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Rights of Nature

Actors & initiatives

 

Rights of Nature

Actors & initiatives

Empowering Nature's Voice: The Global Impact of the International Rights of Nature Tribunal

by Jessica Tyrrell, Wild Law Institute, Cape Town

The International Tribunal of Rights of Nature (RoN), initiated by the Global Alliance for the Rights of Nature (GARN), is a trailblazing citizen-driven initiative. Launched in 2014, the Tribunal serves as a public forum to address the widespread destruction of the Earth and advocates for a systemic alternative to conventional environmental protection and laws.

Sarakayu, the "defenders of the forest", Ecuador. (c) Wild Law Institute

The forum enables people from all around the world to speak on behalf of nature, and to make recommendations about Earth's protection and restoration. In doing so, the Tribunal strongly focuses on enabling Indigenous Peoples to share their unique concerns and solutions about land, water and culture with the global community.

The Tribunal, featuring renowned lawyers and leaders in planetary justice, addresses emblematic cases ranging from climate change to environmental violations. Their judgments and recommendations are formulated based on the Universal Declaration of the Rights of Mother Earth, aiming to advance proposed amendments to recognise the crime of Ecocide within the Rome Statute of the International Criminal Court.

The history and impact of the Tribunals

The International Rights of Nature Tribunal has met five times:

  • January 2014, Quito, Ecuador, presided by Dr. Vandana Shiva.
  • December 2014, Lima, Peru, presided by Alberto Acosta.
  • December 2015, Paris, France, presided by Cormac Cullinan during COP21.
  • November 2017, Bonn, Germany, presided by Tom Goldtooth during COP23.
  • November 2021, Glasgow, Scotland, presided by Leonardo Boff during COP26.

Parallelly, the International Rights of Nature People's Tribunals, organised by the Earth Law Center (ELC) and allies, reframe and adjudicate environmental and social justice cases within a RoN context.

Although lacking formal legal authority, these Tribunals offer sophisticated legal analysis, recommend mitigation strategies based on RoN, and educate diverse stakeholders on the principles of nature's rights.

The aim is to eventually attain formal global authority to address violations of nature's rights, drawing on existing legal frameworks and the Universal Declaration of the Rights of Mother Earth.

The genesis of the RoN Tribunals can be traced back to the vision of the Global Alliance for the Rights of Nature, inspired by international tribunals like those for war crimes and human rights violations. The tribunals aim to exert social pressure, fostering the development of international RoN law and promoting a change of consciousness. The history of the International RoN Tribunal includes sessions in various locations worldwide, each presided over by prominent figures in environmental justice.

While the Tribunals are non-binding, they are proving their potential to impact outcomes. The fourth Tribunal held in Bonn, Germany, heard a case on a proposed road through Bolivia's National Park and Indigenous territory („Territorio Indígena y parque nacional Isiboro Sécure“, TIPNIS). This case was exceptionally high profile, and due to media coverage generated by the Tribunal, Bolivia's President Evo Morales halted (temporarily) the road project. The Tribunal sent a commission of GARN RoN experts to explore conditions on the ground in TIPNIS in August 2018, who then released a report about the impacts of the proposed road project, presented within the framework of the Universal Declaration of the Rights of Mother Earth and other relevant legal RoN documents.

Regional and local initiatives

In addition to the four International Tribunals, two Regional and eight Local have conducted hearings. Among these are:

  • Two hearings in Quito for Yasuní ITT National Park in Ecuador (April 11th, 2014 – conducted by Boaventura de Sousa Santos; and August 15th, 2014, led by George Caffentzis);
  • Two hearings in the San Francisco Bay Area, first against Chevron (October 5th, 2014, led by Anuradha Mittal) and second for the Delta Ecosystem (April 20th, 2016, with the participation of Pennie Opal Plant, Liz Hosked, Gary Mulcahy, and Tim Stroshane); and
  • An initial hearing in Brisbane, Australia on the Great Barrier Reef (October 15th, 2014, which included prominent Australian scientists and lawyers).
  • The European Tribunal for the Rights of Aquatic Ecosystems was held in 2021, hearing five cases: Mer de Glace, French Guiana, Lake Vättern, Balkan Rivers, and Marseille.
  • The creation of a Permanent Regional Tribunal in Australia, which had its first full hearing on October 22nd 2016. This Tribunal is unique in Australia, as it is the first time Indigenous and non-Indigenous people have stood together to speak for the natural world and demand the transformation of the legal system to recognise the rights of nature.
  • A local hearing in Yucatan, Mexico, from 9th-14th March 9th on the case of the Tren Maya. This proposed development poses a serious risk to local ecosystems and communities.

The International Tribunal of RoN is a transformative force in environmental advocacy. The Tribunal has empowered voices globally, particularly those of Indigenous Peoples, to testify about Earth's degradation. Its holistic approach, recognising the intrinsic rights of ecosystems and guided by the Universal Declaration of the Rights of Mother Earth, sets a powerful precedent. The Tribunal's commitment to fostering international Rights of Nature law remains central to its ongoing legacy in ensuring the planet's safety and preserving biodiversity while respecting ecosystem dynamics.

 

Jess Tyrrell serves as the Operations Officer at the Wild Law Institute. She is passionate about the interplay between societal well-being and environmental preservation. Committed to inclusivity, Jess actively supports community engagement programs, promoting environmental awareness and empowerment within marginalised South African communities.

 

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