From the dawn of history, and in cultures throughout the
world, humans have been prone to imbue Earth’s life-giving rivers with
qualities of life itself — a fitting tribute, no doubt, to the wellsprings upon
which our past (and present) civilizations so heavily rely. But while modern
thought has come to regard these essential waterways more clinically over the
centuries, that might all be changing once again.
Meet the Whanganui. You might call it a river, but in the
eyes of the law, it has the standings of a person.
In a landmark case for the Rights of Nature, officials in
New Zealand recently granted the Whanganui, the nation’s third-longest
river, with legal personhood “in the same way a company is, which will give it
rights and interests.” The decision follows a long court battle for the river’s
personhood initiated by the Whanganui River iwi, an indigenous community with
strong cultural ties to the waterway.
Under the settlement, the river is regarded as a protected
entity, under an arrangement in which representatives from both the iwi and the
national government will serve as legal custodians towards the Whanganui’s best
interests.
“Today’s agreement which recognises the status of the river
as Te Awa Tupua (an integrated, living whole) and the inextricable relationship
of iwi with the river is a major step towards the resolution of the historical
grievances of Whanganui iwi and is important nationally,” says New Zealand’s Minister for Treaty for Waitangi Negotiations,
Christopher Finlayson.
“Whanganui Iwi also recognise the value others place on the
river and wanted to ensure that all stakeholders and the river community as a
whole are actively engaged in developing the long-term future of the river and
ensuring its wellbeing,” says Finlayson.
Although this is likely the first time a single river has
been granted such a distinction under the law, chances are it’s not the last.
In 2008, Ecuador passed similar ruling giving its forests, lakes, and
waterways rights on par with humans in order to ensure their protection from
harmful practices.
And, while it may seem an odd extension of rights, in many
ways it hearkens back to a time when mankind’s fate was more readily
acknowledged as being intertwined with that of the rivers, lakes, and streams
that sustained us — a time in which our purer instincts towards preserving
nature needn’t be dictated by legislation.
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