A lagoon in the Spanish region of Murcia has, since last week, been granted the status of a legal entity, just like people and companies. Spain is thus the first European country to grant rights to nature.
Sun, sea, and stench. The polluted water of the Spanish lagoon Mar Menor (small sea) regularly confronts bathers with a rotten smell. The inland sea of 135 km² is located on the southeast coast of Spain and is separated from the Mediterranean Sea by a narrow sandbank of over 20 kilometres. Each year, the lagoon attracts tens of thousands of tourists to the region.
In 2016, environmental movements sounded the alarm as they saw that 'the rights of the ecosystem' were in danger. Due to poor sewage systems, fertilisers, and discharges of mining waste, the water became polluted, leading to an increase in aquatic plants and algae, which suffocated the lagoon due to a lack of oxygen. Massive fish die-offs occurred in October 2019 and August 2021. The largest seawater lagoon in Europe had turned into a 'green soup'.
After the Spanish Congress almost unanimously approved a bill in July, the Senate also voted on 21 September in favour of the special protection of the lagoon. The initiative reached Congress after a successful legislative initiative that gathered more than 600,000 signatures. The campaign thus far exceeded the threshold of 500,000 required signatories.
Guardianship
By recognising the lagoon as a legal entity, it gains legal guardians who represent its interests. 'You can compare it to the guardianship of a minor child,' says lawyer Dries Verhaeghe from the environmental movement Dryade. Through his foundation, he advocates for nature and the environment through legal means. 'In this legal construct, it is notable that anyone can approach the Spanish court if the interests of the lagoon are threatened.'
Specifically, the law states that the lagoon has the right to protection, preservation, maintenance, and, if necessary, restoration. Guardianship over Mar Menor is in the hands of three bodies. Representatives from government services and citizens who promoted the bill make proposals to safeguard the rights. Politicians from local councils and representatives from interest groups sit on a follow-up committee. They disseminate information about the law and monitor compliance with the rights. Finally, a scientific committee of independent experts keeps an eye on the state of the ecosystem and advises the other bodies.
'The situation with the lagoon has been getting worse,' says Rosío García. As a member of the citizen movement SOS Mar Menor, she is pleased that the regional pride is now better protected against pollution from intensive agriculture and surrounding villages. 'If individuals or companies now cause damage to the lagoon, they must compensate for it after a conviction.'
Ecological statement
The Spanish law creates a European first, but is inspired by legal initiatives elsewhere in the world. In 2014, New Zealand granted the Te Urewera nature reserve the status of legal person, making it the first in the world to do so. This was followed, under the influence of the indigenous Māori population, by the Whanganui River and Mount Taranaki. Indigenous groups also played an important role in South America in granting rights to nature.
For instance, the Ecuadorian constitution of 2008 explicitly mentions 'the rights of nature'. Two years later, Bolivia adopted the 'Law of the Rights of Mother Earth'. These laws are not only ecological statements but can indeed have an impact. The Constitutional Court in Ecuador dismissed mining plans late last year because they would violate the fundamental rights of a forest.
The rights of nature have also been discussed in the Netherlands. Professor Tineke Lambooy from Nyenrode Business University advocates for the legal protection of the Wadden Sea, and the action group Embassy of the North Sea aims to represent the North Sea 'as a fully-fledged political player' in the long term.
What the practical consequences of legal personhood for the Spanish lagoon will be remains to be seen. 'It is a new measure and an experiment in Europe,' says Verhaeghe. 'In five years, we can evaluate what it has yielded.' Meanwhile, Rosío García from SOS Mar Menor hopes that pollution will be halted and that the restoration of the lagoon can begin. According to her, Mar Menor needs twenty years to recover.