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Old Member Simon Kieser has recently published an article in the Australian Journal of Human Rights, examining an Australian environmental protection act. Having completed a Masters in International Human Rights Law at ǿ����Ƶ, Simon is now a Visiting Scholar at the University of Cambridge, a PhD Candidate at the Victoria University of Wellington, and an Associate of the Sydney Indigenous Research Hub.

His latest open-access article critically examines Australia’s Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 (Vic) — landmark legislation that recognises the Birrarung (Yarra River) as a living entity with a heart and spirit, and acknowledges the Traditional Owners’ custodianship of the Birrarung. The piece evaluates the Act's alignment with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), focusing on Indigenous self-determination and environmental governance. 

It situates the Act within discussions of colonial legacies, such as genocide and ecocide, arguing for a shift from tokenistic inclusion to Indigenous-led environmental and legal reform. Ultimately, it calls for structural change and a reimagining of state engagement with Indigenous rights and governance, while emphasising that the obligation to uphold Indigenous rights and UNDRIP involves us all. 

We spoke to Simon about the importance of championing indigenous identities and environmental justice through legislation: 

What prompted you to write this article?

The article emerged as part of my broader doctoral research and advocacy. It was also shaped by recent political developments in Australia — namely, the 2023 Voice Referendum and the Australian Parliament’s 2023 Joint Standing Committee report on the application of UNDRIP. Both underscore a persistent and painful gap between symbolic recognition and meaningful legal reform. This article is my attempt to confront that gap directly.

Writing this article allowed me to ask: what does meaningful implementation of UNDRIP look like in environmental legislation? And are current frameworks empowering Indigenous Peoples, or simply incorporating them into existing colonial legal structures? These questions continue to shape my work.
 

Your article highlights a gap between symbolic recognition and genuine legal empowerment – what does this gap look like in the context of the Yarra River Protection Act?

The Act is often celebrated for its innovation. It recognises the Birrarung as a living entity, reflects the Traditional Owners’ aspirations for water justice, and incorporates the Traditional Owners’ language.

Despite its symbolic value, the Act operates within a colonial legal framework. It provides no formal legal authority or enforceable decision-making powers for Traditional Owners. For example, while the Act establishes the Birrarung Council, it only offers advisory roles, not rights.

Another particularly revealing example lies in how the Act and its associated framework gestures toward the Traditional Owners’ sovereignty — yet this supposed recognition is ultimately reduced to vague “protocols for engaging services” (p. 17). 

You discuss colonial legacies such as genocide and ecocide – how do these histories continue to shape contemporary environmental and legal frameworks in Australia?

Genocide, dispossession, and the criminalisation of Indigenous identity have created structural injustices that persist today. Ecocide, too, is not only environmental destruction but also cultural erasure, as many Indigenous Peoples view lands, waters, and cultures as inseparable.

These legacies appear in policies that prioritise extraction, marginalise Indigenous knowledge, and treat land as a resource rather than a living entity. Even progressive laws, like the Yarra River Protection Act, struggle to move beyond symbolic recognition because they are embedded within frameworks that centre state authority.

5)    What does meaningful implementation of UNDRIP look like in the context of environmental legislation?
Implementing UNDRIP in environmental legislation requires more than symbolic recognition or superficial consultation. It demands genuine power redistribution, acknowledgement of Indigenous Peoples as rights-holders, and full inclusion of Indigenous legal orders in environmental governance.

Implementation must embed principles of self-determination, Free, Prior and Informed Consent (FPIC), and meaningful participation in decision-making as foundational legal obligations.

It's crucial to note there's no one-size-fits-all approach. Indigenous Peoples are not homogeneous, and what one community considers meaningful may differ from another. A blanket approach risks imposing further external standards. Thus, early, respectful, context-specific engagement with Indigenous communities is vital to understand UNDRIP's implementation and its relevance in varying contexts.

Why is it so important to encourage better support of Indigenous self-determination through legislation?

Indigenous self-determination is not just a political aspiration; it is a lived assertion of identity, authority, and cultural survival. Legislation is vital as it offers legal recognition and mechanisms for Indigenous Peoples to reclaim space, voice, and power within historically exclusionary systems.

Legislation often views Indigenous communities as stakeholders rather than rights-holders, who are consulted but not fully included. Embedding self-determination into law rebalances this, shifting responsibility from benevolence to obligation, acknowledging Indigenous sovereignty with their own governance systems and legal traditions.

To support Indigenous self-determination through law is to envision a future where Indigenous Peoples shape their existence and relationships with lands, waters, and communities without needing permission.

How did your time at ǿ����Ƶ impact your research and current interests?

Studying international human rights law at ǿ����Ƶ offered both challenge and clarity. I engaged in critical conversations about law, power, and justice with a global cohort. These exchanges sharpened my thinking and allowed me to explore how human rights frameworks can both advance and constrain Indigenous aspirations.

My time at ǿ����Ƶ nurtured my interest in legal pluralism and laid the groundwork for my current doctoral research on Indigenous rights and heritage governance. I am deeply grateful for the intellectual guidance and pastoral support that helped shape my academic trajectory and commitment to using legal research for positive change.

What’s next for your research?

Of course, it would be incredible if this article contributed to tangible change — not only for the Traditional Owners of the Birrarung Country but across Australia and internationally (dream big). I remain committed to being a catalyst for positive and lasting reform.

As part of that commitment, I have shared my work with the Wurundjeri Woi-wurrung and Bunurong Peoples, as well as members of the Birrarung Council, and invited their feedback. I see community engagement — listening, learning, and building relationships — as fundamental to responsible scholarship. It is all part of truth-telling, reciprocity, and care. Ideally, such relationships are built from the outset, enabling more collaborative and community-guided research. While that’s not always feasible as a PhD candidate or foreigner, I remain committed to evolving my work in conversation with those it seeks to support.

And just for fun — me very proudly representing ǿ����Ƶ in Japan, touring World Heritage sites: 

Acknowledgement from Simon Kieser

Currently based in Aotearoa New Zealand, I acknowledge Te Āti Awa, the iwi whose lands I work on, and the wider Taranaki Whānui ki Te Upoko o Te Ika collective.

I also acknowledge the Wurundjeri Woi-wurrung and Bunurong Peoples as the Traditional Owners of Birrarung Country in Australia, whose rights and custodianship are central to this article, and I pay my respects to their Elders, past and present.

Any errors or omissions in my work are not the result of carelessness or a lack of respect but rather reflect the limitations of my understanding and the complexity of the issues addressed.

Read the full article