Government must plan for referendum on rights of nature, academics say

The Irish Government must begin planning immediately for a referendum on the incorporation the rights of nature into the Constitution, an all-island network of academics has said.

The Caucus on the Rights of Nature, led by the School of Law at Queen’s University Belfast (QUB), said the “potentially transformative” move would “radically advance the status and standing of Nature before the law” and would help it to be protected and valued.

Last month the Oirechtas Joint Committee on Environment and Climate Action published a report calling on the Government to begin the “preparatory steps” towards a referendum and to establish an expert group “with the resources to design and draft the potential question or questions.”

If Ireland was to vote yes in such a referendum, it would become the first EU member state to give the Rights of Nature legal protection in its Constitution.

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“Nature is part of our identity, and Ireland has an opportunity now to become the first European state to incorporate those rights,” said Dr Peter Doran, senior lecturer in the School of Law at QUB.

This, he argues, would have far-reaching consequences; giving nature constitutional protection would save species and habitats – not least human life – but would also reorientate priorities.

“There’s a moment here to reframe our regard for the environment ... by actually situating it within a celebrating of our own identity, our own indigenous language and stories and values derived from our island traditions.”

This “positive narrative” he said, would support “good action” that would result in a “more flourishing life, a life that is less costly to ourselves as well as to the landscape.”

Dr Doran said there was now a “very powerful mandate” for a referendum – as evidenced by support from the Citizen’s Assembly and Children and Young People’s Assembly as well as the Joint Committee – which was “reflective of a rapidly growing movement on the island and across the world.”

In addition, he said, “cultural actors are beginning to weigh in here because this is not just a legal or constitutional initiative, it’s about our identity, it’s about culture, it’s about even our spirituality.

“The Pope ... has referred to the right of the environment, that people are not the only subjects deserving of rights and protections.”

He said the first step should be for the Government to follow the recommendations from the Joint Committee, which “would include the formation and the resourcing of an expert group this side of an election.

“We will then be a position to see the parties that form the next government put that into the programme for government,” he said.

“My hope is that the momentum and the mandate will be honoured in a way that will not just let the thing fall off the table ... there’s every reason for the Government to honour the request that initial steps be taken right away.”

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