Hear their voices: Australia’s First Nations women and the legal recognition of their rights to water

This article aims to highlight the expertise of First Nations women in water management and use, and the necessity of having their voices heard in this space, as their voices have not received the attention or respect, yindyamarra, they deserve in Australian water law and policy. Before critically examining the articulation of a right to water in the international human rights framework as it applies to First Nations women, this article opens by introducing the nature and importance of First Nations women’s water rights. The article then turns to Australia, outlining the emergence of First Nations rights generally, before turning its attention to water rights. In that respect, Commonwealth law and policy is analysed, given that it is the nation-state with legal personality in international law. Two contrasting case studies follow, illustrating the importance and fragility of First Nations women’s water rights. The article concludes that international law evidences a deficit discourse, providing little basis for nation-states to recognise the holistic nature of water rights of First Nations women, and that Commonwealth law and policy, although showing promising signs, has yet to provide any meaningful scope for First Nations women to use and manage water according to First Nations law.