Loire, subject to law soon?

It remains the least degraded major French river, but its unique ecosystems are threatened. The Loire basin and its tributaries cover an area of ​​117,800 square kilometers, one-fifth of the national territory, and a total of 40,000 kilometers of waterways: a first-class ecological heritage in the heart of our country.

“ The Loire has not escaped development throughout historyColette Chambonnet, Vice President of the SOS Loire Living Society, stated, But it is certainly the wildest river in Central and Western Europe. Despite the many problems we struggle against, the Loire and its tributaries remain untamed for a large part of their courses and retain a large part of their natural features. with 1 006 kilometers, it is also the longest river in France: engraved on more than 400 kilometers listed as a UNESCO World Heritage Site, it occupies a special place there. »

Turning point in difficulty

Unfortunately, the attacks on the ecological integrity of the Loire and its human and non-human populations are numerous.

“ If conservation and restoration measures implemented for decades have limited the damage, ecological continuity and free movement of fish and sediments, as well as water quality, remain a major issue.”Colette Chambonnet confirms.

Physical and chemical changes are already common, especially because pesticides and nitrates are rising, while the flow rate is declining. She continues:

Climate change and its consequences are among the new threats, particularly water scarcity and increasing surface temperatures. Water use in agriculture, which is already very important, continues to increase: it accounts for up to 80 percent % of summer consumption. » Not to mention the nuclear power plants, which also contribute to heating the river water.

The situation of the Loire is therefore worrying, but initiatives are emerging. Among the many other actors of the Loire, the SOS Loire vivant is actively involved in the work of the Parliament of the Loire. Loire parliament?

“It is a corporate fiction that invites us to listen closely to the Loire ecosystem. Created in 2019, it brings together researchers, lawyers, writers, philosophers, ecologists, fishermen, boatmen, political representatives, technicians and all concerned citizens and institutions. Marie Olivron, project manager POLAUa place of culture located in Saint-Pierre-des-Corps, near Tours.

This structure was intended for town planning, artistic creation and environmental transition of regions, and was an initiative of the Parliament of the Loire.

Whanganui example

This original approach draws on several sources, including the concept of Parliament of thingsby the late philosopher Bruno Latour. The project leaders are also strongly inspired by the success of the Whanganui River, which in 2017 received legal personality in New Zealand.

After damming in the 1970s, the flow and quality of Whanganui water was disrupted. Prejudice to the riverside Maori tribes, who maintained a close connection with the river, including on a spiritual level.

On March 15, 2017, the New Zealand Parliament finally recognized this connection by adopting a law that gives the river the quality of life it has, like a person, the right to health and well-being. Thus, anyone who harmed her would now be judged as if they were attacking the respective tribes.

Similar resolutions are now multiplying all over the world, for example in Colombia for Rio Atrato. Likewise, the Parliament of the Loire aims to make the Loire an object of law so that it can, just like a company, association or other legal person, defend itself in court.

Of course, French law is not Anglo-Saxon law, and although they are closely related to their river, the people of the Loire do not constitute a tribe in the strict sense of the word. In any case, the French constitution considers the French people to be one and indivisible and does not allow this kind of approach.

However, French law and its history provide real resources. Philosopher Catherine Larier was heard on December 14, 2019 by the Loire Parliament that “ The concept of parliament has two main meanings in our history. It may be, as in our successive republics, a representative legislature. But the old regime had local parliaments translating and adapting royal law, which also played the role of courts. As a fiction, the Loire Parliament seems to blend these two meanings. »

Towards a case-based law

Several official bodies such as the Lower Brittany Water Agency are already in charge of the river. Our goal, Camille de Toledo, jurist and writer who largely coordinated the approach of the Loire Parliament, defines It is to strengthen and strengthen their work. From a formal point of view, the legislator will have to adopt a law that allows ecosystems to become subject to the law. Subsequently, the scope of the rights of the subject of the Loire will develop thanks to case law from the day it was recognized. »

The Loire Parliament seems to have a bright future, judged – among others – by the forty partner structures that support this initiative, including the Center Val-de-Loire region, Adem, the Loire-Bretagne water agency, the Val-de-Loire mission of Unesco or Tours University.

Today, our approach faces challenges at the national level and beyondMarie Oliveron rejoices. The operation will see a new event from 2024, in Nantes, especially since several regional players have expressed interest in joining us: the Loire-Forez region, the Haute-Vienne department and the city of Blois. … and from September 2023, we will collectively begin to develop the Loire Pact. »

And after the Loire, who’s next? In France, other rivers, such as the Rhone, also have their defenders to come under the law.