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Oaxaca State (Mexico) Law: rights of rivers and other water sources

Oaxaca State, Mexico
Submitted in 2020, Ongoing
Provincial
Legislation
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).

Related Initiatives

Oaxaca (Mexico) State Constitutional Amendment on Rights of Nature
Visit Initiative
Oaxaca (Mexico) Court Case: Protection of the Salado and Atoyac Rivers
Visit Initiative

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/oaxaca-mexico-bill-recognizing-the-rights-of-rivers-and-other-water-sources/.

When using our data, please follow the FAIR and CARE Principles for data governance outlined in our Ethics Statement. We are doing our best to be correct in the information we provide, but if you notice any omission or inaccuracy, please report this to us immediately at info@ecojurisprudence.org so we can correct it.

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Legal Document

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

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