Recognizing the Martuwarra's First Law right to life as a living ancestral being
Publication Type
Journal Article
Publication Date
11-2020
Abstract
Traditional custodians of the Martuwarra (Fitzroy River) derive their identity and existence from this globally significant river. The First Laws of the Martuwarra are shared by Martuwarra Nations through a common songline, which sets out community and individual rights and duties. First Law recognizes the River as the Rainbow Serpent: a living ancestral being from source to sea. On 3 November 2016, the Fitzroy River Declaration was concluded between Martuwarra Nations. This marked the first time in Australia when both First Law and the rights of nature were recognized explicitly in a negotiated instrument. This article argues for legal recognition within colonial state laws of the Martuwarra as a living ancestral being by close analogy with the case concerning the Whanganui River. We seek to advance the scope of native title water rights in Australia and contend that implementation of First Law is fundamental for the protection of the right to life of the Martuwarra.
Keywords
Cultural governance, First Law, indigenous rights, Martuwarra, native life, rights of nature
Discipline
Cultural History | Environmental Law | Law and Society
Publication
Transnational Environmental Law
Volume
9
Issue
3
First Page
541
Last Page
568
ISSN
2047-1025
Identifier
10.1017/S2047102520000163
Publisher
Cambridge University Press
Citation
RIVEROFLIFE, Martuwarra; POELINA, Anne; BAGNALL, Donna; and LIM, Michelle Mei Ling.
Recognizing the Martuwarra's First Law right to life as a living ancestral being. (2020). Transnational Environmental Law. 9, (3), 541-568.
Available at: https://ink.library.smu.edu.sg/sol_research/4111
Additional URL
https://doi.org/10.1017/S2047102520000163