The Constitutional Court of Ecuador has asserted that coastal marine ecosystems have rights of nature. These rights include “the right to exist, persist, maintain and regenerate its vital cycles, structure, functions and its processes in evolution….” In essence they concluded the rights of nature to function according to its own laws supersedes humans’ rights to extract from those environments.
Since 2020, Ecuador has been dealing with a case raised when industrial fishers alleged that article 104 of the Organic Law for the Development of Aquaculture and Fisheries was unconstitutional because it would hinder their ability to do business and lead to overfishing by local fishing groups. They also argued that the Zone for Artisanal Fishing violated their rights to benefit from nature.
But Ecuador, home of the Galápagos Islands, determined the Zone for Artisanal Fishing was necessary to protect local fish species and their ecosystems. The court noted that nature, including marine ecosystems, involves a network of interrelated elements, and as one element is impacted, the whole ecosystem can be impacted. Expanding industrial fishing into the zone could threaten marine life.
Ecuador has included rights for nature in its constitution. The country calls its rights of nature rights for Pachamama, an ancient goddess revered by the Andean people.
“The State will motivate natural and juridical persons as well as collectives to protect nature; it will promote respect towards all the elements that form an ecosystem.”
Article 72 asserts that “Nature has the right to restoration.” Article 73 protects species and their ecosystems and Article 74 that people and communities have a right to benefit from the environment and form natural wealth that will allow wellbeing.
The Court noted that marine and ocean ecosystems help adapt to climate change and mitigate its effects, and thus are fundamental for the “healthy functioning of the planet” and that marine-coastal ecosystems have an intrinsic value and each of their elements fulfills an individual role that, in turn, contributes to their preservation as a whole.
The ruling is expected to establish a precedent that allows more people to sue on behalf of nature to protect marine environments from exploitation, including fossil fuel development.
