Tag Archives: indigenous peoples rights

Sins of Environmentalism

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During the opening ceremony of the (Conference of the Parties) COP15 of the Biodiversity Convention taking place in early December 2022,  Canadian Prime Minister Justin Trudeau called for a global agreement to protect 30% of the world’s land and water by 2030. This so-called ’30×30′ plan is opposed by a number of groups that promote the rights of indigenous peoples. According to Survival International, an organization campaigning for Indigenous rights, 30 x 30 will be the biggest land grab in history.

Already in many Protected Areas around the world local people, who have called the land home for generations, are no longer allowed to live on and use the natural environment to feed their families, gather medicinal plants or visit sacred sites.

‘Fortress Conservation’ is one example of a conservation model that excludes Indigenous communities. It began with the formation of Yosemite, the world’s first national park, in North America over 150 years ago.  To preserve the ‘pristine wilderness’ humans needed to be expelled so the native Americans, who had lived in and cared for the region for thousands of years, were evicted.

Only 3 per cent of the world’s land remains ecologically intact, and biodiversity loss continues at an alarming rate.  In 2010, member states of the Convention on Biological Diversity (CBD) committed to placing 17 per cent of the world’s land within protected areas by 2020. Yet during that decade global biodiversity actually declined significantly.

There have also been systemic human rights abuses. Rainforest Foundation UK protects the world’s rainforests by supporting and empowering the Indigenous people and local communities which live in them.  But its research into 34 Protected Areas in the Congo Basin showed that without the presence of Indigenous communities, animal populations dwindled, and extractive activities increased. This was despite large investments having been channeled into them.  It also uncovered widespread disregard for local communities’ rights and livelihoods and conflict between forest peoples and conservationists in this region.

According to Joe Eisen, Executive Director of Rainforest Foundation UK, human rights abuses are commonplace in the Congo Basin. “Our research has shown these human rights abuses are not just the isolated actions of rogue park rangers but are rather part of a system in which displacement, torture, gender-based violence and extrajudicial killings are used to control Indigenous peoples and other local communities who live in, and depend on, areas of high conservation value,” he says.

Protected Areas are often managed by major international conservation organizations, who employ armed guards to evict the local population and prevent their return. These actions have long-term consequences and destroy Indigenous livelihoods and cultures.

There are calls for the development of a community-based conservation model, which empowers Indigenous people, rather than removing them from their ancestral lands.

Excerpts from Plans to protect 30% of the planet by 2030 could be ‘devastating’ for Indigenous people, Euronews, Dec. 8, 2022

Exist, Evolve, Be Restored: the Rights of Nature

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Only a few years ago, the clear, shallow waters of Mar Menor, a saltwater lagoon off eastern Spain that is Europe’s largest, hosted a robust population of the highly endangered fan mussel, a meter-long bivalve. But in 2016, a massive algal bloom, fueled by fertilizer washing off farm fields, sucked up the lagoon’s oxygen and killed 98% of the bivalves, along with seahorses, crabs, and other marine life.

The suffocating blooms struck again and again, and millions of dead fish washed onto shore. In 2021 local residents—some of whom benefit from tourism to the lagoon—had had enough. Led by a philosophy professor, activists launched a petition to adopt a new and radical legal strategy: granting the 135-square-kilometer lagoon the rights of personhood. Nearly 640,000 Spanish citizens signed it, and on 21 September, Spain’s Senate approved a bill enshrining the lagoon’s new rights. The new law doesn’t regard the lagoon and its watershed as fully human. But the ecosystem now has a legal right to exist, evolve naturally, and be restored. And like a person, it has legal guardians, including a scientific committee, which will give its defenders a new voice.

The lagoon is the first ecosystem in Europe to get such rights, but this approach to conservation has been gaining popularity around the world over the past decade…The clearest success story, scholars say, is the Whanganui River in New Zealand, which was given legal rights by an act of Parliament in 2017. Like a person, the river and its catchment can sue or be sued, enter contracts, and hold property. In that case, the aim was not to stop pollution but to incorporate the Māori connection between people and nature into Western law. “The river and the land and its people are inseparable,” Niko Tangaroa, a Māori elder of the Whanganui Iwi people and a prominent activist for the river, wrote in 1994.

Excerpts from Erik Stokstad, This Lagoon is Effectively a Person, New Spanish Law Says, Science, Oct. 7, 2022

The Power of Listening: when Indigenous People Win

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 Indigenous traditional owners on Sept. 21, 2022 won a court challenge that prevents an energy company from drilling for gas off Australia’s north coast. The Federal Court decision against Australian oil and gas company Santos Ltd. was a major win for Indigenous rights in the nation. Dennis Murphy Tipakalippa, who was described in court documents as an elder, senior lawman and traditional owner of the Munupi clan on the Tiwi Islands, had challenged the regulator’s approval of Santos’ $3.6 billion plan to drill the Barossa Field beneath the Timor Sea. Justice Mordy Bromberg quashed the February decision by the regulator, the National Offshore Petroleum Safety and Environmental Management Authority, to allow the drilling.

Tipakalippa had argued that the regulator could not be “reasonably satisfied,” as required by law, that Santos had carried out necessary consultations with indigenous peoples about its drilling plans. Santos had not consulted with his clan, Tipakalippa said, and he feared the project would harm the ocean environment.

See Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority (No 2) [2022] FCA 1121    

Judge Bromberg went to the Tiwi Islands in August and took evidence about the Munupi people’s connection to the environment. According to indigenous peoples, the court’s willingness  to travel and listen to communities are signs that Australian institutions are increasingly taking  the concerns and heritage of indigenous peoples into account.

ROD McGUIRK, Australian Indigenous traditional owners halt gas drilling, AP, Sept. 21, 2022; Mike Cherney, In Australian Gas-Project Dispute, Sacred Dances Part of Court Hearing, WSJ, Sept. 8, 2022

Wild West: Mercury Pollution in the Amazon Rainforest

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Munduruku Indigenous people in the Tapajós basin – an epicenter of illegal gold mining in the Amazon rainforest – in southwestern Pará state have reported increasing encroachments upon their lands by armed “wildcat” miners known as “garimpeiros” since March 14, 2021. The Federal Prosecutor’s Office has warned of a potential for violence between local residents and the miners and urged the deployment of the federal police and other authorities to remove the trespassers. But the government has yet to act. The tension has escalated in recent weeks after a group of miners brought equipment to the area.

Illegal mining causes significant deforestation in the Brazilian Amazon and has been linked to dangerous levels of mercury poisoning, from mercury widely used to process the gold, in several Munduruku communities along the Tapajós basin. Indigenous people also fear that miners could spread the Covid-19 virus in their communities.

In a public statement on March 16, 2021 the Federal Prosecutor’s Office reported that a helicopter appeared to have escorted the miners and their equipment, suggesting the invasion is “an orchestrated action” by an organized crime group. The office also reported that the miners may be coordinating the invasion with a “small group” of Indigenous people who support the mining. Members of Munduruku communities who oppose the mining and have reported the invasions to the authorities say they have faced threats and intimidation. On March 19, 2021 armed men reportedly prevented a group of Munduruku Indigenous people from disembarking from their boats in an area within their territory. On March 25, 2021 in the Jacareacanga municipality, miners and their supporters forced their way into a building that houses the Wakoborun Women’s Association and other community organizations that have opposed the mining. The attackers destroyed furniture and equipment and set fire to documents, Indigenous leaders reported…

President Bolsonaro has signaled his aversion to protecting Indigenous lands. As a candidate, he vowed not to designate “one more centimeter” of land as Indigenous territory. His administration has halted the demarcation of Indigenous territories – there are 237 pending requests – leaving Indigenous communities even more vulnerable to encroachments, deforestation, and violence. The Munduruku territory is already demarcated. In 2020, Bolsonaro introduced a draft bill in Congress to allow mining and other commercial activities in Indigenous territories. The bill is pending in Congress and is listed as one of Bolsonaro’s priorities.

Excerpt from Brazil: Remove Miners from Indigenous Amazon Territory, Human Rights Watch, Apr. 12, 2021

The Worst Cultural Calamity of 2020: Blowing Up the 46 000-Year-Old Caves at the Juukan Gorge

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In May 2020, mining giant Rio Tinto blasted through two rock shelters in Juukan Gorge in Western Australia in order to mine iron ore. Evidence of human habitation there dates back tens of millennia.  Rio Tinto obtained permission to mine in the area in 2013, a right which was not affected by the discovery of ancient artefacts such as stone relics, faunal remains and human hair in one of the Juukan caves a year later…

Critics of Rio Tinto say there is abundant evidence that the company was aware of the site’s importance before the blasting. For example, the BBC reported that in the days running up to the caves’ destruction in May 2020, Rio Tinto hired lawyers in case opponents tried to seek injunctions to stop them.

Some 7,000 artefacts were discovered during the excavation of one of the Juukan sites.

Excerpt from MERRIT KENNEDY, A Mining Company Blew Up A 46,000-Year-Old Aboriginal Site. Its CEO Is Resigning, NPR, Sept. 11, 2020

How to Create a National Park? Beat Up and Intimidate Indigenous Peoples

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Armed ecoguards partly funded by the conservation group WWF to protect wildlife in the Republic of the Congo beat up and intimidated hundreds of Baka pygmies living deep in the rainforests, according to a UNDP investigation. A team of investigators sent to northern Congo by the UN Development Programme (UNDP) to assess allegations of human rights abuses gathered “credible” evidence from different sources that hunter-gatherer Baka tribespeople living close to a proposed national park had been subjected to violence and physical abuse from the guards over years, according to a leaked draft of the report obtain by the Guardian in February 2020.

The allegations, reported to the UN in 2019, included Baka tribespeople being beaten by the ecoguards, the criminalisation and illegal imprisonment of Baka men, summary evictions from the forest, the burning and destruction of property, and the confiscation of food.  In addition, the UNDP’s social and environmental compliance unit heard how the ecoguards allegedly treated the Baka men as “sub-human” and humiliated some Baka women by forcing them to take off their clothes and “be like naked children”.

The report says: “These beatings occur when the Baka are in their camps along the road as well as when they are in the forest. They affect men, women and children. Other reports refer to ecoguards pointing a gun at one Baka to force him to beat another and guards taking away the machetes of the Baka, then beating them with those machetes.

“There are reports of Baka men having been taken to prison and of torture and rape inside prison. The widow of one Baka man spoke about her husband being so ill-treated in prison that he died shortly after his release. He had been transported to the prison in a WWF-marked vehicle.”

The draft report, dated 6 January 2020, adds: “The violence and threats are leading to trauma and suffering in the Baka communities. It is also preventing the Baka from pursuing their customary livelihoods, which in turn is contributing to their further marginalisation and impoverishment.”

The $21.4m (£16.6m) flagship Tridom 11 project in northern Congo set up in 2017 with money from the WWF, UNDP, the European commission, US and Congolese governments and the Global Environment Facility, as well as logging and palm oil conglomerates, includes as its centrepiece a 1,456 sq km area of forest known as Messok Dja.

This global biodiversity hotspot is rich in wildlife, including elephants, gorillas and chimpanzees, and has been lived in and used for the hunting of small game by the semi-nomadic Baka tribes for millennia. The WWF has pressed for it to be designated a protected area, or national park, for 10 years, on the grounds that it will reduce wildlife crime and act as an ecological corridor linking national parks in neighbouring Cameroon.

The WWF says the ecoguards were employed by the Congolese government, but admits contributing to their training and wages along with other funders through the Tridom interzone project (ETIC), a Congo government collaboration with WWF. It adds that there are no legal restrictions preventing Baka using the forests….The investigators also identified multiple failures of the UNDP to adhere to human rights policies and standards, and said little consideration had been given to the impact of the project on the Baka peoples….Investigators also said they found no evidence that the UNDP had taken into account the risk of co-financing the project with palm oil and logging companies whose work by its nature threatens large-scale biodiversity loss.

The report strongly criticises the way conservation is practised in central Africa. “The goal of establishing Messok Dja as a protected area was pursued by following the established patterns of conservation projects in the Congo Basin, which largely exclude indigenous peoples and treat them as threats rather than partners,” it says.

Excerpts from John Vidal, Armed ecoguards funded by WWF ‘beat up Congo tribespeople’, Guardian, Feb, 3, 2020

Between Colonialism and the Abyss: the Desperate Search for a Nuclear Waste Disposal Site, United States

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A proposal for New Mexico to house one of the world’s largest nuclear waste storage facilities has drawn opposition from nearly every indigenous nation in the state. Nuclear Issues Study Group co-founder and Diné organizer Leona Morgan told state legislators in November 2019 the project, if approved, would perpetuate a legacy of nuclear colonialism against New Mexico’s indigenous communities and people of color.

Holtec International, a private company specializing in spent nuclear fuel storage and management, applied for a license from the federal Nuclear Regulatory Commission to construct and operate the facility in southeastern New Mexico. Holtec’s proposal would see the majority of high-level nuclear waste in the U.S. transported to a consolidated interim storage facility located in southeastern New Mexico. If licensed, the facility would house up to 100,000 metric tons of high-level waste at capacity — more nuclear waste than currently exists in the country — for up to 40 years, while the federal government either re-opens Yucca Mountain or establishes a new deep repository to permanently store the waste.

The proposal, which has been in the works since 2011, would see high-level waste generated at nuclear power plants across the country transported to New Mexico for storage at the proposed facility along the Lea-Eddy county line between Hobbs and Carlsbad. Holtec representatives say the facility would be a temporary solution to the nation’s growing nuclear waste problem, but currently there is no federal plan to build a permanent repository for the waste.

Legislators, activists and residents alike share concerns about the proposals. Some fear the “interim” storage facility could become a de facto permanent storage facility if no other repository is built; others question the site selection for a nuclear facility so close to oil and gas activity in the Permian Basin. Increased transport of high-level radioactive waste across the state could also lead to potentially dangerous nuclear releases, leaving impacted communities responsible for emergency responses.

“New Mexico doesn’t make the waste, why should we take the waste?” Morgan said. “What we’re advocating for is not a temporary, band-aid solution, but something more scientifically sound. The waste does have to go somewhere. However, storing it in New Mexico temporarily is not the right idea. It’s not safe; it’s not supported by the local communities; and New Mexico does not want it.”  “We see this as environmental racism and perpetuating nuclear colonialism that is going to result in a continuation of a slow genocide,” she said….

Meanwhile, nuclear power utilities across the country have sued the federal government over a breach of contract for failing to establish a permanent repository for the waste. 

Nuclear colonialism, a term first coined by environmentalist Winona LaDuke and activist Ward Churchill, describes a systematic dispossession of indigenous lands, the exploitation of cultural resources, and a history of subjugation and oppression of indigenous peoples by a government to further nuclear production of energy and proliferation of weapons.  “All of the impacts from nuclear colonialism can be simplified by explaining it as environmental racism,” Morgan told state legislators last week. She pointed to the health and environmental consequences of uranium mining on the Navajo Nation during the last century.  “My family lives in areas where there was past uranium mining. We’re still dealing with the legacy of all of the mining that fuelled World War II and the Cold War,” Morgan said. “This legacy is still unaddressed — not just in New Mexico, but in the entire country. For that reason, my concern is the health of our people, our environment.”

Cleaning Abandoned Uranium Mines New Mexico

“We do not believe we are separate from the environment,” Morgan said. “We are not here to protect the environment as land and as mountains, but as living, breathing entities.”  Similar beliefs, sometimes referred to in policy discussions as “environmental personhood,” have gained recognition among regulators in countries across the world in recent years. 

Excerpts from Kendra Chamberlain, Nuclear Colonialism: Indigenous opposition grows against proposal for nation’s largest nuclear storage facility in NM, https://nmpoliticalreport.com/,  Nov. 14, 2019

Suing and Wining: Indigenous People, Ecuador

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Hunter-gatherers in the Amazon sought in court on in April 2019 to stop Ecuador’s government auctioning their land to oil companies, as tension mounts over the future of the rainforest…The Waorani said the government did not properly consult them in 2012 over plans to auction their land to oil companies.

“We live on these lands and we want to continue to live there in harmony. We will defend them. Our fight is that our rights are respected,” said Nemonte Nenquimo, a leader of the 2,000-strong Waorani….Ecuador is pushing to open up more rainforest and develop its oil and gas reserves in the hope of improving its sluggish economy and cutting its high fiscal deficit and foreign debt…

The constitution gives the government the right to develop energy projects and extract minerals on any land, regardless of who owns it, but requires that communities are consulted first and are properly informed about any projects and their impact. Laws to regulate the consultation process have yet to be introduced – although the court case could push the government to do this, said Brian Parker, a lawyer with campaign group Amazon Frontlines, which is supporting the Waorani…

The government announced last year that it had divided swathes of forest up into blocs for auction, one of which – bloc 22 – covers the Waorani’s ancestral lands, raising the specter of pollution and an end to their way of life.  In two landmark cases in 2018, local courts sided with indigenous communities who said the government had failed to inform them before designating their land for mineral exploitation….The Inter-American Court of Human Rights also ruled in 2012 that Ecuador had violated its Sarayaku Amazonian community’s right to prior consultation before drillers started exploration on their lands in the late 1990s.

Excerpts Ecuador’s hunter-gatherers in court over oil drilling in Amazon, Reuters, Apr. 11, 2019

How to Save the Rhino? Torture and Kill Civilians

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In national parks across Asia and Africa, the beloved nonprofit WWF  with the cuddly panda logo funds, equips, and works directly with paramilitary forces that have been accused of beating, torturing, sexually assaulting, and murdering scores of people…WWF has provided high-tech enforcement equipment, cash, and weapons to forces implicated in atrocities against indigenous communities…Villagers have been whipped with belts, attacked with machetes, beaten unconscious with bamboo sticks, sexually assaulted, shot, and murdered by WWF-supported anti-poaching units, according to reports and document

 WWF has provided paramilitary forces with salaries, training, and supplies — including knives, night vision binoculars, riot gear, and batons — and funded raids on villages…The charity has operated like a global spymaster, organizing, financing, and running dangerous and secretive networks of informants motivated by “fear” and “revenge,” including within indigenous communities, to provide park officials with intelligence — all while publicly denying working with informants.

The charity funnels large sums of cash to its field offices in the developing world where staff work alongside national governments — including brutal dictatorships — to help maintain and police vast national parks that shelter endangered species. But many parks are magnets for poachers, and WWF expends much of its energy — and money — in a global battle against the organized criminal gangs that prey on the endangered species the charity was founded to protect.  It’s a crusade that WWF refers to in the hardened terms of war. Public statements speak of “boots on the ground,” partnerships with “elite military forces,” the creation of a “Jungle Brigade,” and the deployment of “conservation drones.”  WWF is not alone in its embrace of militarization: Other conservation charities have enlisted in the war on poaching in growing numbers over the past decade, recruiting veterans from the wars in Afghanistan and Iraq to teach forest rangers counterinsurgency techniques…

The enemy is real, and dangerous. Poaching is a billion-dollar industry that terrorizes animals and threatens some species’ very existence. Poachers take advantage of regions ravaged by poverty and violence. And the work of forest rangers is indeed perilous: By one 2018 estimate, poachers killed nearly 50 rangers around the world in the previous year. But like any conflict, WWF’s war on poaching has civilian casualties.

Indigenous people living near one park in southeast Cameroon described a litany of horrors incuding dead-of-night break-ins by men wielding machetes, rifle butt bludgeonings, burn torture involving chilis ground into paste, and homes and camps torched to the ground. Their tormentors in these accounts were not poachers, but the park officials who police them. Although governments employ the rangers, they often rely on WWF to bankroll their work.  …Documents reveal WWF’s own staffers on the ground are often deeply entwined with the rangers’ work — coordinating their operations, jointly directing their raids and patrols alongside government officials, and turning a blind eye to their misdeeds.

Iindigenous groups — both small-fry hunters and innocent bystanders — say they suffer at the hands of the rangers.  Nepal’s park officials were given this free rein decades ago, shortly after WWF first arrived in Chitwan in 1967 to launch a rhinoceros conservation project in a lush lowland forest at the foot of the Himalayas. To clear the way, tens of thousands of indigenous people were evicted from their homes and moved to areas outside the park’s boundaries..

The park’s creation radically changed their way of life: Now they must scrape together money to buy tin for their roofs, pay hospital bills, and farm new crops. They also live in fear of the park’s wild animals, which, while rising in number thanks to anti-poaching efforts, have destroyed crops and mauled people to death.  Rhinoceros horns can sell for hundreds of thousands of dollars on the black market. Professional poachers offer a tiny portion to locals who assist them, which can be hard for impoverished residents of villages to turn down.

Chitwan’s forest rangers work alongside over 1,000 soldiers from the park’s army battalion. Nepalese law gives them special power to investigate wildlife-related crimes, make arrests without a warrant, and retain immunity in cases where an officer has “no alternative” but to shoot the offender, even if the suspect dies….. Indigenous groups living near Chitwan have long detailed a host of abuses by these forces. Villagers have reported beatings, torture, sexual assaults, and killings by the park’s guards. They’ve accused park officials of confiscating their firewood and vegetables, and forcing them into unpaid labor.

WWF’s work with violent partners spans the globe. In Central Africa, internal documents show the charity’s close involvement in military-style operations with both a repressive dictatorship and a notoriously fierce army. …The park’s management plan says WWF will help organize raids, known as “coup de poings,” on local villages suspected of harboring poachers. A confidential internal report found that such missions, frequently conducted in the dead of night with the help of police units, were often violent.

Excerpts from WWF Funds Guards Who Have Tortured And Killed People, BuzzFeed News

By Hook or By Crook: Harvesting DNA of Indigenous Peoples

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Tensions between Western scientists and Indigenous communities around the world. (“Indigenous” is an internationally inclusive term for the original inhabitants, and their descendants, of regions later colonized by other groups.) Scientists have used Indigenous samples without permission, disregarded their customs around the dead, and resisted returning samples, data, and human remains to those who claim them. Indigenous communities have often responded by severely restricting scientists’ sampling of their bodies and their ancestors, even as genomics has boomed, with increasing relevance for health….

The  Indigenous Peoples in Genomics (SING) aims to train Indigenous scientists in genomics so that they can introduce that field’s tools to their communities as well as bring a sorely needed Indigenous perspective to research. Since Malhi helped found it at UI in 2011, SING has trained more than 100 graduates and has expanded to New Zealand and Canada. The program has created a strong community of Indigenous scientists and non-Indigenous allies who are raising the profile of these ethical issues and developing ways to improve a historically fraught relationship…

Some Indigenous communities, such as the Navajo Nation, decline to participate in genetic research at all. And many tribes don’t permit research on their ancestors’ remains. Such opposition can feel like a hostile stumbling block to Western scientists, some of whom have gone to court to gain or maintain access to Indigenous samples. Not being able to study at least some early samples would “result in a world heritage disaster of unprecedented proportions,” the American Association of Physical Anthropologists said in 2007 in a debate over an amendment to the Native American Graves Protection and Repatriation Act.

To understand why so many Indigenous people distrust Western scientists, consider how intertwined science has been with colonialism, says SING co-founder Kim TallBear, an anthropologist at the University of Alberta in Edmonton, Canada, and a member of the Sisseton Wahpeton Oyate in North and South Dakota. “While the U.S. was moving westward, stealing land, and massacring Indians, you had contract grave robbers coming out onto the battlefields and immediately picking up the dead—Native people—and boiling them down to bone, and sending their bones back east,” she says. Many of those skeletons were displayed and studied in museums by researchers who used them to argue for the biological inferiority of Indigenous people. Some of those skeletons are still there.  “Science was there, always. It’s part of that power structure,”

Many Indigenous communities see echoes of this painful history reverberating in the 21st century. In 2003, the Havasupai Tribe in Arizona discovered that samples taken for a study on diabetes had been used for research projects they had never consented to, including on population genetics and schizophrenia. They sued Arizona State University in Tempe, which eventually returned the samples and paid $700,000 to the tribe (Science, 30 April 2010)…

Researchers working for the Human Genome Diversity Project (HGDP), a major international effort, were collecting samples from around the world to build a public database of global genetic variation. The project publicly emphasized the importance of collecting DNA from genetically isolated Indigenous populations before they “went extinct.”  That rationale “was offensive to Indigenous populations worldwide,” Gachupin says. “Resources for infrastructure and for the wellbeing of the community were not forthcoming, and yet now here were these millions and millions of dollars being invested to ‘save’ their DNA.” The message from the scientific establishment was, she says, “We don’t care about the person. We just want your DNA.” Some activists dubbed the HGDP “the Vampire Project,” believing the only beneficiaries would be Western scientists and people who could afford costly medical treatments.

Excerpts from Lizzie Wade, Bridging the Gap, Science,  Sept. 28, 2018

Peruvian Amazon: Oil Pollution & Human Rights

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On September 15, 2018 indigenous federations from the Amazonian Loreto region of northern Peru scored a small victory in the fight for community rights. Representatives from four federations signed an agreement with the Peruvian government and the state-owned enterprise PetroPerú that acknowledges prior consultation as part of the new contracting process for petroleum Block 192. Under the new agreement, Block 192 will undergo a community consultation process before PetroPerú awards a new contract for operating the oil field…

Under the formal resolution with Prime Minister César Villanueva, the Ministry of Energy and Mining, and PetroPerú, the government will complete the community consultation for Block 192 between December 2018 and March 2019.

Extending across the Tigre, Corrientes, Pastaza and Marañón river basins in Peru’s remote Loreto province, Block 192 is the largest-yielding oil field in Peru, accounting for 17 percent of the country’s production. The government plans to continue production of oil at the block for another 30 years, adding to the almost 50 years of oil activity in the region. The oil field is currently operated by Canadian-based Frontera Energy, whose contract with PetroPerú is set to expire in September 2019.

American-based Occidental Petroleum discovered oil in the region in 1972 and a succession of companies, including the Dutch-Argentinian conglomerate Pluspetrol, left Block 192 (previously Block 1-AB) heavily polluted. While Peru’s Agency for Environmental Assessment and Enforcement fined Pluspetrol for violations, the Peruvian government remains in a protracted legal fight with the oil giant. A majority of the fines are outstanding and Pluspetrol denies any wrongdoing, despite settling with a local community in 2015.

For over 40 years, the indigenous Kichwa, Quechua, Achuar, and Urarina peoples who live near the oil field have been exposed to salts, heavy metals and hydrocarbons. According to a 2018 toxicology study by Peru’s National Center for Occupational Health and Environmental Protection for Health, over half of the indigenous residents in the region’s four basins have blood lead levels that surpass international recommended limits. A third have levels of arsenic and mercury above the levels recommended by Peru’s Ministry of Health…

The actual cost of cleaning up Block 192, along with neighboring Block 8, would approach $1 billion. To make matters more challenging, the $15 million fund of Peruvian government is almost exhausted..”

Excepts from Andrew Bogrand, Righting the many wrongs at Peru’s polluted oil Block 192, Nov. 2, 2018

Only One Protester was Killed: Kenya

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One person was killed and several injured in January 26, 2015 when Kenyan police clashed with Maasais protesting against a local governor they accuse of misappropriating tourism funds from the Maasai Mara game reserve, an official said.  Police fired shots and teargas as thousands of people from the Maasai ethnic group, clad in traditional red cloaks, marched to the governor’s office in Narok town, the administrative centre of the sprawling Maasai Mara park, witnesses said.

Narok County Commissioner Kassim Farah, an official appointed by the president, said: “Only one protestor was killed by a bullet.  “We regret it but the organisers of the demonstration should be held responsible, not the police.” Kenya Red Cross said seven people injured in the clashes were taken to a nearby hospital.

Demonstrators marched to the gates of Governor Samuel Tunai’s office, shouting: “Tunai must go.” Some hurled rocks. The dispute began when Tunai’s administration contracted a company to collect Maasai Mara park entry fees, a deal the locals say was suspect.

Visitors to the Maasai Mara, one of Africa’s biggest tourist draws, pay $80 per day to roam an area full of wildlife such as lions, rhinos and giraffes. Upmarket lodges and luxury tented camps can charge hundreds of dollars per person per day for the experience, although a spate of militant attacks in Kenya as well as the Ebola epidemic on the other side of Africa have scared off many tourists….

Local government finance has come under increased scrutiny from Kenyans since a newly devolved system was introduced in 2013 under which local governments receive about 43 percent of the national budget directly and are responsible for raising their own additional revenues.  Devolution was designed to spread wealth and help local communities benefit from revenue earned in their areas but analysts say corruption and other issues that have blighted national politics have now also spread to local bodies

Corruption protest in Kenya’s Maasai Mara region turns deadly, Reuters, Jan. 27, 2015

Amazon Indigenous Peoples – culture commerce

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[T]he Tupe reserve, home to 40 members of the Dessana tribe, and located 15 miles (24km) up the Rio Negro river from Manaus, the capital of Brazil’s vast Amazon region.The tribe originates from more than 600 miles further upstream, in remote north-western Brazil, but three decades ago nine members moved down river to Tupe, to be near Manaus, a modern city of two million people.  Eventually they chose to go into tourism, and commercialising their culture.

Yet while they continue to be successful in doing this, some commentators remain concerned that the Tupe villagers, and other such tribal groups which have gone into tourism, are at risk of being exploited.  Former farmersToday the residents of Tupe put on traditional music and dance performances for tourists and sell their homemade jewellery to visitors….

With most visitors paying a fixed fee of around £55 per person for a package tour, the problem for the tribal people – and authorities wishing to help project them – is that thereis no industry-wide agreement on what share of the money the villagers should be paid.   Some of the 196 tourism agencies don’t pay the tribal groups at all, instead forcing them to rely on selling jewellery, with pieces typically retailing for between four reals ($1.50; £1) and 20 reals ($7.60; £5), or asking for donations….A Brazilian government agency, the National Indian Foundation, which aims to protect and further the needs of indigenous groups, is indeed now looking at whether such regulations should be enforced.In the meantime, to help tribal villages better handle business negotiations with tour firms, a non-government organisation called the Amazonas Sustainable Foundation (ASF) runs entrepreneurial programmes for members of such communities.

Excerpt from  Donna Bowater, Helping Brazil’s tribal groups benefit more from tourism, BBC, Jan. 21, 2015

UK Nuclear Tests in Australia: Maralinga

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In the mid-1950s, seven bombs were tested at Maralinga in the south-west Australian outback. The combined force of the weapons doubled that of the bomb dropped on the Japanese city of Hiroshima in World War Two.  In archive video footage, British and Australian soldiers can be seen looking on, wearing short sleeves and shorts and doing little to protect themselves other than turning their backs and covering their eyes with their hands.Some reported the flashes of the blasts being so bright that they could see the bones of their fingers, like x-rays as they pressed against their faces.

A cloud hangs over Australia’s Monte Bello Islands after Britain tested its first atomic bomb
Much has been written about the health problems suffered by the servicemen as a result of radiation poisoning. Far less well-documented is the plight of the Aboriginal people who were living close to Maralinga at the time….”A lot of people got sick and died,” said Mima Smart, an aboriginal community leader.”It was like a cancer on them. People were having lung disease, liver problems, and kidney problems. A lot of them died,” she said, adding that communities around Maralinga have been paid little by way of compensation.  It’s a ten hour drive to the nearest big city, Adelaide. But people here say that the Australian government was wrong to let the tests go ahead and that Britain acted irresponsibly…

“They didn’t want to do it in their own back yard because their back yard wasn’t big enough,” said Robin Matthews, caretaker of the Maralinga Nuclear Test Site.”They thought they’d pick a supposedly uninhabited spot out in the Australian desert. Only they got it wrong. There were people here.”During the 1960s and 70s, there were several large clean-up operations to try and decontaminate the site.  All the test buildings and equipment were destroyed and buried. Large areas of the surface around the blast sites was also scraped up and buried.

But Mr Matthews said the clean-up, as well as the tests themselves, were done very much behind closed doors with a high level of secrecy.“You’ve got to remember that this was during the height of the Cold War. The British were terrified that Russian spies might try and access the site,” he said.  The indigenous communities say many locals involved in the clean-up operation also got sick.  Soil at the nuclear site grow so hot from the blast that it melted and turned to silicon has long been declared safe. There are even plans to open up the site to tourism.

But it was only a few months ago that the last of the land was finally handed back to the Aboriginal people. Most, though, say they have no desire to return there….And even almost 60 years on, the land still hasn’t recovered. Huge concrete plinths mark the spots where each of the bombs was detonate

Excerpt from Jon Donnison, Lingering impact of British nuclear tests in the Australian outback, BBC, Dec. 31, 2014

Yasuni National Park Oil Drilling: Ecuador, Amazon

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Ecuador’s parliament on Thursday (Oct. 3, 2012) authorized drilling of the nation’s largest oil fields in part of the Amazon rainforest after the failure of President Rafael Correa’s plan to have rich nations pay to avoid its exploitation.  The socialist leader launched the initiative in 2007 to protect the Yasuni jungle area, which boasts some of the planet’s most diverse wildlife, but scrapped it after attracting only a small fraction of the $3.6 billion sought.

The government-dominated National Assembly authorized drilling in blocks 43 and 31, but attached conditions to minimize the impact on both the environment and local tribes. Though Correa says the estimated $22 billion earnings potential will be used to combat poverty in the South American nation, there have been protests from indigenous groups and green campaigners.  About 680,000 people have signed a petition calling for a referendum.  “We want them to respect our territory,” Alicia Cauilla, a representative of the Waorani people who live around the Yasuni area, said in an appeal to the assembly. “Let us live how we want.”  Correa has played down the potential impact of oil drilling in the area, saying it would affect only 0.01 percent of the entire Yasuni basin…

Oil output in OPEC’s smallest member has stagnated since 2010 when the government asked oil investors to sign less-profitable service contracts or leave the country. Since then, oil companies have not invested in exploration.  State oil company Petroamazonas will be in charge of extraction in blocks 43 and 31, which are estimated to hold 800 million barrels of crude and projected to yield 225,000 barrels per day eventually. Ecuador currently produces 540,000 bpd

Excerpt, By Alexandra Valencia, Ecuador congress approves Yasuni basin oil drilling in Amazon, Reuters, Oct. 4, 2013

 

Neither Free, Nor Informed: indigenous peoples in Ecuador

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The Constitution of Ecuador adopted in 2008 establishes a broad range of rights for indigenous peoples and nationalities, including the right to prior consultation, which gives them the opportunity to influence decisions that affect their lives. But this right has yet to be fully translated into legislation, as the bill for a Law on Consultation with Indigenous Communities, Peoples and Nationalities is still being studied by the National Assembly.

Article 57, section 7 of the constitution guarantees “free, prior and informed consultation, within a reasonable period of time, on plans and programmes for exploration, exploitation and sale of non-renewable resources located on their lands which could have environmental or cultural impacts on them.” The constitution also stipulates the right of indigenous peoples “to share in the profits earned from these projects and to receive compensation for social, cultural and environmental damages caused to them. The consultation that must be conducted by the competent authorities shall be mandatory and timely.”  “If the consent of the consulted community is not obtained, steps provided for by the Constitution and the law shall be taken,” it adds.  Legal grounds for consultation are also established in Convention 169 of the International Labour Organization (ILO), which Ecuador ratified in 1998, and the United Nations Declaration on the Rights of Indigenous Peoples, adopted in 2007.

Nevertheless, recent mining and oil drilling projects have put the government’s commitment to respecting the right to consultation to the test, and spurred indigenous organisations to take action.  On Nov. 28, 2012, hundreds of indigenous representatives converged in Quito to protest the lack of consultation prior to the 11th oil auction round, in which exploration blocks containing an estimated total of 1.6 billion barrels of crude oil would be put up for bids from private companies. At the time, Domingo Peas, a leader of the Achuar indigenous ethnic group, declared that “the government says it has carried out prior consultation, but this is not true.”  “The consultations carried out among the peoples and nationalities in the areas of influence are invalid, because there was no participation by indigenous peoples and nationalities in determining the way they were conducted, they did not respect their traditional methods of decision-making, and cultural aspects, such as language, were not adequately taken into account,” he stressed.  Overall, said Peas, the consultations “were neither prior, nor free, nor informed, and were conducted in bad faith.”

The president of the influential Confederation of Indigenous Nationalities of Ecuador (CONAIE), Humberto Cholango, believes that the authorities have not done enough. “Prior consultation is still pending, we have still not seen the results we would like to see. We need the law to be approved; that would be a major advance,” he told Tierramérica*.

The draft law, comprising 29 articles, refers to consultation on legislative measures and establishes four stages: preparation; a public call for participation and registration; the actual holding of the consultation; and analysis of the results and conclusion.  In accordance with the law, the government will determine if a proposed bill affects the rights of certain communities, in which case the National Assembly will convene a prior consultation that will be conducted through the National Electoral Council…

One year ago, President Rafael Correa stated in one of his regular Saturday broadcasts that non-governmental organisations “want prior consultations to be popular consultations and to be binding; that means that for every step we want to take, we will need to ask the community for permission.”  “This is extremely serious. This is not what the international agreements say. This would not mean acting in the interests of the majorities, but rather in the interest of unanimity. It would be impossible to govern that way,” he declared.  In response to these statements, indigenous organisations sought reinforcement, calling on agencies such as the Inter-American Commission on Human Rights and the ILO to supervise the implementation of prior consultation.

In fact, indigenous communities in Ecuador have already turned to some of these mechanisms in the past. In 2003, the Quechua community of Sarayaku filed a complaint with the Inter-American Commission on Human Rights against the state for authorising oil exploration in their territory, without prior consultation.  The community, located in the province of Pastaza, in Ecuador’s Amazon rainforest region, denounced damages to their territory, culture and economy. In June 2012, the Inter-American Court of Human Rights ruled in favour of the community and against the state. The government is still studying how to pay the required compensation – a total of 1,398,000 dollars for material and moral damages and legal costs – and how to finish repairing the physical damage caused

By Ángela Meléndez, Ecuador’s Indigenous People Still Waiting to Be Consulted, Inter Press Service, May 2, 2012

The Polar Bear: An Animal or Icon

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The Inuit see the animal as a fierce predator, a cultural symbol and a valuable source of food, warmth and money in a part of the world where all three are in short supply.Yet to animal-welfare and green groups in warmer places the polar bears are both an icon in the fight against climate change and an animal under threat of extinction. The melting of the Arctic’s ice cap, which the bears use as a hunting platform, means the estimated population of between 20,000 and 25,000 will decline sharply, they say. They see hunting the bears as an anachronism and want international trade in bear pelts and parts, already severely restricted, completely banned.

These opposing views are set to clash at a meeting of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), an intergovernmental agreement, between March 3rd and 14th in Bangkok. Having failed at the previous meeting of CITES in 2010, the United States is again leading a move to switch the polar bear from Appendix II of the convention to Appendix I, which would ban trade in all but “exceptional” circumstances. The American proposal is backed by Russia but opposed by Canada, Norway, Denmark (which represents Greenland) and the CITES secretariat.

The debate promises to be emotional. What it lacks are facts. The Americans acknowledge that only eight of the 19 known groups of polar bears have been surveyed since 2000. Of the remaining 11, four have never been surveyed. The submission relies on a controversial forecast undertaken for the US Fish and Wildlife Service in 2007 that suggests the decline in sea ice will lead to the disappearance of two-thirds of the world’s polar bears by 2050.  Should the United States obtain the two-thirds majority needed to change the bear’s status, it will be a blow to the Inuit. Their trade in walrus tusks and narwhal horns has dried up because of curbs on sales of ivory designed largely to protect elephants. The trade in seal pelts and meat was curtailed by a 2009 import ban by the European Union, though this granted a limited exemption to indigenous peoples.

In Canada polar bears are hunted under annual quotas set by territorial governments. The Inuit trade bear pelts, claws and teeth, and sell some of the quota to trophy hunters, who employ local guides and buy local supplies…..

Countries which want to become observers at the Arctic Council, an intergovernmental body, will be reluctant to vote against Canada, Norway and Denmark on the issue. Canada takes over as chairman of the council in May. Still, it will take resolve to stand up to the United States, also a council member, and the array of animal-welfare and environmental groups backing its position.

The Inuit also argue that if the problem is climate change, to ban trade in polar bears is to attack the symptom rather than the cause. That was the argument of the European Union’s environment commissioner, Janez Potocnik, when the European Parliament debated the issue earlier this month. But the MEPs still voted in support of the American position.

Canada’s Inuit: Polar-bear politics, Economist, Feb. 23, at 36

Nuclear Waste Island, Orchid, Taiwan

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Most people on the windswept outpost, 62 kilometres east of Taiwan’s mainland, would love to see the 100,277 barrels of nuclear waste gone. But many admit they are concerned about their livelihoods if that day comes.  Orchid Island has been a flashpoint for Taiwan’s environmental movement since nuclear waste was first shipped there in 1982. Local residents, mostly members of the Tao aboriginal group, say the waste was put on the island without their consent. Periodic protests have claimed negative health and environmental effects.

In response, Taiwan Power Co has showered the community with cash handouts, subsidies, and other benefits.  Orchid Island received subsidies worth 110 million Taiwan dollars in 2011, according to company data. That doubled local government spending, according to township secretary Huang Cheng-de.  “The current situation, basically, is that Taipower gives us quite a bit of money, and our people are becoming pretty reliant,” Huang said.  Most of the funds are divided into government-managed accounts for each of the island’s 4,700 residents, who can apply for it if they have a business or career-oriented need. Residents also receive free electricity, health-related emergency evacuations, scholarships for higher education and a 50-per-cent discount on all transportation costs to Taiwan’s mainland.  Statistics indicate local residents are taking advantage of the benefits. In 2011, they used nearly twice as much electricity per household as the national average, according to company data.

Protests have weakened and for many residents, including Chou the restaurant owner, the existence of nuclear waste has become more acceptable.  “Most people here are against the nuclear waste, but since its already here, they should pay us for using our land,” Chou said. “For now, I’m okay with it as long as they don’t add any more barrels.”  The utility plans to move the waste off the island by 2021, but only if another township in Taiwan agrees by referendum to take it, according to Huang Tian-Huang, a company deputy director.  If it goes to plan, “so goes the compensation,” Huang said, although he acknowledged that gaining consent from another community will be difficult.  Questions remain on what would support Orchid Island’s economy if those subsidies end.

For Taiwan aborigines, nuclear waste is blessing and curse, http://www.timeslive.co.za, Sept. 16, 2012

Indigenous Peoples Rights and Energy Projects: the Inter-American Court of Human Rights

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Deep in the rainforest, the village of Sarayaku is two days by river from the nearest town. But its 1,200 Kichwa Indians are now in the spotlight. On July 25th the Inter-American Court of Human Rights ruled that Ecuador’s government had ignored the rights of Sarayaku’s residents when granting permission for an energy project—putting governments in the Americas on notice that big physical investments are not legal until the indigenous people they affect have had their say.

The dispute began in 1996 when Petroecuador, the state oil firm, signed a prospecting deal with a consortium led by Argentina’s Compañía General de Combustibles (CGC). Much of the area it covered was the ancestral land of Sarayaku’s residents, who were not consulted. CGC later offered locals medical aid for their consent. Some villages signed up, but Sarayaku held out.  Nonetheless, by early 2003 CGC had drilled 467 boreholes around the town for seismic surveying, and packed them with 1,433kg of high explosives. They were never detonated, and remain buried in the forest. As well as felling trees and destroying a sacred site, the company ruined some of Sarayaku’s water sources. Work ceased in 2003, and CGC’s contract ended in 2010.

The court found that the state had breached the villagers’ rights to prior consultation, communal property and cultural identity by approving the project, and that CGC’s tests had threatened their right to life. It ordered the government to pay damages, clear the remaining explosives and overhaul its consultation process. In future affected groups must be heard in a plan’s “first stages…not only when the need arises to obtain the approval of the community.” However, the judges did not ban prospecting on Sarayaku lands. The right to consultation does not grant a veto.

The ruling will be studied closely in the myriad Latin American countries struggling to balance big investments with local rights. A narrow reading of the decision suggests that governments must tiptoe around indigenous concerns, but can act more boldly when other groups protest, since the ruling was based partly on the International Labour Organisation’s Indigenous and Tribal Peoples Convention.

The ruling also shows that the regional justice system has not lost its mettle. In 2011 the Inter-American Commission on Human Rights, which litigates cases at the court, asked Brazil to halt work on the huge Belo Monte dam because its neighbours were not given a sufficient chance to speak up. Brazil’s government, which had authorised the dam only after a long public debate, saw this as a violation of its sovereignty. It did not comply, and stopped contributing money to the commission.  The commission was weakened by angering the region’s biggest country and by the criticism that it had exceeded its mandate. After Brazil presented new evidence in the case, the commission reversed its stance on Belo Monte. Moreover, last month the Organisation of American States voted to draft a reform plan for the commission, which some fear could strip it of important powers. Ecuador was among the commission’s loudest critics.

The Sarayaku case was not as heated as Belo Monte, since Ecuador’s government had already promised to pay damages. However, the court’s decision did strongly reassert its right to intervene in development cases. Moreover, Ecuador’s government plans to tender a big chunk of the Amazon for oil exploration later this year, despite indigenous opposition. If neither side backs down and the protesters appeal, the court’s next ruling on development in Ecuador may be far more contentious.

Indigenous rights in South America: Cowboys and Indians, Economist,July 28, 2012, at 32