Rights of Waves in Brazil Recognised

We’ve seen rivers and lagoons be granted legal rights, but never waves – until now! In the latest development in the Rights of Nature movement, some much-loved ocean waves off the coast of Brazil have been recognised as having intrinsic legal rights, entitling them to special protection.

In Regência, a small Brazilian coastal village at the mouth of the River Doce, the waves are renowned for being perfect for surfers. But in 2015, ecological disaster struck. The Fundão wastewater dam at an iron ore mine 600km inland from Regência catastrophically failed. People living nearby lost their lives, and 17 days after the failure, toxic mud made its way down the river to the Atlantic. As well devastating the ecosystem, the pollution and build-up of mud affected the shape of the seafloor and therefore the waves.

In 2018, with Regência still reeling from the disaster, ecologists and surfers joined forces to propose a bill to protect the waves. Last year, local councillor Antônio Cesar of Linhares municipal council, signed and submitted the bill under his mandate.

According to ecological law expert Mauro Figueiredo, posting on Linkedin: “Comprehensive protection is considered essential to sustain life, including preserving the ecological cycle that makes the region's waves unique.” The waves will be advocated for by a committee with members including traditional custodians and local surfers. Read Figuerido’s post to find out more about how the waves will be protected by the bill.

This interesting article by Alex May at Lawyers for Nature points out that, unlike other Nature’s Rights developments, the main beneficiary of this ruling is humans (the surfers and those who benefit from their presence), rather than plants or animals. However, it’s still excellent news for Nature. As May writes “There are bound to be positive ecological spillovers; both from protecting the waves themselves, and because protecting the waves will require protecting the water and surrounding areas too.”

 The ruling also raises awareness of the Rights of Nature, and is an important development in the global movement for Nature’s rights. We can’t wait to see which parts of Nature are granted legal rights next.