Like younger children, the Whanganui clearly cannot represent themselves, so they are given two legal guardians – one from the government and one from the indigenous Māori tribe. If the river is damaged, these guardians can sue those responsible on behalf of the Whanganui.
India, Ecuador, Colombia, Australia, the United States and Bangladesh have all started reviewing their legal systems in the wake of the historic decision.
Disconnect
Even in the UK, Frome Town Council is trying to pass a bylaw giving legal personality to part of the River Frome.
However, this was rejected by the government on the grounds that it would repeat existing environmental law, a claim that Garden Court barrister Paul Powersland called “false”.
Powlesland, co-founder of Lawyers for Nature, believes in the legal rights of nature, which he says will revolutionize our relationship with the natural world, from one of domination to one of balance and respect.
But he said there was little hope of change in the UK near the Bend in the short term.
“The UK is one of the hardest countries to crack,” admits Powlesland. “We are the birthplace of the concept of nature as a resource, and we are also one of the most disconnected countries from nature.”
inspired
A more realistic step that community groups have begun to do across the UK is to declare rights to the river itself.
While the law remains the same, Powlesland believes that ordinary people’s decision to act as nature’s guardians will lead to better protection of rivers like the Avon.
“People who love and care about rivers, who know about them, have real power,” he said.
Community groups such as the Friends of the River Cam in Cambridge and the Ilkely Clean River Group in Yorkshire have already done so, drawing up a list of rights they believe should be granted to UK rivers, including the right to be free from pollution and the right to maintain biodiversity.
“The Declaration of Rights has inspired others to become more involved in caring for the river,” said Tony Booth of the Friends of the Cam Steering Group.
Turbulence
“We were only discussing the idea of river rights with school children yesterday and were invited because of the concerns of our team.”
Blease agreed that these types of announcements would be a great way to bring communities together in Bristol, but she said their success could only be measured by a real change in the health of the river. This change needs to happen quickly. “We seem to be at a critical juncture,” she admitted.
Thankfully, custody is a solution that could work today, Powlesland said. However, as far as full legal personality is concerned, he admits that we still have some way to go.
He continues to work towards that goal, but it will be a tumultuous journey. “Never say never,” he added, slightly tentative but excited.
this author
Billy Stockwell is a reporter for Bristol Cable where this article first appeared.
