[Opinion] The rights of nature, a response to the climate and ecological crisis

Climate change makes rivers, rivers and all the various species that are an integral part of these ecosystems vulnerable. Indeed, rising temperatures have an undeniable influence on the water cycle, causing hurricanes, severe droughts and floods. This is why a dialogue for and between rivers as living environments is essential to preserve the very basis of our existence.

The climate crisis must therefore be understood as being linked to the ecological crisis. We cannot tackle one as we tried to do at COP27 in Sharm el-Sheikh, Egypt, without considering the other, which we will do at COP15 on biodiversity which will take place in Montreal this month.

A personality and rights

The International Observatory for the Rights of Nature (OIDN) has organized in Egypt and will organize in Montreal a dialogue aimed at discussing the importance of recognizing a personality and rights to nature and ecosystems, because the paradigm shift is fundamental to allow us to evolve from the search for environmental justice in which humans are the center towards an ecological justice where all species, even living generations, including us, become subjects and objects of justice.

Indeed, ecological justice considers the rights of other species with whom we share this common home that is the Earth. This protection serves as the perfect gear for the protection and effectiveness of human rights, because by protecting nature, we also protect the right to a healthy environment, the right to water and sanitation, biocultural rights, the right to health, and so on.

Recognition of the ecocentric approach in the text of the Convention on Biological Diversity which will be adopted at COP15 is fundamental for the future of our planet, and we point this out in three essential points.

First, it is important to recognize globally that this approach already exists in various legal systems, for example in Canada, following the recognition of the legal personality of the Magpie River Muteshekau Shipu on the North Shore, in Quebec.

Then, it must also be recognized that the rights of nature aim to fill the gaps in the current legal framework which maintains the status quo by allowing the ” business as usual » in terms of nature protection.

Finally, it is important to strengthen the intrinsic links we have with rivers, rivers and the territory in general, because it is also a question of identity and interdependence.

This is also the idea on which we are working with the Alliance Saint-Laurent, whose objective is to have the river recognized as a legal entity. Our approach led to the tabling of two provincial and federal bills in this regard last May.

More generally, the recent world conferences and the one to come in 2023 show a certain will on the part of the international community to move forward on the issue of water.

There is thus growing recognition of the importance of its valuation and management in efforts for climate action. It is in this logic that the efforts of the International Observatory for the Rights of Nature are in line to protect aquatic ecosystems with the recognition of rights to nature.

The “roots of our water”

Henk Ovink, United Nations special envoy for water-related issues, reminded us that we must take care of the “roots of our water”, namely aquifers, lakes, rivers and glaciers. To do this, we must absolutely restore the water economy as well as the water policy.

This requires adequate water management, starting from the idea that water could run out sooner than you think if you don’t take care to protect your sources. Consequently, this requires a better understanding of this living environment, a real change in the way it is perceived in the eyes of everyone, from civil society to decision-makers. Considerable work, but so necessary for the continuation of our world.

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