law no 071
LAW OF DECEMBER 21, 2010
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, has sanctioned the following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
MOTHER EARTH RIGHTS LAW
OBJECT AND PRINCIPLES
Article 1. (OBJECT). This Law aims to recognize the rights of Mother Earth, as well as the
obligations and duties of the Plurinational State and society to ensure respect for these rights.
Article 2. (PRINCIPLES). The principles of mandatory compliance, which govern this law are:
. Human activities, in the framework of plurality and diversity, must achieve dynamic balances with cycles and processes. inherent to Mother Earth.
Collective Good. The interest of society, in the framework of the rights of Mother Earth, prevails in all human activity and over any acquired rights.
Guarantee of the regeneration of Mother Earth. The State at its various levels and society, in harmony with the common interest, must ensure the necessary conditions so that Mother Earth's various systems of life can absorb damage, adapt to disturbances, and regenerate without significantly altering your
features of structure and functionality, recognizing that life systems have limits on their ability to regenerate, and that humanity has limits on its ability to reverse its actions.
Respect and defense of the rights of Mother Earth. The State and any individual or collective person respect, protect and guarantee the rights of Mother Earth for the Good Living of current and future generations.
Non-commodification. For which they cannot be
Interculturality. The exercise of the rights of Mother Earth requires recognition, recovery, respect, protection, and dialogue of the diversity of feelings, values, knowledge, knowledge, practices, skills, transcendences, transformations, sciences, technologies and standards, of all the world's cultures seeking to coexist in harmony with nature.
MOTHER EARTH, DEFINITION AND CHARACTER
Article 3. (MOTHER EARTH). Mother Earth is the dynamic living system formed by the
indivisible community of all living systems and living, interrelated, interdependent and complementary beings, who share a common destiny.
Mother Earth is considered sacred, from the worldview of indigenous nations and indigenous peoples
Article 4. (LIFE SYSTEMS). They are complex and dynamic communities of plants, animals, micro
organisms and other beings and their environment, where human communities interact and the rest of nature as a functional unit, under the influence of climatic factors, Physiographic and geological, as well as productive practices, and the cultural diversity of Bolivians and Bolivians, and the cosmovisions of indigenous peoples and nations originating from peasants, intercultural and Afro-olivianas communities.
Article 5. (LEGAL STATUS OF MOTHER EARTH). For the purposes of protecting and protecting your
rights, Mother Earth adopts the character of a collective subject of public interest.
Mother Earth and all its components including human communities are the holders of all the inherent rights recognized in this Law. The application of the rights of Mother Earth will take into account the specificities and particularities of its various components. The rights established in this Law do not limit the existence of other rights of Mother Earth.
Article 6. (EXERCISE OF THE RIGHTS OF MOTHER EARTH). Bolivians and
Bolivians, being part of the community of beings that make up Mother Earth, exercise the rights established in this Law, in a manner compatible with their individual and collective rights.
The exercise of individual rights is limited by the exercise of collective rights in the
systems of life of Mother Earth, any conflict between rights must be resolved a way that the functionality of life systems will not be irreversibly affected.
MOTHER EARTH RIGHTS
Article 7. (MOTHER EARTH RIGHTS)
I. Mother Earth has the following rights:
To Life: It is the right to maintain the integrity of the life systems and the natural processes that underpin them, as well as the capabilities and conditions for their regeneration.
To the diversity of life: It is the right to the preservation of the differentiation and variety of the beings that make up Mother Earth, without being genetically altered or modified in their structure artificial, in such a way as to threaten its existence, functioning and future potential.
To water: It is the right to preserve the functionality of water cycles, their existence in the quantity and quality necessary for the sustainment of life systems, and their protection against pollution for the reproduction of the life of Mother Earth and all its components.
Clean Air: It is the right to preserve the quality and composition of air for the sustainment of life systems and their protection from pollution, for the reproduction of the life of Mother Earth and all its components.
To balance: It is the right to maintain or restore the interrelationship, interdependence, complementarity and functionality of the components of Mother Earth, in a balanced way for the continuation of its cycles and the reproduction of its vital processes.
restoration: It is the right to the timely and effective restoration of life systems affected by human activities directly or indirectly.
To live pollution-free: It is the right to preserve the Mother Earth of contamination of any of its components, as well as toxic and radioactive waste generated by human activities.
OBLIGATIONS OF THE STATE AND DUTIES OF SOCIETY
Article 8. (OBLIGATIONS OF THE PLURINATIONAL STATE). The Plurinational State, in all its
levels and territorial areas and through all its authorities and institutions, has the following obligations:
Develop public policies and systematic actions of prevention, early warning, protection, precaution, to prevent human activities from leading to the extinction of populations of beings, the disruption of cycles and processes that guarantee the life or destruction of life systems, including cultural systems that are part of Mother Earth.
Develop balanced production patterns and consumption patterns for the satisfaction of the needs of the Bolivian people for Living Well, safeguarding the regenerative capacities and integrity of cycles, processes and balances vital of Mother Earth.
Develop policies to defend Mother Earth in the plurinational and international realm of overexploitation of its components, the commodification of life systems, or the processes that sustain them and causes Global Climate Change and its effects.
Developing policies to ensure long-term energy sovereignty from savings, increased efficiency and the gradual incorporation of alternative sources clean and renewable in the energy matrix.
Demandar in the field international debt recognition through funding and transfer of clean, effective and compatible technologies with the rights of Mother Earth, in addition to other mechanisms.
Promoting peace and elimination of all nuclear, chemical, biological and mass destruction weapons.
Promote the recognition and defense of the rights of Mother Earth in the multilateral, regional and bilateral spheres of relations
Article 9. (PEOPLE ' S DUTIES) Are the duties of natural and legal persons, public or
Defender and respect the rights of Mother Earth.
Promoting harmony in Mother Earth in all areas of their relationship with the rest of the human communities and the rest of the nature in the life systems.
actively participate, personally or collectively, in the generation of proposals aimed at respect and defense of the rights of Mother Earth.
Assume production practices and consumption habits in harmony with the rights of Mother Earth.
Ensuring the sustainable use and use of Mother Earth's components.
Reporting everything an act that atents to the rights of Mother Earth, her life systems and/or its components.
Accusing the call of the competent authorities or organized civil society for the realization of actions oriented to the conservation and/or protection of Mother Earth.
Article 10. (DEFENSE OF MOTHER EARTH). The Ombudsman's Office is created, whose mission
is to ensure the validity, promotion, dissemination and fulfillment of the rights of Mother Earth, established in this Law. A special law will establish its structure, functioning and attributions.
Remit to the Executive Body, for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, seven days a month from the The
year two thousand ten.
Fdo. René Oscar Martínez Callahuanca, Héctor Enrique Arce Zaconeta, Andrés A. Villca Daza, Clementina
Garnica Cruz, Ángel David Cortés Villegas, José Antonio Yucra Paredes.
Therefore, it is enacted to have and comply with the Law of the Plurinational State of Bolivia.
Palace of Government of the city of La Paz, at the twenty-one day of the month of December of two thousand ten years.
FDO. EVO MORALES AYMA, David Choquehuanca Cespedes, Oscar Coca Antezana, Maria Esther Udaeta Velasquez, Nemesia Achacollo Tola, Carlos Romero Bonifaz, Zulma Yugar Parraga.