°

Hi Andrew Miller.
Very thought provoking article. An interesting definition of 'ecocide' by the UN. It seems to me perhaps just a little to broad ' peaceful enjoyment by the inhabitants diminished' . I think the orangutans of the great Sumateran rainforests in Indonesia might explain the loss of their homes to palm oil plantation companies differently. They have certainly lost a lot more than 'peaceful enjoyment'. The term 'wiped-out' springs to mind.
I agree with your argument though. It is high time 'The Rights' of Mother Earth were not only 'respected', but also 'protected' by an international legal government body.
Just yesterday (March 20,2013) The WWF came under fire here in Indonesia from the House Of Representatives , accusing the WWF of 'stealing treasures' Can you believe it !!?
The link is ; http://www.thejakartaglobe.com/nvironment/wwf-comes-under-fire-over-continued-riau-forest-clearing/580270
My point here is that some of our biggest last remaining rainforests are in over populated developing nations where corruption runs rampant right up to the highest level. So you need a lot more than summits or global support to protect Mother Earth in this case.
You know how the UN send in troops to regions such as Afghanistan, with trained troops and big guns ? Well that's pretty much what is needed to protect the forests here , along with sensible economic strategy to accommodate those currently dependent on forest areas.

Written in March 2013

Hello to another Andrew :)
I am glad you enjoyed the article and I agree with you. I doubt the Orangutans would use such "PC" language as “enjoyment” if they had an opportunity to express themselves. I actually just joined an organization that is working on getting a law passed to End Ecocide in Europe. They are working on getting a million signatures to get it heard by the government. It can be seen here:
http://www.endecocide.eu/

Along with your point, I do agree that most of our natural rain-forests are in over populated countries that need serious political re-stabilization. However, I feel that if the EU creates a law to end Ecocide it will start getting global attention and eventually make its way into the United Nations. Hopefully, becoming a world issue that becomes as important as stopping mass Genocide by cruel dictators (crossing my fingers that the UN moves a little quicker on Ecocide then the current Syrian crisis).

All that said it will take a change in the worlds thinking on what our priorities are. Is it to make money now and destroy the world for future generations or find alternative methods to make money without endangering the sustainability of our fragile ecosystem? This will definitely be a hard battle but I believe the time is right and there are many people who now understand the importance of protecting our planet. Environmentalist issues are no longer just being supported by "hippies" or "left-wing liberals" but by informed and rational individuals who truly realize that we need to make a change. The earth has its limits and can be depleted.

Written in March 2013

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  • Posted on March 19, 2013. Listed in:

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