Understanding the Challenge posed by the Declaration

In order to better understand exactly what the Universal Declaration of the Rights of the Tree actually means, and what consequences might happen if a city or town signed onto the declaration, you might want to ask certain questions or do some basic research? This is a perfectly natural human reaction as no prudent person should rush into any big project or undertaking without taking the cautious approach of doing your own homework and studying exactly what is involved, what is expected and what possible risks or benefits might happen if you signed into something new. Hopefully the FAQ below will answer many of your queries but you could go directly to an explanatory site (from which most of these questions below have been taken) by clicking on the button below.

Frequently asked questions

The questions below have been taken from the website found by clicking the button above but are in a more condensed form for quicker reading of a summary or of a particular point.

WHAT IS THE DECLARATION?

The Universal Declaration of Tree Rights sets out common principles intended to transform the relationship between human societies and trees. It is not limited to a particular legal mechanism, territory or form of protection.

WHY THE DECLARATION IS UNIVERSAL?

The Universal Declaration of Tree Rights does not constitute a particular legal, administrative or territorial mechanism. It is neither a protected area, nor a nature reserve, nor a land-tenure regime, nor a mechanism conferring legal personhood upon Trees.

It sets out common principles intended to transform humanity’s understanding of the Tree, so that it is no longer regarded merely as a resource, a feature of the landscape or an asset available for exploitation, but as a living being essential to Life and possessing intrinsic value.

This is precisely what makes the Declaration universal: it is not tied to any national legal system, territorial status or specific instrument of protection. It can therefore be recognised, interpreted and implemented in countries, cultures and legal systems that differ from one another.

It does not seek to impose an identical mechanism everywhere. It establishes a common foundation of principles from which each society may develop instruments suited to its laws, institutions, culture and territorial realities.

WHAT DOES THE DECLARATION ACTUALLY MEAN?

The Declaration is a universal foundation of principles. It affirms a common responsibility towards trees and recalls that the protection of the living world cannot rest solely upon their economic value, immediate usefulness or ownership.

It provides an ethical, scientific, democratic, legal, cultural and educational framework. It is intended to guide public decisions, territorial policies, economic practices, research, education and citizen participation.

HOW IS THE UNIVERSAL FRAMEWORK IMPLEMENTED ACCORDING TO EACH AUTHORITY’S REALITIES?

Depending on the context, implementation of the Declaration may be supported by constitutions, laws, regulations, judicial decisions, public policies, development plans, urban planning documents or biodiversity protection strategies.

It may also draw upon conservation mechanisms, protected-area designations, territorial charters, institutional commitments, customary practices, scientific programmes, educational initiatives or cultural projects.

These instruments are complementary, but they must not be confused with the Declaration itself. They may protect a territory, a natural environment, a tree heritage, a species, a forest or particular trees. The Declaration, by contrast, provides the overarching framework through which these different forms of action can be guided and connected.

HOW DOES SIGNING THE DECLARATION OPERATE WITHIN THE BROADER FRAMEWORK?

The Universal Declaration of Tree Rights is the foundational text of a broader framework. Around it are several complementary instruments: the Fifteen Commitments of Local and Regional Authorities, the Assembly of the Tree and the proposed International Convention on Tree Rights.

These components fulfil distinct functions. The Declaration sets out universal principles. The Fifteen Commitments organise their progressive translation into action by authorities that officially adopt the Declaration. The Assembly of the Tree is a consultative, democratic and territorial instrument. The proposed International Convention on Tree Rights is intended, in the longer term, to develop the framework at international level.

WHAT IS THE ASSEMBLY OF THE TREE?

The Assembly of the Tree constitutes the democratic and territorial dimension of the framework.

The democratic character of the Assembly of the Tree refers to the participation, pluralism, dialogue and deliberation of the individuals and human institutions concerned. It does not mean that the Tree becomes a citizen, a member of the body politic or the holder of political power, nor that the Assembly purports to exercise sovereignty or political representation on its behalf.

According to local realities, it brings together citizens, elected representatives, scientists, legal experts, associations, professionals, public services and other actors concerned with the future of trees and living environments.

It provides a forum in which concrete situations can be examined, knowledge can be shared and compared, proposals can emerge and recommendations can be submitted to the competent authorities.

The Assembly of the Tree does not replace existing democratic institutions. It complements them by creating a dedicated space for dialogue, knowledge and responsibility concerning the place of the Tree within public policy.

The Assembly organises the responsibility of human societies towards the Tree; it does not construct a fiction of political will on the part of the Tree.

WHAT ARE SOME OF THE FIFTEEN COMMITMENTS THAT MUST BE MADE UPON SIGNING THE DECLARATION?

The Declaration affirms the fundamental principles that should guide the relationship between humanity and trees.

It recognises the Tree as a sentient living being, essential to the Earth’s balances and to the continuity of Life. It recalls the profound interdependence connecting trees, ecosystems and human societies.

Its purpose is universal: it provides a common foundation to which citizens, local authorities, institutions, scientists, legal experts, economic actors and international organisations may refer.

Specifically: The Fifteen Commitments constitute the institutional roadmap for local and regional authorities that officially adopt the Declaration.

Adoption of the Declaration is inseparable from the simultaneous and full adoption of the Fifteen Commitments.

This requirement concerns adoption itself. Implementation, by contrast, is progressive and adapted to the powers, resources and territorial realities of the authority concerned.

The Fifteen Commitments structure action around five complementary functions: Governing, Knowing, Acting, Preserving and Transmitting.

Some futher reading on specific commitments can be found by clicking on the buttons below.

 

WHAT EXACTLY DOES THE STATEMENT "THE TREE, A SENSITIVE LIVING BEING AND SOURCE OF LIFE, IS A COMMON GOOD OF MANKIND" MEAN?

Article I is the starting point of the Declaration's entire architecture. Before addressing ecological interdependence or human responsibility, it characterizes the Tree. This characterization brings together four elements: a generic subject — “the Tree” —, a biological reality — “a sensitive living being” —, a relational function — “source of Life” — and a normative characterization — “a common good of humankind”.

These four elements do not belong to the same register. Biology describes what a plant organism is and what it can detect or do. Ecology documents the relationships in which trees participate. The Declaration interprets this reality and gives it ethical and normative significance. Positive law, finally, determines the binding effects that this characterization may receive within a given legal order.

This article therefore develops Article I without confusing scientific evidence with legal proposition. It clarifies in particular the meaning of “sensitive”, the scope of “source of Life”, the Declaration's own concept of a “common good of humankind”, its relationship with property, and its distinction from legal personhood.

IS THE DECLARATION A UNIVERSAL STATEMENT OF PRINCIPLES -WITHOUT CONFERING LEGAL PERSONHOOD ON TREES?

The Declaration does not confer legal personhood upon Trees. It is an ethical, scientific, democratic, legal, cultural and educational framework intended to guide decisions and policies without replacing the powers, laws and instruments specific to each legal system.

IS IT AN AUTONOMOUS APPROACH, OPEN TO DIALOGUE WITH THE RIGHTS OF NATURE MOVEMENT?

The Universal Declaration of Tree Rights is not the same as the Rights of Nature movement, although it shares the aim of moving beyond an exclusively utilitarian understanding of the living world.

The Rights of Nature movement encompasses a wide range of approaches. Some recognise rights belonging to rivers, forests, ecosystems or other natural entities. Some confer legal personhood upon them or establish mechanisms for their representation before institutions and courts.

WHAT DOES THE DECLARATION NOT MEAN?

The Declaration is not, in itself, a national law, a municipal regulation, an international treaty in force, a nature reserve or a land-tenure status. It does not replace existing instruments or abolish the powers of States, local authorities or other public institutions.

It gives these instruments a common direction: to recognise the Tree as a living being essential to Life and to establish the conditions necessary for its protection, respect, regeneration and transmission to future generations.

SPECIFICALLY WHAT WOULD SIGNING THE DECLARATION MEAN FOR A TOWN LIKE PERTH?

A municipality, like Perth, may therefore refer to the principles of the Declaration without being required to adopt the same legal mechanism as another jurisdiction.

Where a local or regional authority wishes, however, to proceed with an official adoption within the institutional framework of the Declaration, a specific procedure applies: the adoption must be prepared with La Compagnie des Papillons Bleus before any deliberation, resolution or signature, and adoption of the Declaration is inseparable from the simultaneous and full adoption of the Fifteen Commitments. Their implementation is then progressive and adapted to the authority’s powers, resources and territorial context.

This capacity for adaptation does not weaken its universality. On the contrary, it is one of the conditions that makes universality possible: common principles implemented through different means, in accordance with diverse legal systems and cultures.

SPECIFICALLY WHAT WOULD BE REQUIRED OF PERTH BEFORE CONSIDERATION OF SIGNING THE DECLARATION?

Institutional procedure

For a public authority, official adoption begins before the vote

Any local or regional authority wishing officially to adopt the Universal Declaration of Tree Rights must contact La Compagnie des Papillons Bleus directly before any deliberation, resolution or signature and follow the established institutional procedure.

An authority may not adopt the Declaration independently and subsequently seek retroactive recognition of that act as an official adoption within the institutional framework stewarded by La Compagnie des Papillons Bleus.

WHAT WOULD IT COST PERTH, AND/OR ITS TAXPAYERS, TO SIGN THE DECLARATION?

That is an open ended question in the style of "how long is a piece of string?" The short answer is that it could cost nothing if signing the Declaration was merely meant to be symbolic virtue signalling. The longer answer could be obtained by studying whether the Quebec town of Terrasse-Vaudreuil incurred any expenses after signing the Declaration. The complete understanding of costs could be explained by the acknowledgement that signing the Declaration is NOT meant to be symbolic. For guidance:

The Declaration is not intended to remain a symbolic or abstract text. It must be capable of inspiring concrete decisions.

Its recognition may lead to stronger protection for existing trees, better regulation of felling, preservation of soils, development of ecological connectivity, restoration of forests and landscapes, adaptation of cities to climate disruption, and greater integration of scientific knowledge into public policy.

It may also promote education about the Tree, the transmission of knowledge, citizen participation, consideration of local cultures and recognition of the material and symbolic bonds connecting human societies with trees.

Each territory remains free to determine the legal, administrative, scientific, educational and cultural instruments most appropriate to its circumstances. For local and regional authorities, this freedom of adaptation concerns implementation; it does not alter the requirement for simultaneous and full adoption of the Declaration and the Fifteen Commitments where an official adoption is undertaken within the institutional framework.

All can nevertheless recognise the same fundamental requirement: no longer to regard the Tree as a mere object available for use, but as a living and irreplaceable component of our shared world.

WHAT IS THE PROPOSED INTERNATIONAL CONVENTION ON TREE RIGHTS?

International project

A proposed development — not a treaty in force

The proposed International Convention on Tree Rights is a legal and institutional development envisaged on the basis of the Declaration’s principles.

It is intended to explore and structure, at international level, obligations, cooperation mechanisms and commitments that may be discussed among States and international institutions.

The proposed Convention is not a treaty in force. It must not be confused with the Declaration itself, and local or regional authorities do not accede to it merely by officially adopting the Declaration.

WHAT DOES IT MEAN TO RECOGNIZE THE RIGHTS OF THE TREE?

The Universal Declaration of Tree Rights speaks of “rights”. Yet its three Articles do not take the form of a conventional catalog of entitlements framed as “every Tree has the right to…”. Where, then, are these rights located, what is their legal nature, and how can they become effective?

A proper answer requires several levels that public debate often confines to be distinguished clearly: principle and right; recognition and obligation; rights and legal personality; protection and enforceability; standing and justiciability. The Declaration does not resolve all these questions through a single legal technique. It establishes a universal foundation from which they may be organized by the competent legal orders.

Its logic is progressive. Article I characterizes the Tree in its own reality. Article II justifies the importance of that recognition through the interdependence between the existence of the Tree and Life. Article III requires human beings to draw a consequence from that reality by acting with the Tree in a spirit of fraternity and solidarity. Rights, protections, obligations, procedures and public policies may flow from this architecture without those forms of implementation being confused with the founding text itself.

Will you please help OPT in persuading the Town of Perth to adopt the Declaration?

We, the volunteers at Our Perth Trees who are your friends and neighbours, can only bring this Universal Declaration of the Rights of the Tree to your attention. We are quite excited by this Declaration and wish to see the Mayor and Town Council of Perth become equally excited. We, however, are merely a bunch of tree lovers and the politicians who govern this Town, even though they may personally sincerely believe in the environment and protecting our trees, are often governed themselves by feedback from their constituents from whom they need votes at election time. Please help us help them to make up their minds by clicking on the Contact Us button below to give them your views about this Universal Declaration of the Rights of the Tree so that they may sign the Declaration of behalf of us all including Our Perth Trees themselves? On the trees' behalf OPT thanks you for your consideration and for any approval contribution you can make to help the trees!

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