Exploring options in law for the legal recognition of the ‘rights of nature’ in South Africa: lessons from Ecuador, New Zealand, India, and Uganda.
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Date
2024
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Publisher
University of the Western Cape
Abstract
Human-induced activities such as pollution, burning fossil fuels and deforestation among others have been blamed for the current global environmental crisis. The recognition of the rights of nature (RoN) could be one of the solutions necessary to alleviate this crisis. Many countries across the world including Ecuador, New Zealand, India and Uganda have embraced and codified the RoN as a tool that emphasises a more harmonious relationship between humans and nature and therefore, deserving recognition and protection. These countries have uniquely strengthened the RoN protection in varying ways. While Ecuador constitutionalised the RoN, New Zealand recognised legal personhood by reaching an agreement with an indigenous community and further drew up legislation focusing on one aspect of nature (in this case rivers) instead of nature as a whole. On the other hand, India relies on the judiciary to protect the RoN through litigation, and Uganda amended the existing law to include the RoN. Regrettably, South Africa’s position is unclear in considering the recognition of the RoN albeit its White Paper on the Conservation and Sustainable Use of South Africa’s Biodiversity which aims to recognise the intrinsic value of nature, in addition to jurisprudence recognising this right. This study explores the legal options for South Africa in recognising the RoN. It argues that such recognition would help supplement and strengthen the constitutional protection of the environment. It will allude to the experiences in Ecuador, New Zealand, India and Uganda, to determine what option South Africa could follow to recognise the RoN.
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Keywords
Anthropocene, Biocentric, Biodiversity, Buen vivir (Quality of life/Good living), Legal personhood
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