In 2022, they started Leave a dead fish From Auder. There were thousands of them. Volunteers and services did not provide the river and its beaches. It was not possible to deal with waterDue to the unspecified pollution. Who was the perpetrator “the death” of Auder?
The investigation concluded that the reason It was painted for golden algae, which removes oxygen to living organisms. The latter appeared in large quantities As a result of high temperatures The excessive salinity of the river, caused by pollutants that have reached water from industrial mines and plants in Celsea.
The disaster sparked a discussion On the right ways to protect rivers. The result was the idea that ODER had a legal personality and could be represented before the courts. If the project is approved in Parliament, ODER will be the second river in Europe, which has its own laws.
The situation is complicated by its size
According to the environment of the environment, Auder, and the second A large river in PolandIt is still without protection. In August 2024 Huge amounts of fish were taken again in it Dead: up to 115,900 kg only in Dzierżno Duże tank water. According to experts, the situation will continue unless the authorities apply adequate legal measures and find a way to eliminate algae.
However, the situation is complicated because the river crosses many provinces, which raises a problem, even if it is only because of the regional fragmentation of institutions that can be responsible for the legal status of the river and the lands it occupies. To be represented As a whole, Confession is necessary Of his legal personality, according to advocates of environmental protection.
This initiative appeared almost three months ago, when a civil bill was introduced to Sejm. The bill says: “The ODER is an integrated ecosystem that will be protected by its resources, functions and rights in accordance with the provisions of this law.” Their promoters until the end of April To collect 100,000 signatures on this topic. If they succeed, the project will go to Parliament.
“The phrase” I am the river “has been formulated among those who work in Oder.” “It is not a metaphor. This phrase clarifies the reason for the importance of protection From rivers. Olga Tokarczuk’s words. River basins are the most natural lands in which we live. When you live in a specific place in the world, you have a tangible river basin in your veins, in your body. Physically, financially. Our body consists of 90 % of the water and this is the water of the river basin. Look under your feet: every pool, every drop of dew is a river basin. “
Lubinsky Lucas says, This perspective does not allow us to look at ODER Otherwise, like a person. “We are part of the nature of this hydrographic basin, for what we call the river. Since we are at our disposal in simple legal tools such as recognizing the legal personality of the river, there is nothing (except for the interests of those who polish it) that opposes the protection of the river rights in the same way in which the rights of commercial societies are protected.”
Yes, River?
Rivers from all over the world They have already become legal entities. Thanks to a large number of signatures, Laguna Del Mar Menor can be represented in front of the courts. Self -granted to the Magpie River From Canada or the WHANGANUI River in New Zealand, among other things.
In Ecuador, any river can represent any resident. The idea may look newHowever, according to Lucas Labinski, granting subjectivity to entities other than humans is not really innovative.
“The idea is very simple. Learn the legal personality of the river in the same way we realize in the case of the company. The company is a fully “virtual” entity. “People have agreed to treat companies as people and today no one is surprised,” says the environment scientist. The river, at the same time, is a real entity, alive. “
“What opposes recognition of the legal personality of the river? Only our beliefs. Learn about the legal personality of the ODER River It is the basis for asserting your rights. In the event of damage, you can confirm your rights by civil via. Without this law, this is not possible. Nowadays, Acknowledging the legal personality From the ODER River looks a great step. I think that within a few years it will be clear to us like the legal personality of companies. “
Auder’s rights
Today’s environmental scientists refer to multiple dimensions From the term “river”. They argue not only to water, but also about all the living organisms in which they live, which were greatly affected by the last a great river disaster. “Water can be saidWater flowing. Is the river also a fish that lives in its waters and a bird sitting on its banks? Is it a land, stone, causing, cane, frog and dragon? We call a living creature that provides life for endless organisms.
It is our decision to confess Or not to the river as a person, taking into account that this is not enough answer to the question: from, what is the river. At the same time, it is a Sufficient response to change the form Where we are talking about the river and the change of the law that will protect it. ”Campaign authors write or 2025 people.
“The law was established The concept of “legal person” To protect companies, companies, societies, cooperatives, churches, universities, parties, associations and institutions. Be a legal personOr the entity, is to have a value that can be protected, for example, appears before the court in its name.
The legal person is a pillar, shield, A tool in the hands of the law To represent and protect a specific structure, a group of people, but also a land or river. If companies can be considered legal persons, then why don’t you think about a live river? “