...at least on paper.

One unusual characteristic of Latin American nations is their proclivity to adopt new constitutions that reflect periodic swings in political philosophies. These documents are notable for their length and the proliferation of sections addressing specific issues. Pan Amazon nations have relatively recent constitutions, and all have at least one article that obligates the state to protect the environment. Guyana (1980) and Suriname (1987) still use the constitutions adopted following their independence, which provide a brief statement assigning the state the ‘duty’ to protect [or improve] the environment. Similarly, the now-defunct constitutions of Ecuador (1978) and Peru (1979), written following military rule, committed the state to protecting the environment; following the traditions of constitutional jurisprudence, however, these constitutional iterations left the details to the legislature.

Brazil’s 1988 constitution was radically different. It includes ten articles that address nature conservation or environmental management – a thematic focus that is surpassed only by provisions detailing the federal governance structure. More importantly, it was the first country in the Pan Amazon to include access to a healthy environment as a basic human right. The national charter of Colombia of 1991 is similarly detailed, with seventeen articles mentioning rights and responsibilities linked to natural resource management and environmental protection. Peru’s 1993 constitution is less specific, but it identifies environmental management as a core government function. The Colombian Constitutional Court ruled in favor of the Indigenous authorities of Pirá Paraná in Vaupés in their legal action against the Redd+ Baka Rokarire project. Image courtesy of Mauricio Romero Mendoza.

Venezuela’s 1999 constitution is radically different from those of Peru, Colombia and Brazil, because it lays out the framework for a socialist state, but it is not substantially different on environmental issues.

The constitutions of Ecuador (2008) and Bolivia (2009) represent another radical change in constitutional law. Not only do they include a phenomenal number of provisions that are typically the domain of legislation (land, water, air, forests, and biodiversity), but they also legalize the relationship between culture and the environment. Ecuador’s is the most emphatic, stating that Mother Nature (Pachamama) has rights that must be honored by human society.

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