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In October 2021, the promoters of a Popular Law Initiative (ILP) registered 639,826 handwritten signatures in the midst of the pandemic at the Central Electoral Board.
Each rubric represents the wish of a citizen, a request of last resort to save the Mar Menor from continued mistreatment.
From the Region of Murcia, its people ask that the law collect the recognition of the right to life of this salty lagoon, giving it legal personality, like people.
If approved, this would be
the first time in our country, but also in Europe, that an ecosystem acquires its own rights
.
It does not exist neither in the Spanish nor in the European legal framework, although it is not new in international law, since several countries, from Colombia to New Zealand, already protect several natural spaces with this figure.
Overcoming the first hurdle, the 500,000 headings established by law, the ILP del Mar Menor continued its process from the Table of the Chamber to the Government and the Commission for Ecological Transition and Demographic Challenge of Congress.
Later, a date was set for a representative to appear to explain and defend the reasons why this bill is presented.
On March 15,
Teresa Vicente, professor at the University of Murcia (UMU) and promoter of the idea, knocked on the Cortes gate
.
The Congress received it, listened to it and decided to open the doors to the Mar Menor.
"
I did not expect it. There was an express agreement from all the political groups, except one
, but that did not count on it," Teresa Vicente explains excitedly to EL MUNDO.
Rarely do we see deputies from all parties working together with such enthusiasm on a new law.
Without disagreements, for the Mar Menor and for the citizens, all the deputies (except one) gave their support so that this "new model", that of the rights of nature, is born in Europe with the label
made in Spain
.
The same Government of the Region of Murcia expresses its "respect for the Initiative and all those proposals that join the recovery and protection of the Mar Menor."
The only discordant voice is that of Luis Gestoso, a Vox deputy
in Congress, who calls the ILP an "anti-democratic beach bar dominated by the extreme left to control the Mar Menor."
This newspaper has contacted this party to explain its reasons.
At press time, there was no response.
"Some call us radical, but what is more radical than the degradation of the planet? In reality, it is a conservative measure because we are exercising our Constitution," says Teresa Vicente.
"
That the Mar Menor obtains its law of rights, being the first ecosystem in Europe to achieve it, will give it strength to resolve the illegality that exists around it
and to embark on a new path".
According to this professor of philosophy of law and director of the Chair of Human Rights and Rights of Nature of the UMU, the ILP is necessary because the law and the protection figures for the coastal lagoon have failed.
The citizen platform SOS Mar Menor, co-promoter of the initiative, agrees on this point.
"The fact that the ILP has reached Congress is an important milestone regarding the situation of the Mar Menor, since it gives us much-needed exposure at this time."
This grouping also raises a question surrounding the ILP, whether it will prevent the deterioration of the lagoon.
"We are confident that the ILP will be approved, although
there is always the question of whether it will really serve any purpose
. The Mar Menor has many protection figures that are not met."
Juan Luis Soto, national deputy of the PSOE highlights this and how complex it will be to integrate it into our legal framework.
"We will propose the appearance of experts, associations and public administrations. We want to see comparative law, how other countries treat it. We have the opportunity to
discuss a novel legal concept in our legislation
and that the text be the result of consensus through participation society in Congress.
The answer to how it works and the legal personality of natural spaces is found, among others, by
Te Urewera
Park (New Zealand, since 2014);
the
Atrato River
(Colombia, 2016);
the
Whanganui River
(New Zealand, 2017);
the
Colombian Amazon
(2018) and six other rivers in the country.
Less lucky were the Ganges (India, 2017) or Lake Erie (USA, 2019), with laws that were not approved or revoked.
Three steps away
Giving rights to an ecosystem would be a new concept for our country and for Europe.
Spanish law is not adapted to this scenario.
If it goes ahead, it would be necessary to reform any law (national or regional) that does not match what has been approved.
Given the poor health of the Mar Menor, the immediate question is:
how long will it take to achieve it?
What procedures remain and how long could they be resolved?
The answer is in three steps.
The date could be May.
"Now it goes to the plenary session of Congress, which has to admit that this proposal be discussed so that it becomes law. Once admitted, it would go back to the Ecological Transition Commission. If it took it into consideration,
it would become law and they would start the amendments
", explains Teresa Vicente.
Afterwards, the Commission would produce a report on how to deal with the new law.
To integrate a new legal framework, three levels are proposed, "
the national, the European and the international
", and the participation of expert jurists with previous international experience in including the rights of nature.
As for the expected time for it to see the light, "our goal is within the period that the law says, which would be at the end of May. In a month and a half, if they have the will that everyone has expressed, it can be resolved. Then It must be developed with a regulation, but we could have the law at that time", assures Teresa Vicente.
"
The Mar Menor is in the ICU and should not be delayed
."
Three committees to report the avalanche of the lagoon
To watch over the Mar Menor there are no longer two but three committees.
Hours before the defense of the ILP in Congress, the Government of the Region of Murcia made public
the creation of the Mar Menor Monitoring Committee
, which joins the Scientific Advisory Committee and the Social Participation Committee.
The newly created forum (of thirteen members, including the president of the Region Fernando López Miras)
will report every 15 days on the parameters that affect the Mar Menor
, while the Scientific Advice Forum provides the analysis and proposals of different experts.
When consulting its apparent redundancy, from the Ministry of the Environment they defend that the idea is
to periodically report on the health of the ecosystem
, as has been done with the coronavirus.
The Social Participation Committee, for its part, has the collaboration of different associations and entities.
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