The New Zealand Supreme Court recently blocked consent for a seabed mining operation that would annually extract 50 million tons of iron ore from the seabed off the coast of South Taranaki.
Environmentalists see this decision as a clear victory, but the mining company has stated its intention to reapply for mining permission.
But experts say it’s unlikely the company, Trans-Tasman Resources Limited (TTR), will be able to regain consent due to fundamental issues with its application, such as the distinct lack of baseline studies on resident marine life and the potential impacts of mining.
Conservationists say seabed mining in this part of New Zealand would cause irreversible damage to the ecosystem and threaten many rare and endangered species.
Conservationists have expressed hope that a New Zealand company whose bid to mine the seabed was blocked by the country’s highest court last month has little chance of winning approval.
The Supreme Court of New Zealand ruled unanimously on Sept. 30 to block consent for the mining operation that would extract millions of tons of iron ore from the seabed off the coast of South Taranaki on the nation’s North Island. Experts say that the decision was primarily based on the finding that mining company Trans-Tasman Resources Limited (TTR) could not illustrate that its activities would not cause “material harm” to the environment.
While TTR seems confident that it will be able to reapply for mining consent, conservationists who have spent years campaigning against seabed mining in New Zealand say the company will not find an easy path due to fundamental issues in its application. For instance, they point out that TTR’s most recent application lacked studies about resident marine life and the impacts of mining on species and the overall ecosystem.
“The company hadn’t done its homework,” Cindy Baxter, chair of Kiwis Against Seabed Mining (KASM), one group that opposed the mining application, told Mongabay in an interview. “It didn’t even have baseline data for where it wanted to mine, so no one can even measure what the [impacts] would be if it went ahead.”
Duncan Currie, an international environmental lawyer who acted as counsel to KASM and Greenpeace Aotearoa, said it would be “extremely difficult” for TTR to get its application reapproved due to this lack of baseline data. He added that researching to obtain this data would be like “throwing the money away” since it would still be unlikely for TTR to prove that mining would not cause material harm to marine life.
TTR’s application proposed to extract 50 million tons of iron-rich sand from a 66 -square -kilometer (23-square-mile) area of the seabed each year over a period of 35 years. But it would take just take 5 million tons of iron-ore each year and dump the remaining 45 million tons of sand back into the ocean.
Conservationists say the mining would have caused irreversible damage to the environment by smothering sensitive rocky coral reef systems with sediment plumes. Mining residue and noise pollution could also threaten the survival of many species, including New Zealand’s little blue penguins (Eudyptula minor) and critically endangered Māui dolphin (Cephalorhynchus hectori maui), experts say. The region has also recently been recognized as a foraging ground for a newly identified population of pygmy blue whales (Balaenoptera musculus brevicauda).
In the lead-up to the Supreme Court decision, there were weeks of hearings and submissions by conservation groups such as KASM and Greenpeace Aotearoa, iwi (Maori tribes), independent scientists and even the fishing industry.
“I’ve campaigned on bottom trawling, and there we were hand in hand with the fishing industry,” Baxter said. “But the fishing industry can see the potential impact to their business … and I think we won really in the process because our environmental arguments were so strong.”
In 2017, New Zealand’s Environmental Protection Agency granted TTR consent on its application to mine the seabed off the coast of South Taranaki. But in 2018, New Zealand’s high court reversed the EPA’s decision. TTR then made an appeal to New Zealand’s court of appeals, but the company was not successful.
“What was interesting there is that the [decision-making] committee specifically said in the recommendation [for the first application] that the applicant should go back and do some of these studies because basically, they hadn’t done [them],” Duncan said. TTR’s latest application still lacked these baseline studies, but did include “new plume modeling,” according to Duncan.
The new plume modeling suggested that the sediment would not cause as much harm to the marine environment as previously thought. Yet Phil McCabe, the Pacific liaison for the Deep Sea Conservation Coalition, told Mongabay that the modeling was “questionable.”
TTR did not respond to Mongabay’s request for comment. But in a statement published shortly after the Supreme Court’s decision, Alan J. Eggers, executive chairman of TTR, said the company was “satisfied” with the court’s decision since it would have the opportunity to reapply.
If TTR does resubmit an application for mining, Baxter said, it will face the same opposition from environmental groups, scientists, iwi and the fishing industry.
“We’re not going to go away,” she said. “We’re not going to suddenly give up and not bother to oppose any application. We’re going to be there every single step of the way.”
McCabe said a way to ensure that deep-sea mining will not occur in the future is for New Zealand to enact a total ban on the activity.
“The world views us as a country that has a pretty strong moral compass for the environment,” McCabe said. “So I think it’s appropriate for us to stand in place of caution on this issue.
Only a few other nations have pursued plans to allow seabed mining within their territorial waters, although none of these ventures have been allowed to proceed due to environmental concerns. For instance, in 2018, the Mexican government rejected a permit for Exploraciones Oceanicas, a subsidiary of U.S.-based Odyssey Marine Exploration, to start mining for phosphate in the seabed of Mexico’s exclusive economic zone, due to the damage it could cause to habitat for loggerhead turtles, gray whales and humpback whales, as well as local fishing grounds. And in Namibia, the high court recently found the company Namibian Marine Phosphate in breach of its license when it conducted trial mining, which put a halt to its activities.
In 2019, the now-defunct company Nautilus received the first ever license to begin seabed mining in Papua New Guinea (PNG) and started exploratory drilling near a network of hydrothermal vents. But before Nautilus could start extracting any minerals, the company went bankrupt, leaving the PNG government with millions of dollars of debt and the local marine environment severely damaged. David Heydon, the former CEO of Nautilus, went on to found Canada-based company DeepGreen, which recently became The Metals Company when it merged with NASDAQ-listed Sustainable Opportunities Acquisition Corporation.
While seabed mining in nations’ territorial waters faces delays, there is a move to start mining in international waters within the next two years. The Pacific island nation of Nauru, which sponsors the Nauru Ocean Resources Inc. (NORI), a subsidiary of The Metals Company, recently triggered a “two-year rule” that would require the International Seabed Authority (ISA), the U.N.-mandated body overseeing seabed mining in international waters, to allow mining to commence with whatever rules and regulations are in place by then.
There is considerable opposition to deep-sea mining in international waters from scientists, conservationists, governments and civil society. At last month’s congress of global conservation authority the IUCN in Marseille, France, delegates voted overwhelmingly in support of a motion that called for a moratorium on deep-sea mining and the reform of the ISA. Government agencies from 37 states voted in favor of the motion, including Germany, a sponsoring state for a deep-sea mining company.
“There’s a number of things that are stacking up in favor of a moratorium,” McCabe said. “And this New Zealand case is another solid, concrete example of this activity being shown to be too destructive.”
Elizabeth Claire Alberts is a staff writer for Mongabay. Follow her on Twitter @ECAlberts.
The Deep Green Bush School is a participatory, technology-free, evolutionary and revolutionary school for ages 5-18 designed to raise intelligent, healthy, mature, responsible young adults who can think for themselves, meet their needs, live a meaningful life and challenge the current system in order to bring about a healthy world.
They are raising the dreamers, healers, rebels and the revolutionaries this world needs. There are no formal classes except by student request, no homework, no tests, and no grades. This piece comes from the DGBS student-authored newsletter.
It’s great that people are becoming more aware of climate change, but not enough is being done. Take the March 15 student strike, for example. We stood there and begged the government to do something for two hours. Then we walked down the road for five minutes, then on the foot path, and then many people went back on the the road and marched up and down the road for a little while.
This was a good start, but we have to be more disruptive. We need to toughen up and accept that begging the government won’t work! Examples of things to do:
Direct action. Take things into your own hands – don’t beg the government
More disruptive protesting, less symbolic protesting
Depave roads and replant with trees
Dismantle oil infrastructure
Shut down factories
Replace governments with autonomous neighbourhood councils
Blockades
Maori reclaiming stolen land
End the dairy industry and factory farms
One child per woman (to reduce the population)
Stop wasting your time in school!
Direct Action: some examples
Direct action means organising and doing what needs to be done, without waiting for someone else to do it, like corporations, charities and the government. Some examples of direct action needed to deal with Climate Change are:
shutting down factories
taking apart pipelines
removing dams
blocking off ports
removing roads and replanting with trees
organising free, local, natural health care
instead of relying on police, organise your own community watch group and peacekeeping system
replant golf courses with fruit trees
shut down corporations
dismantle cities
shut down nuclear reactors according to proper procedure
communities organising to deal with those who try to stop us
Some examples from history of when direct action was needed:
Personal things you can do, without waiting for the government
Turn off your screens
Avoid drugs, like sugar, coffee, alcohol, cigarettes, etc.
Make a garden or join a community garden (or help start one)
Learn how to live with less
Learn how to hunt and fish
Go outside. Become more connected to nature – then you will see why it’s screwed up to be constantly destroying it!
Talk to your neighbours
Make a plan together
Spring 2020 Fundraiser
Right now, Deep Green Resistance organizers are at work building a political resistance resistance movement to defend the living planet and rebuild just, sustainable human communities.
In Manila, Kathmandu, Auckland, Denver, Paris—all over the world—we are building resistance and working towards revolution. We Need Your Help.
Not all of us can work from the front lines, but we can all contribute. Our radical, uncompromising stance comes at a price. Foundations and corporations won’t fund us because we are too radical. We operate on a shoestring budget (all our funding comes from small, grassroots donations averaging less than $50) and have only one paid staff.
Current funding levels aren’t sustainable for the long-term, even with our level of operations now. We need to expand our fundraising base significantly to build stronger resistance and grow our movement.
Editor’s Note: There if no doubt that the ruling class lies regularly. For examples we must only look at the Gulf of Tonkin incident, the claims about weapons of mass destruction in the lead-up to the U.S. invasion of Iraq, Project TP-Ajax, or the aborted Operation Northwoods. Lying is the modus operandi for governments, politicians, and corporations. At the same time, conspiracy theories for which there is no evidence often play a divisive, unhelpful, or even destructive role in resistance communities.
The truth is important. But the true nature of the dominant system we live under is already apparent. It is based on violence, ecocide, and domination. Even if all the conspiracies were false, there would still be ample reason for revolutionary change. We may never know the truth about the past. What is most important is how we shape the future. “Keep your eyes on the prize.”
This post is the text of a talk given at Occupy Wellington, New Zealand, on October 27, 2011. Around 55 people attended the talk, which was organized to try to counter the prevalence of conspiracy theories among the local wing of the Occupy movement. Reposted from Aotearoa IndyMedia via Vancouver Media Co-op.
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Kia ora kotou, thanks everyone for coming. Firstly, a brief run-down of how this workshop will work: first, I’m going to give a brief talk, followed by an open discussion which anyone can contribute to. I also want to make it clear that I’m not here today to debunk or debate any specific conspiracy theory. I’ve got no interest in doing that, I don’t think its particularly productive.
What I want to be doing is talking about the title of the workshop is – why our activism must be based in reality. So we’ll be talking about the whole conspiracy world-view, we’ll be talking about what I think is a much better alternative to that, but I’m not going to sit here and argue with you over whether the Government is secretly poisoning us from the skies, or whether shape-shifting reptilian lizards are controlling our lives, or whether or not you can cure cancer with baking soda.
First up, who am I? For those of you who don’t know me my name is Asher, I’m born and bred in Wellington, though I have also spent a few years recently living in Christchurch. I’ve been involved in activism and radical politics for around about 7 years, in a variety of different campaigns and struggles.
If we’re going to talk about conspiracy theories, the first important question is obvious: what is a conspiracy theory?
What is a Conspiracy Theory?
Now, if you go by a dictionary definition, a conspiracy is just a group of people who get together to plan something, and don’t tell others about it. If I’m organising a surprise birthday party for my friend, then I am conspiring with others. But that’s not a particularly useful definition for the purposes of a discussion like this.
So, for this discussion, the way I’m defining a conspiracy theory is thus: a conspiracy theory is a theory based in supposition, one that flies in the face of evidence or science, often one that claims its correctness can be shown by the paucity of evidence in favour of it, in the sense that ‘this conspiracy goes so far that they’ve even buried all the evidence that proves it!’ Conspiracy theories often encourages an ‘us few enlightened folk versus everyone else’ world view.
This creates an atmosphere where conspiracy theorists look down on people, or sheeple as they are often called, and ignores the fact that people, by and large, are actually pretty intelligent. In and of itself this world-view is hugely problematic for as I will discuss later, mass social change requires the participation of the masses and therefore, we have to have faith in the ability of people to decide things for themselves, to come to correct conclusions and ultimately to change the world.
Why This Piece?
Why am I interested in conspiracy theories, or at least arguing against them? Firstly, because I’m passionate about science and rationality, and I find it fascinating how and when these things are ignored.
Secondly, because I’m Jewish, and many conspiracy theories are antisemitic – whether directly and obviously (eg: Jews run the world, or the media, or the banks). Sometimes its more subtle – people might not talk about Jews explicitly but they may use Zionist as a code word, or talk about the Rothschilds, or an elite cabal of shadowy bankers who all coincidentally have Jewish surnames.
Lastly, I’m interested in conspiracy theories because I want radical social change, and to have radical social change, we need to have an understanding of how society actually works.
We are here at Occupy because we want to see change. What we want differs: some want new regulations on the financial sector, others want to change taxes or the minimum wage, while others still want to destroy capitalism and bring in a new form of production and distribution. Regardless of which of these boxes you fit in, if you fit in any of them at all, we all want change.
The System Isn’t “Broken.” It’s Working Perfectly… For The Rich.
We’re also here because we know we can’t simply rely on Government to benevolently grant us the changes we desire. If we believed that, we’d sit at home and wait for the Government to give us these gifts. We’re here because we know that those with power won’t give it up lightly, and that it is only through our collective strength that we can win reforms, or create revolution.
But what do I mean when I say ‘our collective strength’? I think it’s important to clarify who is contained within the word ‘our’. While people involved in the Occupy movements around the globe frequently refer to it as the 99%, I actually think that’s a really imprecise term. So, instead, I refer to the working class. When they hear the term working class, some people think simply of male factory workers, but this is not what I mean. The working class is not limited to blue collar workers in factories, but instead it includes all of us who are forced to sell our labour power to survive. This includes people who are in paid employment, whether in a factory, office, café or retail store.
It also includes those who are unable to find paid employment, or have chosen to refuse the drudgery of paid work in order to attempt to live on the meagre benefits supplied by the state, and who provide a vast potential pool of labour that enables the ruling class to further keep wages down. The working class includes stay at home parents, doing vital unpaid work to raise the next generation of human beings. It includes people who are too sick or unable to work for other reasons. In short, if you don´t own a business, if you aren’t part of the Government, if you aren’t independently wealthy (such as from an inheritance), then chances are you are a part of the working class that I’m talking about, this collective ‘our’.
If we agree that we can’t simply rely on Government to benevolently grant us gifts, and that we need to fight for it using our numbers and our power, then it becomes necessary to understand how society is structured and how capitalism actually functions, in order to know where our collective strength comes from, where we have the most power, and where we need to apply the metaphorical blowtorch.
Do Conspiracy Theories Teach Us Anything New?
So, why are conspiracy theories not helpful here? Why are conspiracy theories not useful for developing that understanding? There’s a variety of reasons.
Some conspiracy theories, such as those around 9/11, even if they were true, which I don’t believe they are, would only tell us “Governments do bad things”. That’s not actually news to anyone. We know that the British Crown & the New Zealand Government stole vast tracts of land from Maori. We know that the Crown and the Australian Government engaged in genocidal acts against Australian aborigines. We know that Governments the world over have repeatedly sent people overseas to fight, kill and die in wars. There’s so, so much more, but to cut a long story short, everybody knows that sometimes Governments do bad things. So theories that only serve to prove that, even if they were true, aren’t actually particularly useful.
Some conspiracy theories are simply bizarre and the logical conclusions from them, don’t fit with what their believers do. If you actually believed that the majority of people in power around the world was a blood-sucking shape-shifting reptilians from another solar system, then you wouldn’t limit your activity to promoting one guy’s book tours around the globe and chatting with other believers on the internet.
Conspiracy theories often feed on people’s mistrust and their fear. They claim to provide simple answers to complicated questions, but actually when you examine them in detail they’re highly complex themselves. For example, with 9/11, it seems like a simple solution to say ‘it was an inside job by the US Government’. But actually, when you look into what would be required for this to be true, the thousands upon thousands of people who would need to be lying, it becomes incredibly implausible.
Conspiracy Theories Mystify Power
Some conspiracy theories, such as many of the shadowy financial cabal conspiracies, only serve to mystify capitalism and falsely suggest a level of control that doesn’t actually exist. Additionally, they remove any sense of our own power, whether real or potential. A theory which suggests such overwhelming power and control over the entire way we live our lives is actually a catalyst for inaction – if a group has such a high level of control over everything, then there’s not really anything we can do about it. On the contrary, capitalism is not a static system, it is dynamic and changing and constantly adapts in response to threats. The threat of working class power has resulted in a number of changes to the functioning of capitalism over time, including the introduction of Keynesian and Neoliberal economics in the late 1930s and 1970s respectively.
Even if conspiracy theories can sometimes seem relatively harmless on the surface, they play a role of absorbing us into a fictional world, somewhat like a dungeons and dragons enthusiast. Once you are in this fictional world, it becomes really easy to get lost in it and to be defensive when challenged, even when challenged on a logical, rational basis.
I’ll quote British political blogger Jack Ray:
The trouble with conspiracy theories is that they’re all rendered pointless by one fundamental, unarguable element of capitalism. That it is, whatever else you have to say about, positive or negative, a system of elites. It has elitism coded into it´s DNA, from the smallest company, to the largest multinational, from the political system to the culture. It’s purpose is to promote elites. It does this legitimately within the logic of the system. It does this publicly, lording super-capitalists like Bill Gates or even for a time, Enron boss Ken Lay. It lays its theories of elitism out for all to see, in policy projects, in university research, through political theorists.
It has no interest in secret cabals, or conspiracies. It has no need for them. It is a system openly, and publicly, run by elites. They might go home at night and secretly dine with their illuminati, lizard-jew, Bilderberg Group friends, and laugh about how they’ve taken over the world. It doesn’t matter to me or you whether they do or not. They are the elite, and we can see who they are and how they live their lives.
People know that we live in a system of elites, that acts in its own interests, according to the logic of the society they dominate. Everyone who looks around know this. We don’t need internet documentaries to tell us that we’re dominated, we just need to go to work, or walk through a posh neighbourhood or have a run-in with any politicians, big businessman or even a celebrity to know that. What we need are weapons, ways of challenging that domination, so maybe we don’t have to live under it forever.
A Better Way: Moving Beyond Conspiracy Theory Thinking
So what is the alternative to this conspiracist world-view? For that, we need to look at history. The history of how social change comes about is not always easy to find. It suits those in power to downplay the role of mass movements, so the dominant narrative is often one that ignores the long term grassroots organising that has happened, and simply focuses on legislative change enacted by the Government of the day. But a people’s history is out there – often in the form of first hand accounts by those who took part in these movements, such as those for homosexual law reform, of the 1970s strike wave across New Zealand, of the movement against native forest logging and so on.
One thing, from looking at this history, is abundantly clear. Mass action is vital for mass change. If you look through history, time and time again, it is when large groups of people have got together and shown themselves to be a threat to those in power that concessions have been granted. This happens on a small scale as well as a big one – when all 10 employees at a small business go on strike and refuse to work until their boss gives them a pay rise, the boss is forced to listen.
Strategic Resistance
From this example, it becomes obvious that it isn’t simply numbers alone that allow us to exercise power. It is also using those numbers strategically to hit those in power where it hurts. As workers, we create wealth for the bosses each and every day at our jobs. Some of this wealth is returned to us in the form of wages, but much is stolen. This stolen wealth is often called ¨surplus value¨. It is the accumulation of surplus value, stolen by our bosses, that forms the wealth of the ruling class. But because the goods and services that create this surplus value ultimately come from our hands and our brains, through collectively withdrawing our labour, we can force the bosses to give in to our demands.
So taking collective action the workplace is one way we can impose our power on the bosses to help us better meet our needs and desires. And if we extrapolate this to larger numbers of work-sites, to larger numbers of people both employed and unemployed, then we can begin to see how we can make changes to the functioning of society as a whole.
I don’t have all the answers, though I do have plenty more to say than I’ve had time to touch on in this talk. But I want to open things up to discussion soon, because I think that’s one thing that is really important about this Occupy Wellington space, that we can talk through things, together, to come to new ways of thinking and working politically.
To finish things off, I want to emphasise that while it is important to have an open mind, this must be tempered with a commitment to rationality and the examining of evidence. Or, to quote Australian sceptic and comedian Tim Minchin, “If you open your mind too much, your brain will fall out”.
From the website of the Deep Green Bush School, a small alternative education school in Aotearoa (New Zealand):
The DGBS is a participatory, technology-free, evolutionary and revolutionary school designed to raise intelligent, healthy, mature, responsible young adults who can think for themselves, meet their needs, live a meaningful life and challenge the current system in order to bring about a healthy world. We are raising the dreamers, healers, rebels and the revolutionaries this world needs.
Our design is based on neuroscience, evolution, anthropology, and thousands of years of sustainable indigenous education. There is no other school like us: students learn how to live within the Earth’s limits, they learn to think about future generations, they learn what a healthy and sustainable way of life is, and they learn to challenge what is wrong and heal the planet.
We nurture a healthy mindset and the courage to challenge.
People think that solar is the solution. But with this current way of life we would have to cover half the Earth in solar panels just to fuel our cars, video games, Starbucks coffees, McDonald’s, kids’ toys, overseas holidays and iPads.But solar energy won’t do anything because it still requires mining, fossil fuels, cutting down forests, and toxic chemicals just to make solar panels.
If solar panels lasted forever that would be one thing. but they start degrading as soon as they are installed and they would need to be replaced every five to twenty years. So if half the Earth was already covered in solar panels, someone would have to replace all of them every several years. What would happen to all the old ones if half the Earth is already covered? Then the other half would have to be covered in old junk solar panels.
You still think solar is the solution? Each panel requires incredibly toxic chemicals to make. Chemicals such as phosphine, arsenic, arsine, trichloroethane, phosphorous oxychloride, ethyl vinyl acetate, silicon trioxide, stannic chloride, tantalum pentoxide, lead, hexavalent chromium, cadmium and silane.* All of these are incredibly toxic chemicals that are not just bad but require mining, cutting down forests, factories and fossil fuels in order to produce.
All these resources don’t just appear out of thin air. The same goes for wind turbines and dams. There is no way any renewable energy will work because we’ve already taken so much from the Earth. And why? Just so we can continue to live our destructive way of life. Solar, wind and other renewables are an idiotic scam to make people feel better about climate change. People should realise that we don’t need more energy than we can get from our own two hands.
Featured image: Cofan Indigenous leader Emergildo Criollo looks over an oil contaminated river hear his home in northern Ecuador. Photo by Caroline Bennett / Rainforest Action Network (flickr). Some rights reserved.
Indigenous battles to defend nature have taken to the streets, leading to powerful mobilizations like the gathering at Standing Rock. They have also taken to the courts, through the development of innovative legal ways of protecting nature. In Ecuador, Bolivia and New Zealand, indigenous activism has helped spur the creation of a novel legal phenomenon—the idea that nature itself can have rights.
Rights are typically given to actors who can claim them—humans—but they have expanded especially in recent years to non-human entities such as corporations, animals and the natural environment.
The notion that nature has rights is a huge conceptual advance in protecting the Earth. Prior to this framework, an environmental lawsuit could only be filed if a personal human injury was proven in connection to the environment. This can be quite difficult. Under Ecuadorian law, people can now sue on the ecosystem’s behalf, without it being connected to a direct human injury.
The Kichwa notion of “Sumak Kawsay” or “buen vivir” in Spanish translates roughly to good living in English. It expresses the idea of harmonious, balanced living among people and nature. The idea centers on living “well” rather than “better” and thus rejects the capitalist logic of increasing accumulation and material improvement. In that sense, this model provides an alternative to the model of development, by instead prioritizing living sustainably with Pachamama, the Andean goddess of mother earth. Nature is conceived as part of the social fabric of life, rather than a resource to be exploited or as a tool of production.
The Preamble of the Ecuadorian Constitution reads:
“We women and men, the sovereign people of Ecuador recognizing our age-old roots, wrought by women and men from various peoples, Celebrating nature, the Pacha Mama (Mother Earth), of which we are a part and which is vital to our existence…. Hereby decide to build a new form of public coexistence, in diversity and in harmony with nature, to achieve the good way of living, the sumac kawsay.”
The traditional Quechua relation to the natural world is firmly rooted in the Constitution. The interchangeable use of nature and Pacha Mama testifies to the indigenous influence on the Constitution.
The concept and the praxis
In the 1970s, Christopher Stone, an American environmental legal scholar, articulated the legal notion of the rights of nature in his widely read essay Should Trees Have Standing? Stone envisioned a new way of conceptualizing nature through law that broke with the existing paradigm of the commodification of nature, often established through law.
Property rights are a primary example of commodifying the natural world. When treated as property, nature incurs damages that often go unrecognized. Stone writes that an argument for “personifying” nature can best be considered from a welfare economics perspective. Under capitalist economic logic, many externalities that negatively impact the environment are not registered when calculating the cost of an action. Transforming nature legally from mere property to a rights-holding entity would force byproduct environmental effects of production to factor into cost calculations. Under this framework, nature would be better protected.
Incorporating rights of nature into a national constitution is a powerful paradigm shift, but may seem hypocritical and idealistic given states’ continuing dependence on extractive industries. In Ecuador, 14.8 percent of the GDP comes from profits from natural resources as of 2014.
Moreover, under Ecuadorian law, the rights of nature are subject to principles of so-called national development. Article 408 of the constitution stipulates that all natural resources are the property of the state, and that the state can decide to exploit them if deemed to be of national importance, as long as it “consults” the affected communities. However, there is no state obligation to abide to the result of the consultation to these communities– a gaping hole in full protection of these environments and the people living within them.
Nonetheless, Ecuador’s Constitution was a significant step in changing the legal paradigm of rights to one that is inclusive of nature.
Bolivia follows
Bolivia followed in Ecuador’s footsteps. Evo Morales, the first indigenous head of state in Latin America, was elected in 2005 and called for a constitutional reform that ultimately established rights to nature in 2009.
Again, indigenous philosophies were instrumental in the formulation of Bolivia’s new Constitution. The constitution’s preamble states that Bolivia is founded anew “with the strength of our Pachamama,” placing the indigenous understanding of nature as central to the very creation of the revised political state. Like in Ecuador, the Bolivian Constitution allows anyone to legally defend environmental rights.
Bolivia’s government soon instituted the Law of Mother Earth in 2010, later re-coining it as the Framework Law of Mother Earth and Integral Development to Live Well. The law lays out a number of rights for nature, such as the right to life and to exist, to pure water, clean air, to be free from toxic and radioactive pollution, a ban on genetic modification, and freedom from interference by mega-infrastructure and development projects that disturb the balance of ecosystems and local communities.
Part of the rationale behind the law is the hope of helping the environment through reducing causes of climate change, which is directly in Bolivia’s interests. Increasing temperatures in Bolivia pose problems to the nation’s farming sector and water supply.
Again, however, this legal concept does not match economic realities. The rights of nature are directly at odds with extractive industries that are intimately tied to Bolivia’s model of economic development. Despite legal frameworks defending the rights of nature, Bolivia’s profits from natural resources comprise 12.6 percent of the GDP as of 2014.
But there are alternatives to the Andean experience. Across the Pacific, New Zealand has also granted a legal status of personhood to specific rivers and forest, thus enabling the environment itself to have rights.
The New Zealand Take on Rights of Nature
Unlike Ecuador and Bolivia, New Zealand’s rights of nature are not embedded in its constitutional law, but rather protect specific natural entities. Native communities in New Zealand were instrumental in creating new legal frameworks that give legal personhood, and thus rights, to land and rivers.
New Zealand has bestowed legal personhood on the 821-square mile Te Urewara Park, and the Whanganui River, the nation’s third-largest river. This was part of the government’s reparation efforts for the historical injustice at the foundation of New Zealand’s state: colonial conquest of land from native peoples.
The Tuhoe tribe’s ancestral homeland is currently the Te Urewara Park. With the imposition of colonial governance, most of their land was taken from them without consultation, resulting in great spiritual and socio-economic losses. The land was designated a national park in 1954.
The Tuhoe tribe never signed the 1840 Treaty of Waitangi with the British Crown, which stripped the tribe of their sovereign right over their land. They have since contested the British assertion of sovereignty that undergirds the formation of the modern New Zealand state.
Their centuries-long struggle finally yielded results. As part of New Zealand’s reparation process towards Indigenous Peoples, the national government negotiated with the Tuhoe tribe regarding their historic land. In 2012 the Tuhoe tribe accepted the Crown’s offer of financial reparations, a historical account and apology and co-governance of Te Urewera lands. The national government renounced ownership of the land, giving the land its own personhood.
Under this framework, the land is now a legal entity in itself, owned neither by the government nor the Tuhoe tribe. The land is no longer property. It is its own untamed natural presence in and of itself, with, as per native understanding, its own life force and identity.
The land is now co-governed by the Tuhoe people and the New Zealand government.
The 2014 Te Urewara Act declares the park “a place of spiritual value.” The Act acknowledges that it is the sacred home of the Tuhoe people, integral to their “culture, language, customs and identity,” while also being of intrinsic value to all New Zealanders.
In a similar process of granting legal personhood, the local Maori tribe, the Iwi, helped the Whanganui River earn legal personhood status in 2014 after winning a long-fought court case.
This was part of a centuries-long struggle that the Whanganui tribes undertook to protect the river. Since the signing of the Treaty of Waitangi, the river has been subject to gravel extraction, water diversion for hydro-electric plans, and river bed works to better navigability, under protest from local tribes.
The Maori fought to protect the river through a series of court cases beginning in 1938, defending their claim to the management of the river as its rightful guardian. Throughout the court cases, negotiations were undergirded by the native saying “Ko au te awa, ko te awa ko au,” which translates to “I am the river and the river is me.” This reflects native philsophies of reciprocal and equal relations between people and nature.
New Zealand’s attorney general Chris Finlayson was quoted in the New York Times as acknowledging the Maori perspective as formative in the granting of rights to these natural entities, saying “In their worldview, ‘I am the river and the river is me,’” he said. “Their geographic region is part and parcel of who they are.”
Expanding Legal Horizons?
The legal concept of rights of nature signal the influence of Indigenous Peoples as political actors in state-making, fundamentally reimagining law and how the natural world is conceived. These ideas present a revolutionary rupture in the conventional anthropocentric understanding of sovereignty, and a realignment of how the natural world is valued. In fact, they could chart the path forward for a new understanding of mankind’s relation to the natural world, even if they operate within the legal structures that are not conducive to indigenous philosophies.
It is true that the rights of nature as they currently stand have deep limitations, particularly given the ongoing extraction of non-renewable natural resources in Ecuador and Bolivia. Problems of corruption, environmental inequality and economic dependence on extractive industries are major challenges to the full realization of the rights of nature.
Yet small acts can lead to lasting change. This shift in the way we relate to and legally protect nature, however small and plagued by obstacles, could be an incremental step toward a more sustainable relation to the planet that could allow us to preserve the earth for future generations.
