$3 Million and an Official Apology: Brazil’s Ashaninka Get Unprecedented Compensation for Deforestation on Their Land
By Naira Hofmeister, Translated by Matt Rinaldi
- An unprecedented court settlement guaranteed reparations to the Ashaninka people of the state of Acre, in the Brazilian Amazon, whose lands were deforested in the 1980s to supply the European furniture industry. The logging company penalized was owned by the family of the current governor of Acre, Gladson Cameli.
- The conflict was resolved through mediation from the Prosecutor General of the Republic, Augusto Aras, after the case had circulated in the courts with no resolution for 20 years.
- The indigenous people only agreed with the negotiation because it included an official apology and a recognition of their "enormous importance as guardians" of the Amazon.
Far from the Brazil nut trees that shape the landscape of the Kampa do Rio Amônia Indigenous Reserve in the western tip of the state of Acre, the Ashaninka people realized their most important victory since the federal government first recognized their territory in 1992. On April 1, 2020, the Prosecutor General of the Republic, Augusto Aras, signed an unprecedented settlement that guaranteed reparations for crimes committed almost 40 years ago. The agreement gives this indigenous community the right to compensation of R$ 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.
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
A Two-Decade Dispute
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.
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
Acknowledgement of Guilt Was Decisive
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."
Francico Piyãko in a celebration of the Ashaninka people. Arison Jardim / The Ashaninka of the Amônia River Associatio
Reposted with permission from Mongabay.
A new report promoting urgent climate action in Australia has stirred debate for claiming that global temperatures will rise past 1.5 degrees Celsius in the next decade.
Australia's Climate Council released the report on Thursday. The council is an independent organization of climate scientists and experts on health, renewable energy and policy who work to inform the Australian public on the climate crisis. But their latest claim is causing controversy.
"Multiple lines of evidence show that limiting global warming to 1.5°C above the preindustrial level, without significant overshoot and subsequent drawdown, is now out of reach due to past inaction," Dr. Kevin Trenberth of the National Center for Atmospheric Research and Prof. Christopher Field of the Stanford Woods Institute for the Environment wrote in the foreword. "The science is telling us that global average temperature rise will likely exceed 1.5°C during the 2030s, and that long-term stabilization at warming at or below 1.5°C will be extremely challenging."
The report is titled "Aim high, go fast: Why emissions need to plummet this decade," and as the name suggests, it is ultimately concerned with urging more robust climate action on the part of the Australian government. The report calls for the country to reduce emissions by 75 percent by 2030 and reach net zero by 2035 in order to achieve the long-term goals of the Paris agreement, which means limiting warming to well below two degrees Celsius.
"The world achieving net zero by 2050 is at least a decade too late and carries a strong risk of irreversible global climate disruption at levels inconsistent with maintaining well-functioning human societies," the authors wrote.
The report further argues that global temperatures are likely to exceed 1.5 degrees Celsius in the 2030s based on existing temperature increases; locked-in warming from emissions that have already occurred; evidence from past climate changes and the percentage of the carbon budget that has already been used.
The report isn't a call to give up on the Paris agreement. It is possible that global temperatures could swell past 1.5 degrees Celsius but still be reduced by removing carbon dioxide from the atmosphere. Even if temperatures do exceed 1.5 degrees, every degree of warming that can be prevented makes a difference.
"Basically we can still hold temperature rise to well below 2C and do that without overshoot and drawdown," Will Steffen, lead report author from the Australian National University's Climate Change Institute, told Australia's ABC News. "Every tenth of a degree actually does matter — 1.8C is better than 1.9C, and is much better than 2C."
However, some outside scientists question both the accuracy and effectiveness of the report's claim. Both Adjunct Professor Bill Hare from Murdoch University and Dr. Carl-Freidrich Schleussner from Humboldt University told ABC News they have been trying to contact the Climate Council about its 1.5 overshoot claim for months. They said that it went against other major reports, including the UN Environment Program Gap Report and the recent Intergovernmental Panel on Climate Change Special Report on 1.5˚C.
"The big challenge their report reinforces is the need for urgent action to get on that 1.5C pathway, [so] it's very paradoxical to me that they've chosen to attack that target," Dr. Hare told ABC News.
However, Scientist Andy Pitman from the Center of Excellence for Climate Extremes at the University of New South Wales told The Guardian that the report's assessment was correct.
"It's simply not possible to limit warming to 1.5C now," he said. "There's too much inertia in the system and even if you stopped greenhouse gas emissions today, you would still reach 1.5C [of heating]."
However, one aspect everyone agreed on involved the importance of lowering emissions as soon as possible.
"[There is] absolute fundamental agreement on the task at hand, which is to get emissions to plummet," Simon Bradshaw, report author and Climate Council head of research, told The Guardian.
French winemakers are facing devastating grape loss from the worst frost in decades, preceded by unusually warm temperatures, highlighting the dangers to the sector posed by climate change.
"An important share of the harvest has been lost. It's too early to give a percentage estimate, but in any case it's a tragedy for the winegrowers who have been hit," said Christophe Chateau, director of communications at the Bordeaux Wine Council, told CNN.
Climate change, caused by the extraction and combustion of fossil fuels, has pushed winegrowing seasons earlier, putting crops at higher risk of cold — and wildfires supercharged by climate change also threaten American vignerons and farmworkers as well.
"I think it's good for people to understand that this is nature, climate change is real, and to be conscious of the effort that goes into making wine and the heartbreak that is the loss of a crop," Jeremy Seysses of Domaine Dujac in Burgundy's Côte de Nuits told Wine Enthusiast.
As reported by Wine Enthusiast:
Last week, images of candlelit French vineyards flooded social media. Across the country, winemakers installed bougies, or large wax-filled metal pots, among the vines to prevent cold air from settling in during an especially late frost.
With temperatures in early April as low as 22°F, and following an unseasonably warm March, this year's frost damage may be the worst in history for French winegrowers. Every corner of France reports considerable losses, from Champagne to Provence, and Côtes de Gascogne to Alsace. As a result, there will likely be very little French wine from the 2021 vintage reaching U.S. shores.
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Climate change could make it harder to find a good cup of coffee, new research finds. A changing climate might shrink suitable areas for specialty coffee production without adaptation, making coffee taste blander and impacting the livelihoods of small farms in the Global South.
Published in Scientific Reports on Wednesday, the study focused on regions in Ethiopia, Africa's largest coffee-producing nation. Although studies have previously documented the impact of climate change on coffee production, what's less understood is how varying climates could change the flavors of specialty coffee, the researchers wrote.
The team aimed to fill this gap. Their results provide a glimpse into how future climate change could impact local regions and economies that rely on coffee cultivation, underscoring the value of local adaptation measures.
Researchers analyzed how 19 different climate factors, such as mean temperatures and rainfall levels, would affect the cultivation of five distinct specialty coffee types in the future, the Potsdam Institute for Climate Impact Research (PIK) reported. Although researchers found that areas suitable for growing "average quality coffee" may actually increase over time with climate change, regions where specialty coffee is grown will shrink — a pending problem in light of the global demand for high-quality coffee.
"This is an issue not just for coffee lovers, but for local agricultural value creation," Abel Chemura, the study's lead author, told the PIK.
Coffee profiles rely on specific climate patterns for their unique flavors, levels of acidity and fragrances. But in a warmer climate, the coffee cherry — the fruit picked from a coffee plant — matures faster than the bean inside, making for a lower quality cup of coffee, the PIK reported.
For example, the sought-after Yirgacheffe variety of coffee, which is cultivated in southwestern Ethiopia, could lose more than 40 percent of its suitable growth area by the end of the century, PIK reported. This could impact small farms and threaten Ethiopia's economy, the researchers noted.
"If one or more coffee regions lose their specialty status due to climate change this has potentially grave ramifications for the smallholder farmers in the region," Christoph Gornott, co-author of the study, told the PIK. "If they were forced to switch to growing conventional, less palatable and bitter coffee types, they would all of the sudden compete with industrial production systems elsewhere that are more efficient." In a country where coffee exports account for nearly a third of all agricultural exports, "this could prove fatal," Gornott added.
Climate change impacts on coffee production are not unique to Ethiopia. In Columbia's mountainous coffee-growing regions, temperatures are warming by 0.5 degrees Fahrenheit every decade, according to Yale Environment 360. Extreme levels of precipitation, which are becoming more common, also impact production, as they spread insect and fungal diseases.
"In earlier times, the climate was perfect for coffee," one small farmer in Columbia told Yale Environment 360. "In the period of flowering, there was summer. During harvest, there was winter. But from 2008 onward, this changed and we now don't know when it will be summer, when the coffee will blossom."
But researchers say there are glimmers of hope, emphasizing the importance of local adaptation measures that are designed for particular climates and communities. For example, in regions where temperature is an important factor for specialty coffee cultivation, the researchers suggest improved agroforestry systems that could maintain canopy temperatures, a promising step toward sustaining the "availability and taste of one of the world's most beloved beverages and, more importantly, on economic opportunities in local communities of the Global South," Gornott concluded.
By Suzanne Cords
One day Lizzie, the first-person narrator of the novel, receives an old book as a gift, with a dedication wishing the reader to be among the survivors. Like the preppers who build bunkers and stockpile supplies in remote areas to be ready for the end of the world, Lizzie is convinced that the end of the world is definitely near in times of a threatening climate disaster.
Lizzie, who lives in New York with her husband and son, is a university campus librarian. She worries about almost everything: her brother, an ex-junkie, or her dental insurance and the future in the face of the apocalypse. She is obsessed with reading reference books and articles about climate change.
She also devours words of wisdom, including about Buddhist spirituality: "A visitor once asked the old monks on Mount Athos what they did all day, and was told: We have died and we are in love with everything." But nothing can lift her spirits.
'Lizzie Is Just Like Us'
Lizzie observes rich New Yorkers plan their move to regions that are less threatened by climate change, something she simply cannot afford. Sometimes she watches disaster movies, which lead her to worry even more.
Above all, she is a gifted observer of her fellow human beings. "Young person worry: What if nothing I do matters? Old person worry: What if everything I do, does?"
Lizzie, the U.S. author told DW, is a bit like the rest of us — well aware of the climate crisis, but because she cares and worries about so many other things, that awareness falls by the wayside. That's how she felt herself, Jenny Offill said, but the more she looked into the issue, the more she saw a need for action on her part, too.
"I also was trying to see if there was a way to make it funny, because, you know, so much of the world of prepping and imagining disaster is actually sort of strangely funny."
The novel was shortlisted for the 2020 UK's Women's Prize for Fiction and has now been released in German translation.
Climate Activist With a Vision
But then, there is also this serious, scientifically based concern about what climate change means. In the past, says Offill, artists were the ones who would predict disasters; today it's the experts, as well as the students she teaches. In the end, their fears and their justified anger motivated her to take a closer look at the issue. Today, she is a climate activist herself, and is involved in initiatives along with many other artists.
Lizzie, the heroine of Weather, hasn't gotten that far. But she voices her fears, and that's a start. "Of course, the world continues to end," says Sylvia, a mentor of Lizzie's, at one point — and commences to water her garden. There is hope after all.
Reposted with permission from Deutsche Welle.
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By Jake Johnson
A federal appeals court on Tuesday dealt the final blow to former President Donald Trump's attempt to open nearly 130 million acres of territory in the Arctic and Atlantic Oceans to oil and gas drilling.
Though the Trump administration appealed the ruling, President Joe Biden revoked his predecessor's 2017 order shortly after taking office, rendering the court case moot. On Tuesday, the Ninth Circuit Court of Appeals agreed to dismiss the Trump administration's appeal.
"Because the terms of the challenged Executive Order are no longer in effect, the relevant areas of the [Outer Continental Shelf] in the Chukchi Sea, Beaufort Sea, and Atlantic Ocean will be withdrawn from exploration and development activities," the court said in its order.
Erik Grafe of Earthjustice, which represented a coalition of advocacy groups that challenged Trump's order, said in a statement that "we welcome today's decision and its confirmation of President Obama's legacy of ocean and climate protection."
"As the Biden administration considers its next steps, it should build on these foundations, end fossil fuel leasing on public lands and waters, and embrace a clean energy future that does not come at the expense of wildlife and our natural heritage," Grafe continued. "One obvious place for immediate action is America's Arctic, including the Arctic Refuge and the Western Arctic, which the previous administration sought to relegate to oil development in a series of last-minute decisions that violate bedrock environmental laws."
VICTORY: 9th Circuit ends fight over President Trump's illegal attempt to open up 128 million acres of Atlantic & A… https://t.co/TvYVt2F1jO— Earthjustice (@Earthjustice)1618347073.0
In January, Biden ordered a temporary pause on new oil and gas leasing on federal lands and waters, a decision environmentalists hailed as a positive step that should be made permanent.
"We call on President Biden to keep his promise: a full and complete ban on fracking and fossil fuel extraction on public lands. Full stop," Food & Water Watch policy director Mitch Jones said at the time. "The climate crisis requires it and he promised it."
Reposted with permission from Common Dreams.
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