The rapid emergence of rights of Nature over the past decade across multiple contexts has fostered increasing awareness, recognition, and, ultimately, acceptance of rights of Nature by the global community. Yet, too often, both scholarly publications and news articles bury the lede – namely, that the most transformative cases of rights of Nature have been consistently influenced and often actually led by Indigenous peoples. In this article we explore the ontologies of rights of Nature and earth jurisprudence, and the intersections of these movements with the leadership of Indigenous peoples in claiming and giving effect to their own rights (while acknowledging that not all Indigenous peoples support rights of Nature). Based on early observations, we discern an emerging trend of increased efficacy, longevity, and transformative potential being linked to a strongly pluralist approach of lawmaking and environmental management. A truly transformative and pluralist ecological jurisprudence can be achieved only by enabling, and empowering, Indigenous leadership.

Indigenous Peoples associate their own laws with the laws of the natural world, which are formally known as or translated as Natural or First Law. These laws come from the Creator and the Land through our ancestral stories and therefore, they are sacred. All aspects of life and existence depend on living and following these natural First Laws. Since colonization, Indigenous Peoples’ Natural Laws have been forcibly replaced by modern-day laws that do not take into account the sacred relationship between the Earth and all of her inhabitants. The force of societies who live outside of Natural Law has ensured the modern-day consequences of not living in balance with nature. Pandemics and global environmental change, including climate change, are all consequences of not following the Natural Laws that are encapsulated by the interconnected nature of the universe. Here we discuss Natural Law from an Indigenous paradigm and worldview which carries implications for planetary health and wider environmental movements around the globe.

Traditional custodians of the Martuwarra (Fitzroy River) derive their identity and existence from this globally significant river. The First Laws of the Martuwarra are shared by Martuwarra Nations through a common songline, which sets out community and individual rights and duties. First Law recognizes the River as the Rainbow Serpent: a living ancestral being from source to sea. On 3 November 2016, the Fitzroy River Declaration was concluded between Martuwarra Nations. This marked the first time in Australia when both First Law and the rights of nature were recognized explicitly in a negotiated instrument. This article argues for legal recognition within colonial state laws of the Martuwarra as a living ancestral being by close analogy with the case concerning the Whanganui River. We seek to advance the scope of native title water rights in Australia and contend that implementation of First Law is fundamental for the protection of the right to life of the Martuwarra.

In 2016, Traditional Owners came together to discuss their collective vision for the Martuwarra, expressed in the Fitzroy River Declaration. Traditional Owners established the Martuwarra Fitzroy River Council (MFRC) as a collective governance model to maintain the spiritual, cultural and environmental health of the catchment. Traditional Owners advocate a collaborative approach for an inclusive water governance model and catchment management plan. The MFRC advocates the need to establish a Fitzroy River Catchment Authority as a statutory body to monitor and regulate potential cumulative impacts from development. The Authority needs to be inclusive of all stakeholders and ensure that there is informed consent in decisions regarding development. This article articulates a local critique of water resource development and presents an alternative model of governance developed by Indigenous leaders of the West Kimberley.

First Peoples are leading the conversation about Indigenous water rights policy in Australia. This paper reviews contemporary Aboriginal water policy and initiatives. We examine the ever-changing cycles of government action and inaction, and First Peoples’ responses. Three case studies: Strategic Indigenous Reserves in the Northern Territory, the First Peoples’ Water Engagement Council and the Fitzroy River Declaration illustrate: (1) First People’s expressions of the right to self-determination in relation to water; (2) First Peoples’ contributions to integrated water resource management principles and water governance in Australia; and (3) that State/Commonwealth Aboriginal water initiatives are often discontinued when elected government changes, and rarely given strength through legislation. We finish the review with policy recommendations that underline the need to ‘break the cycle’ of inconsistent government initiatives.

Building on a methodology of Cooperative Inquiry, the outcomes of five interconnected place-based learning projects from Australia are synthesised and elaborated in this paper. The methodology can facilitate the everyday living and sharing of an Earth-based consciousness: one that enriches Transformative Sustainability Education (TSE) through recognising meanings and stories in landscape, and celebrates Indigenous ways of knowing, being and doing. Indigenous-led environmental education is shown to link with one of the longest continuous environmental education systems in the world and it is contended that because of its ongoing history, environmental education carries a cultural obligation. In Australia, every landscape is Indigenous and storied, and all Australians have an inherent right to learn that joy in place, along with the responsibility to care for it. Teaching and learning a relationship with place as family, is one way that environmental education can lead that campaign. This place-based methodology is a lifetime commitment involving everyday actions for change, a whole-of-education dedication.