Page 222 - El État de los derechos humanos en el desarrollo sostenible

EL ETAT DE LOS DERECHOS HUMANOS EN EL DESARROLLO SOSTENIBLE

«The earth does not belong to man, it is the man who
belongs to the earth» American-Indian proverb

In recent years we have observed the protests of indigenous communities, rural populations

and locals for the protection for their collective rights such as the right to a healthy
environment, the right to water, the right to prior consultation, the right to decision of the

people, as well as cultural and religious rights, among others. These rights have infringed

upon, most of the time, by the authorisation of big natural resource exploitation projects in
the territory where these people live, without having obtained prior consent. Certain

individuals consider that these projects disregard their well being, in the name of

development.

The well-living approach, whose origin is essentially indigenous, is known in the native

247
language as kichwa as Sumak Kawsay. It suggests a change in the paradigm, whereby we
integrate ethical and equal considerations between human beings, different cultures and the
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different species on earth. This new paradigm brings back the question of the objectives of
“development” considered as legitimate and undisputed, even if the objectives are excessive

and without limits to the detriment of the planet and even for human beings.

* Ph.D. in law from the University of Montreal and Colombian lawyer. Teaches water law at the Law School of
the University of Montreal (Canada). Email: yenny.vega.cardenas@umontreal.ca.
247 Native language of certain peoples in Andean countries, particularly at the Equator, Peru and Colombia.
248 « La renovación de la crítica al desarrollo y el buen vivir como
Eduardo GUDYNAS et Alberto ACOSTA
alternativa », (2011) 16-53 Utopía y Praxis Latinoamericana, 71, 75

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