Summary
In 2021, civil society groups in Corsica, France launched a declaration of the rights of the Tavignanu river in response to threats by a landfill project. This declaration of rights was “a response to the current legal framework that authorises the pollution of an ecosystem that is nonetheless essential for maintaining and ensuring life in the region”. While the declaration is mostly symbolic, its ambition is to obtain the support of local elected officials and municipal communities of Corsica so that a local referendum can be organized regarding the Tavignanu river’s status.
Background and Legal Proceedings
The Tavignanu is an 88km long coastal river in Corsica. Despite being classified as a Natura 2000 Zone to protect its fauna and flora, the lower valley of the Tavignanu became the proposed site to host a landfill that threatened the quality of drinking water, irrigation, and posed a danger for biodiversity. In June 2016, authorization was granted to the Oriente Environment company to open and operate a buried waste facility adjacent to the Tavignanu River for the purpose of disposing household waste and asbestos products. This prompted a wave of protest and legal action by citizens, farmers, and professionals who cited concerns about the risks of potentially irreparable pollution to the river and surrounding areas. Following five years of legal proceedings in the Bastia administrative tribunal, Marseille administrative court of appeals, and Council of State, the case was dismissed and the proposed project was permitted to commence.
In response, on July 29, 2019, three associations (Tavignanu Vivu; UMANI; and Terre de Liens Corsica) drafted a Declaration of the Rights of the Tavignanu River, taking inspiration from conversations with the NGO Notre Affaire à Tous and learning about similar initiatives around the world. Later that year, the Assembly of Corsica approved a motion requesting priority review on the recognition of the Tavignanu river, ultimately recognizing the river as a living and indivisible entity and as having legal personality. In addition, the motion cited climate change, access to water for the Corsican people, and the importance of productive agriculture in Corsica. The declaration is intended to initiate a longer-term process aimed at securing legal recognition of the rights and legal personhood of the river.
Involved Organizations
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2025. Distributed by the Eco Jurisprudence Monitor.https://ecojurisprudence.org/initiatives/declaration-of-rights-of-the-tavignanu-river/.
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