In late April 2025, the Regional Council of the Government of Puno, Peru, unanimously approved an ordinance that recognizes Lake Titicaca as a subject of rights. The legislation mandates that authorities develop and implement policies to ensure the lake’s comprehensive protection.
Lake Titicaca is the highest navigable body of water in the world, situated at an altitude of over 3,800 meters above sea level. On the Peruvian side alone, approximately 1.3 million people live in the lake’s vicinity, primarily belonging to the Quechua, Aymara, and Uru Indigenous communities.
According to official data, at least thirty of the forty lakeside districts have recorded high levels of environmental contamination, particularly in areas near the cities of Juliaca, Puno, and Huancané. For instance, the Torococha River—whose waters converge with the Coata River before flowing into Lake Titicaca—has been found to contain toxic substances exceeding the thresholds established by national environmental quality standards for water. Furthermore, elevated concentrations of heavy metals such as manganese, lead, thallium, and zinc have been detected, alongside fecal coliforms resulting from untreated sewage discharges in urban centers like Vilavila and Juliaca. The absence of wastewater treatment facilities has been identified as a major contributor to the lake’s environmental degradation.
Local residents have also raised concerns regarding the impact of tourism enterprises on Uros Island, located within the lake, which are reported to be causing significant harm both to the island and the surrounding aquatic ecosystem.
In response to these environmental threats, on April 24, 2025, the Regional Council of Puno issued a declaration recognizing:
“Lake Titicaca and its tributaries as subjects of rights, possessing their own legal personality, and guaranteeing their comprehensive protection in order to preserve their ecological balance, biodiversity, and the cultural, social, and spiritual values of the surrounding Indigenous Peoples, local communities, and organizations involved in their governance and conservation” (Article One).
Article Two of the ordinance outlines specific rights granted to the lake and its tributaries, including:
- The right to exist and maintain ecological integrity
- The right to the natural regeneration of hydrological cycles and biodiversity
- The right to remain free from pollution and from activities that alter its natural state
- The right to restoration in cases of environmental harm
- The right to representation by entities that safeguard its protection and conservation
The legal foundation for this recognition is rooted in the customary law of Indigenous Peoples and is consistent with relevant jurisprudential developments (Article Three). The ordinance adopts an ecocentric legal perspective, aligning itself with principles established by the Inter-American Court of Human Rights (Article Four).
Although not explicitly mentioned, it is likely that the authors of the ordinance were informed by Advisory Opinion OC-23/17, issued in November 2017 by the Inter-American Court, which addresses the obligations of states concerning human rights and environmental protection.
With regard to governance mechanisms to ensure the enforcement of the lake’s newly recognized rights, the ordinance assigns primary responsibility to the Regional Government of Puno. It mandates inclusive participation by Indigenous Peoples, local communities, and competent state authorities. Additionally, it emphasizes the incorporation of ancestral knowledge in the development of environmental policies and strategies (Article Five).
The ordinance formally designates the Regional Government of Puno, Indigenous Peoples, and local communities as guardians and representatives of the lake, and ensures an equitable, gender-sensitive representation mechanism (Article Six).
Finally, the ordinance requires that any administrative decision potentially affecting the lake must be subject to prior consultation with Indigenous Peoples, in accordance with Convention No. 169 of the International Labour Organization, ratified by Peru. Article 6 of this Convention states:
“1. In applying the provisions of this Convention, governments shall:
a) Consult the peoples concerned, through appropriate procedures and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly.”
This ordinance represents a significant development not only because of its direct implications for addressing the environmental crisis facing Lake Titicaca and its surrounding communities, but also because it constitutes a landmark in the evolution of legal frameworks that address environmental protection from a rights-based and ecocentric perspective.
It adds to a growing body of legal instruments—though varying in their legal status—that have, over recent years, advanced the recognition of nature not merely as an object of regulation or care, but as a legal subject entitled to protection and capable of holding rights.