B.C. Lawyers Help Peruvian Indigenous Community Get a River Declared a Person with Legal Rights

In a groundbreaking decision, a Peruvian court recognized the Marañón River as a legal person, granting it rights to exist, flow, and remain uncontaminated. The verdict, achieved through the efforts of the Kukama Indigenous Women’s Federation and supported by Canadian legal experts, underscores the growing global trend of environmental personhood. This legal milestone highlights the importance of Indigenous stewardship in addressing environmental challenges.

Key Facts:

• The lawsuit, filed in 2021 by the Kukama Indigenous Women’s Federation, sought to protect the Marañón River from decades of oil spills, illegal mining, and modern development that threatened its ecosystem and the livelihoods of surrounding communities.
• In March 2024, a Peruvian court declared the Marañón River a legal person, granting it inherent rights to exist and thrive. The ruling named the Kukama people as the river’s guardians, emphasizing their deep spiritual and cultural connection to the waterway.
• The Peruvian government’s appeal against the decision was rejected in October 2024, cementing the river’s legal personhood.
• Legal expertise from the University of Victoria’s Environmental Law Centre (ELC) played a pivotal role. Their amicus curiae submission highlighted Indigenous Guardian programs in Canada, offering parallels for sustainable resource management and co-governance.

The Story Behind the Legal Victory: The Marañón River, a vital tributary of the Amazon, has long been central to the Kukama people’s way of life. For generations, the river has provided sustenance, cultural identity, and spiritual significance. However, oil spills and unregulated mining activities have caused irreparable harm, prompting the Kukama Indigenous Women’s Federation to take legal action.

The lawsuit was bolstered by international support, including Canadian environmental law experts. Their insights on Indigenous co-governance and environmental stewardship were instrumental in persuading the Peruvian judiciary to recognize the river’s legal personhood. This collaboration underscores the power of cross-border advocacy in addressing global environmental issues.

The Concept of Environmental Personhood: Environmental personhood grants natural entities, such as rivers and forests, the legal rights traditionally reserved for individuals. These rights allow ecosystems to be represented in court by guardians, enabling proactive measures to protect their health and integrity.

This concept has gained traction worldwide. For example:

• In 2017, New Zealand recognized the Whanganui River as a legal person through the Te Awa Tupua Act. This groundbreaking legislation was rooted in the Māori people’s view of the river as an ancestor, with human and Crown-appointed guardians ensuring its protection.
• India’s Ganges and Yamuna Rivers were granted legal personhood in 2017 to combat severe pollution. While this decision sparked debate, it marked a significant step toward holding polluters accountable.
• In Canada, the Magpie River in Quebec was granted legal rights in 2021, including the right to flow, maintain biodiversity, and be free from pollution. Guardians appointed by local Indigenous groups and municipal governments now advocate for the river’s protection.

The recognition of environmental personhood has its roots in the landmark 1972 U.S. Supreme Court dissent by Justice William Douglas in Sierra Club v. Morton. Douglas argued for granting standing to natural entities, stating that those with a close relationship to these entities should act as their legal representatives. While the legal framework has evolved since then, Douglas’s vision continues to inspire environmental advocacy.

Implications of the Marañón River Decision: The Marañón River ruling is a testament to the global shift toward integrating Indigenous knowledge into environmental governance. By recognizing the river as a legal entity, the court has set a precedent for addressing ecological degradation through innovative legal mechanisms.

This decision also places accountability on the Peruvian government and corporations like Petroperú, which have been implicated in numerous environmental violations. The court’s ruling requires updated environmental management plans and the establishment of a watershed management committee with Indigenous representation.

Closing Remarks: The recognition of the Marañón River’s legal personhood is a victory not only for the Kukama people but for environmental justice worldwide. It demonstrates the potential of legal frameworks to protect ecosystems and empower Indigenous communities as stewards of their ancestral lands. Future challenges will lie in enforcing the ruling and ensuring meaningful collaboration between Indigenous groups and government entities. This case serves as a call to action for other nations to explore environmental personhood as a tool for sustainability.