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State of Oaxaca Mexico Law on the Rights of Rivers and other Water Sources

Mexico
Oaxaca
Submitted in 2020
Local law
Rights Of Nature
Rivers
Freshwater Ecosystem
Fredie Delfín Avendaño (congressman); Horacio Soza Villavicencio (congressman); Carlos Morales Sanchez (Litigio Estratégico Indígena A.C.); Claudia Brindis (UN Harmony with Nature; Grant Wilson (Earth Law Center)
Government, NGO

Summary

On December 8, 2020 a bill for the “Defense and Recognition of the Rights of Rivers and Other Water Sources of the State of Oaxaca, Mexico” was presented to the Congress of the State of Oaxaca (Mexico). The bill seeks to establish all the rivers and other water sources in the state of Oaxaca as subjects with rights, including fundamental rights to exist, thrive and evolve, and is a response to the water crisis in the region. The bill would also create the “Institute for the Defense of the Rights of Rivers and Other Water Sources” to represent Water Sources through Guardians that would ensure respect for their rights, interests, health and welfare (Litigio Estratégico Indígena A.C.).

On June 27, 2022 Carlos Morales Sánchez (Litigio Estratégico Indígena A.C.) filed a lawsuit in the District Court of the State of Oaxaca,
over the failure of the Congress of the State of Oaxaca to follow up on the legislative process initiated with the presentation of the bill in 2020, and that the 30 day review period had been violated. On September 30, 2022, the court ruled that the Commission of Water and Sanitation had thirty days following their ruling to present their draft opinion on the bill to the congress of the State of Oaxaca, and that legislative process on the bill must be fulfilled (District Court of the State of Oaxaca ruling 2022, 16).

Legal Document

To see the original legal document(s) for this initiative, click the links below:

(Spanish) Bill Defense and Recognition of the Rights of Rivers and Other Water Sources of the State of Oaxaca, Mexico [PDF]
(Spanish) Court Ruling: Rights of Rivers legislative review case [PDF]
(English) Court Ruling: Rights of Rivers legislative review case [PDF]

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