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Presentation Abstract

Across the world, local to national governments are experimenting with recognizing the rights of the non-human environment. This is called the ‘rights of nature’. Euro-American law treats nature as property to be used and managed by humans. Rights of nature recognizes the rights of the environment to grow, thrive and be healthy, independent of humans. Indigenous Peoples often take the lead in these initiatives, as in the Maori-led rights of Aotearoa/New Zealand’s Whanganui River and Ojibwe-led rights of manoomin (wild rice). In the transboundary Salish Sea, there are growing efforts to implement this innovative rights framework. One such effort is being led by Community Rights San Juan Islands (CRSJI), a non-profit based in the San Juan Islands, Washington, at the center of the Salish Sea. This group is pursuing legal recognition of the Rights of the Salish Sea (RoSS), which means the Salish Sea and its natural communities have the right to exist, thrive, regenerate and evolve. Here, we present the results from community-based research exploring perceptions of this concept from a wide range of community members in San Juan County. Community members often support this concept, but have concerns about how the law will be applied to private property owners and the fact that it may increase litigation. Because of these concerns, RoSS now focuses primarily and initially on environmental injury caused by corporate or governmental action, not by private property owners. It also delays/avoids litigation by working through mediation before litigation. Interviewees all concluded that this concept requires a deep understanding of rights and a major shift in how we treat the Salish Sea. To implement this framework across the entire ecosystem, we see the need for deep education and consultation, indigenous leadership and strong coalition building.

Session Title

Salish Sea Conservation Strategies

Conference Track

SSE2: How We Protect the Salish Sea

Conference Name

Salish Sea Ecosystem Conference (2022 : Online)

Document Type

Event

SSEC Identifier

SSE-traditionals-315

Start Date

26-4-2022 1:30 PM

End Date

26-4-2022 3:00 PM

Genre/Form

conference proceedings; presentations (communicative events)

Subjects – Topical (LCSH)

Rights of nature--Salish Sea (B.C. and Wash.)

Geographic Coverage

San Juan County (Wash.); Salish Sea (B.C. and Wash.)

Rights

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Type

Text

Language

English

Format

vnd.ms-powerpoint

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Apr 26th, 1:30 PM Apr 26th, 3:00 PM

Rights of the Salish Sea: A major paradigm shift and an innovative legal framework

Across the world, local to national governments are experimenting with recognizing the rights of the non-human environment. This is called the ‘rights of nature’. Euro-American law treats nature as property to be used and managed by humans. Rights of nature recognizes the rights of the environment to grow, thrive and be healthy, independent of humans. Indigenous Peoples often take the lead in these initiatives, as in the Maori-led rights of Aotearoa/New Zealand’s Whanganui River and Ojibwe-led rights of manoomin (wild rice). In the transboundary Salish Sea, there are growing efforts to implement this innovative rights framework. One such effort is being led by Community Rights San Juan Islands (CRSJI), a non-profit based in the San Juan Islands, Washington, at the center of the Salish Sea. This group is pursuing legal recognition of the Rights of the Salish Sea (RoSS), which means the Salish Sea and its natural communities have the right to exist, thrive, regenerate and evolve. Here, we present the results from community-based research exploring perceptions of this concept from a wide range of community members in San Juan County. Community members often support this concept, but have concerns about how the law will be applied to private property owners and the fact that it may increase litigation. Because of these concerns, RoSS now focuses primarily and initially on environmental injury caused by corporate or governmental action, not by private property owners. It also delays/avoids litigation by working through mediation before litigation. Interviewees all concluded that this concept requires a deep understanding of rights and a major shift in how we treat the Salish Sea. To implement this framework across the entire ecosystem, we see the need for deep education and consultation, indigenous leadership and strong coalition building.