This is the first time a government agency has granted ocean waves rights similar to those of a person.
A groundbreaking decision was made in the city of Linhares, Brazil, where the city council recognized the legal status of waves at the mouth of the Doce River – the confluence of the river and the Atlantic Ocean. The new regulation, approved in June 2024 and officially taking effect in mid-August, not only affirms the right to protection for the waves but also aims to preserve the ecological balance in this unique area.
According to the regulation, the physical and chemical conditions of the waves – along with the interconnected water ecosystem – must be strictly monitored and protected from pollutants. This means that, from now on, industrial activities and human impacts affecting the waves and surrounding environment will be legally accountable. However, protecting the waves at the mouth of the Doce River is not just an ecological issue. This decision also aims to honor the cultural and economic values of the waves for the local community, particularly for surfers.
The decision to protect the waves is particularly significant in the context of the environmental disaster since 2015.
Vanessa Hasson, an environmental lawyer and executive director of the non-governmental organization Mapas, shared with Hakai Magazine that this new law also helps recognize the cultural importance of the waves. According to her, this area is a well-known surfing spot, and the new protection rights not only help safeguard the environment but also promote cultural, spiritual, and recreational activities associated with the ocean.
The decision to protect the waves at the mouth of the Doce River is especially significant in the context of the environmental disaster since 2015. The collapse of the Fundão dam near the city of Mariana discharged over 60 million cubic meters of iron ore waste and sludge, spreading down the Doce River and reaching the mouth at Linhares. This sludge severely devastated the aquatic ecosystem and eliminated the waves that once attracted surf enthusiasts to the area.
By granting legal status to the waves at the mouth of the Doce River, Brazil has established a new legal mechanism to prevent similar disasters in the future. The new law lays the groundwork for organizations and individuals causing harm to the environment to be held legally accountable. However, waves cannot represent themselves to protect their new rights. Therefore, a special committee has been established to take on this role, consisting of representatives from the surfing community, local indigenous communities, and the environmental committee of the city of Linhares.
This is the first time in Brazil that a government agency has granted legal rights to a part of the ocean. However, around the world, recognizing the legal status of bodies of water is no longer a novel concept. Previously, the Whanganui River in New Zealand became the first river in the world to be granted legal personhood. Subsequently, the Magpie River in Canada, the Klamath River in the United States, and the Ganges and Yamuna Rivers in India were also recognized with similar rights (though this decision was later reversed by the Supreme Court of India).
Ecuador has gone a step further by incorporating natural rights into its national constitution. Most recently, in July 2024, a court in Ecuador ruled that a river in the capital had its rights violated due to pollution and mandated immediate remediation measures.
Recognizing the legal status of the waves at the mouth of the Doce River is a significant step forward, reflecting a growing awareness of the responsibility to protect water bodies from human impacts. This decision also signals the beginning of a new era in ocean protection, where natural entities are recognized with legal rights, promoting harmony between humans and nature.
