Australia Peoples’ Tribunal: rights of nature tribunal (2016)

Summary

On 22 October 2016, at the Australian Rights of Nature Tribunal, four ecological justice cases were heard regarding the Rights of Nature, including the Mardoowarra/Fitzroy River, the Forests of Australia, the Great Artesian Basin, and the Great Barrier Reef. Rulings have not yet been published for any of the four cases; however, recordings of the presentations are available. These cases were formally admitted for further deliberation by the Australian Peoples’ Tribunal in early 2017.

The first case, Mardoowarra/Fitzroy River vs the Federal and Western Australian Governments, was brought forward by traditional custodians of the river who argued for the legal recognition of its inherent rights in accordance with the custodians’ ‘first laws’ which respect the rights of nature. The Fitzroy River is one of Australia’s last free-flowing tropical river systems, which holds incredible ecological importance considering increasing pressures from proposed dams and water extraction projects in Western Australia’s Kimberley region.

The Forests of Australia vs Federal and State Governments case was presented by First Nations Peoples and environmental defenders from the regions of East Gippsland (Victoria), Queensland, Western Australia, and northern New South Wales. The case challenged the legality and ethics of native forest logging across Australia due to the impacts of logging on biodiversity loss, habitat destruction for threatened species, and disruption of carbon sequestration processes. The plaintiffs called attention to inconsistencies between state-sanctioned logging practices and Australia’s international environmental obligations, particularly in relation to conservation and climate mitigation commitments, and argued that ongoing deforestation violated the rights of forest ecosystems.

The third case, the Great Artesian Basin vs Federal and State Governments and the Coal Seam Gas Industry, presented evidence about the contamination and depletion of Australia’s groundwater, one of the world’s largest underground freshwater systems, which spans approximately 1.7 million square kilometers across four states and territories. Testimonies described how coal seam gas extraction contributes to aquifer drawdown, chemical contamination, and long-term risks to clean water access.

The fourth and final case, the Atmospheric Commons and Great Barrier Reef vs Australian Government and the Fossil Fuel Industry, addressed Australia’s inadequacy in conserving the Great Barrier Reef in light of the scientific evidence recorded in 2016 demonstrating the devastating and severe bleaching of the reef. Testimonies came from First Nations Peoples, scientists, and civil society climate advocates who challenged Australia’s inaction on climate change, the main contributor to the rapid decline of the reef’s health.

Involved Organizations