Guardianship of Nature

WHEREAS

Recognizing the shortcomings of anthropocentric legal frameworks, which largely treat Nature or Mother Earth as a mere commodity or resource, and which fail to recognize the unique wants, needs, and voices of life on Earth aside from its value to humans; and

Building on the foundations laid by the 7th World Wilderness Congress (2001), which called for the development of a jurisprudence recognizing humans as inseparable from the planetary ecosystem, and the 10th World Wilderness Congress (2013), which supported the worldwide recognition of the inherent rights of Nature; and

Applauding the growing number of legal guardianship bodies that serve as the human face and voice of Nature, such as Te Pou Tupua, the legal guardianship body for the Whanganui River in Aoteroa New Zealand, along with legal guardianship bodies fulfilling the legal rights of the Atrato River in Colombia, Mar Menor saltwater lagoon in Spain, and Marañón River in Peru (in development), amongst others; and

Noting that Nature’s voice is also being elevated in law and society through other innovations, including the establishment of a Mother Earth Ombudsman (Defensoría de la Madre Tierra) in Bolivia and by giving Nature a formal voice in governance, including within government and both for-profit and not-for-profit organisations;

Understanding that humans cannot fully represent the entirety of Nature’s diverse interests, yet despite this limitation, it is imperative to strive to provide a voice for more-than-human life in our legal and governance systems; and

Highlighting the critical role of Nature’s traditional guardians since time immemorial, namely Indigenous stewards who, based on their inherent relationships with and responsibilities to sacred lands, waters, and sky, have traditionally protected and safeguarded Mother Earth and all life within; and

THEREFORE

The 12th World Wilderness Congress emphasizes the importance of guardianship models and speaking for, with, and as Nature along with other ways to empower and protect the voice, interests, and rights of Mother Earth.

RESOLVED

To recognize the importance of guardianship models to provide formal representation for Nature within the legal system, better ensuring protection.
To recognize the importance of providing formal agency for Nature within governance mechanisms via human proxy models.
To support the empowerment and rights of Indigenous Peoples to serve as guardians of their sacred territories, recognizing their traditional knowledge and practices as vital to protect and restore Mother Earth.
To highlight and support other forms of governance where Nature’s voice is represented through human proxies or guardians, amongst other mechanisms.
To promote the adoption and implementation of laws and policies that grant legal rights to and guardianship of Nature, in addition to promoting jurisprudence based on the Inherent Relationships between Indigenous Peoples and their connected lands and waters and other non-rights-based inherent responsibility pathways.
To encourage all delegates and member organizations to acknowledge, respect, and empower the many voices of Nature within their own work, fostering a global movement to give Nature agency within the legal system and society.

PROPOSER

Name: Grant Wilson
Position/title: Earth Law Center
Country: USA
Email: gwilson@earthlaw.org

SECONDER

Name: Britt Gondolfi
Position/title: Rights of Nature Project Coordinator
Country: USA
Email: britt@bioneers.org