Protecting Nature, Preserving Health: Ecuador's Nature Rights Story

Imagine a world without humans, where nature takes over. This transformation has been seen in the Chernobyl exclusion zone, where wildlife thrived. One Health is a holistic approach that recognizes the interconnectedness of human, animal, and ecosystem health. Ecuador, known for its biodiversity, faces challenges from deforestation. This leads to climate change, water and air pollution, loss of biodiversity, and health problems for the people. Indigenous communities are disproportionately affected and their traditional knowledge is crucial for protecting the environment. It is important to prioritize environmental justice and public health from a One Health perspective. Imagine for a moment a world where humans suddenly vanished. Picture our bustling cities once teeming with life, now eerily silent and still. The possessions we once held dear, now left behind, gradually being reclaimed by the earth. At first the change would be almost imperceptible. Food left uneaten would succumb to the microorganisms we once fought so hard to eradicate. Slowly the invasion of nature begins. Plants would start to creep into the spaces we created, and the concrete jungles would turn green with moth and vine. As years go by, trees will sprout in unexpected places. Their roots will pry apart sidewalks and split open roads. Eventually the silence will be replaced by nature's symphony. Forests will start to take back the land. Wildlife will fill the spaces that we left behind, rebalancing the ecosystems that were disrupted by our presence. The natural world, when given a chance, will flourish. We've seen this transformation before. In the wake of the Chernobyl nuclear disaster, an exclusion zone devoid of human presence became a thriving haven for wildlife, proving the resilience of the natural world. But let's consider not just the absence of humans, but the presence of something more profound. A world where humans live a balanced existence with nature. What would that even look like? I'm Arianna Agagovia, and welcome to Protecting Nature, Preserving Health, where we delve into the critical intersections of environmental justice, public health, and legal innovation, and explore the concept of One Health. So what's One Health, you ask? It's a holistic approach recognizing that the health of humans, animals, and ecosystems are inexpressibly linked. It's the idea that underscores the importance of maintaining ecological balance and promoting sustainable practices and protecting biodiversity. A key concept to keep in mind as we explore environmental justice in Ecuador. Situated in the heart of South America, Ecuador is a nation renowned for its stunning biodiversity and rich, diverse ecosystems. From the towering Andes Mountains to the lush Amazon rainforest, Ecuador is home to an incredible variety of flora and fauna. That's plants and animals. Famously inspired Charles Darwin's theories of evolution, whether this natural paradise faces significant environmental challenges that threaten both the environment and the health of its people. In this episode, we delve into how deforestation creates a cascade of issues and how Ecuador is responding to this challenge using law in new and innovative ways. In doing so, we investigate how we balance nature's needs with our own critical need for food, clear air, and water. So let's embark on this journey through Ecuador's natural and legal landscapes to understand how protecting nature is also about preserving health. Stay tuned! Ranking among the top 10 countries with the most tree species, Ecuador is a global biodiversity hotspot. It's home to many unique species found nowhere else in the world. At present, 22% of Ecuador's tropical rainforest ecosystems are threatened, putting countless species at risk of extinction. So why does deforestation take place in Ecuador and what are the impacts on nature? Ecuador lost about 12% of its natural forest cover between 1990 and 2018. This deforestation is mainly driven by the need for land for farming, livestock pastures, urban development, tourism, and oil extraction. Agricultural activities contribute to 60% of income and are vital for economic growth, providing jobs and resources. However, they come at a significant environmental cost. The Amazon rainforest is often referred to as the lungs of the earth and plays a crucial role in climate regulation. Deforestation exacerbates climate change through a feedback loop that accelerates the degradation of the forest. Forests act as carbon sinks, storing carbon dioxide absorbed during photosynthesis. When forests are cleared or burned, this stored carbon is released back into the atmosphere as CO2. Gases such as carbon dioxide, CO2, are greenhouse gases which trap heat in the Earth's atmosphere and lead to global warming. This all creates a positive feedback loop where deforestation accelerates climate change and climate change accelerates deforestation. Rising temperatures dangerously change the natural environment for many plants and animal species. For example, the new climate can favour an invasive species of tree that can out-compete the native trees. This reduces biodiversity and destabilises the forest's health and resilience. These dry conditions can heighten the risk of wildfires which can destroy vast forest areas. Exacerbating this is the fact that fires are often used to clear forests for agriculture as the soot left in the soil can act as an excellent fertiliser. These fires can easily get out of hand, changing the soil by altering the concentration of nutrients that native plants thrive on. But what are the health implications of this deforestation? Deforestation in Ecuador has profound impacts on the health of its people, worsening existing health problems and disparities. Firstly, the destruction of forests contributes to the deterioration of air quality, made worse by the burning of the forest and vehicle emissions in urban areas. Trees play a critical role in filtering pollutants from the air and producing oxygen. When forests are cleared, these natural filtration systems are lost, leading to increased levels of air pollution. This is particularly harmful to children and the elderly who are more susceptible to respiratory conditions like asthma and bronchitis. Additionally, deforestation negatively affects water quality. Forests are essential in maintaining the water cycle, preventing soil erosion and filtering contaminants. Without this natural vegetation, waterways become more prone to pollution. This results in the contamination of water sources with harmful chemicals and heavy metals, often from adjacent mining activities. Rural and indigenous communities who frequently rely on these water sources for drinking, cooking and hygiene face increased risk of auto-borne diseases and other health complications. The loss of biodiversity can pose unexpected health risks. The disruption of the forest's ecosystem can lead to a spillover of zoonotic diseases. These are diseases which spread from wildlife to humans. Biodiverse ecosystems help to suppress the populations of disease vectors like mosquitoes and ticks that spread malaria and dengue fever. This is particularly concerning for indigenous populations living near deforested areas, where healthcare resources may be limited. Loss of biodiversity can also have indirect effects on health by disrupting the life of insects involved in crop pollination and natural pest control, affecting harvests on both the local and global scale. Further, deforestation causes soil erosion and degradation, reducing agricultural productivity and compromising food security. The loss of forest resources diminishes the availability of wild food, impacting nutritional intake of indigenous and rural populations. As deforestation causes climate change, new challenges are created for healthcare systems. Rising temperatures and altered weather patterns increase the frequency and intensity of extreme weather events, such as heat waves, droughts and floods. Vulnerable populations, including low-income communities and indigenous people, are often the hardest hit, as they have fewer resources to adapt to these changes. Addressing deforestation in Ecuador is not only an environmental issue, but also an issue of social justice and equity. Deforestation compromises the environmental integrity of neighbouring areas, intensifying social disparities and highlighting the need for comprehensive policies that prioritise environmental justice and public health from a One Health perspective. Indigenous communities face displacement, loss of income and poor health as their environments are degraded. While about half of the Amazon Basin is protected indigenous territory, nearly a quarter of these territories overlap with governmental concessions for mining and oil extraction. Where global biodiversity is declining, indigenous lands are the exceptions. The UN estimates that indigenous people protect 80% of the world's remaining biodiversity, demonstrating that humans can coexist with nature. For indigenous communities, deforestation goes beyond environmental degradation, profoundly affecting their cultural and ancestral legacy. These communities view humans as stewards of the land, with a responsibility to protect the natural environment. They maintain a deep connection to the forests and ecosystems that sustain them, embodied in the concept of Samak Kwazai, or Buen Vivir, meaning living in harmony with nature. For them, Samak Kwazai is a way of life, emphasising a spiritual bond with the earth, nature and all its inhabitants. For indigenous communities, such as the eight residing in the Amazon, it is long understood that harming the environment directly harms the people, a truth that only resonated with Western societies amid ecological crises. This intrinsic connection to the land has been ingrained in the culture's fabric for millennia. They recognise that the destruction of forests, rivers and wildlife jeopardises not only their physical survival, but erodes the spiritual and cultural essence of their existence, threatening to sever human's sacred bond with nature. This profound wisdom underscores the urgency of protecting indigenous lands, honouring traditional knowledge and fostering harmonious and sustainable relationships with nature for the collective welfare of present and future generations. Historically, indigenous people in Ecuador were excluded from political process. They received minimal support from the state, even as their lands were increasingly exploited. Facing worsening conditions, indigenous communities began to organise and advocate for their rights. Social movements emerged demanding a new approach to development that would safeguard the environment and harmonise human-nature relationships. This leads us onto the concept of nature's rights, an idea that forever changed Ecuador's relationship with nature, helping to mitigate the disastrous effects that humans have had on the environment. Coming up, the trial of Ecuador versus deforestation. The presidential election of Rafael Correa in 2006 marked a new political era in Ecuador. Running on an anti-neoliberal platform, his administration focused on addressing the vulnerabilities of the economy, which heavily relied on the extraction of natural resources. His government, with the help of indigenous leaders, pushed for systemic changes that culminated in the adoption of giving rights to nature. Within Ecuador's 2008 constitution, making it the first country in the world to make it legally enforceable. So before we go any further, let's define what we mean by giving rights to nature. Rights of nature are essentially legal rights given to natural entities to recognise their intrinsic value and right to not only exist, but to persist and regenerate. Nature's rights do not need to compete with human interests, but aim to ensure a balanced co-existence. This idea is not as radical when you consider the fact that corporations were already considered legal entities who wanted rights and protections. But why should we bother? How does this protect nature in Ecuador? Unlike traditional laws that focus on specific issues or species, rights of nature provides a comprehensive protection to the ecosystem as a whole and acknowledges their intrinsic value beyond the use to humans. The rights of nature movement presents a fundamental shift in how we perceive and interact with the environment and emphasises the interdependence of all living beings. This aligns with the concept of one health and sustainability principles, as well as long-term stewardship rooted in indigenous beliefs and other religions around the world. Therefore, rights of nature collaborates with underrepresented communities to promote a more inclusive and respectful approach to environmental governance. This also makes nature a legal entity so it can be represented in court. In Ecuador, this means that any citizen can file a lawsuit on behalf of a river, forest or ecosystem. This engages the community in a conversation and promotes environmental education and awareness, leading to better health practices and improved community health outcomes. This framework aims to prevent ecological harm rather than merely responding to it when it happens. For instance, local communities and environmental groups have used these rights to challenge illegal deforestation operations and unsustainable agricultural practices in court. Successful legal actions have resulted in the suspension of deforestation activities and the implementation of reforestation projects. Ecuador's rights of nature laws are a cornerstone of its efforts to combat deforestation and its public health impacts. Let's explore some key mitigation measures. Reforestation efforts Ecuador has initiated large-scale reforestation projects aimed at restoring native forests. These efforts not only sequester carbon dioxide, helping to mitigate climate change, but also restore habitats and preserve biodiversity, and maintain ecosystem services that are essential for human health, such as clean air and water. Sustainable agriculture practices Ecuador seeks to balance agricultural productivity with environmental preservation by promoting sustainable land management practices and agroforestry. Agroforestry is a practice of planting trees on the same piece of land as the agricultural activity. These practices help reduce deforestation pressures and maintain soil health, ensuring long-term agricultural viability and food security. It does all this while providing alternate income sources that do not rely on forest exploitation. Greenhouse gas emission reduction policies Ecuador created policies aimed at reducing greenhouse gas emissions by transitioning to renewable energy sources and improving energy efficiency. These measures contribute to the global climate change mitigation efforts, indirectly reducing the deforestation caused by activities like oil extraction. Giving rights to nature is an approach that aligns with the ideas of One Health, emphasizing the interconnectedness of human, animal and environmental health. By integrating legal protections, community involvement and sustainable practices, Ecuador can safeguard its forests, improving public health and promoting the well-being of its people and the planet. While the Rights of Nature framework offers tools for mitigating deforestation, its implementation faces challenges. Immediately after signing the 2008 constitution, the Ecuadorian government planned to boost the economic growth through large-scale mining and oil extraction, often in fragile and protected ecological areas. Profits from these activities were deemed necessary for developing a post-fossil fuel energy sector, reducing poverty and expanding public services like education and healthcare. This directly conflicted with the newly established Rights of Nature, leading to numerous legal battles and significant public protests, with hunger strikes, injuries and arrests of indigenous leaders, charged with terrorism for protesting mining activities. The government's mixed response to these conflicts, sometimes invoking Rights of Nature to support its initiatives and other times ignoring Rights of Nature to push forward economic projects, revealed the complexities and contradictions in balancing environmental needs with human needs. Most Ecuadorian industries rely on access to natural resources to operate. Can you really persecute businesses for trying to make money in a capitalist society that's motivated by money, especially when they provide so many jobs for marginalized communities? We can't ignore the needs of the people, especially in developing countries. However, finding a balance between meeting these needs and protecting nature's is crucial for sustainable development. The conflicts between the Ecuadorian government and Rights of Nature activists highlight the need to strengthen the Rights of Nature principles in legal practice. Two major obstacles emerged. Firstly, the events were highly politicized. Lawsuits became battlegrounds, overshadowing the core issues. While the politicization of Rights of Nature initially hindered its progress, it also served as a catalyst for its development within the legal framework. Secondly, many judges and lawyers lack sufficient understanding of Rights of Nature and its implications. Rights of Nature often clash with the idea of ownership in traditional legal systems, which prioritize economic development, typically at the expense of environmental protection. In these lawsuits, judges frequently ruled that economic activities are protected by individual or corporate rights, such as property rights and the right to work, which takes precedence over nature's rights. This underscores the significance of judges possessing comprehensive knowledge of Rights of Nature to ensure its effective implementation and to establish the new normal, even when it's against their traditional legal training. Investing in legal training and increasing the number of environmental lawyers and judges can help improve the enforcement of Rights of Nature. Continued efforts are needed to strengthen legal mechanisms, enhance community participation, and to create clear goals. So as you can see, giving Rights to Nature is a complex issue with many challenges to overcome. Despite these challenges, several countries outside of Ecuador have implemented legal frameworks that grant Rights to Nature with varying degrees of success. For example, India, New Zealand, Bolivia, and local initiatives in the United States and Canada have embraced the concept of Nature's Rights. How well these policies work can depend on how clear the guidelines are. For example, in India, they faced challenges because there weren't clear rules about who's responsible or legally liable for looking after nature and who's accountable for causing harm to it. Efforts should be made to simplify the legal framework and ensure that it's accessible and understandable to local courts and communities. It's also important to recognize the specific context of where Rights of Nature are implemented. In Ecuador, the Rights of Nature framework operates within a context where large portions of the country remain relatively undeveloped and rich in biodiversity. This contrasts sharply with the situation in the UK where environments are highly urbanized and built up leaving little untouched natural space. In the UK, the application of Rights of Nature would face different challenges such as reconstructing existing urban industrial landscapes which may not be as immediately impactful or feasible. So, we've come to the end of our journey through Ecuador's lush legal landscape exploring the profound implications of granting legal Rights to Nature. Ecuador stands as a beacon of environmental innovation teaching us that protecting nature ensures the well-being of all in twins of the linked life forms. The concept of One Health underscores this emphasizing how our health is entwined with the planet's. Healthy ecosystems provide essential resources that are threatened by deforestation and risk the health and well-being of all. Granting Rights to Nature shifts our relationship with the environment and challenges traditional legal systems. Ecuador's Rights of Nature framework aims to comprehensively protect ecosystems ensuring that they can regenerate and thrive as well as promoting a harmonious relationship between humans and nature for sustainable development and environmental justice for present and future generations. Implementing these Rights isn't straightforward. The conflict between economic development and environmental protection is evident. Ecuador's resulting legal battles and public protests reflect these complexities of enforcing these Rights in practice. But despite these challenges, Ecuador empowers its citizens to defend the environment proactively creating a compelling vision of the future. As we conclude, let's take a moment to reflect on what Ecuador's experience can teach us. For young listeners in the UK, this story might inspire you to think about how we can balance our needs with nature's in our communities. How can we ensure that our actions today preserve the planet's health for future generations? Thank you for joining me on this exploration. As we move forward, let's carry these lessons with us striving to protect and cherish the natural world that sustains us. Only by working together and considering different perspectives can we pave the way for a more sustainable future for all.