Categoria: Idiomas

Ecological Constitutionalism in Latin America

Leonardo BoffDeixe um comentário

Modern Constitutions are grounded in an anthropocentric social contract. They do not include the natural contract; the accord and reciprocity that must exist between human beings and the living Earth, that provides us with everything and whom in reciprocity we care for and preserve. For that reason it would be natural to recognize that the Earth and the beings that comprise her are bearers of rights. However, classic contractualists such as Kant and Hobbes viewed ethics and rights as belonging only to relations between humans. They acknowledge human obligations only towards other beings, especially animals, in the sense of neither destroying them nor subjecting them to unnecessary suffering or cruelty.

The failure to consider that each being has intrinsic value, independent of its human use, its rational use, and that it is the bearer of the right to exist within the same common habitat, the planet Earth, has opened the path for nature to be treated as a mere object, to be exploited with no other consideration, in some cases, to the point of exhaustion. However, it fell to Latin America, as Eugenio Raul Zaffaroni, noted criminal lawyer and Justice of the Supreme Court of Argentina, shows in, Pachamama and the Human, (La Pachamama y el Humano, Ediciones Colihue 2012), to develop a constitutional theory of an ecological nature, where the Earth and all natural beings, particularly the animals and other living beings are endowed with rights. They must be included in the modern Constitutions that have put aside the deeply rooted anthropocentrism and the dominus paradigm of the human being as lord and dominant master of nature and of the Earth.

The new Latin American constitutionalists unite two currents: one, the more ancestral, is that of the original Nations, for whom the Earth (Pacha) is mother (Mama), hence the name, Pachamama, and is entitled to rights because she is alive and gives us all that we need, and, in the end, because we are part of and belong to her, in the same way as the animals, woods, jungles, waters, mountains and landscape. They all deserve to exist and to coexist with us, forming the great community and cosmic democracy.

They integrate this ancestral, efficacious, tradition of the Andean culture, that stretches from Patagonia to Central America, with the new understanding, derived from contemporary cosmology, genetic and molecular biology, and systems theory, that understands the Earth as a living super-organism that self regulates, (Maturana-Varela and Capra’s autopoiesis), seeking always to maintain life and the capacity to reproduce and to make it co-evolve. This Earth, called Gaia, consists of all beings, and generates and sustains the fabric of life in its vast bio-diversity. The Earth, as a generous Mother, must be respected, recognizing her potentialities and her limits, and therefore, accepted as a bearer of rights, -the dignitas Terrae- the basis for making possible and sustaining all the other personal and social rights.

Two Latin-American countries, Ecuador and Bolivia, have created a true ecological constitutionalism; in that regard, they are ahead of any other “developed” country.

The 2008 Montecristi Constitution of the Republic of Ecuador, explicitly says in its preamble: “We celebrate nature, Our Pacha Mama, of whom we are part and who is vital for our existence”. It then emphasizes that the Republic proposes to build “a new form of citizen coexistence, in diversity and in harmony with nature, to attain the good living, or sumac kawsay (plentiful life)”. In article 71º, chapter VII states: “nature or Pachamama, where life is reproduced and realized, has the right that her existence be wholly respected, the maintenance and regeneration of her vital cycles, evolutionary structure, functions and processes; all persons, communities, people or nationalities can demand of the public authority the fulfillment of the rights of nature… the State will encourage the natural and juridical persons, and the collectives, to protect nature and will promote respect for all the elements that form an ecosystem”.

The words of the preamble of the Political Constitution of the Bolivian State, approved in 2009, are moving: “Fulfilling the mandate of our peoples, with the strength of our Pachamama and thanks to God, we again found Bolivia”. Article 33º prescribes: “persons have the right to a healthy, protected and balanced environment. The exercise of this right must allow individuals and the collectives of the present and future generations, including other living beings, to develop in a normal and permanent manner”. Article 34º disposes: “any person, as an individual or in the name of a collective, is allowed to undertake legal actions in defense of the environment”.

Here we have a true ecological constitutionalism that has taken shape and form in the respective Constitutions. Such visions are forerunners of what should be included in all of humanity’s future constitutions. Only with such a mind and disposition will we guarantee a happy destiny on this planet.

Free translation from the Spanish by
Servicios Koinonia, http://www.servicioskoinonia.org.
Done at REFUGIO DEL RIO GRANDE, Texas, EE.UU.

The Hoopla around Boston makes us forget the possible End of the Species

Leonardo Boff2 Comentários

One would have to be inhumane and lacking compassion and solidarity not to become indignant and condemn the attack perpetrated in Boston, leaving two dead and hundreds wounded. But that does not excuse us from being critical. The incident was dramatized world-wide, with hidden objectives that must be unmasked. Many such incidents occur around the world, especially in Afghanistan and Iraq, in the presence of North American and allied troops. These incidents always result in many dead and hundreds of wounded. Almost no one pays attention to those facts, which are already viewed as natural, and are trivialized. Many think: they are terrorists or persons close to them, an inconvenience to the system of Western domination. They can be killed. But, let’s admit it: they are human beings like those in Boston. However, the standards are different.

We must be conscious of the political-ideologic importance of making a spectacle of the events in Boston. It is a way of diverting world attention from much more fundamental problems: the first being the state of terror the North-American State imposes upon its citizens and the whole world. With that it betrays its highest quality: the defense of fundamental rights. The government of the United States has neither closed Guantanamo nor ratified important international instruments, such as the Treaty of Rome on the International Criminal Court, or the American Convention on Human Rights (the Pact of San Jose, Costa Rica). The United States does not want the violations and attacks its agents perpetrate throughout the world in order to ensure its empire to be brought before those tribunals.

But through the uninterrupted preoccupation the world mass media lavished on the incident, the «masters of the world» try to divert attention from the second question, one which, of course, has grave consequences and could eliminate us all: the threatened end of the human species. In the first place, for centuries these “masters” have devastated the planet to the point that, by itself, the planet cannot regain sustainability. Through extreme events, the planet is demonstrating that its limits have been surpassed. Then, in their urge to accumulate without limit and to dominate the process of the globalization of humanity, lethal machinery has been set up that, together with the ecological crisis, threatens life on Earth, and could mean the end of the human species.

Noted world scientists and the most serious theorists of ecology have called attention to this very real threat. The fact is that no-one knows exactly when it could occur, but if the present path is maintained, the result will be fatal. Michel Serres, a renown French philosopher of ecology has said: after Hiroshima, Nagasaki,and now, Fukushima, humanity has discovered a new type of death: the death of the species. If, as Mikhail Gorbachev endlessly repeats, with the chemical, biological and nuclear arms we already have built and stored, we can destroy all of humanity without leaving a single witness: ¿Security? It is never absolute. Let us remember Three Mile Island, Chernobil and Fukushima.

Thus, our species has revealed itself as the Satan of the Earth: it has learned to be homicidal (killing its own kind), ethno-cidal (how many original, Native Nations have not yet been exterminated?), eco-cidal (it has devastated entire ecosystems). And now the human race could become specie-cidal (lead the whole species to suicide).

The imperial system lives by searching for scapegoats (previously, there were the communists, then the subversives, and now the terrorists, the immigrants… who will be next?) on whom the desire for collective vengeance falls. That way, the system divests itself of guilt or error. But, above all, it does everything possible so that this lethal threat to the human species is not acknowledged, and transformed into a dangerous collective consciousness.

No one will passively accept a death sentence, but will fight to protect life and the common future. This should be the objective of a global government that demands the renunciation of an imperial will that thinks only of perpetuating itself, instead of thinking of the common good of Mother Earth and of Humanity. No matter how much the bombing of Boston is manipulated, how long will the powerful be able to obscure the dramatic situation that looms over us? Let us all awaken, because we do not want to die; we want to live and shine.

Free translation from the Spanish by
Servicios Koinonia, http://www.servicioskoinonia.org.
Done at REFUGIO DEL RIO GRANDE, Texas, EE.UU.

Liber-action: an action that liberates

Leonardo BoffDeixe um comentário

Liberty is more than a faculty of the human being, the faculty of being able to choose, to have free will. Liberty is part of the essence of the human being. A slave, even without the ability to choose, does not stop being in essence a free human being. A slave can resist, can refuse, even rebel, and accept death.  No one can take that liberty from a slave.

Among the many definitions of liberty, I believe this is to me the most correct: Liberty is the capacity for self-determination.

All of us are born within a group of determinates: our ethnic group, social class, within a world already built and always being built. They are our determinates. No one is free of some dependency. It can be oppression, such as slave labor or salaried work.  A type of liberty is exercised by struggling against this: the liberty of rejecting this situation. It is the struggle for in-dependence and autonomy. One self-determines: accepts the determinates, but only to overcome and to be free of, to be free from, them.

But there is yet another meaning of liberty as self-determination: it is a strength that is internal, belonging only to that person, which allows one to be free to, to build one’s own life, to help transform the conditions of work and to create another type of enterprise where it is less difficult to be free from and to.  Here is seen the singularity of the human being, the builder of one’s own self, beyond the surrounding determinations. Liberty is a liber-action, this is, an autonomous action that creates the liberty that was once captive, or absent.

These two types of liberty have a personal, a social, and a global expression.

At the personal level, after the gift of life, liberty is the most precious gift we have: to be capable of self expression, of coming and going, of building our own vision of things, of organizing our lives, work and family to our taste and to choose our political representatives. The greatest oppression is to be deprived of this liberty.

At the social level, it shows its two faces: liberty as independence and as autonomy. The countries from Latin America and the Caribbean were independent from the colonizers, but that still did not bring autonomy and liberation. They remained dependant on the national elites, that maintained the bonds of domination. With resistance, protest, and organizing by the oppressed, a process of liberation was created, that, when victorious, gave autonomy to the popular classes, the liberty to organize another type of politics, one that benefits those who were always excluded. This happened in Latin America, beginning with the end of the military dictatorships that represented the interests of the national and international elites. A process of liberation to is also happening, not yet completed, but it is advancing a democracy born from below, and of a popular nature.

We also now need a double liberation: from economic-financial globalization, which exploits nature and the marginalized countries all over the world, and which is dominated by a group of large companies, that are stronger than most countries.  And a liberation towards a world government arising from this globalization in order to confront global problems such as climate change, water scarcity and the hunger of millions and millions of people. Absent such a collegial global government, we run the risk of a bifurcation of humanity between those who eat and those who do not, or who lack many necessities.

Finally, there is now an urgent need for a special type of liberty from, and liberty for. We live in the anthropocene geological era. This means that the greatest risk is not a low flying meteor, but the irresponsible and eco-murderous activity of human beings (anthropos). The prevailing system of capitalist production is destroying the Earth, and has created the conditions for the destruction of the civilization. Either we change, or we will face an abyss. We need to be free from this bio- and eco-cidal system, that threatens everything, in order to accumulate, and consume, more and more.

We also need a liberty to: liberty to teach alternatives that guarantee the production of what is necessary and dignified for us and for the entire community of life.  This is being sought and demonstrated by the good living of the Andean cultures, by eco-agriculture, by ecological family agriculture, by the index of happiness of society and by other aspects that respect the cycles of life. We want a bio-civilization.

As Christians we must also liberate the faith from fundamentalists visions, from authoritarian and machista ecclesiastical structures, so as to accomplish a liberty for women to be priests, for the lay to be able to decide the destinies of their community, together with the clergy, and for those who have a different sexual orientation. We need a Church that, together with other spiritual paths, helps educate humanity to respect the limits of the Land and to venerate Mother Earth, who provides us with everything. Let us hope that Pope Francis honors the legacy of Saint Francis of Assisi, who lived a great liberty from the traditions and for new forms of relating to nature and with the poor.

The struggle for liberty never ends, because it is never bestowed, but conquered, through an endless process of liber-action.

Free translation from the Spanish by
Servicios Koinonia, http://www.servicioskoinonia.org.
Done at REFUGIO DEL RIO GRANDE, Texas, EE.UU.

Francis of Rome and the Ecology of Saint Francis of Assisi

Leonardo Boff2 Comentários

It cannot be for nothing that a Pope takes the name of Francis. Besides being a reference to another model of being Church, closer to the manger of Bethlehem than to the palaces of Jerusalem, Francis of Assisi posits a theme that is of extreme urgency now: the question of protecting the vitality of planet Earth and guaranteeing the future of our civilization. Exterior ecology alone is insufficient for this purpose. We must amalgamate it with interior ecology. That is what Saint Francis of Assisi did in a pragmatic way.

Exterior ecology is that syntony between the rhythms of nature and the cosmic process that is realized in the dialectic of order-disorder-interaction-new order. This ecology assures the perpetuity of the process of evolution that includes the Earth and her biodiversity. But at the human level, it only occurs if there is a counter-weight from our side, one which derives from our interior ecology. Through that interior ecology, the universe and all its beings are within us, in the form of symbols that speak of the archetypes that guide us and of the images that inhabit our inwardness, and with which we must constantly dialogue and integrate. External violence is a sign of turbulence in our interior ecology, and vice versa. We do not know how to harmonize the ecologies described by Pierre-Felix Guattari and by myself: the environmental, social, mental and integral ecology.

In his Song of Brother Sun, Saint Francis reveals the fellowship of these two ecologies. His extraordinary spiritual accomplishment was to reconcile the world with God, heaven with Earth, and life with death. To understand this spiritual experience we must read the text at a level beyond its words, and delve down to the symbolic level, where the song of the elements is pregnant with emotion and meaning. The existential context is meaningful: Francis was very ill and almost blind, cared for by Saint Clare of Assisi in the chapel of San Damiano where she lived with her sisters. Suddenly, in the middle of the night, he had a sort of exaltation of the spirit, as if he were already in the Kingdom of heavens. Radiant with happiness, he stands up, composes a hymn to all creatures and sings it with his brothers and sisters. He celebrates the great nuptials of the “Lord Brother Sun” and the “Woman Sister Earth”. Of this union are born all beings, arranged in pairs, masculine and feminine, that according C.G. Jung, constitute the most universal archetype of the psychic totality: sun-moon, wind-water, fire-earth; a totality he reached in his spiritual journey.

The hymn contains two more stanzas, added by the Poverello. They no longer sing of the material cosmos, but the human cosmos that also seeks reconciliation: between the bishop and the major of Assisi. Finally he reconciles with sister death, the most difficult complexity to be integrated into human psychic framework. The human being reconciles himself with another human being. Life embraces death as a sister, the carrier of eternity.

The interior ecology integrated with the exterior ecology, find a privileged interpreter in Francis. Francis of Assisi is like a fine chord of the universe in which the most subtle musical note resounds and can be heard.

Our culture is indebted to the father of Saint Francis, Pedro Bernardone, a rich fabric merchant in search of wealth and splendor. As the great British historian Arnold Toynbee confesses: «Francis, the greatest man of the West, must be imitated by all of us, because his attitude is the only one that can save the Earth» (Diario ABC, Madrid, 19/12/1972,10).

What is our ideal? The one inspired by Francis of Assisi. That Francis of Rome is converted, by his humility, poverty and joviality, into a lover of Mother Earth and defender of all forms of life, especially of the most threatened, the life of the poor. And that he inspires that consciousness in humanity. Francis of Rome has all the charisma needed for him to become a beacon of ecological and humanitarian reference for all the world.

Free translation from the Spanish sent by
Melina Alfaro, volar@fibertel.com.ar,
done at REFUGIO DEL RIO GRANDE, Texas, EE.UU.
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