Martuwarra Fitzroy River Declaration (Australia)

Summary

In November 2016, the Fitzroy River Declaration was drafted between Martuwarra Nations, which recognizes the river is a living ancestral being and has a right to life, which “must be protected for current and future generations, and managed jointly by the Traditional Owners of the river.” The Martuwarra (Fitzroy River) Nations in Western Australia’s Kimberley region represent an alliance of Traditional Custodians – including Bunuba, Gooniyandi, Nyikina, Wangkatjunka, and Walmajarri – governing the 733 km river system.

The Declaration identifies eight steps to protect and manage the Fitzroy River, including the need to develop a Fitzroy River management plan that is complemented by an Indigenous Protected Area and an Indigenous management body for the river – which would later give rise to the Martuwarra Fitzroy River Council.

Jurisprudential Framing
The Declaration is an expression of First Law, which is the traditional Aboriginal system of law and governance that has been developed over thousands of years by Indigenous Australians, that “focuses on maintaining the balance of the earth so that all things can prosper.” The Martuwarra Fitzroy River Council explains that it is this sustainable model of “Earth-centred Law” that serves as the basis for the Fitzroy River Declaration.

Martuwarra First Law includes Warloongarriy Law (River Law) and Wunan Law (Kimberley regional governance law) which “are ancient laws for a holistic approach to regional governance that continues to be shared and respected by the Indigenous nations”. Under First Law, the Martuwarra (Fitzroy river) is a sacred living ancestral being with an inalienable right to live and flow. (Poelina 2019; Nicole Redvers 2020; Martuwarra Management Plan 2020)

First Law
First Law in Australia differs significantly from its colonial counterpart. Anne Poelina, Chair of the Martuwarra Fitzroy River Council, explains that First Law principles are not applied through rules, policies, and procedures where punitive measures influence individual and societal behavior. Instead, “First Law is applied through multilayered stories that impart values and ethics” which constitute “a comprehensive ethical framework that defines the codes of conduct necessary for maintaining a peaceful, thriving, and co-operative society grounded in love and reciprocity.”

For example, Traditional Owners of the Martuwarra are “seriously challenged by the notion of doing anything that is going to have a negative impact on the River. It defies logic and disheartens individuals and whole communities of people who have a deep relationship with the spirit of our place.” Furthermore, ancestral being is different from legal personhood. “As the River is already an entity, it should not have to depend on the specific actions of settler law to achieve this status” (Nicole Redvers and Anne Poelina, 2020)

Martuwarra Fitzroy River Council
In 2018, the Martuwarra Fitzroy River Council was formed as a “collective governance model to maintain the spiritual, cultural and environmental health of the Fitzroy River catchment” (Poelina 2019). The Council is an Aboriginal body of Senior Elders from Traditional Owner Groups of the King Sound, Fitzroy River, and the Martuwarra Fitzroy Catchment. The Council’s work is founded in First Law and a guardianship system (rights, responsibility, and obligations), and asserts its rights under the United Nations Declaration on the Rights of Indigenous People. The Council is to be the first point of contact for governments. It’s vision is that the Western Australian government will enact legislation that formally recognizes First Law and guardianship by Traditional Owner Groups.

Next Steps
Following the drafting of the Declaration and establishment of the Council, the Council (acting in the role of guardians of the Martuwarra-Fitzroy) instituted a campaign to have First Law recognized and implemented by the Western Australia government. In 2018, the Council formally met with Western Australia government officials in Perth, urging them to support the Council as the representative group responsible for management of the Fitzroy River, and for the implementation of the Fitzroy River Declaration.

Ecological Context
The Martuwarra is one of the largest rivers in Australia, and is recognized as one of the few remaining large, healthy, and unregulated, free-flowing rivers in the country. The catchment area is in one of the most mega-diverse regions in the world and contains unique environmental, geological, and cultural characteristics. 7,000 people live in the catchment area, 64% of which are Indigenous.

Involved Organizations

Related Initiatives