By John Letzing
This past Wednesday, when some previously hard-hit countries were able to register daily COVID-19 infections in the single digits, the Navajo Nation – a 71,000 square-kilometer (27,000-square-mile) expanse of the western US – reported 54 new cases of what's referred to locally as "Dikos Ntsaaígíí-19."
The Navajo Nation covers the corners of three different states. Google Maps
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By Lindsey Schneider, Joshua Sbicca and Stephanie Malin
The SARS-CoV-2 virus is novel, but pandemic threats to indigenous peoples are anything but new. Diseases like measles, smallpox and the Spanish flu have decimated Native American communities ever since the arrival of the first European colonizers.
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History Reverberates on Native Lands<p>Native communities in North America have been disrupted and displaced for centuries. Many face long-standing food and water <a href="http://www.nativepartnership.org/site/DocServer/2017-PWNA-NPRA-Food-Insecurity-Project-Grow.pdf?docID=7106" target="_blank">inequities</a> that are further complicated by this pandemic.</p><p>On the Navajo reservation, which covers more than 27,000 square miles in Arizona, Utah and New Mexico, 76% of households already <a href="https://www.researchgate.net/publication/235390130_High_levels_of_household_food_insecurity_on_the_Navajo_Nation" target="_blank">have trouble affording enough healthy food</a>, and the nearest grocery store is often hours away. COVID-related restrictions have further curtailed access to food supplies.</p><p>Clean water for basic sanitary measures like hand-washing is also scarce. Native Americans are <a href="http://uswateralliance.org/sites/uswateralliance.org/files/Closing%20the%20Water%20Access%20Gap%20in%20the%20United%20States_DIGITAL.pdf" target="_blank">19 times more likely</a> to lack indoor plumbing than whites in the U.S. Nearly one-third of Navajo households <a href="https://www.nbcnews.com/news/us-news/coronavirus-hits-indian-country-hard-exposing-infrastructure-disparities-n1186976" target="_blank">lack access to running water</a>.</p><p>Many <a href="https://www.cdc.gov/mmwr/volumes/69/wr/mm6915e3.htm" target="_blank">health issues</a> that can increase COVID-19 mortality rates occur at high levels among Native Americans. These <a href="http://www.ncai.org/news/articles/2020/03/18/the-national-congress-of-american-indians-calls-for-more-attention-to-covid-19-impacts-to-indian-country" target="_blank">underlying</a> and <a href="https://doi.org/10.1016/S0140-6736(20)30893-X" target="_blank">preexisting</a> conditions – things like hypertension, diabetes, obesity and cardiovascular disease – are <a href="https://www.cdc.gov/mmwr/volumes/69/wr/mm6913e2.htm" target="_blank">linked to diet</a> and stem from <a href="https://www.oupress.com/books/15107980/indigenous-food-sovereignty-in-the-united-sta" target="_blank">disruption and replacement</a> of Indigenous food systems.</p>
High Exposure Rates<p>These factors have clear health impacts. On the Navajo reservation, for instance, through May 27, 2020, <a href="https://www.navajo-nsn.gov/News%20Releases/OPVP/2020/May/FOR%20IMMEDIATE%20RELEASE%20-%201620%20recoveries_102%20new%20cases%20of%20COVID-19_and%20one%20more%20death%20reported.pdf" target="_blank">4,944 people</a> out of a population of 173,000 had tested positive for COVID-19, and 159 had died.</p><p>This infection rate per capita exceeds those in hot spots such as <a href="https://www.forbes.com/sites/alexandrasternlicht/2020/05/19/navajo-nation-has-most-coronavirus-infections-per-capita-in-us-beating-new-york-new-jersey/#11a4fac08b10" target="_blank">New York and New Jersey</a>. Importantly, however, it may also reflect a much <a href="https://www.sltrib.com/news/2020/04/19/navajo-nation-has-higher/" target="_blank">more proactive approach to testing</a> on reservations than in many other jurisdictions.</p><p>The fact that elderly people are especially vulnerable to COVID-19 could worsen the pandemic's effects in Indian Country. Elders are the <a href="https://ais.washington.edu/research/publications/spirits-our-whaling-ancestors" target="_blank">keepers of traditional knowledge, tribal languages and culture</a> – legacies whose loss already threatens the persistence of indigenous communities.</p><p>Elders also play key roles in preserving traditional plant and medicine knowledge. In the absence of COVID-19 interventions from Western medicine, many elders have been called on to perform healing practices, which increases their exposure risk.</p>
Little Help From Federal and State Governments<p>Many tribal members rely on the federal government's <a href="https://www.ihs.gov/" target="_blank">Indian Health Service</a> for health care. But <a href="https://theconversation.com/tribal-leaders-face-great-need-and-dont-have-enough-resources-to-respond-to-the-coronavirus-pandemic-134372" target="_blank">lack of capacity</a> at the agency has hampered its response. Budget shortfalls, <a href="https://indiancountrytoday.com/news/report-grossly-inaccurate-data-used-to-divvy-up-relief-funds-for-tribes-9qkkHmeXj0uhRC42mXYqCA" target="_blank">inaccurate data</a>, the challenges of providing <a href="https://indiancountrytoday.com/news/coronavirus-risk-is-compounded-by-the-rural-DC-rMTUzzE6WDGee8jbENQ" target="_blank">rural health care</a> and ongoing personnel shortages in IHS clinics are compounded by staff being <a href="https://navajotimes.com/reznews/dikos-ntsaaigii-doodaa-nation-musters-defense-against-covid-19/" target="_blank">pulled away</a> to fight the virus in large cities.</p><p>And while many states have raised frustrations with the Trump administration's unwillingness to distribute protective supplies from the <a href="https://www.vox.com/recode/2020/4/3/21206170/us-emergency-stockpile-jared-kushner-almost-empty-coronavirus-medical-supplies-ventilators" target="_blank">dwindling national stockpile</a>, IHS and tribal health care authorities <a href="https://www.azpm.org/p/home-articles-news/2020/3/17/167874-bill-calls-for-more-tribal-community-access-to-federal-stockpile-of-medical-supplies/" target="_blank">never had access</a> to the stockpile at all.</p><p>Although the federal government has begun <a href="https://www.hhs.gov/about/news/2020/05/22/hhs-announces-500-million-distribution-to-tribal-hospitals-clinics-and-urban-health-centers.html" target="_blank">distributing relief funds</a> to IHS agencies, there have been serious problems with the accompanying supplies. The Navajo Nation has received <a href="https://www.indianz.com/News/2020/05/22/propublica-former-trump-aide-provided-fa.asp" target="_blank">faulty masks</a>, and a Seattle Native health center asked for tests but <a href="https://www.nbcnews.com/news/us-news/native-american-health-center-asked-covid-19-supplies-they-got-n1200246" target="_blank">received body bags instead</a>.</p><p>Meanwhile, federally imposed limits on tribal sovereignty have obstructed tribal governments' efforts to deal with the pandemic themselves. Federal and state governments are <a href="https://www.seattletimes.com/seattle-news/makah-tribe-fights-coronavirus-with-self-reliance-and-extreme-isolation/" target="_blank">challenging tribes' jurisdictional authority</a> to <a href="https://www.azfamily.com/news/mayor-of-page-accused-of-racist-social-media-comment-toward-navajo-nation-president/article_e2e6efd6-8db4-11ea-a8a2-7f6976d702f6.html" target="_blank">close borders to tourists</a> who may carry the virus. South Dakota's governor has <a href="https://www.theguardian.com/us-news/2020/may/14/sioux-coronavirus-roadblocks-south-dakota-governor" target="_blank">threatened legal action</a> against two tribes who set up checkpoints to monitor incoming traffic on their reservations.</p>
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Environmental Injustices on Native Land<p>Energy development and resource extraction have had <a href="https://www.haymarketbooks.org/books/898-all-our-relations" target="_blank">disproportionate impacts</a> on tribes for many years. Today, many Native American leaders worry that ongoing energy production – <a href="https://www.ncsl.org/research/labor-and-employment/covid-19-essential-workers-in-the-states.aspx" target="_blank">an "essential" activity under federal guidelines</a> will bring outsiders into close contact with reservation communities, worsening COVID risks.</p><p>The owners of the Keystone XL oil pipeline have announced that they intend to continue construction, which will bring an influx of workers along the proposed route through Montana, South Dakota and Nebraska. The Rosebud Sioux Tribe in South Dakota and Fort Belknap Indian community in Montana have filed for a <a href="https://www.narf.org/keystone-xl/" target="_blank">temporary restraining order</a>, and a key permit for the pipeline was <a href="https://www.democracynow.org/2020/4/16/headlines/us_judge_revokes_crucial_permit_for_keystone_xl_pipeline" target="_blank">revoked in April 2020</a>, but work continues at the U.S.-Canada border.</p><p>Construction is accelerating on the <a href="https://www.azcentral.com/story/news/politics/border-issues/2020/03/17/border-patrol-waives-laws-border-wall-construction-southern-arizona/5063618002/" target="_blank">southern border wall</a>, which bisects the <a href="http://www.tonation-nsn.gov/" target="_blank">Tohono O'odham reservation</a> in Arizona and Mexico. The Trump administration has <a href="https://www.thenation.com/article/politics/border-coronavirus-military-immigration/" target="_blank">increased patrols at the border</a>, despite the tribe's concern that the patrols' presence is <a href="https://www.usatoday.com/story/news/nation/2020/04/06/coronavirus-cbp-160-cases-covid-19-officers-agents/2958736001/" target="_blank">spreading coronavirus</a> on the reservation.</p><p>And in Bristol Bay, Alaska, a salmon fishing season that brings in thousands of temporary workers is <a href="https://indiancountrytoday.com/news/it-s-hard-when-you-love-something-xlS49l2N20KZjqumwfzZfQ" target="_blank">set to open in June</a> because the federal government has also deemed commercial fishing "<a href="https://www.cisa.gov/sites/default/files/publications/CISA-Guidance-on-Essential-Critical-Infrastructure-Workers-1-20-508c.pdf" target="_blank">essential critical infrastructure</a>." Many local Native villages depend on the fishery for income, but have nonetheless pleaded with state regulators to <a href="https://indiancountrytoday.com/news/urgent-calls-to-close-the-massive-bristol-bay-fishery-8lYsGkUeDUyCBW7FMwpSfA?fbclid=IwAR1710u4rQnriq_MgH2ueQxOFtfGiGiH8I2ZdJRCZS9f28Zl-JNkPLpnzZo" target="_blank">cancel the season</a>. The regional hospital has just four beds for possible COVID-19 patients.</p>
Bold Action in Native Communities<p>Native communities are taking decisive action to reduce the spread of COVID-19. They're imposing aggressive <a href="https://www.nytimes.com/2020/04/09/us/coronavirus-navajo-nation.html" target="_blank">quarantine</a> measures like lockdowns, curfews and border closures. Communities are <a href="https://www.theguardian.com/us-news/2020/mar/18/covidcoronavirus-native-american-lummi-nation-trailblazing-steps" target="_blank">ramping up health care capacity</a> and elder support services, and banishing nontribal members who <a href="https://rapidcityjournal.com/news/local/oglala-sioux-council-banishes-non-member-with-covid-19-from-reservation/article_60b665c3-9d1b-5d48-a576-51774e4fb41a.html" target="_blank">violate travel restrictions</a>.</p><p>Other strategies include helping hunters <a href="https://indiancountrytoday.com/news/ammo-fuel-for-hunters-to-feed-others-Ki3zK6du-ky-UogoB9-aNQ" target="_blank">provide traditional foods</a> to their communities, <a href="https://ndncollective.org/indigenizing-and-decolonizing-community-care-in-response-to-covid-19/" target="_blank">mobilizing to support tribal health care workers</a>, and <a href="https://www.ehn.org/coronavirus-native-americans-2645923635.html" target="_blank">linking the pandemic and the climate crisis</a>. Looking ahead to a post-COVID future, we believe one priority should be attending to <a href="http://www.beacon.org/As-Long-as-Grass-Grows-P1445.aspx" target="_blank">front-line environmental justice struggles</a> that center tribes' sovereignty to act on their own behalf at all times, not just during national crises.</p>
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EcoWatch Daily Newsletter
By Samantha Hepburn
In the expansion of its iron ore mine in Western Pilbara, Rio Tinto blasted the Juukan Gorge 1 and 2 — Aboriginal rock shelters dating back 46,000 years. These sites had deep historical and cultural significance.
The destruction of a significant Aboriginal site is not an isolated incident. Puutu Kunti Kurrama And Pinikura Aboriginal Corporation
Not an Isolated Incident<p>The history of large developments destroying Indigenous heritage sites is, tragically, long.</p><p>A $2.1 billion light rail line in Sydney, completed last year, <a href="https://www.smh.com.au/national/nsw/this-is-a-tragic-loss-sydney-light-rail-construction-destroyed-heritage-site-20190322-p516qk.html" target="_blank">destroyed a site</a> of considerable significance.</p><p>More than 2,400 stone artifacts were unearthed in a small excavated area. It indicated Aboriginal people had used the area between 1788 and 1830 to manufacture tools and implements from flint brought over to Australia on British ships.</p><p>Similarly, <a href="https://www.theguardian.com/environment/2018/aug/27/the-rocks-remember-the-fight-to-protect-burrup-peninsulas-rock-art" target="_blank">ancient rock art</a> on the Burrup Peninsula in north-western Australia is under increasing threat from a gas project. The site contains more than one million rock carvings (petroglyphs) across 36,857 hectares.</p><p>This area is under the custodianship of Ngarluma people and four other traditional owners groups: the Mardudhunera, the Yaburara, the Yindjibarndi and the Wong-Goo-Tt-Oo.</p><p>But a <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Environment_and_Communications/BurrupPeninusla/Report" target="_blank">Senate inquiry</a> revealed emissions from adjacent industrial activity may significantly damage it.</p><p><span></span>The West Australian government is <a href="https://www.theguardian.com/artanddesign/2020/jan/29/australia-lodges-world-heritage-submission-for-50000-year-old-burrup-peninsula-rock-art" target="_blank">seeking world heritage listing</a> to try to increase protection, as the regulatory frameworks at the national and state level aren't strong enough. Let's explore why.</p>
What Do the Laws Say?<p>The recently renamed federal Department of Agriculture, Water and the Environment is responsible for listing new national heritage places, and regulating development actions in these areas.</p><p>At the federal level, the Environment Protection and Biodiversity Conservation Act 1999 (<a href="http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/epabca1999588/" target="_blank">EPBC Act</a>) provides a legal framework for their management and protection. It is an offence to impact an area that has national heritage listing.</p><p>But many ancient Aboriginal sites have no national heritage listing. For the recently destroyed Juurkan gorge, the true archaeological significance was uncovered <em>after</em> consent had been issued and there were no provisions to reverse or amend the decision once this new information was discovered.</p><p>Where a site has no national heritage listing, and federal legislation has no application, state laws apply.</p><p>For the rock shelters in the Western Pilbara, Rio Tinto was abiding by Western Australia's <a href="http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/wa/consol_act/aha1972164/" target="_blank">Aboriginal Heritage Act 1972</a> — which is now nearly 50 years old.</p>
No Consultation With Traditional Owners<p>The biggest concern with this act is there's no statutory requirement ensuring traditional owners be consulted.</p><p>This means traditional owners are left out of vital decisions regarding the management and protection of their cultural heritage. And it confers authority upon a committee that, in the words of a <a href="https://www.dplh.wa.gov.au/getmedia/11dd5b41-fcf9-4216-a1ac-06ece672c087/AH-Review-Position-Comparison-for-Aboriginal-People" target="_blank">discussion paper</a>, "lacks cultural authority."</p>
Weak in Other Jurisdictions<p>The WA Aboriginal Heritage Act 1972 is <a href="https://www.dplh.wa.gov.au/aha-review" target="_blank">under review</a>. The proposed reforms seek to abolish the committee, ensuring future decisions on Aboriginal cultural heritage give appropriate regard to the views of the traditional Aboriginal owners.</p><p><span></span>NSW is the only state with no stand-alone Aboriginal heritage legislation. However, a <a href="https://www.parliament.nsw.gov.au/researchpapers/Documents/aborigines-land-and-national-parks-in-nsw/02-97.pdf" target="_blank">similar regulatory framework</a> to WA applies in NSW under the National Parks and Wildlife Act 1974.</p><p>There, if a developer is likely to impact cultural heritage, they must apply for an Aboriginal Heritage Impact Permit. The law requires "regard" to be given to the interests of Aboriginal owners of the land, but this vague provision does not mandate consultation.</p><p>What's more, the burden of proving the significance of an Aboriginal object depends upon external statements of significance. But Aboriginal people, not others, should be responsible for determining the cultural significance of an object or area.</p><p>As in WA, the NSW regulatory framework is weak, opening up the risk for economic interests to be prioritized over damage to cultural heritage.</p>
Outdated Laws<p>The federal minister has discretion to assess whether state or territory laws are already effective.</p><p>If they decide state and territory laws are ineffective and a cultural place or object is under threat, then the federal <a href="http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/aatsihpa1984549/" target="_blank">Aboriginal and Torres Strait Islander Heritage Protection Act 1984</a> can be used.</p><p>But this act is also weak. It was first implemented as an interim measure, intended to operate for two years. It has now been in operation for 36 years.</p><p>In fact, <a href="http://ymac.org.au/wp-content/uploads/2013/04/Extracts-from-Evatt-Review-of-the-Aboriginal-and-Torres-Strait-Islander-Heritage-Protection-Act-1984.pdf" target="_blank">a 1995 report</a> assessed the shortcomings of the Aboriginal and Torres Strait Islander Heritage Protection Act.</p><p>It recommended minimum standards be put in place. This included ensuring any assessment of Aboriginal cultural significance be made by a properly qualified body, with relevant experience.</p><p>It said the role of Aboriginal people should be appropriately recognized and statutorily endorsed. Whether an area or site had particular significance according to Aboriginal tradition should be regarded as a subjective issue, determined by an assessment of the degree of intensity of belief and feeling of Aboriginal people.</p><p><span></span>Twenty-five years later, this is yet to happen.</p>
By Lamfu Fabrice Yengong and Sylvie Djacbou Deugoue
Biodiversity loss is a global crisis. In May last year, the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) warned that over 1,000,000 species are threatened with extinction worldwide. On May 22, the International Day of Biodiversity, it is important to recall the silent victims of our country's obsession for industrial growth at the expense of our forests.
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By Sam Edwards
The Isthmus of Tehuantepec in southern Mexico is one of the windiest places on earth. Hemmed in by two mountain ranges, the flat strip of land between the Pacific and the Gulf of Mexico is a natural wind tunnel. A single gust can flip over cars. It's the perfect place for turbines.
Clean Energy at a Price<p>The Gunaa Sicaru wind park is planned to be built next to Union Hidalgo. Run by French energy giant EDF, it would provide 252 megawatts of power. But first it needs approval from locals through an ongoing public consultation. And as for many multinational-backed wind parks in Oaxaca, that's proving a challenge.</p><p>In a country historically reliant on oil revenue, wind power and other renewables could bring a transition to cleaner energy. But Alejandra Ancheita, director of NGO ProDESC, warns green power must not replicate the environmental harm and mishandling of local communities typical of the global fossil fuel sector.</p><p>"Renewable energy projects can't be justified solely on the basis they are creating clean energy," Ancheita told DW. "It's not 'clean energy' if it isn't developed with a strict respect for the local communities where the project will be built."</p><p><span></span>ProDESC's legal team represents a group of Union Hidalgo residents in an injunction against EDF and local authorities, alleging violations of the consultation process. The NGO claims the local authorities and EDF failed to provide accurate information on the project's impacts and distributed misleading translations from Spanish to Zapotec.</p>
Community Conflict<p>Ramirez and other local activists say oil runoff from the turbines that already dominate the landscape pollutes waterways, while the sound of the wind farms — many of which are close to towns — disturbs residents and local birdlife.</p><p>But while Ramirez and others fight to prevent further damage to their land, some in Union Hidalgo support the development, particularly those who can earn a steady income from leasing their land.</p><p>"It's creating a lot of division in our community," Ramirez said.</p><p>According to a report by the Berlin-based <a href="https://www.ecchr.eu/fileadmin/Publikationen/ECCHR_PP_WINDPARK.pdf" target="_blank">European Center for Constitutional and Human Rights</a> (ECCHR), conflict in the community escalated in 2018, after critics of the project were condemned as "enemies of development" in the EDF consultation meetings.</p><p>ProDESC and ECCHR said in a formal letter last year, that the company needed to do more to prevent conflict in the community.</p><p>EDF told DW it had met its obligations in the consultation process for Gunaa Sicaru but it was the Mexican authorities who ultimately bore the responsibility for ensuring residents were informed and free to make a decision. EDF has received no reports of threats against critics of the Gunaa Sicaru project, the company added.</p><p>The Oaxaca state government did not respond to DW's request for comment.</p>
Future of Clean Energy<p>Mexico, one of the world's top 15 carbon emitters, has committed to producing 35% of its electricity from clean energy by 2024. Renewables have drawn significant interest from investors since a reform opened the sector to private investment in 2013. Both the solar and wind sectors reported record growth last year.</p><p>But observers fear the future of renewables is uncertain under President Andres Manuel Lopez Obrado. Lisa Viscidi, from think tank The Inter-American Dialogue, told DW that regulatory changes under the current administration are undermining incentives to invest in the sector. Winning consent from communities in Oaxaca has been another significant challenge. A 2019 report authored by Viscidi on Mexico's first clean energy auction found several projects had been delayed due to a failure to get the community on board.</p>
Alternative Development<p>The challenges of wind energy in Oaxaca are not unique.</p><p>The transition to renewables will be an "epochal shift" in most countries, says Cymene Howe, an anthropologist with Rice University in Texas and author of a book about wind energy in Oaxaca. That's because energy infrastructure will move into parts of the planet untouched by fossil fuel industries.</p><p>"[It will be] a fundamental shift in how we imagine landscapes, what land is to be used for, who lives there and who has responsibility," she said. "This is a new frontier."</p><p>In Union Hidalgo, Ramirez says the conflicts over wind parks have already forced some people to move elsewhere searching for work or new land to farm. She fears that if Gunaa Sicaru goes ahead, the town will soon be bordered on most sides by wind turbines and unable to grow.</p><p>"No one is coming here to force us off our land. [But] one day we'll have to leave ourselves because we won't be able to handle being surrounded," Ramirez said.</p><p>For her, it is not about stifling wind power development, but empowering locals to shape it — for example through community-owned wind parks that would funnel profits back into the local community.</p><p><span></span>"Development can take many forms," Ramirez said.</p>
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$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
A Two-Decade Dispute<p>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.</p><p>The Ashaninka prevailed in their initial court case, in appeals courts and also in the Superior Court of Justice (the highest <a href="https://www.wikiwand.com/en/Appellate_court" target="_blank">appellate court</a> in Brazil for non-constitutional questions). But as soon the case reached the federal Supreme Court in 2011, it stalled.</p><p>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.</p><p>"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.</p><p>According to a <a href="http://www.mpf.mp.br/pgr/noticias-pgr/acordo-historico-garante-reparacao-a-povo-indigena-ashaninka-por-desmatamento-irregular-em-suas-terras" target="_blank">notification posted on the Federal Public Ministry's website</a>, 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."</p><p>"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.</p><p>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 <a href="http://www.stf.jus.br/portal/pauta/verTema.asp?id=134777" target="_blank">federal Supreme Court docket for April</a>. 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.</p><p>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.</p><p>"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.</p><img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzE0NDA1Mi9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYxNzU4MDI3MH0.GGo1eIDplqDP3QMJCcjAvWi3yKP00ETazc8VccYPY_Y/img.jpg?width=980" id="5805e" class="rm-shortcode" data-rm-shortcode-id="6d074ceed98430a5947fcd7d937d629b" data-rm-shortcode-name="rebelmouse-image" />
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<p>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."</p><p>"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 <a href="http://cpiacre.org.br/conteudo/2020/04/09/reparacao-historica-ao-povo-ashaninka/" target="_blank">reporting the invasion to the world through an open letter published in 1991</a>.</p><p>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.</p><p>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.</p><p>"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.</p><p>"If there had been no acknowledgement of guilt, the indigenous people would not have taken the deal," asserts Rodrigo, attorney for the Ashaninka.</p><p>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.</p><p>"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."</p><img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzE0NDA1My9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYzMTI4OTIxN30._J7xanpd8WWUA9UduaoTuIxhnImkUivLSidNpt2Y9VI/img.jpg?width=980" id="438f3" class="rm-shortcode" data-rm-shortcode-id="ba215854fa2adb0418d6a2ab5e4e389d" data-rm-shortcode-name="rebelmouse-image" />
Francico Piyãko in a celebration of the Ashaninka people. Arison Jardim / The Ashaninka of the Amônia River Associatio
By Peter Yeung
From the skies above Creporizao, a remote town in the south of the Brazilian Amazon, the surrounding area looks like a vast blanket of dark green rainforest. But along the dirt roads and rivers that run through it like arteries are telling patches of muddy brown: illegal gold mines.
'Full-scale gold rush'<p>About 13% of Brazil's territory is classified as indigenous land, spread across more than 400 reserves. But <a href="https://www.amazoniasocioambiental.org/en/" target="_blank">according to the Amazon Geo-Referenced Socio-Environmental Information Network</a>, there are more than 450 illegal mining sites in the Brazilian Amazon, where most of those reserves are located.</p><p>The proposed law would likely lead to a dramatic rise in the level of mining activity.</p><p>"Once you open the door, it will become a flood," Glenn Shepard, an American anthropologist who works with indigenous populations affected by illegal mining, told DW. "The law will create a precedent for miners to go in. It's already a full-scale gold rush going on, and these indigenous groups are losing control."</p><p>Greenpeace's journalism team, Unearthed, has reported that <a href="https://unearthed.greenpeace.org/2020/04/03/coronavirus-brazil-amazon-gold-rush-indigenous-groups-deforestation/" target="_blank">gold miners planned to continue working through the coronavirus pandemic</a>, increasing fears of spreading the disease to indigenous groups. </p>
The deforestation issue<p>Environmentally, <a href="https://www.dw.com/en/amazon-sees-alarming-rise-in-deforestation/a-51668498" target="_blank">one of the biggest impacts of mining is logging.</a> A 2017 report published in the journal Nature Communications found that mining accounted for 9% of all forest loss in the Amazon between 2005 and 2015.</p><p>Satellite <a href="https://maaproject.org/2020/gold_brazil/" target="_blank">analysis </a>published by the Monitoring of the Andean Amazon Project revealed that 2,000 hectares of gold mining-related deforestation occurred in 2019 across the Munduruku indigenous reserve, more than double the amount recorded the year before.</p><p>Last November dozens of tribal leaders from the Amazon met with officials in Brasilia to file claims and report serious threats to their territories.</p><p>Alessandra Korap Munduruku, a leader from Para state who attended the meeting, says the legalization of mining would "be the death of our people."</p><p>Besides bringing "disease and prostitution to our people, drug addiction to our children, and violent conflict to the Munduruku men," she said gold mining activity is also killing fish through mercury poisoning.</p>
Problematic legal trade<p>Even the legal gold trade in Brazil is largely unregulated, which facilitates illegal business and plays a significant role in the destruction of the Amazon. Prosecutors in Para state say the lack of regulation in the legal trade and the fact that receipts are paper-based carbon copies make it easy for criminals to thrive and illegal gold to enter the legal system.</p><p>"The practice of fraud in the sector is quite easy, and the investigation of illegalities becomes an almost insurmountable obstacle," Luis de Camoes Lima Boaventura, public prosecutor in the Amazonian city of Santarem said.</p><p>"Until a computerized system is installed, the authorities cannot check, in real time, the legality of the transactions. To make a transaction of illegal gold, all you currently need is a pen and paper."</p><p>According to National Mining Agency estimates, around 30 tons of gold worth some 4.5 billion reals ($1.1 billion, €900 million) are illegally traded in the state of Para annually. That is around six times more than the amount legally declared.</p><p>When miners like Jose Maria return to Creporizao at the end of what can be days away, they come to one of a dozen gold shops that line the main drag to melt what they have mined into standardized bars. Once that is done, illegally-mined gold, which is responsible for widespread deforestation, pollution and violence in the Amazon, has entered the system and can no longer be traced.</p>
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By Bhiamie Williamson, Francis Markham and Jessica Weir
The catastrophic bushfire season is officially over, but governments, agencies and communities have failed to recognize the specific and disproportionate impact the fires have had on Aboriginal peoples.
Table: The Conversation. Source: Authors' calculations from 2016 Census of Population and Housing (ABS 2020) and 2016 ERP (ABS 2017b). Get the data
Areas in NSW and Victoria burnt and affected by fires of 250 ha or more, July 1, 2019 to January 23, 2020, and Aboriginal legal interests in land. Author provided
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