\n<\/p>\n
W<\/span>hile patrolling the Great Barrier Reef, Gary Singleton was struck by an eerie stillness. The Coral Sea lay flat as glass beneath a heavy, windless sky. The heat was stifling, the water a little too warm. \u201cIt was beautiful,\u201d he says. \u201cBut I remember thinking, \u2018I feel sorry for the reef.\u2019\u201d<\/p>\n That moment stayed with him. A Yirrganydji traditional owner and land and sea manager in the Cairns-Port Douglas region, Singleton has spent more than 12 years working to protect the reef \u2013 as warming seas, sediment runoff, pollution and overfishing steadily erode its resilience. Just this week a report found a record drop in live coral in two out of three sections of the reef, prompting warnings that a tipping point for the ecosystem\u2019s future is approaching.<\/p>\n \u201cMy biggest fear is that we\u2019ll lose everything,\u201d says Singleton, whose father, Gavin Singleton Sr, was also a sea ranger. \u201cIt\u2019s a big part of our identity. We don\u2019t just think of the Great Barrier Reef as coral, we think of it as an entire system. A living thing.\u201d<\/p>\n <\/span>Victor Bulma, a Mandingalbay Yidinji man, supports the idea of personhood for the reef, but says it would \u201cbe a big hill to climb\u201d.<\/span> Photograph: Brian Cassey\/The Guardian<\/p>\n As traditional owners like Singleton witness the reef\u2019s decline first-hand, some are beginning to ask a deeper question: what if the reef had the same legal rights as a person?<\/p>\n Around the world, rivers, forests and mountains have been recognised as legal entities under a growing legal movement known as the \u201crights of nature\u201d. In the case of the Great Barrier Reef, the rights of nature model could recognise the world\u2019s largest coral system <\/em>as a legal person: an entity capable of holding rights and having those rights defended in court.<\/p>\n \u201cI\u2019ve been quite interested in the concept of recognising the reef as its own living entity,\u201d Singleton says. \u201cLike New Zealand, with some of the rivers and mountains being given[legal personhood] status.<\/p>\n \u201cIt\u2019s about separating the politics and all that outside noise and really giving the reef the respect it deserves as its own entity, its own being.\u201d<\/p>\n According to Dr Michelle Maloney, a lawyer and co-founder of the Australian Earth Laws Alliance, rights of nature laws could profoundly improve Australia\u2019s environmental governance system. <\/p>\n \u201cAustralian law, like most western legal systems, treats nature as human property: a collection of objects to be used, exploited or protected,\u201d she says. \u201cIn contrast, Aboriginal legal systems, some of the oldest continuous legal systems in the world, have always seen nature as alive. We have a lot to learn from Aboriginal law.\u201d<\/p>\n <\/span>Great Barrier Reef coral bleaching event in 2024 most widespread and severe on record – video<\/span><\/p>\n Rights of nature encompasses different approaches to trying to extend new rights or protections to nature, through granting ecosystems or natural objects status as legal persons or living entities. Legal personhood is a legal construct that grants legal rights to entities. Living entity is a term that recognises something is in fact alive, not just an object, but being granted this status doesn\u2019t create a legal right.<\/p>\n Maloney believes that granting the reef legal personhood could be relatively straightforward, if the political will were there. \u201cIn theory, the government could pass a law that says the Great Barrier Reef is a legal entity and has rights to exist, thrive, evolve and continue its vital cycles,\u201d she says \u201cAnd there are a number of different ways such a law could be implemented.\u201d<\/p>\n Under one model, guardians \u2013 including traditional owners and other stakeholders \u2013 would be appointed to act on the reef\u2019s behalf. \u201cIt would mean a process that made sure all of the different First Nations people up and down the reef system could be guardians for their land and sea country.\u201d she says.<\/p>\n Maloney says this systemic change isn\u2019t just a tool for symbolism but for action: \u201cLet\u2019s say a container ship leaked oil. The reef\u2019s guardians could sue the company for damages on behalf of the reef. Guardians could also have a stronger voice in future planning to reduce activities that damage the reef.\u201d<\/p>\n The legal personhood model appeals to Victor Bulma, a Mandingalbay Yidinji man and marine park inspector who lives in Yarrabah, just south of Cairns. \u201cI would definitely support it,\u201d he says. \u201cIt is a great idea to give us some sort of rights and stuff. But yeah, that\u2019d be a big hill to climb.\u201d<\/p>\n <\/span>This underwater photo taken on April 5, 2024, shows bleached and dead coral around Lizard Island on the Great Barrier Reef, located 270 kilometres (167 miles) north of the city of Cairns. <\/span> Photograph: David Gray\/AFP\/Getty Images<\/p>\n He has witnessed significant changes to the reef over his lifetime. But it\u2019s the changes to the coral he finds most alarming. \u201cBack when I was younger the reef was very, very colourful,\u201d he says. \u201cIt was paradise. Global warming plays a big part in the damage of it. Some parts of the reef are just grey.\u201d<\/p>\n Maloney believes legal personhood could give guardians like Bulma greater power to defend the reef from climate change. \u201cIt\u2019s not just the elephant in the room, it\u2019s the elephant starting to crush us all,\u201d she says. \u201cAnd we have a government that refuses to take it seriously and denies any duty of care.\u201d<\/p>\n She points to the federal court ruling in the Pabai case, which found the government has no duty of care to Torres Strait Islanders on climate change, as evidence of the system\u2019s failure. \u201cI\u2019d like to think legal personhood would change things for the better. Because if the law says its guardians have a right to do all they can to protect the reef, then they should be able to force real change.\u201d<\/p>\n Internationally, the rights of nature movement is gaining momentum. Ecuador became the first country to enshrine the rights of nature in its constitution in 2008; since then, dozens of successful court cases have been brought on behalf of ecosystems. In Australia, Victoria passed legislation in 2017 recognising the Yarra River as a living entity, acknowledging its ecological value and cultural significance to the Wurundjeri people.<\/p>\n skip past newsletter promotion<\/p>\n Sign up to Five Great Reads<\/span><\/p>\n Each week our editors select five of the most interesting, entertaining and thoughtful reads published by Guardian Australia and our international colleagues. Sign up to receive it in your inbox every Saturday morning<\/p>\n Privacy Notice: <\/strong>Newsletters may contain info about charities, online ads, and content funded by outside parties. For more information see our Privacy Policy. We use Google reCaptcha to protect our website and the Google Privacy Policy and Terms of Service apply.<\/span><\/p>\n after newsletter promotion<\/p>\n As people, we are benefiting from the reef \u2013 socially, economically and culturally. But how does the reef benefit?\u201dGavin Singleton, land and sea manager<\/p>\n While New Zealand\u2019s Whanganui River was granted legal personhood as part of a Treaty of Waitangi settlement, the path is more complex in Australia. \u201cThere are no treaties between First Nations people and the British or Australian governments, and Aboriginal people have fewer triggers in the law to insist on their rights,\u201d Maloney says. \u201cThat makes it a little harder. Not impossible, but harder.\u201d<\/p>\n For Singleton, who spends his days restoring coral and seagrass, monitoring marine life and planting trees along the coastline, the need to protect the reef is undeniable. \u201cThe thing is, the reef\u2019s threats are cumulative \u2026 you can\u2019t single out one thing,\u201d he says. \u201cThe entire ecosystem needs protecting. Our elders have always seen the reef holistically.\u201d<\/p>\n He hopes the concept of legal personhood can help reframe public thinking, not just about damage, but about responsibility. \u201cAs people, we are benefiting from the reef \u2013 socially, economically and culturally,\u201d he says. \u201cBut how does the reef benefit?\u201d <\/p>\n This year Singleton and Bulma joined a campaign to nominate the Great Barrier Reef for a UN lifetime achievement award; the first time a non-human entity has been put forward. The honour has previously recognised individuals such as Sir David Attenborough.<\/p>\n <\/span>Marine park inspector Victor Bulma: \u2018It\u2019s for our kids and grandkids.\u2019<\/span> Photograph: Brian Cassey\/The Guardian<\/p>\n In July the reef received a less celebratory distinction: the UN warned it could soon be added to the world heritage \u201cin danger\u201d list, citing mounting threats from climate change and pollution. The Australian government has until early 2026 to show progress \u2013 or risk the reef\u2019s heritage status being downgraded.<\/p>\n Singleton admits he initially questioned the intent behind the UN nomination. \u201cI did hear a comment somewhere about whether this was a media stunt,\u201d he says. \u201cBut I do think there is some genuine respect in there. It would be good to have more people speaking across the whole reef, to strengthen that voice.\u201d<\/p>\n That voice, he says, has always existed, if only we would listen. \u201cIn our language, we call the reef Yurrbinji, which means \u2018song\u2019. I\u2019ve always thought, if the reef had a voice, it would sing.\u201d<\/p>\n Bulma shares that hope, especially for future generations. \u201cIt\u2019s for our kids and grandkids. We\u2019ve got to protect the reef, so they can see what we saw and feel that same connection.\u201d<\/p>\n \u201cWe need to put this more on a global level,\u201d he adds. \u201cI\u2019ll cross my fingers for that.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":" While patrolling the Great Barrier Reef, Gary Singleton was struck by an eerie stillness. The Coral Sea lay flat as glass beneath a heavy, windless sky. The heat was stifling, the water a little too warm. \u201cIt was beautiful,\u201d he says. \u201cBut I remember thinking, \u2018I feel sorry for the reef.\u2019\u201d That moment stayed with<\/p>\n","protected":false},"author":1,"featured_media":14719,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[56],"tags":[4103,118,324,8329,3433,3856,8229],"class_list":{"0":"post-14718","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-crime-justice","8":"tag-barrier","9":"tag-great","10":"tag-legal","11":"tag-personhood","12":"tag-reef","13":"tag-sing","14":"tag-voice"},"_links":{"self":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/posts\/14718","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=14718"}],"version-history":[{"count":0,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/posts\/14718\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/media\/14719"}],"wp:attachment":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=14718"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=14718"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=14718"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}A living legal entity<\/h2>\n
A song in need of protection<\/h2>\n