Framework Law of Mother Earth and Integral Development for Living Well | Ley Marco de la Madre Tierra y Desarrollo Integral para Vivir Bien; the “Framework Law” [Oct. 15, 2012; No. 300]
Currently only available in Spanish.
“While the U. S. courts have granted civil rights to corporations, Bolivia has enacted a new law enshrining the legal rights of nature. The “Law of Mother Earth and Integral Development for Living Well,” promulgated by President Evo Morales on October 15, establishes eleven rights of Mother Earth, including the right to life, biodiversity, pure water, clean air, and freedom from genetic modification and contamination.” [NACLA]
“Mother Earth is the living dynamic system made up of the indivisible community of all living systems and living beings, interrelated, interdependent and complementary, which share a common destiny. Mother Earth is considered sacred; it feeds and is a home that contains, sustains and reproduces all living things, ecosystems, biodiversity, societies and the individuals that compose them.” – Bolivia’s Framework Law of Mother Earth and Integral Development for Living Well, October 2012
“Whether the new law might provide a useful tool for those engaged in current environmental conflicts with the government, such as indigenous groups resisting the TIPNIS highway in Bolivia’s Amazon region, remains to be seen. Clearly that’s not what the Morales government has in mind. At the promulgation ceremony, Garcia Linera contrasted the Mother Earth law’s new paradigm with the posture advanced by “environmental fundamentalists” in the TIPNIS (indigenous leaders and NGOs), whose efforts to keep the state at bay, he argues, only provide opportunities for “green capitalists” to continue contaminating the environment while TIPNIS inhabitants remain in poverty.” [NACLA]
February 1, 2013
by Russell Fraker
Latin American Environmental Report, Fourth Quarter 2012
Bolivia Enacts Law to Harmonize Development with Mother Earth
On October 15, 2012, Bolivian President Evo Morales signed Law No. 300, the “Framework Law for Mother Earth and Integrated Development to Live Well” (Ley Marco de la Madre Tierra y Desarrollo Integral para Vivir Bien; the “Framework Law”). The Framework Law is the latest in a series of Mother Earth (or “Pachamama“) laws, intended to promote a culture of collective welfare and sustainable economic development. The 2010 “Law of the Rights of Mother Earth” (Ley de los Derechos de la Madre Tierra; Law No. 71) which established a Ministry of Mother Earth and appointed an ombudsman to represent her interests. The Pachamama laws are an outgrowth of a resurgence of indigenous principles, which also led to the adoption of a new Bolivian constitution in 2009.
The Framework Law is broad and ambitious, calling for, among other things: a healthy and safe food supply; the establishment of sustainable and regionally-appropriate industries; the minimization of the vulnerability of the Bolivian people to environmental risks (particularly those of climate change); the redistribution of wealth for social justice; the promotion of fair employment; and universal access to healthcare and education. Toward ensuring food security, the Framework Law calls for an end to the private ownership of water and genetic resources, and to all use of genetically modified crops. (Art. 12) Under the terms of the Framework Law, Bolivia’s extensive mineral and hydrocarbon industries will be required to use the cleanest and most appropriate technologies at all phases of development, from exploration to sale. (Art. 25)
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