Posted by: r.m. | February 24, 2009

environmental rights — within the Venezuelan constitution

emphasis added is my own

“Chapter IX
Environmental Rights

Article 127: It is the right and duty of each generation to protect and maintain the
environment for its own benefit and that of the world of the future. Everyone has the
right, individually and collectively, to enjoy a safe, healthful and ecologically balanced
life and environment. The State shall protect the environment, biological and genetic
diversity, ecological processes, national parks and natural monuments, and other areas of
particular ecological importance. The genome of a living being shall not be patentable,
and the field shall be regulated by the law relating to the principles of bioethics. It is a
fundamental duty of the State, with the active participation of society, to ensure that the
populace develops in a pollution-free environment in which air, water, soil, coasts,
climate, the ozone layer and living species receive special protection, in accordance with
law.
Article 128: The State shall develop a zoning policy taking into account ecological,
geographic, demographic, social, cultural, economic and political realities, in accordance
with the premises of sustainable development, including information, consultation and
male/female participation by citizens. An organic law shall develop the principles and
criteria for this zoning.

Article 129: Any activities capable of generating damage to ecosystems must be
preceded by environmental and socio-cultural impact studies. The State shall prevent
toxic and hazardous waste from entering the country, as well as preventing the
manufacture and use of nuclear, chemical and biological weapons. A special law shall
regulate the use, handling, transportation and storage of toxic and hazardous substances.
In contracts into which the Republic enters with natural or juridical persons of
Venezuelan or foreign nationality, or in any permits granted which involve natural
resources, the obligation to preserve the ecological balance, to permit access to, and the
transfer of technology on mutually agreed terms and to restore the environment to its
natural state if the latter is altered, shall be deemed included even if not expressed, on
such terms as may be established by law.”

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Responses

  1. Excellent! let’s hope they implement those Articles!
    And when they do, let’s hope they’ll do it fairly…!

  2. well, these are some laws that could preserve the environment in Venezuela. But one should see if they could be apply… at what stand people and citizens could apply and interact with these laws to preserve the ecosystem….
    Hope these article could be transfered to the Lebanese constitution so be applied so that we could be really proud of our green zones.

  3. Honestly I didn’t think that Venezuela have reached this level of development!! One criterea to measure the degree of development of a country is the presence of legislations protecting the enviroment… Anyway, these ideas are present in the constitution which makes them very important, but they should be accompanied by separate laws which give the authorities the power to implement them…

  4. Laws are definitely the first step on the way towards a cleaner environment. However, I am more interested in learning about the extent to which they are applied. Also , in case they are applied I wonder about the mechanisms and penalties that the government is using. Anyway, the presence of such laws, on its own, is very impressive. I was surprised by some articles, which I wouldn’t have thought of, but that make perfect sense once you read them. Example: the second part of article 129.


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