RESOURCES: ARTICLE
Rappahannock Tribal constitution recognizes The Rights of Rappahannock River
October 16, 2024
Through a tribal-wide vote, the Rappahannock Tribe in Virginia has become the first Tribal Nation in the U.S. to adopt a Tribal Constitution that recognizes the constitutional rights of nature.
The new Rappahannock Constitution recognizes the legally enforceable rights of the Rappahannock River to “exist, flourish, regenerate, and evolve.”
The Constitution also recognizes that the River possesses the right to groundwater recharge, the right to provide healthy habitat to native fish and plant species, and the right to natural water flow. It also recognizes the authority of any tribal member to enforce the rights of the Rappahannock River in court.
While “rights of nature” laws recognizing the legally enforceable rights of ecosystems and species have been adopted by over three dozen municipalities and tribal governments in the U.S. – this is the first Tribal Constitution to protect the constitutional rights of a specific ecosystem. Constitutions are the highest form of written law within legal systems.
The new Constitution also establishes a tribal court system, and the tribal council will be adopting a new code that will provide for enforcement of the rights of the Rappahannock River in their tribal court system.
Anne Richardson, Rappahannock Tribal Chief, declared, “We are proud to be the first Tribe in the United States to recognize the constitutional rights of nature, through our recognition of the legal rights of the Rappahannock River. Legal rights for the River was a logical next step – to put the force of tribal law behind the River, focused on protecting our River as the Mother of our people.”