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Forum Day 1: participants gather at the indigenous Tupinambá village of Tukum

Day 2 of the Second Brazilian Rights of Nature Forum was held at the State University of Santa Cruz in Ilhéus

Rights of Nature has gathered force globally since Ecuador embedded the Rights of Nature (RoN) principles within its 2008 constitution. The potential of embedded RoN legislation in addressing both the climate and biodiversity crisis is shown by recent legal precedents, including the landmark Los Cedros case in Ecuador that successfully challenged extractive mining projects and protected biodiverse ecosystems.

The second Brazilian Forum for the Rights of Nature, held in Ilhéus in early October 2023, emphasised the need for a paradigm shift in addressing these two deeply intertwined crises by recognising the legal Rights of Nature. Supported through the SSRP Impact Fund, the ground-breaking forum brought together over 300 participants from indigenous groups, NGOs, the UN, academia, and activists, united under the banner of calling for the universal recognition of the Rights of Nature. The funding also facilitated the attendance of community representatives from Minas Gerais, who had previously collaborated with SSRP researchers in their project in May 2023 to explore the potential of establishing and drawing on Rights of Nature legislation in addressing mining threats in the area.

In Brazil, Forum organisers and partners MAPAS, have played a key role in establishing legal recognition of the rights of the Laje-Komi-Memen River in 2023 and embedding Rights of Nature within municipalities. It represents a powerful legal paradigm shift that recognises Nature as a subject with its own set of rights under constitutional law, rather than an object to be appropriated or exploited.

The first day of the Forum was held at the indigenous Tupinambá village of Tukum located within the Mata Atlantica Rainforest, a global biodiversity hotspot threatened by real estate speculation, sand mining and extractivism. With songs, dance and speeches, indigenous  visions and practices of relationships with Mother Earth were shared in the forum. Indigenous leaders called upon the participants from across the globe to directly support their over 500-year struggle for territory recognition against colonial domination. This ongoing struggle continues to threaten the lives and rights of these peoples to guaranteed territory in which to live according to their culture, language, political organisation and in coexistence with nature.  Although indigenous people represent only 5% of the global population, they protect 80% of the world’s remaining biodiversity within their territories, highlighting the intersectionality of indigenous land rights and Rights of Nature.

On day two, the forum convened at the State University of Santa Cruz in Ilhéus, and was a melting pot of sharing ideas and knowledge. The forum gained significance as it had been officially endorsed by the United Nations (UN) and served to kick-start the groundwork ahead of the UN Earth Assembly Brazil, set to take place in April 2024. A prime objective at the forum was to define the universal Rights of Nature, which will be fundamental for global debate and the incorporation into the Universal Declaration of the Rights of Mother Earth. Three foundational principles that echo the eco-centric vision of the Rights of Nature guided Forum activities – complementarity, reciprocity, and cooperation – that emphasise the symbiotic relationship humans share with nature and promoting nature's recognition as a rights-bearing entity.

Key outcomes of the forum included recognising the intersectionality of Indigenous Rights and the Rights of Nature, opposing the commercialisation of nature, and making several pivotal demands:

• Recognise nature as a bearer of inherent rights, valuing all forms of life
• Prioritise demarcation of indigenous and quilombola territories, ensuring exclusive custodianship to the respective communities
• Encourage public policies that align with the Rights of Nature, such as those supporting agroecology and responsible renewable energy
• Promote education and systems grounded in art, decolonised perspectives, and integrated decision-making processes
• Champion the Rights of Rivers, highlighting the recognition of the São Francisco River for its biodiversity significance.

A stark reminder of the life-threatening reality faced by those fighting for their rights came in the tragic death of Pataxó Hã Hã Hãe Ivan. This heartbreaking incident brought to the forefront the pervasive violence that looms and hinders the recognition of these fundamental land rights. News of Ivan’s death was shared by a young Pataxo, Tawary, who himself had recently been threatened for his involvement in territorial demarcation: ‘For us indigenous people, every day is a day of struggle…we just want our rights, peoples, culture, history and Sacred Mother to be respected and valued. We're asking for outside help so that we can guarantee our territories because…when it's not a physical threat of wanting to kill our relatives, it's a threat of wanting to cut down our forest’. Tragically, upon returning from the Forum he was attacked by gunmen and shot in the arm. Although recuperating the community lacks funding for even an MRI scan to assess the extent of damage the bullet may have caused on his muscle and nervous system.

The forum, inspired by the wisdom of indigenous and traditional communities, called for global recognition and protection of the Rights of Nature, echoing Pope Francis message conveyed in his recent Apostolic Exhortation Laudate Deum: ‘this is not just an environmental issue but a human and social concern, demanding collective action. Everyone must recognise the gravity of the situation, as the future of the upcoming generations hangs in the balance.’

To learn more about the SSRP-funded work being undertaken by Sussex researchers and their partners in Brazil on the Rights of Nature, visit their SSRP project page here. Discover how Ecoforensic, a community interest company set up by Professor of Conservation Ecology, Mika Peck, helps protect ecosystems under emerging Rights of Nature legislation through the collection of vital ecological data.

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