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

Additional URL

https://doi.org/10.1017/S2047102520000163

This document is currently not available here.

Share

COinS