Wildfires, heat waves and unprecedented weather events are no longer breaking news. They have become our constant backdrop. Once again this year, we are facing the severe consequences of a destabilized climate system. We are witnessing painful and deadly climate extremes around the world, yet our collective response remains “too little, too late”.

We need hope, but hope is never a plan. As a global society and as global citizens, we urgently need concrete changes in how our legal systems treat the living world. Recognizing universal rights of nature is one answer.

With this in mind, at this year’s United Nations General Assembly in New York City in September, Panamanian President José Raúl Mulino proposed recognizing universal rights of nature. Panama’s goal is to lead the way toward a United Nations Universal Declaration of the Rights of Nature, recognizing nature as a direct “subject of rights” with intrinsic value.

To that end, on September 24, Panama, Tonga and Vanuatu launched the Coalition of Conservation States, with Palau and Dominica as founding members. The coalition aims to support dialogue around, and an intergovernmental process for, recognizing the rights of nature.

The Coalition of Conservation States is an informal, decentralized and voluntary platform. Interested member states can exchange experiences, share perspectives and contribute to ongoing debate and diplomatic engagement on the proposed United Nations Universal Declaration of the Rights of Nature through the United Nations Harmony with Nature process. It complements, rather than replaces, formal intergovernmental negotiations in the General Assembly.

Participation in the coalition does not imply approval of any particular legal framework, negotiation results, future documents or other documents. Rather, it gives countries a seat at the table as they navigate our shared future on this planet.

A novel legal approach to protecting nature

As catastrophic climate and ecological change continues to unfold around us, it is clear that existing legal frameworks were not built to stop it or adequately protect nature. Most environmental laws simply establish reporting requirements, schedules or prices for ongoing, long-term damage to the natural world. It is unacceptable that corporations have legal rights while nature has almost none.

Why I chose Kawa as my co-author

The current system recognizes the rights of corporations, but not those of the natural ecosystems that sustain life and make this planet habitable. It is time for a paradigm shift that gives nature equal status in the legal system.

Recognizing the rights of nature would work differently from traditional environmental law. These rights are essential because they would directly change how society interacts with the natural world. In the future, the needs of healthy ecosystems would need to be considered in all decision-making processes. This could be one of the most effective ways to hold companies, governments and individuals legally and financially accountable for their impacts on nature.

The rights-of-nature framework we are proposing includes several ecocentric principles to guide implementation. One is dubio pro natura, meaning that when in doubt, decision-makers should stand on the side of nature. The precautionary principle states that when there is uncertainty, precautions should be taken rather than inaction. Uncertainty cannot be used as an excuse for doing nothing.

So far, 30 countries already recognize natural rights in some form, and there are approximately 300 examples of natural-rights legislation, including Te Awa Tupua in New Zealand and Lake Mar Menor in Spain. Panama became the fourth country in the world to recognize the rights of nature at the national level, following Ecuador in 2008, Bolivia in 2010 and Uganda in 2019.

On April 10, we, JCN and CV, signed a joint memorandum of understanding committing to begin an international cooperation process to negotiate a United Nations Universal Declaration of the Rights of Nature over the coming years.

We are an unlikely combination of public-sector leaders and scientists, with different first languages, home countries and generations. But what unites us is our belief in giving nature a say in decision-making and protecting its most fundamental rights to survival.

Supporting life on Earth