Does a River Have Rights? A Historic Ruling in Peru
In a groundbreaking decision, a Peruvian trial court has granted the Marañón River intrinsic legal rights, marking a significant milestone for environmental protection and Indigenous rights. Flowing from the Andes mountains into the Amazon, the Marañón River now holds the legal right to exist, flow, and remain free from pollution. This ruling represents Peru's first formal recognition of the "rights of nature," a concept affirming that ecosystems possess inherent rights to thrive and regenerate.
The Nauta provincial court, situated in Peru's Loreto region, declared that Indigenous organizations and government agencies are the appointed guardians and representatives of the Marañón River and its tributaries. This decision empowers these entities to advocate for the river in governmental and legal contexts. Attorney Martiza Quispe Mamani, who represented the Indigenous Kukama plaintiffs, celebrated the ruling as a historic and transformative victory for environmental justice.
For decades, the Marañón River has suffered from extensive pollution due to oil spills, hydroelectric dams, and development projects like the Amazon Waterway. The Kukama Indigenous communities, reliant on the river for sustenance, drinking water, and agriculture, have faced significant environmental and health challenges. The court's decision is a pivotal step towards protecting these vital waterways and ensuring their restoration.
“The Marañón River and tributaries full list of rights, as set forth in the court’s order includes:
The right to flow;
The right to exist in and support a healthy ecosystem;
The right to flow free from all contamination;
The right to feed and be fed by its tributaries;
The right to biodiversity;
The right to be restored;
The right to the regeneration of its natural cycles;
The right to the conservation of its ecological structure and functions; and
The right to protection, preservation, and recovery.”