River the 'Maas': a legal entity that can defend its own health, welfare and interests?
In the media
In 2017, the Whanganui River in New Zealand was the first river in the world declared being a legal entity - "the river is itself" - after a struggle by the Maori tribe that lasted for decades. Since then, the river can sue other parties if they harm the river's well-being. After the Whanganui, numerous waters and other nature received legal rights. Should the Netherlands follow this example from abroad?
In the near future, Jessica van Outer, involved in the Maas Cleanup, want to hand over a 50,000 times-signed petition to the Dutch parliament. The petition asks the outgoing cabinet to investigate whether legal entity is possible for the Maas. With legal rights, guardians can protect the Masa from pollution and waste. In an in the Waterforum magazine (issue 5 - volume 17, September 2021), Marleen van Rijswick, professor of European and Dutch Water Law and director of Utrecht Universty Centre for Water, Oceans and Sustainability (UCWOSL), spoke about the petition.
If we give the water freedom, we can start moving
Legal entity for waters, a real option?
Prof. Marleen van Rijswick does not find it a strange idea to grant rights to a river, in the same way that companies, for example, have had legal personality for years. This will require some thought and discussion. A river should not be given a casting vote, and enjoy unlimited freedom; then we can move.
There is also another way; to include the rights for waters in the constitution under the human right to a clean and healthy environment. This has already been done in numerous countries, including Belgium, and with the goodwill of politicians it may become a real possibility. However, constitutional amendments require two-thirds of the parliament voting in favour of the amendments in two terms of office. According to Prof. Marleen van Rijswick, two successive green cabinets will be required.
Legal quardians
If legal personality for waters will be realized, it still needs to be decided who the guardian(s) will be. Ideally, this should be a number of natural persons. For example, the Whanganui River has several guardians; half are appointed by the government, and the other half by the Maori community.
Establishing rights for international waters such as the Maas is complex, argues Daphina Misiedjan, associate professor at Erasmus 木瓜福利影视 and expert with the UN Harmony with Nature Knowledge Network. It makes sense to grant rights on the European level. Perhaps it would be better to experiment with national waters, such as the Ijssel, adds Ijsel fan Wim Eijkelboom.