IB ESS HL HL.a.11 Legal personhood for nature

[Maximum number: 6]

Taxonomic group	Total species	Endemic species
Plants	25560	5348
Vertebrates	2794	436
Mammals	362	30
Birds	1616	52
Reptiles	394	114
Amphibians	422	240

Figure:Species diversity among different taxonomic groups in Ecuador in 2020

FigureA:Map of the SOTE pipeline and proposed OCP pipeline routes

Figure:Timeline for the OCP oil pipeline

FigureA:Mechanism of chytrid fungus infection in Mindo amphibians

Figure:Protected corridor proposal to connect Mindo cloud forest with other Ecuadorian reserves

Figure:Fact file on Ecuador

Ecuador covers approximately 284000 km2 and has a human population of about 18.3 million. Quito is the capital and one of five UNESCO World Heritage sites in the country. In 2008, Ecuador was the first country in the world to recognize the constitutional legal rights of nature, also referred to as Pachamama. Ecuador is one of the richest areas of biodiversity in the world, with many endemic and endangered species. Tourism provides income worth more than 5% of GDP; the Ministry of Tourism aims to reach 2 million visitors by 2025 by attracting travellers who want to interact with nature.

FigureB:Pipeline map key

The northern OCP pipeline route was completed in 2003. The proposed southern OCP route was rejected in favour of the northern route. The SOTE pipeline was completed in 1972. The map also shows protected nature areas. SOTE is operated by the government and OCP is run privately; both coexist today and are fully functional.

Figure:Fact file on Mindo cloud forest

Only one third of Ecuador’s identified cloud forest sites are protected. The Mindo-Nambillo cloud forest reserve forms part of several protected areas across Ecuador. The Mindo cloud forest covers 268 km2 and is home to several indigenous subgroups of the Quichua people. The village of Mindo is west of the reserve and is known for chocolate made from locally grown cacao. Organizations work with local farmers to find alternatives to cattle ranching and with indigenous groups to develop more sustainable agricultural practices, reducing habitat destruction.

Figure:Fact file on Mindo harlequin toad

The Mindo harlequin toad is endemic to the Mindo cloud forest. It was considered extinct until five specimens were found in 2019 and is currently classified as critically endangered. This toad and other amphibians are threatened by chytrid fungal disease, habitat degradation, pesticide pollution and invasive species. North American rainbow trout, introduced for sport fishing and aquaculture, feed on the tadpoles of the Mindo harlequin toad and other amphibians. Chytrid fungal disease is thought to have originated in East Asia and spread through the exotic pet trade.

FigureB:Chytrid fungus mechanism

Chytrid fungus causes chytridiomycosis and has been linked to the decline and extinction of over 200 amphibian species worldwide. It infects amphibian skin, preventing oxygen absorption, temperature regulation and mineral balance. There is no cure and infected individuals experience 85-100% mortality.

With reference to the information in the resource booklet, discuss to what extent Ecuador has been effective at meeting its legal obligation to conserve nature (Pachamama).

Ecuador has been effective [4 max]:
a. Significant areas (one third) of the cloud forest are legally protected / there are several protected areas in Ecuador;
b. Development of wildlife corridor will link protected areas/allow safe migration of animals/increase access to habitat/increase genetic mixing;
c. Organizations are working with local communities/indigenous groups/farmers to reduce damage to habitats from farming (e.g. from cattle grazing/growing cacao);
d. More organizations are cooperating internationally/combining resources to protect vulnerable species like the Mindo harlequin toad;
e. Ecuadorians have voted against oil development/production in/near National Parks which would protect habitats;
f. Oil companies are required to restore areas/create new forests;
g. Ecotourism to Ecuador raises income/educates people which supports conservation efforts;

Ecuador has not been effective [4 max]:
h. The OCP/oil pipeline was built, damaging large areas of habitats/ecosystems/protected areas / Oil pipeline has had several accidents/leaks that destroyed/damaged habitats/contaminated ecosystems;
i. Ecuador still relies on non-renewable sources/fossil fuels which can damage ecosystems/habitats during their extraction;
j. Ecuador is highly dependent on oil/fossil fuels which release GHGs which contribute to climate change/extreme weather, which in turn damages habitats/kills wildlife;
k. Development of hydropower can lead to loss of habitats/species;
I. Many of Ecuador's species are still endangered (according to IUCN Red List);
m. Invasive species continue to be a threat to endemic species;
n. Use of pesticides results in a loss of biodiversity/degradation of ecosystems;
o. Development of cacao plantations/cattle ranching/agriculture may result in deforestation/loss of biodiversity;
p. Biocapacity continues to fall suggesting lack of conservation;
q. High level of export/catches of shrimp/crabs may lead to over-exploitation of natural resources;
r. Only one third of cloud forest are protected/two thirds of cloud forest are not protected which could lead to their over-exploitation;
s. The southern phase of the corridor has still not been created/protected areas are still not all connected, limiting nature conservation (e.g. by limiting genetic diversity of species);
t. Large numbers of tourists can disturb/damage wildlife/habitats/ecosystems (e.g. high levels of trampling causing vegetation loss / tourists disturbing wildlife during mating season);

Marking guidance:

Award [5 max] for both strengths and weaknesses.
Conclusion [1 max]
For example:
While Ecuador has been working to improve agricultural practices and protect habitats, they have not met their legal obligation to conserve nature as shown by frequent oil pipeline spills and invasive species threatening endemic wildlife.

Note to examiners: A valid conclusion should be credited if it is explicit, balanced (addresses both sides of the argument) supported by evidence and makes a clear value judgement. Do not credit the conclusion if only one side of the argument has been considered in the overall response.

Accept other reasonable responses supported by the information in the resource booklet. Do not credit Ecuador is rich in biodiversity/has high number of endemic species. Do not credit that Ecuadoran constitution recognizes the rights of nature/they were the first to recognize the legal rights of nature.

IB ESS HL HL.a.11 Legal personhood for nature Question Bank

Exam points

HL.a.11—Legal personhood for nature question 1