$3 Million and an Official Apology: Brazil’s Ashaninka Get Unprecedented Compensation for Deforestation on Their Land
By Naira Hofmeister, Translated by Matt Rinaldi
- An unprecedented court settlement guaranteed reparations to the Ashaninka people of the state of Acre, in the Brazilian Amazon, whose lands were deforested in the 1980s to supply the European furniture industry. The logging company penalized was owned by the family of the current governor of Acre, Gladson Cameli.
- The conflict was resolved through mediation from the Prosecutor General of the Republic, Augusto Aras, after the case had circulated in the courts with no resolution for 20 years.
- The indigenous people only agreed with the negotiation because it included an official apology and a recognition of their "enormous importance as guardians" of the Amazon.
Celebration of the Ashaninka people in the Kampa of the Amônia River Indigenous Reserve, by the Peruvian border. Arison Jardim / The Ashaninka of the Amônia River Association
Far from the Brazil nut trees that shape the landscape of the Kampa do Rio Amônia Indigenous Reserve in the western tip of the state of Acre, the Ashaninka people realized their most important victory since the federal government first recognized their territory in 1992. On April 1, 2020, the Prosecutor General of the Republic, Augusto Aras, signed an unprecedented settlement that guaranteed reparations for crimes committed almost 40 years ago. The agreement gives this indigenous community the right to compensation of R$ 14 million (nearly US$ 3 million) with an official apology from the criminal offenders.
Their crime: cutting down of thousands of mahogany, cedar and other tree species to supply the European furniture industry from 1981 to 1987. The devastation struck a quarter of the area that currently comprises the indigenous reserve. Francisco Piyãko, the Ashaninka leader, was an adolescent at the time of the logging invasion. "What matters to us is what this agreement represents for the Ashaninka cause and how it can have repercussions in affirming the rights and values of the indigenous peoples in a broader sense," explained Piyãko to Mongabay.
A Two-Decade Dispute
The Amônia River in the state of Acre. It crosses the indigenous reservation named for it, which is home to the Ashaninka in Brazil. Diego Gurgel / Government of Acre
The settlement marks the end of a legal dispute that started in 1996, when the Federal Public Ministry (MPF) brought a Public Civil Action against lumber companies owned by the powerful Cameli family. The same family as the current governor of Acre, Gladson Cameli, and his uncle, Orleir Cameli, who was also governor from 1994 to 1998.
The Ashaninka prevailed in their initial court case, in appeals courts and also in the Superior Court of Justice (the highest appellate court in Brazil for non-constitutional questions). But as soon the case reached the federal Supreme Court in 2011, it stalled.
At an impasse, an extrajudicial settlement was imposed, but it took a year of regular negotiations until both sides accepted the terms of the agreement. "It was a great challenge for everyone, because the negotiation involved large sums and constitutional questions. It required a lot of study, partners and various public authorities to analyze each detail," observes Antônio Rodrigo, attorney for the Ashaninka.
"This is the first time in the history of Brazilian law that something like this happened. I'm so proud. It was hard, but wonderful," he summarizes.
According to a notification posted on the Federal Public Ministry's website, which qualified the result of the negotiation as "historic," Augusto Aras celebrated the enforcement of the constitution, "appreciating that the indigenous people have the guaranteed right to a decent life, to choose their own destiny and take part in political decisions."
"With this agreement, there is a feeling that we are building a new moment of peace, harmony and, above all, understanding that wounds exist to be healed, not perpetuated," Aras concludes.
One of the defendants in the case, Abrahão Cândido da Silva, was excluded from the settlement and still faces charges for the deforestation and invasion of the indigenous land. The case is on the federal Supreme Court docket for April. In this case, the Supreme Court ministers will decide not only whether to convict the remaining defendant, but also if there is a statute of limitations for claiming compensation for an environmental crime.
The federal Public Ministry maintains that this environmental damage is indefeasible, meaning it cannot be overturned, as it falls under the "right to life," and that determining a statute of limitations would deny future generations the right to fight for a healthy environment. That thesis was accepted by the Superior Court of Justice, and the Supreme Court review of their decision will take on a status of general repercussion — or, in other words, the ruling will apply to all cases from this point on.
"This definition will affect hundreds of thousands of cases. To give three recent examples of massive environmental crimes that took place in Brazil: we have Mariana, Brumadinho and, last year, the oil spill in Brazilian waters," asserts the attorney Rodrigo.
Acknowledgement of Guilt Was Decisive
Francico Piyãko in a celebration of the Ashaninka people. Arison Jardim / The Ashaninka of the Amônia River Associatio
The R$ 14 million will be paid to the indigenous people in installments over a period of five years. The ultimate beneficiaries of the compensation will be decided annually at an Ashaninka assembly, but it is required to be applied to projects "in defense of the community itself, the Amazon, the indigenous peoples and the peoples of the forest."
"Our resources will go to maintaining and bringing back our values. We are calling for this region to be increasingly respected and valued, for its products to be placed on the market with added value, which will, in turn, serve to guarantee sustainability. This is what are going to do: we are not going to stop," promises Francisco Piyãko, whose father, Antônio Piyãko, was the man responsible for reporting the invasion to the world through an open letter published in 1991.
On top of the damages paid to the Ashaninka, the logging companies will also have to pay R$6 million (US$1.2 million) to the Human Rights Defense Fund as compensation for the harm caused to society as a whole.
Still, for the Ashaninka, the high point of the settlement with the logging companies was the official apology, contained in the agreement signed by all parties.
"In the face of all the facts narrated and discussed at length for years in the Courts, (the logging companies) formally extend an official apology to the Ashaninka Community of the Amônia River for all the ills caused, respectfully recognizing the enormous importance of the Ashaninka people as guardians of the forest, dutiful in the preservation of the environment and in the conservation and dissemination of their customs and culture," the settlement states.
"If there had been no acknowledgement of guilt, the indigenous people would not have taken the deal," asserts Rodrigo, attorney for the Ashaninka.
According to Piyãko, this moral reparation transcends the financial settlement, symbolizing a victory for all the traditional peoples of Brazil and the world for the usurpation of their lands and traditional ways of life.
"Many indigenous communities have to see themselves in this acknowledgement, because there are things that cannot be paid in money," comments the Ashaninka leader. "Our intention is for this official apology to be the recognition of an error committed and (a promise) that, from this point on, it will be repeated no longer. And let it serve as a reference for other companies, because some laws and rights must be regarded and respected."
Reposted with permission from Mongabay.
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By Shelly Miller
The vast majority of SARS-CoV-2 transmission occurs indoors, most of it from the inhalation of airborne particles that contain the coronavirus. The best way to prevent the virus from spreading in a home or business would be to simply keep infected people away. But this is hard to do when an estimated 40% of cases are asymptomatic and asymptomatic people can still spread the coronavirus to others.
It’s All About Fresh, Outside Air<p>The safest indoor space is one that constantly has lots of <a href="https://www.epa.gov/indoor-air-quality-iaq/how-does-outdoor-air-enter-building" target="_blank">outside air</a> replacing the stale air inside.</p><p>In commercial buildings, <a href="https://www.ncbi.nlm.nih.gov/books/NBK143277/" target="_blank">outside air is usually pumped in</a> through heating, ventilating and air-conditioning (HVAC) systems. In <a href="https://www.epa.gov/indoor-air-quality-iaq/how-does-outdoor-air-enter-building" target="_blank">homes, outside air gets in</a> through open windows and doors, in addition to seeping in through various nooks and crannies.</p><p>Simply put, the more fresh, outside air inside a building, the better. Bringing in this air dilutes any contaminant in a building, whether a virus or a something else, and <a href="https://doi.org/10.1111/j.1600-0668.2010.00703.x" target="_blank">reduces the exposure of anyone inside</a>. Environmental engineers like me quantify how much outside air is getting into a building using a measure called the <a href="https://doi.org/10.1038/jes.2013.30" target="_blank">air exchange rate</a>. This number quantifies the number of times the air inside a building gets replaced with air from outside in an hour.</p><p>While the exact rate depends on the number of people and size of the room, most experts consider roughly <a href="https://doi.org/10.1034/j.1600-0668.2002.01145.x" target="_blank">six air changes an hour</a> to be good for a 10-foot-by-10-foot room with three to four people in it. In a pandemic this should be higher, with one study from 2016 suggesting that an exchange rate of nine times per hour <a href="https://doi.org/10.1177%2F1420326X16631596" target="_blank">reduced the spread of SARS, MERS and H1N1</a> in a Hong Kong hospital.</p><p>Many buildings in the U.S., <a href="https://doi.org/10.1111/ina.12403" target="_blank">especially schools</a>, do not meet recommended ventilation rates. Thankfully, it can be pretty easy to get more outside air into a building. Keeping <a href="https://doi.org/10.1016/S0960-1481(99)00012-9" target="_blank">windows and doors open</a> is a good start. Putting a box fan in a window blowing out can greatly increase air exchange too. In buildings that don't have operable windows, you can change the mechanical ventilation system to increase how much air it is pumping. But in any room, the more people inside, the faster the air should be replaced.</p>
Using CO2 to Measure Air Circulation<p>So how do you know if the room you're in has enough air exchange? It's actually a pretty hard number to calculate. But there's an easy-to-measure proxy that can help. Every time you exhale, you <a href="https://doi.org/10.1111/ina.12383" target="_blank">release CO2</a> into the air. Since the coronavirus is most often spread by breathing, coughing or talking, you can use <a href="https://pdfs.semanticscholar.org/dd7e/b2870c38f70e5285e5118ed6f158c091f7cf.pdf" target="_blank">CO2 levels</a> to see if the room is filling up with potentially infectious exhalations. The CO2 level lets you estimate if enough fresh outside air is getting in.</p><p>Outdoors, CO2 levels are just above 400 parts per million (ppm). A well ventilated room will have around <a href="https://doi.org/10.1111/j.1600-0668.1999.00003.x" target="_blank">800 ppm of CO2</a>. Any higher than that and it is a sign the room might need more ventilation.</p><p>Last year, researchers in Taiwan reported on the <a href="https://doi.org/10.1111/ina.12639" target="_blank">effect of ventilation on a tuberculosis outbreak</a> at Taipei University. Many of the rooms in the school were underventilated and had CO2 levels above 3,000 ppm. When engineers improved air circulation and got CO2 levels under 600 ppm, <a href="https://doi.org/10.1111/ina.12639" target="_blank">the outbreak completely stopped</a>. According to the research, the increase in ventilation was responsible for 97% of the decrease in transmission.</p><p>Since the coronavirus is spread through the air, higher CO2 levels in a room likely mean there is a <a href="https://doi.org/10.1111/ina.12639" target="_blank">higher chance of transmission</a> if an infected person is inside. Based on the study above, I recommend trying to keep the CO2 levels below 600 ppm. You can buy <a href="https://doi.org/10.5194/amt-7-3325-2014" target="_blank">good CO2 meters</a> for around $100 online; just make sure that they are accurate to within 50 ppm.</p>
Air Cleaners<p>If you are in a room that can't get enough outside air for dilution, consider an air cleaner, also commonly called air purifiers. These machines remove particles from the air, usually using <a href="https://doi.org/10.1016/j.cap.2005.07.013" target="_blank">a filter</a> made of tightly woven fibers. They can <a href="https://shellym80304.files.wordpress.com/2020/06/miller-leiden-et-al-1996.pdf" target="_blank">capture particles containing bacteria and viruses</a> and can help reduce disease transmission.</p><p>The U.S. Environmental Protection Agency says that <a href="https://www.epa.gov/coronavirus/air-cleaners-hvac-filters-and-coronavirus-covid-19" target="_blank">air cleaners can do this for the coronavirus</a>, but not all air cleaners are equal. Before you go out and buy one, there are few things to keep in mind.</p><p>The first thing to consider is <a href="https://shellym80304.files.wordpress.com/2020/06/air-cleaner-report.pdf" target="_blank">how effective an air cleaner's filter is</a>. Your best option is a cleaner that uses a high-efficiency particulate air (<a href="https://doi.org/10.1016/S0021-8502(05)80214-9" target="_blank">HEPA</a>) filter, as these remove more than <a href="https://doi.org/10.1063/1.2771421" target="_blank">99.97% of all particle sizes</a>.</p><p>The second thing to consider is how powerful the cleaner is. The bigger the room – or the more people in it – the more air needs to be cleaned. I worked with some colleagues at Harvard to put together a tool to help teachers and schools determine <a href="https://docs.google.com/spreadsheets/d/1NEhk1IEdbEi_b3wa6gI_zNs8uBJjlSS-86d4b7bW098/edit#gid=1275403500" target="_blank">how powerful of an air cleaner you need for different classroom sizes</a>.</p><p>The last thing to consider is the validity of the claims made by the company producing the air cleaner.</p><p>The Association of Home Appliance Manufacturers certifies air cleaners, so the AHAM Verifide seal is a good place to start. Additionally, the California Air Resources Board has a <a href="https://ww2.arb.ca.gov/our-work/programs/air-cleaners-ozone-products/california-certified-air-cleaning-devices" target="_blank">list of air cleaners</a> that are certified as safe and effective, though not all of them use HEPA filters.</p>
Keep Air Fresh or Get Outside<p>Both the <a href="https://www.who.int/news-room/commentaries/detail/transmission-of-sars-cov-2-implications-for-infection-prevention-precautions" target="_blank">World Health Organization</a> and <a href="https://www.cdc.gov/coronavirus/2019-ncov/daily-life-coping/deciding-to-go-out.html" target="_blank">U.S. Centers for Disease Control and Prevention</a> say that poor ventilation increases the risk of transmitting the coronavirus.</p><p>If you are in control of your indoor environment, make sure you are getting enough fresh air from outside circulating into the building. A CO2 monitor can help give you a clue if there is enough ventilation, and if CO2 levels start going up, open some windows and <a href="https://www.advisory.com/daily-briefing/2020/07/17/outdoor-gathering" target="_blank">take a break outside</a>. If you can't get enough fresh air into a room, an air cleaner might be a good idea. If you do get an air cleaner, be aware that they don't remove CO2, so even though the air might be safer, CO2 levels could still be high in the room.</p><p>If you walk into a building and it feels hot, stuffy and crowded, chances are that there is not enough ventilation. Turn around and leave.</p><p>By paying attention to air circulation and filtration, improving them where you can and staying away from places where you can't, you can add another powerful tool to your anti-coronavirus toolkit.</p>
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The tiny island nation of Mauritius, known for its turquoise waters, vibrant corals and diverse ecosystem, is in the midst of an environmental catastrophe after a Japanese cargo ship struck a reef off the country's coast two weeks ago. That ship, which is still intact, has since leaked more than 1,000 metric tons of oil into the Indian Ocean. Now, a greater threat looms, as a growing crack in the ship's hull might cause the ship to split in two and release the rest of the ship's oil into the water, NPR reported.
On Friday, Prime Minister Pravind Jugnauth declared a state of environmental emergency.
France has sent a military aircraft carrying pollution control equipment from the nearby island of Reunion to help mitigate the disaster. Additionally, Japan has sent a six-member team to assist as well, the BBC reported.
The teams are working to pump out the remaining oil from the ship, which was believed to be carrying 4,000 metric tons of fuel.
"We are expecting the worst," Mauritian Wildlife Foundation manager Jean Hugues Gardenne said on Monday, The Weather Channel reported. "The ship is showing really big, big cracks. We believe it will break into two at any time, at the maximum within two days. So much oil remains in the ship, so the disaster could become much worse. It's important to remove as much oil as possible. Helicopters are taking out the fuel little by little, ton by ton."
Sunil Dowarkasing, a former strategist for Greenpeace International and former member of parliament in Mauritius, told CNN that the ship contains three oil tanks. The one that ruptured has stopped leaking oil, giving disaster crews time to use a tanker and salvage teams to remove oil from the other two tanks before the ship splits.
By the end of Tuesday, the crew had removed over 1,000 metric tons of oil from the ship, NPR reported, leaving about 1,800 metric tons of oil and diesel, according to the company that owns the ship. So far the frantic efforts are paying off. Earlier today, a local police chief told BBC that there were still 700 metric tons aboard the ship.
The oil spill has already killed marine animals and turned the turquoise water black. It's also threatening the long-term viability of the country's coral reefs, lagoons and shoreline, NBC News reported.
"We are starting to see dead fish. We are starting to see animals like crabs covered in oil, we are starting to see seabirds covered in oil, including some which could not be rescued," said Vikash Tatayah, conservation director at Mauritius Wildlife Foundation, according to The Weather Channel.
While the Mauritian authorities have asked residents to leave the clean-up to officials, locals have organized to help.
"People have realized that they need to take things into their hands. We are here to protect our fauna and flora," environmental activist Ashok Subron said in an AFP story.
Reuters reported that sugar cane leaves, plastic bottles and human hair donated by locals are being sewn into makeshift booms.
Human hair absorbs oil, but not water, so scientists have long suggested it as a material to contain oil spills, Gizmodo reported. Mauritians are currently collecting as much human hair as possible to contribute to the booms, which consist of tubes and nets that float on the water to trap the oil.
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Environmentalists and ornithologists found a friend in a federal court on Tuesday when a judge struck down a Trump administration attempt to allow polluters to kill birds without repercussions through rewriting the Migratory Treaty Bird Act (MBTA).
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By Elizabeth Claire Alberts
There are trillions of microplastics in the ocean — they bob on the surface, float through the water column, and accumulate in clusters on the seafloor. With plastic being so ubiquitous, it's inevitable that marine organisms, such as sharks, will ingest them.
Polyproylene fibers found in one of the sampled sharks. Kristian Parton
Spiny dogfish. NOAA / Wikimedia Commons<p>"There appear to be two routes for these particles to end up in the sharks," Parton said. "The first through their food source [such as] crustaceans. Their prey may already contain these fibers, and consequently it's passed to the shark through bioaccumulation up the food chain. The second pathway is direct ingestion from the sediment. As these sharks feed, they'll often suck up sediment into their mouths, some of this is expelled straight away, although some is swallowed, therefore fibers and particles that may have sunk down into the seabed may be directly ingested from the surrounding sediment as these sharks feed."</p><p>Some sharks only contained a few plastic particles, but others contained dozens. The larger the shark, the more plastic was in it, the findings suggested. The highest number of microplastics was found in an individual bull huss, which had 154 polypropylene fibers inside its stomach and intestines.</p><p>"It's perhaps likely this individual shark had swallowed a larger piece of fishing rope/netting and this has broken down during digestive processes within the shark, and also broken down into smaller pieces during our analysis," Parton said.</p>
Lesser-spotted dogfish caught as bycatch. Kristian Parton<p>While this study only examined the stomach and digestive tracts of demersal sharks, Parton says it's possible that plastic would be present in other parts of the sharks' bodies, such as the liver and muscle tissue. However, more research would be needed to prove this.</p><p>At the moment, there is also limited understanding of how microplastic ingestion would impact a shark's health, although microplastics are known to negatively influence feeding behavior, development, reproduction and life span of zooplankton and crustaceans.</p><p>"If we can show that these fibers contain inorganic pollutants attached to them, then that could have real consequences for these shark species at a cellular level, impacting various internal body systems," Parton said.</p>
Parton in the lab. Kristian Parton<p>This new study demonstrates how pervasive and destructive plastic pollution can be in the marine environment, according to Will McCallum, head of oceans for Greenpeace U.K.</p><p>"Our addiction to plastics combined with the lack of mechanisms to protect our oceans is suffocating marine life," McCallum said in a statement. "Sharks sit on top of the marine food web and play a vital role in ocean ecosystems. Yet, they are completely exposed to pollutants and other human impactful activities. We need to stop producing so much plastic and create a network of ocean sanctuaries to give wildlife space to recover. The ocean is not our dump, marine life deserves better than plastic."</p>
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By Loveday Wright and Stuart Braun
After a Japanese-owned oil tanker struck a reef off Mauritius on July 25, a prolonged period of inaction is threatening to become an ecological disaster.
<div id="bb0a7" class="rm-shortcode" data-rm-shortcode-id="e5aefc0fff61ab1aea2f4b03c5399864"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1291765757013983238" data-partner="rebelmouse"><div style="margin:1em 0">The #oilspill is devastating but I want to honour the community mobilisation at the Mahebourg waterfront today (to… https://t.co/UWFkZFdjdi</div> — Fabiola Monty (@Fabiola Monty)<a href="https://twitter.com/LFabiolaMonty/statuses/1291765757013983238">1596815930.0</a></blockquote></div><p>"Booms are made of nylon mesh filled with #sugarcane straws all hand-stitched by Mauritian volunteers, empty plastic bottles used as buoys," described Mauritian journalist Zeenat Hansrod in a tweet. </p>
How to Tackle Oil Spills<p>The method for tackling oil spills depends on several factors, including the type and amount of oil in question, location and weather conditions.</p><p>"Once the oil comes to shore, the more intensive the cleaning technique. You can risk causing further damage," said Nicky Cariglia, an independent consultant at Marittima, who specializes in marine pollution. </p><p>"If you wanted to remove all traces of oil, the techniques available become increasingly aggressive the less oil that remains. In mangroves, you would have the added risk of causing damage by trampling," Cariglia told DW. Highly sensitive mangrove ecosystems line the Mauritius east coast that is threatened by the current spill.</p><p>Because oil normally has a lower density than water, it floats on the surface of the ocean. This means that for clean-up action to be most effective, it should happen very quickly after a spill, before the oil disperses. </p>
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