Rebecca Manzi Thanks to the commitment of an indigenous community and GARN, the Machángara river will have to be reclaimed by the municipality of Quito which has violated its rights by using it as a sewage outlet, causing serious pollution
@droneando_ec/Instagram
On July 5, 2024, an Ecuadorian court recognized the legal rights of the Machángara River, ruling that the municipality of Quito violated these rights by allowing the river to be polluted. Quito, located at an altitude of 9,449 feet, is traversed by many mountain rivers, including the 13.7-mile-long Machángara, which has been used as a sewer, causing severe ecological damage.
The river, flowing from the Andes through Quito, is heavily polluted. Its waters are used for untreated sewage disposal, reducing oxygen levels to just 2%, creating a hostile environment for aquatic life. Activists have described the river as a “dump”.
Since 2008, Ecuador’s Constitution has recognized the rights of nature, making it the first country in the world to do so. Article 71 states that nature has the right to exist, be preserved, and regenerate. Citizens and communities can demand that authorities respect these rights, leading to numerous environmental rulings.
Nature as an entity with rights
The case of the Machángara was initiated by the Kitu Kara, an indigenous community, and the international environmental organization Global Alliance for the Rights of Nature (GARN). They argued that the river’s pollution violated the constitutional rights of nature.
The court supported this claim and ordered Quito to develop a plan to clean the river, although the municipality plans to appeal. This unprecedented ruling emphasizes that the rights of nature can be practically applied to protect ecosystems.
The Ecuadorian court’s decision highlights the importance of viewing nature not merely as a resource to exploit but as an entity with its own rights. This approach could become a global model, promoting greater environmental responsibility and concrete efforts to protect nature.
A growing movement
Ecuador is not the only nation recognizing the rights of natural entities. Countries like Bolivia, Mexico, and Colombia have taken similar steps, while New Zealand, Australia, and Bangladesh have enacted specific laws to protect rivers. Indigenous communities have often played a crucial role in these initiatives.
This legal evolution traces back to a 1972 proposal by American jurist Christopher Stone but has gained more attention recently due to increasing awareness of environmental damage caused by human activities.
A study published in Ecological Economics emphasizes that granting rights to natural entities allows citizens to take legal action to protect ecosystems, even without direct harm to people.
Ongoing challenges
However, significant challenges remain. There is no international consensus on defining and defending the rights of natural entities, and complex issues arise regarding the legal definition of a river. These questions highlight the need for further legal developments to integrate nature’s rights into existing legal systems, which are often centered on property rights.
🌿🌊 ¡Victoria de los #DerechosdelaNaturaleza: El #RíoMachángara en Ecuador es sujeto de derechos!
Esta decisión representa un gran avance en la protección y descontaminación de uno de los ríos más vulnerables del país.
Más información: https://t.co/iAb42J0XpZ pic.twitter.com/3pb7ihGlhp
— Global Alliance for the Rights of Nature – GARN (@garnglobal) July 5, 2024
