Monday, January 2, 2017
Chip Colwell - What if nature, like corporations, had the rights and protections of a person?
In recent years, the U.S. Supreme Court has solidified the concept of corporate personhood.
Following rulings in such cases as Hobby Lobby and Citizens United, U.S. law has established that companies are, like people, entitled to certain rights and protections.
But that’s not the only instance of extending legal rights to nonhuman entities. New Zealand took a radically different approach in 2014 with the Te Urewera Act which granted an 821-square-mile forest the legal status of a person. The forest is sacred to the Tūhoe people, an indigenous group of the Maori. For them Te Urewera is an ancient and ancestral homeland that breathes life into their culture. The forest is also a living ancestor. The Te Urewera Act concludes that “Te Urewera has an identity in and of itself,” and thus must be its own entity with “all the rights, powers, duties, and liabilities of a legal person.” Te Urewera holds title to itself.
Although this legal approach is unique to New Zealand, the underlying reason for it is not. Over the last 15 years I have documented similar cultural expressions by Native Americans about their traditional, sacred places. As an anthropologist, this research has often pushed me to search for an answer to the profound question: What does it mean for nature to be a person?
The snow-capped mountain
A majestic mountain sits not far northwest of Albuquerque, New Mexico. Like a low triangle, with long gentle slopes, Mount Taylor is clothed in rich forests that appear a velvety charcoal-blue from the distance. Its bald summit, more than 11,000 feet high, is often blanketed in snow – a reminder of the blessing of water, when seen from the blazing desert below.
The Zuni tribe lives about 40 miles west of Mount Taylor. In 2012, I worked with a team to interview 24 tribal members about the values they hold for Dewankwin K’yaba:chu Yalanne (“In the East Snow-capped Mountain”), as Mount Taylor is called in the Zuni language. We were told that their most ancient ancestors began an epic migration in the Grand Canyon… read more: