Responding to the Great Work: the Australian Earth Laws Alliance

1. Responding to the Great Work: the Australian Earth Laws Alliance Michelle Maloney Thomas Berry Colloquium, Amberley0 November 2014

2. This presentation • The ecological crisis • Elements of Thomas Berry’s work that have inspired AELA’s work • The Universe Story • The Great Work • AELA’s response

3. Ecological crisis • In 2005 - 2,000 scientists from 95 countries • “60% of ecosystem services degraded or used unsustainably” • Millennium Ecosystem Assessment • We’re now using 1.5 earths • By 2030 we’ll need 2 earths • For the global population to live like North Americans, we’d need 4 planets • Global Footprint Network (2013) • “Humanity has used more resources since 1950 than in all of previous human history” • Alan Durning ‘How Much is Enough? The consumer society and the future of the earth’ (1992)

4. Human responses • Current ecological crisis is pushing humanity to search for new ideas, different ways of thinking, better ways of caring for our planet • Science, politics, economics, philosophy, ethics, spirituality, law and governance

5. The Universe Story (1994) • Berry’s book with mathematical cosmologist BrianeSwimme - ‘The Universe Story’ - proposed that a deep understanding of the history and functioning of the evolving universe is a necessary inspiration and guide for humanity

6. The Great Work: Our Way into the Future (1999) • Critique of the underpinning structures of industrialised society • Looked at all four of the fundamental establishments that control human affairs: • Law and Government • Legal system is supporting exploitation rather than protecting the natural world from destruction • Economics - neoliberal growth economics; power of corporations • Universities – perpetuate current system, teach and reward focus on consuming the earth • Religion- Perpetuate human dominion and alienation from nature. • Anthropocentrism + pro-growth

7. Economic – (belief in infinite material growth) Legal, Political & Institutional Social/cultural (consumer culture) “the ideas thatlie beneath” Beliefs, Ideology -anthropocentrism + pro growth

8. Berry called for us to shift all our governance systems to be ecocentric and to nurture the Earth community Human centred Earth centred

9. Earth jurisprudence • An emerging philosophy of law and human governance that is based on the idea that humans are only one part of a wider community (the Earth community) and the welfare of each member of this community is dependent on the welfare of the earth as a whole • Interdependence, interconnectedness

10. ‘Wild Law: A Manifesto for Earth Justice’ – Cormac Cullinan (2002) • Response to Berry’s work • Direct call to the legal profession to embrace Earth Jurisprudence and earth-centredness • (not just about ‘the wild’ or wilderness)

11. Wild laws regulate humanity in accordance with Earth Jurisprudence • Thomas Berry and Cormac Cullinan • Cullinan suggests law needs to be creatively reinterpreted, allowed to be imaginative, wild; reconnected to our biophysical reality • Looks to systems theory, quantum physics • What can we learn from indigenous knowledge systems? • “flashes” of wild law exist in present laws and can be built on – but we also need to rethink and create new systems

12. How does Earth jurisprudence differ from existing environmental law? • Environmental law has made great gains (eg air, water, protected areas) and has held off many destructive developmentsEarth Jurisprudence argues environmental law just mitigates around the edges of the problem  Anthropocentrism + pro-growth economics = pro development legal framework • Despite the proliferation of environmental laws globally during 20th Century, the natural world continues to deteriorate

13. Elements of Earth Jurisprudence  • ‘Great Law’ - laws of the natural world ‘higher’ than human laws • ‘Earth Community’ - community of interconnected subjects • Rights of nature • Living within ecological limits • Encourages diversity in human governance – cultural pluralism, indigenous knowledge, Earth democracy • Human laws are the highest authority • Nature is a commodity for human use – property, other law reflects this • Rights for humans, corporations, ships - but not natural world • Pro-growth ideology • Western legal systems often reject cultural diversity (eg frequent exclusion of indigenous knowledge and lore) Earth Jurisprudence Current western legal system

15. The Australian Earth Laws Alliance: our evolution • Conferences brought environmental lawyers, philosophers, community activists together • 2009 – Wild Law, Adelaide • 2010 – Keeping the Fire, Wollongong • 2011 – Building Theory and Practice, Brisbane • 2013 – Living within our ecological limits, Brisbane • By 2011 conference, group decided to create a permanent space to ‘hold’ wild law and earth jurisprudence • Incorporated March 2012 • Board of Management, membership of around 100 people, 1500 people on mailing list, 20-30 active volunteers at any time (research, admin, events, projects)

16. Australia’s first Wild Law Conference – Adelaide 2009

17. AELA’s mission • To promote the understanding and practical implementation of Earth jurisprudence and ‘wild law’ in Australia • Network of lawyers, other professionals, community members, students • 1500 people across Australia • ‘Core group’ – Board of Management, National Convenor, Project and admin team • First two+ years – 35events across Australia • Workshops, public lectures, community meetings, interviews, radio interviews

18. AELA’s five core themes of work

19. AELA’s five core themes of work Education, awareness Arts & culture; Cross cultural Science, Ethics - Earth Charter, Traditional knowledge, Ecospirituality Rights of nature Community rights Ecocide Alternative legal, economic &political models Sharing law Building networks &supporting community organisations

20. Our work

21. Changing culture • Critiquing current law, governance and overall ‘world view’ of industrial society • Public education • Workshops, seminars, lectures, speaking at public events • 2015/2016 “Let’s talk about consumption” seminar series and publication • “Formal” education • Universities • Schools • “Earth Arts” • Engaging with artists, performers – using the arts to inspire, provoke, build community vision and community cohesion • 2013 ‘Wild law and the arts’ – multi-disciplinary group, Sydney • 2013 Griffith University School of the Arts – immersion/in-field undergraduate subject + Wild Law Art Exhibition • 2014 AELA at Bundanon Trust – ‘Earth laws/Siteworks’ • Dancers, artists – ongoing work • Future Dreaming – learning from indigenous wisdom – project on under development • Other cross cultural work – seeds of ideas

24. Reconnecting with what matters • Reconnecting industrial society with ecological knowledge, spirit, inspiration • “Exploring Ecospirituality” workshop series • 2014 – Brisbane, Perth • 2015/2016 – Melbourne, Sydney, Adelaide • Earth Ethics – engaging with Earth Charter, integrating it into our work • Indigenous wisdom – ‘Future Dreaming’ project under development • Science – ‘Challenging the Anthropocene’

25. Building community • AELA’s Australian community – broadening networks • International community – Global Alliance for the Rights of Nature • Supporting ‘spaces’ for peer-to-peer sharing and learning (every workshop!) • Providing direct support – governance advice

26. Australian Earth Laws Alliance & Global Alliance for the Rights of Nature

27. Creating alternatives • Alternative legal, economic and political (public participation) models • Legal alternatives • Writing • Wild Law Judgments Project • Rights of Nature Tribunals • Legal and governance support for Earth friendly organisations • Economic alternatives • Building the sharing economy • Australian Sharing Law Network • Australian Handbook for Sharing Law and Earthy Friendly Governance

28. International Tribunal for the Rights of Nature and Mother Earth First hearing - 17 January 2014, Quito

29. International Ethics Tribunal on the Rights of Nature

30. Rights of Nature TribunalBrisbane 15 October Great Barrier Reef

31. Transforming law and governance • ‘top down or bottom up’ change? • Bottom up is most effective right now • ‘local scale’ governance • Asserting Community and Nature’s Rights • Local law making (civil disobedience + law reform) • Intentional communities – governance • Indigenous land management and governing agreements/structures • Law Reform submissions • “chipping away at the discourse”

33. Thank you for your time  • www.earthlaws.org.au • convenor@earthlaws.org.au • Find us on facebook • Twitter @earthlawsaus

34. Rights of Nature

35. Rights of Nature – Thomas Berry • Any future governance system must recognise the rights of the non-human world to exist, thrive, evolve • Earth community - relationships • Rights exist where life (and life supporting systems) exist - ‘bee rights’, ‘river rights’ • We are a community of subjects, not a collection of objects

36. Should Trees Have Standing?Christopher Stone, 1972 ‘So, what would a radically different law-driven consciousness look like? … One in which Nature had rights … Yes, rivers, lakes … trees …animals … How would such a posture in law affect a community's view of itself?’

37. ‘Balancing’ rights of nature • “Recognizing Rights of Nature does not put an end to human activities, rather it places them in the context of a healthy relationship where our actions do not threaten the balance of the system upon which we depend. Further, these laws do not stop all development, they halt only those uses of land that interfere with the very existence and vitality of the ecosystems which depend upon them.” • Mari Margil, “Building an International Rights of Nature Movement” in M.Maloney and P.Burdon (eds) Wild Law in Practice (Routledge, 2014)

38. How do you speak for nature? • Relationships – rights/duties • ‘Standing’ • Humans ‘speak’ for non-human entities such as corporations • Humans ‘speak’ for humans who cannot • Guardian at law • ‘Constellations’ and ‘Council of all beings’ • Remedies for nature? • Injunction • Compensation • Restoration “I speak for the trees”The Lorax – Dr Seuss

39. Expansion of ‘rights’ • Every time we expand ‘rights’ there is resistance • Ending slavery – world view from slaves as property, to slaves as human • Votes for women (South Australia, 1894 – the rest of Australia, early 20th Century; USA 1920s)

40. Problems with rights? • Contentious – how do you implement them? How do you ‘weigh up’ nature’s rights? • Criticisms • Using legal positivism to fight legal positivism • (“the same thinking that got us into this mess in the first place”) • “Australia doesn’t have a culture of civil rights, how can we think about creating rights for nature?” • How can humans know what the rights of rivers are? • Rights vs duties/obligations/ethics • Many cultures have duties and obligations, not ‘rights’ – is this a better starting point? • Rights AND duties/obligations/ethics

41. Rights of Nature - Examples of legislation – Ecuador, Bolivia, USA(Turkey, Nepal, Spain)

42. Community law making, USA • Community Environmental Legal Defense Fund (CELDF) assists communities to organise and draft ordinances via ‘democracy schools’ (www.celdf.org) • More than 150 municipalities have introduced local laws (ordinances) • creating rights for human and natural communities • Rejecting the supremacy of corporate power in their jurisdiction • Ordinances are legally binding in the relevant local jurisdiction – eg if fracking is banned, municipality wouldn’t zone to do it • US municipalities can be overridden by State and Federal legal action • BUT The ‘rights of nature’ ordinances are both an organising strategy and a statement of intent, about what the community wants to protect • Even a legal challenge can be of benefit – local communities can show inequities and community goals

43. Example – Town of Wales, New York Community Protection of Natural Resources • s.4(a) Right to water • s.4(b) Rights of Natural communities. Ecosystems and natural communities possess the right to exist and flourish within the Town. The residents of the Town of Wales have the inalienable right to enforce and defend those rights to protect all ecosystems, including but not limited to, wetlands, streams, rivers, aquifers and other water systems, within the Town of Wales” • s.4(c) Right to self-government

44. Ecuador - 2008 • Constitution revised in 2008 to include provisions that recognise and protect rights of nature, Mother Earth • First time rights of nature recognised in a ‘modern’ constitution • Indigenous elders played critical part in the revision of the constitution • First rights of nature case heard in 2011 – Vilcabamba River • Standing – anyone can stand to defend the rights of nature

46. First successful Rights of Nature Case in Ecuador • March 30, 2011 case put to the Provincial Court of Loja in Ecuador • Dumping of debris narrowed the river, quadrupled river flow • Plaintiffs took case not on grounds of damage to private property – but on behalf of nature • Court ruled in favour of the Vilcabamba River • The court granted a constitutional injunction and held the provincial government liable for flooding damages caused by dumping of construction debris. • Ordered to restore the river

47. Key elements of Vilcabamba case • Plaintiffs stood on behalf of the river, NOT as private property owners • Provincial court considered intergenerational equity • “injuries to nature are generational damages … they have repercussions for present and future generations of life” • Court held there was environmental damage based on possible or probably harm, not on certainty • Burdon on proof with defendant – to show there has been no harm caused to the river • “where there is a conflict between nature’s rights and constitutional rights, nature’s rights would prevail, as environmental health is primary to all

48. Bolivia - 2010 • In 2010 Bolivia hosted The World People’s Conference on Climate Change and Rights of Mother Earth • 35,000 people from 100 countries • Prepared “Universal Declaration on Rights of Mother Earth” – presented to the UN • Bolivia introduced new legislation (significant law reform after new constitution) • “Act of the Rights of Mother Earth” • New Ministry and Ombudsman to oversee the Act

49. Universal Declaration of the Rights of Mother Earth • Article 1. Mother Earth • (1)  Mother Earth is a living being. • (2)  Mother Earth is a unique, indivisible, self-regulating community of interrelated beings that sustains, contains and reproduces all beings. • (3)  Each being is defined by its relationships as an integral part of Mother Earth. • (4)  The inherent rights of Mother Earth are inalienable in that they arise from the same source as existence. • (5)  Mother Earth and all beings are entitled to all the inherent rights recognized in this Declaration without distinction of any kind, such as may be made between organic and inorganic beings, species, origin, use to human beings, or any other status. • (6)  Just as human beings have human rights, all other beings also have rights which are specific to their species or kind and appropriate for their role and function within the communities within which they exist. • (7)  The rights of each being are limited by the rights of other beings and any conflict between their rights must be resolved in a way that maintains the integrity, balance and health of Mother Earth. • http://pwccc.wordpress.com/programa/

50. Bolivia’s “Act of the Rights of Mother Earth” • Art 1 – rights of mother earth to be respected by all • Art 2.3 – guarantee of the regeneration of Mother Earth • Art 3 – Mother Earth is a dynamic living system comprising an indivisible community of all living systems and living organisms … • Art 5 – For the purpose of protecting and enforcing its rights, Mother Earth takes on the character of collective public interest. Mother Earth and all its components, including human communities, are entitled to all the rights recognised in law