Mother Earth has been evolving 4,500,000,000 years ago, based on biotic factors, then incorporated into its dynamics and biotic elements at the present time we are interconnected with them, causing great changes that have altered many natural processes, which against us are reversing it, which leads to the human species could disappear. So the earth will continue to evolve with or without us to the extent that we disturb the equilibrium ecosphere. For this reason the organized social movements and organizations in Mirada, Venezuela, March 20, 2010 a National Summit on climate change and the rights of Mother Earth to make a declaration to be submitted to the World Conference of Peoples Climate Change and the Rights of the Mother Earth in Cochabamba, Bolivia from 19 to April 22, 2010, in this statement is proposed rights of Mother Earth and the duties or obligations of the human species for these rights to ensure continuity of human beings in the process of changing it.
In the context of the emerging rights of Mother Earth (Pachamama):
We recognize:
“The need to understand that climate change is an opportunity to further deepen the catalog of human rights so far recognized as rights of first, second and third generation. “In light of the foregoing, the human species should now have more rights obligations towards Mother Earth.
“The condition of the rights of Mother Earth ultimately realize the emerging rights of future generations (Tran generational character) now mainly converted obligations of current generations.
“The emerging notion of collective rights is founded on the same clothing that makes Mother Earth as a new subject of law through which are guaranteed for future generations.
“An Ecological World Court would base the duty to develop strategies and implement actions in which there is a reversal of the burden of proof as to the impact on Planet Earth can cause a specific human activity. In this regard, the Court would have jurisdiction to enforce even its own initiative and without trial sanctions on companies, states, corporations and individuals, based on the real and effective application of the precautionary principle contained in dubious pro natural in the Declaration of Principles of the Summit Earth 1992 (Rio Summit). Words that could punish and suspend, where necessary, the participation and expansion of large corporations, multinational and transnational primary responsibility for the consequences of climate change in policies, plans and programs for agricultural projects current-production, public and private.
Premises for a catalog of Rights of Mother Earth:
The recognition of Mother Earth as a rights holder that existed before the existence of mankind, necessarily entails the transformation from the traditional concept of right subject to an anthropocentric view of nature intervention.
1 .- The rights of Mother Earth include all the human rights enshrined and even those who are not expressly mentioned.
2 .- In this sense, the emerging rights of Mother Earth and would be the result of the conjunction of a set of new rights of future generations that are configured on obligations of present generations.
3 .- The new subject of law is Mother Earth, but the general interest or diffuse involving exercise, nothing prevents these rights have to be more specific target men and women that can be erected in his name.
4 .- The nature of legal subjects acting on behalf of Mother Earth, do it with a very specific purpose: to avoid any activity that endangers the good life, Metro first and then the human species.
5 .- The most important premise of the rights of Mother Earth it is the territorial nature of the same, i.e., every space rich in biological diversity and cultural (tangible and intangible) gives content to the rights of Mother Earth. That would be the territorial nature of the emerging rights.
6 .- Under the above, territorial rights are those that are granted to indigenous peoples and communities, rural communities and rural and local communities or any other, to be erected on behalf of Mother Earth to promote action Justice to seek care and good living.
7 .- The rights of Mother Earth are developed and configured through land rights, which would be the complementarily of indigenous rights, the rights of farmers or the rights of other social groups that require the territory of the land and resources to ensure their own on-experience.
8 .- The rights of the Mother Earth would fall into the category of rights which we have called emerging collective rights. These are intended to ensure the commons (public) of humanity, to preserve life on Earth and Planet and the continuity of the human species.
9 .- The notion of emergence of collective rights, is based on the idea of the emergence of new social actors also subject to new rights emerging. But the idea is manifested in the establishment along with the rights, obligations to future generations, but above all, commitment to Mother Earth. The exercise here is inseparable right to the fulfillment of an obligation.
10 .- One of the central aspects of these rights is that both his tenure as its materialization occurs bottom-up “, i.e. from the very subjects of rights. A subject of law is he to whom it may concern a rule which establishes rights and obligations. Accordingly, a subject of law is also the recipient of a rule
11 .- The exercise of these emerging collective rights can also occur through the definition and implementation of public policies “from below” which would become a tool and a mechanism for the exercise of rights under national and international level.
