Recognizing the Martuwarra's First Law Right to Life as a Living Ancestral Being

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.

Indigenous Natural and First Law in Planetary Health

“…As traditional custodians of the Martuwarra (Fitzroy River), we derive our identity and existence from this globally significant River. Martuwarra would be best described as an "ancestral being", a legal subject that possesses legal rights [9]. This is different from the legal subject of "personhood", for which there is increasing ambivalence among some traditional landowners due to important questions on the actual legal usefulness of this term [10] and whether or not the term dilutes the duty of care needed to protect our ancestor.…”

“…First Law embodies the concept that is known regionally as Liyan-the feeling of a deep personal relationship with all living and non-living things [9]. This relationship is a logical, personal understanding of how to do the right thing.…”

“…First Law itself in Australia differs markedly from its colonial counterpart [9]. First Law principles are not expressed in terms of external rules, policies, and procedures by government to influence individual and societal behavior through fear.…”

“…Ceremonial songline law is passed to each emerging generation by raising their spirit through singing and dancing. Martuwarra First Law includes Warloongarriy Law (River Law) and Wunan Law (regional governance law) [9]. For example, Wunan Law is a cooperative model based on principles that respect the sovereignty of the Indigenous nations, but ensure the well-being of River, Sea, Ranges (Hill), and Desert Country by viewing it holistically and treating it as an integrated, connected whole.…”

Decolonising Climate Change: A Call for Beyond-Human Imaginaries and Knowledge Generation

“…It also challenges us to expand what we mean by "beyond human" to include not just other "life" forms, or bios, but also elemental bodies such as oceans, rivers, mountains, and soils, that many Indigenous peoples consider to be equally animate and sentient (Argyrou & Hummels, 2019;Bawaka Country et al, 2015;Martuwarra RiverofLife et al, 2020). And it invites us to ask: how do we learn to listen to the beyond-human world?…”