The River Ouse in Sussex protected under a new rights of river charter.
A district council has championed a newly approved rights of river charter for the River Ouse in a move to amplify nature’s voice.
Lewes District Council has supported a rights of river charter which protects and affords the river fundamental rights.
The initiative has been led by the Love Our Ouse project, with the Environmental Law Foundation providing legal assistance and guidance.
Whilst not legally binding, the charter aims to set up guardianship of the river and ensure it is considered in local planning decisions.
The decision follows a worldwide campaign to provide ecosystems with legal personhood.
Director of Love Our Ouse, Matthew Bird said: “This is a momentous moment for the river and goes some way towards recognising that the river is an entity in its own right and that its voice needs to be represented in decisions which affect it.”
Lewes District Council passed a motion in February 2023 committing the council to exploring and developing a rights of river declaration for the River Ouse within two years.
Cabinet Member for Nature, Climate and Food Systems at Lewes District Council, Emily O’Brien said: “I hope that our councils support will mark another step on the journey to change the conversation so that one day a change in the law will mean the interests of nature are fully recognised.”
The initiative follows successful models in New Zealand, Canada and Colombia where rivers have been recognised as living entities with intrinsic rights and been appointed guardians to advocate on their behalf.
What are the river’s rights?
The rights of the river charter include the following:
- The right to exist in its natural state
- The right to flow
- The right to perform essential natural functions within the river catchment
- The right to feed and be fed from sustainable aquifers
- The right to be free from pollution
- The right to native biodiversity
- The right to regeneration and restoration
- The right to an active and influential voice
This charter represents a shift away from human centric protections of nature, with ‘the right to an active and influential voice,’ signalling the clear responsibility we have, as humans, to uphold these rights.
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Joint Executive Director of the Environmental Law Foundation and Head of Casework, Emma Montlake echoed this: “I would say this is a huge shift in how we consider nature in decision making.
“This is a massive move away from the human centric understanding of the law and our own species to something that embraces a much more holistic approach and recognises that we are part of the natural world, not separate from it.”
Future impact of the charter:
Montlake said she hopes if any decisions taken to protect the River Ouse’s rights end up in court, judges will begin to set the precedent of preserving nature’s rights through caselaw.
Additionally, Montlake highlighted how the charter represents an opportunity to bring nature’s voice to the table.
“Decisions have been taken all the time that don’t just affect us, and we put a silent veil over nature as if it doesn’t have a voice and yet it does have a voice,” said Montlake.