BLUE TALK with Blue Community Ambassador Erin O’Donnell, book author and Associate Professor at Melbourne Law School, The University of Melbourne, Australia.
Living rivers and the political rights of Indigenous Peoples in Australia.
“Australia’s water laws are contemporary expressions of water theft. Victoria’s new Treaty is the first treaty between settler state governments and Indigenous Peoples in Australia’s history, and provides a platform to address this”.
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Quick recap
Erin O’Donnell, an expert in water law and policy, was introduced as a new Associate Professor at the University of Melbourne Law School and welcomed as a Blue Community Ambassador due to her expertise in Indigenous water rights and water justice. She presented on water justice and ‘aqua nullius’ in Australia, highlighting the impact on water quality and access for Indigenous communities and the need for a cultural water paradigm. Erin discussed the intersection between Indigenous rights and the human right to water in Australia, exploring debates around legal rights for nature and the challenges in advancing treaties and truth-telling exercises.
Summary
Water Justice in Indigenous Australia
Erin presented on water justice and aqua nullius in Australia, discussing how the erroneous belief that water belonged to no one when the British invaded Australia has led to ongoing issues of water access and rights for Indigenous peoples. She highlighted the impact of aqua nullius on water quality and access, particularly in remote Indigenous communities, and the need for a cultural water paradigm that integrates traditional knowledge with modern water management. Erin also touched on recent progress in Victoria, including the signing of a treaty acknowledging Aboriginal sovereignty and the transfer of some water rights to Indigenous peoples.
Indigenous Water Rights in Australia
Erin discussed the intersection between Indigenous rights and the human right to water in Australia, noting that while there is a link, Indigenous rights are often collective while the human right to water is individual. She highlighted the slow progress of Australia in improving water access for remote Indigenous communities. Erin also explored the debate around legal rights for nature, particularly rivers, and the paradox that such rights, while potentially increasing legal power, can weaken community support for environmental protection. She provided examples from Ecuador and the United States to illustrate this point. In discussing Australia’s water apartheid and the campaign for water rights for Indigenous peoples, Erin mentioned the recent failed referendum for a national Indigenous voice to Parliament and the challenges in advancing treaties and truth-telling exercises in various jurisdictions. She emphasized the need for collaboration and partnership in creating a sustainable future that recognizes Aboriginal sovereignty.
