The Marañón River runs 900 miles through Peru and is considered the “water lifeblood” of the Andes. A recent federal court ruling has now accorded it legal personhood. In March 2024, officials made a groundbreaking choice. This historic ruling opens the door for more rights of nature to be recognized throughout the country. The Marañón descends from the snowy Andean summits of Nevado Sapalanchán to its confluence with the Amazon River. This river is not only a critical artery of life for varied ecosystems but holds tremendous cultural significance for surrounding indigenous communities of the Amazon basin, particularly the Kukama people.
To Peru’s tropical rainforests, that river is their lifeblood. It’s an important habitat for endangered species including Amazon river dolphins and giant otters. It is under constant, grave threat from environmental contamination. The Northern Peruvian Oil Pipeline (ONP), which follows the same route, is one of the biggest contributors to this risk. This pipeline is the backbone for the ongoing oil and gas extraction through Peru’s oil-rich territories. It has been the cause of hundreds of oil spills through the years.
Impact of Oil Spills on the Community and Environment
Rivers like the Marañón River have been heavily afflicted by environmental devastation, largely due to oil spills. Most notably, in 2000, more than 5,000 barrels of crude oil spilled into its waters from a barge. Between 1997 and 2022, over 80 oil spills on the ONP have resulted in catastrophic ecological destruction. This environmental crisis has had dire implications for the Kukama people, who rely on the river for transportation, agriculture, water supply, and fishing.
According to the Kukama community, the Marañón is sacred, and it is thought that the spirits of ancestors live in its depths. The river is absolutely central to both their cultural identity and their traditional way of life. Representing the Hard-working Women’s Association (HKK), Mari Luz Canaquiri Murayari expressed her love for the river. She spoke of the profound relationship her people have with this essential water source.
“The river is the backbone of their culture.” – Javier Ruiz
The persistent PFAS contamination has led to catastrophic effects on their livelihoods. As Canaquiri Murayari described, “Dead fish would float down the river… suffocated by the oil.” This destruction led to new outrage and unrest among the Kukama, who already had the feeling that their grievances were falling on deaf ears.
“The strikes, the mobilizations, the statements, the meetings, the roundtable discussion: none of them have worked … They don’t listen to us,” – Canaquiri Murayari
Legal Action for Environmental Protection
In 2021, the HKK made a courageous move to be more responsive to these challenges. With representation from the Institute for Legal Defense (IDL) and Earth Law Center, they filed a groundbreaking lawsuit. The plaintiffs’ main goal with the lawsuit was to establish the legal personhood of the Marañón River, preventing it from being further degraded. The court’s decision provides the river with rights. Most importantly, it provides the Kukama people with the legal standing to oppose developments that violate those rights.
Indigenous activist Canaquiri Murayari explained the larger impact of this ruling for indigenous communities throughout Peru.
“This is a door that opens many possibilities for other communities and other rivers and other indigenous leaders.” – Canaquiri Murayari
Javier Ruiz who worked on the case highlighted its significance by calling it “the first case of its kind in Peru.” He hopes that if they win, this case will be a strong precedent for future cases recognizing the rights of nature.
Future Outlook and Environmental Advocacy
This ruling does not immediately prevent new oil extraction from occurring along the river. It establishes a critical legal framework that empowers communities to challenge any existing or future activities that may harm the river’s rights. This newfound legal standing will help keep the Marañón free-flowing and protected from environmental contamination.
The Kukama people are now in a position to advocate for their rights and those of the river more effectively. They can use this new legal recognition as a tool to engage in constructive discussion with decision-makers and to seek accountability from polluters. She spoke about her commitment to battling not just for the present-day constituency but for those that would come long after her.
“The work that I’m doing is not only for my community, it’s for the world. Because we need to do something, we need to fight together to leave the world for the next generation.” – Canaquiri Murayari
