Damming Mekong: What It Means for Fishing Communities?

Damming Mekong: What It Means for Fishing Communities?

Editor’s Note: Development projects have always destroyed local ways of living and nonhuman communities. Numerous examples attest to that. The government of Cambodia need not look very far. The Lower Sesan 2 dam it built despite resistance has collectively been decried by national and international organizations for numerous human rights and indigenous rights violations. The government of Cambodia itself placed a ten-year ban on damming Mekong in 2020. Despite this, the government has permitted the group responsible for Lower Sesan 2 to conduct geological studies for building the Stung Treng dam along Mekong river. Previous studies have already outlined the devastating effects it can have on the fisher communities.

It is no surprise that states prioritize profits over local communities in their decision making process. Organized political resistance is required for the local communities to stand a chance against such decisions that hughly impact their lives.


By Gerald Flynn and Nehru Pry/Mongabay

  • Cambodian authorities have greenlit studies for a major hydropower dam on the Mekong River in Stung Treng province, despite a ban on dam building on the river that’s been in place since 2020.
  • Plans for the 1,400-megawatt Stung Treng dam have been around since 2007, but the project, under various would-be developers, has repeatedly been shelved over criticism of its impacts.
  • This time around, the project is being championed by Royal Group, a politically connected conglomerate that was also behind the hugely controversial Lower Sesan 2 dam on a tributary of the Mekong, prompting fears among local communities and experts alike.
  • This story was supported by the Pulitzer Center’s Rainforest Investigations Network where Gerald Flynn is a fellow.

STUNG TRENG, Cambodia — A long-dormant plan to build a mega dam on the mainstream of the Mekong River in Cambodia’s northeastern Stung Treng province appears to have been revived this year, leaving locals immediately downstream of the potential sites worried and experts confounded.

First studied in 2007, the 1,400-megawatt hydropower project, known as the Stung Treng dam, has reared its head in many forms, only to be canceled or scrapped. Finally, in 2020, Cambodia’s government announced a 10-year ban on damming the Mekong River’s mainstream, placing the Stung Treng dam and others on indefinite life support.

However, on Dec. 29, 2021, Royal Group — arguably Cambodia’s largest and best-connected conglomerate — wrote to the government, requesting permission to conduct a six-month feasibility study across a number of sites along the Mekong in a bid to revive the long-sought-after hydropower project.

The Ministry of Mines and Energy approved, and Stung Treng Governor Svay Sam Eang ordered district governors to cooperate with SBK Research and Development, a Phnom Penh-based consultancy hired by Royal Group, while they analyzed three sites for the dam between January and June 2022.

All the sites that SBK analyzed sit within or would affect the Stung Treng Ramsar site, a wetland of ecological significance that’s supposed to be protected by the Ramsar Convention, an international treaty to which Cambodia became a signatory in 1999.

Spanning some 14,600 hectares (36,100 acres), the Stung Treng Ramsar site stretches 40 kilometers (25 miles) up from the confluence of the Mekong and Sekong rivers, almost to the Laos-Cambodia border. It’s home to the white-shouldered Ibis (Pseudibis davisoni) and giant Mekong catfish (Pangasianodon gigas), both critically endangered species, and the Irrawaddy dolphin (Orcaella brevirostris), which is globally endangered but whose Mekong population is considered critically endangered.

Royal Group's Stung Treng dam locator map
Sites analyzed by SBK Consultants for Royal Group’s Stung Treng dam. Map by Gerald Flynn/Mongabay.

‘We protested … it made no difference’

The Stung Treng dam has been the subject of many studies that have amounted to very little, first in 2007 by Bureyagesstroy, a subsidiary of Russian state-owned enterprise RusHydro. More than two years later, when it became apparent Russia wasn’t going ahead with the dam, Vietnamese state-owned enterprise Song Da also conducted studies.

The volleys of criticism that each study provoked has seen the Stung Treng dam shelved repeatedly. A 2012 study by the Cambodian Fisheries Administration’s Inland Fisheries Research and Development Institute found the Stung Treng dam would reduce aquatic food yields by 6% and 24% by 2030. This, the government’s own researchers warned, would lead to increased malnutrition and worse public health outcomes, especially among poorer, rural communities.

WWF’s Greater Mekong program then published an extensive brief in 2018 reiterating the threats posed by the Stung Treng dam to fisheries, agriculture, ecosystems and biodiversity.

By then, however, many of these fears had already been realized in the form of the Lower Sesan 2 hydropower dam.

Also located in Stung Treng province, roughly 30 km (19 mi) from the Ramsar site, the Lower Sesan 2 was approved in 2012 before going online in 2018 after a tumultuous series of studies throughout the 1990s. Following funding issues, Royal Group stepped in as a financier to save the project, but this didn’t stop the Lower Sesan 2 from rapidly becoming emblematic of the numerous problems associated with dams on the Mekong and its tributaries.

Even now, nearly four years after the dam’s completion, pro-government Cambodian and Chinese outlets continue attempting to resuscitate the Lower Sesan 2’s image, which was tarnished by the sheer scale of human suffering and environmental degradation it’s been linked to.

The Stung Treng Ramsar site could be compromised by Cambodia's hydropower ambitions
The Stung Treng Ramsar site could be compromised by Cambodia’s hydropower ambitions. Image by Gerald Flynn/Mongabay.

Royal Group maintains the dam is a success and says the project supplied 20% of Cambodia’s energy demands in 2020. But before the project was even finished, it came under fire from the United Nations, numerous NGOs both international and domestic, as well as thousands of affected residents displaced by the dam’s 30,000-hectare (74,000-acre) reservoir.

Since the dam’s completion, Human Rights Watch has branded the Lower Sesan 2 “a disaster” in a 137-page report released last year, calling the dam’s developers responsible for multiple human rights violations, abuses against Indigenous peoples, and a drastic decline in fisheries, along with failing to actually live up to its projected power generation targets.

Haunted by the Lower Sesan 2, the residents of the Stung Treng Ramsar site’s islands were deeply concerned when they saw SBK Research and Development engaged in geological studies and learned the prospect of the Stung Treng dam had returned again.

“The local authorities came round at the start of the year,” says Mao Sareth, chief of the Koh Khan Din fishing community in the south of the Stung Treng Ramsar site. “They told us they want to build a dam that’ll be 7 meters [23 feet] high and will affect 163 families — it’s going to be huge, 1,400 MW, that’s what they told me.”

Mao Sareth, chief of the Koh Khan Din fishing community in the south of the Stung Treng Ramsar site
Mao Sareth, chief of the Koh Khan Din fishing community in the south of the Stung Treng Ramsar site. Image by Nehru Pry/Mongabay.

Sareth is reluctant to discuss the details of the proposed dam, hinting that people have warned him against discussing the project with journalists. But for the 72-year-old, the number of families who would be affected if the Stung Treng dam goes ahead would be much higher than what SBK’s consultants suggested, although the consequences for each island would vary depending on whether the dam was built up or downstream of their community.

“There are 144 families in our village alone, with plenty more spread across the islands and there are hundreds of islands here, full of people who farm and fish,” Sareth says. “Of course we’d be affected if they build the dam, lots of communities would be flooded, everyone relies on agriculture here, the dam would destroy our crops.”

Already at the mercy of water released or withheld by dams upstream in Laos, Sareth says his community exists in a fragile balance, eking out an existence that hinges on access to fish from the water and crops nourished by it. The Stung Treng Ramsar site’s ecosystem, he says, has held the community together, with only seven families leaving last year to find day-laborer work in Thailand.

“Most people try to stay and find a new market for their crops,” Sareth says. “They can take food from the river — they can survive here.”

But Sareth is no stranger to defeat at the hands of hydropower developers, and knows that if the government decides to break its own ban on Mekong dam building, then it will be his community that suffers.

“We protested the Don Sahong dam in Laos because we knew it would hurt our people, our livelihoods, but our protests made no difference — they finished the dam anyway,” he says. “Then we protested the Lower Sesan 2 dam, but again, it made no difference, we had no results, only losses. We lost so much when they opened the water gates, crops, livelihoods, everything.”

Life on the Mekong River is changing and residents struggle to keep up
Life on the Mekong River is changing and residents struggle to keep up. Image by Nehru Pry/Mongabay.

Dammed and damned

Meanwhile, 12 km (7.5 mi) further upstream, the ecotourism and fishing communities on the island of Koh Snaeng say they fear a way of life could be erased by new hydropower projects.

Fifty-two-year-old Lim Sai is one of the estimated 1,000 people living across the four villages that make up Koh Snaeng, which straddles the Mekong within the heart of the Stung Treng Ramsar site, roughly 30 km from the Lower Sesan 2 hydropower dam.

“In general, we know if we protest, we’ll face consequences, we know there’ll be problems — maybe even lawsuits,” Sai says. “You can get sued for speaking out, so if the government doesn’t see the dams as a problem, then ordinary people like us have no tools to affect our future.”

Sai is a lifelong resident of the island and has seen it adapt in the face of an uncertain future. Koh Snaeng residents pivoted from fishing to farming when the first dams further upstream in Laos and China began to change the flow of the river upon which the island is situated. Then, as the climate crisis intensified and Cambodia’s rains became less reliable, residents again shifted their focus, this time to ecotourism.

Throughout these changes, Sai has worked in local government. But despite this role, he says his community has been largely ignored by the national authorities.

“They [the national government] only built a road connecting National Road 7 to the ferry that brings people to Koh Snaeng last year, we’ve been asking for one for around decades,” he says by way of example. “Maybe it was because we had the commune elections coming up this year and they knew we wouldn’t support them.”

Sai says the island is still very much reliant on the river and that he feels the latest hydropower study hasn’t factored his community into the decision.

Residents from Koh Khan Din were invited to a meeting in the Cambodian capital where representatives of Royal Group discussed the matter of relocation and compensation in June, but Sai says he only found out about this through others.

“The dam would have a huge impact, not just here, but all the way down to Phnom Penh, even in Vietnam — it would affect the water flows all the way downriver,” Sai says.

Lim Sai has seen Koh Snaeng pivot to ecotourism as fishing and farming become less reliable on the Mekong
Lim Sai has seen Koh Snaeng pivot to ecotourism as fishing and farming become less reliable on the Mekong. Image by Nehru Pry/Mongabay.

Ma Chantha, 29, serves as the deputy of Koh Snaeng’s tourism community and says that when residents saw SBK’s consultants drilling samples from the riverbed earlier this year, they came to her with their fears.

“People are very worried, they think they’ll lose their houses to floodwaters or be displaced,” she says, noting that the community-based ecotourism project spans both Koh Snaeng and the neighboring island of Koh Han, with roughly 2,750 residents participating in the project since its inception in 2016.

Chantha says NGOs are taking an interest in protesting the planned dam, adding that a festival to celebrate the islands’ ecotourism value was held in June and that the Bophana Audiovisual Resource Center is currently putting together a documentary about the islanders who call the Stung Treng Ramsar site home.

“We hope the video and the campaign are successful, or helpful at least, in stopping hydropower construction here, because people will see that there are ecotourism destinations worth protecting here,” Chantha says. “This kind of advocacy has given the people here a chance to stand up for their communities, I hope that makes people change their mind about building the dam here.”

"People are very worried" says Ma Chantha, who depends on ecotourism on Koh Snaeng
“People are very worried” says Ma Chantha, who depends on ecotourism on Koh Snaeng. Image by Nehru Pry/Mongabay.

Conflicting narratives

But while communities rally to stop the Stung Treng dam, there is little clarity over whether the project will go ahead. In March, government-aligned outlet The Phnom Penh Post reported that the dam had been “okayed in principle,” but offered little beyond the approval for the feasibility study to substantiate this.

Chantha and Sai of Koh Snaeng, as well as Sareth of Koh Khan Din, all agreed that they had been told in recent months that the project wouldn’t be going ahead, although none could provide any documents to verify this either.

“I’m happy if they really canceled it,” Sai says. “Then we can continue to use the river for fishing and tourism, but I only believe in the cancelation about 40% and even if they cancel it now, it could always happen later.”

Chantha says there’s been no official announcement of cancellation and that it may just be rumors spreading among hopeful residents. Sareth says a letter from August 2022 issued by the Ministry of Environment confirms the cancelation, but couldn’t produce the letter to show Mongabay by the time this story was published. Still, he says he’s confident it exists.

When questioned about the dam and the supposed cancellation, environment ministry spokesperson Neth Pheaktra denied having any information. Srey Sunleang, a senior ministry official responsible for freshwater wetlands and Ramsar sites, declined to comment.

Heng Kunleang, director of the Department of Energy at the Ministry of Mines and Energy, did not respond to questions sent by email, while Khnhel Bora, director of SBK Research and Development, says he’s also unaware of any cancellation.

Representatives of Royal Group, the conglomerate developing the dam, also did not comment for this story. The company will reportedly build the Stung Treng dam in partnership with China (Cambodia) Rich International, a company registered in Phnom Penh whose directors are all also key figures within Royal Group: Cambodian tycoon Kith Meng, Royal Group’s chief financial officer Mark Hanna, and chief of Royal Group’s energy division Thomas Pianka.

Hanna and Pianka did not respond to questions sent via email, while Kith Meng, who is also president of the Cambodian Chamber of Commerce and an adviser to Prime Minister Hun Sen, could not be reached for comment.

Royal Group’s track record on developing dams is so far limited to the 400-MW Lower Sesan 2, which was a joint venture with China’s state-owned Hydrolancang International Energy and Vietnam’s state-owned electricity utility, EVN International. In this partnership, Royal Group is believed to have been responsible for financing, rather than building, the dam.

The fate of Koh Snaeng and the Stung Treng Ramsar site remains unclear
The fate of Koh Snaeng and the Stung Treng Ramsar site remains unclear. Image by Gerald Flynn/Mongabay.

‘Beginning of the end’

Ian Baird, a professor of geography at the University of Wisconsin who specializes in studying hydropower development across Cambodia, Laos and Thailand, says he’s heard rumors of the Stung Treng dam project being resurrected. While it remains unclear exactly what would be built or where and how, he says, the project is a significant threat to the Mekong region.

“The Ramsar Convention is quite weak as governments can really do as they please in Ramsar sites, but Cambodia has been more responsive to international conventions than its neighbors and historically more concerned than others about international criticism, compared with Laos or Vietnam,” Baird says, pointing to Cambodia’s 2020 moratorium on Mekong dam building — a move that other Mekong Basin countries have not followed.

“But this is one of the reasons why exposing the problems related to the Lower Sesan 2 is very critical, because it’s the same developers,” Baird says, adding he’d hoped the failings of Royal Group’s first hydropower project would ward the government off from approving another.

If the Stung Treng dam gets the go-ahead, Baird says it would be more damaging than the controversial Don Sahong dam and the Xayaburi dam — both on the mainstream of the Mekong in Laos — and more significant than the soon-to-be-completed Sekong A dam on the Laotian stretch of the Sekong River, a key tributary that flows from Vietnam, through Laos and into the Mekong River in Cambodia.

“There’s a lot of reason for concern here, if it goes ahead, well – it’s the beginning of the end,” Baird says. “The Mekong is dying a death by a thousand cuts, I’ve watched it for years, and honestly, it’s sad, but what can you do?”

Residents point to Royal Group’s history in Stung Treng province as a reason to be fearful, adding that a new, significantly larger hydropower project could have even wider-reaching impacts.

“I don’t know what I’ll do if they go ahead with it,” says Sai from Koh Snaeng.


Featured image: A lone boat heads up the Mekong River through the Stung Treng Ramsar site. Image by Gerald Flynn/Mongabay.

Fallen 200: Land Defenders Murdered in 2021

Fallen 200: Land Defenders Murdered in 2021

Editor’s note: Land defenders, especially indigenous land defenders, are at risk across the world, more so in some places than others. In their fight to protect their communities and their land, they directly confront structures of power, challenging the powerful’s sense of entitlement. In order to maintain the status quo, the powerful employ any means necessary to silence the resistors. In some places, this may take the form of political and legal attack, in others, this may lead to murder. Either way, the objective of such repression is not merely to silence one voice, but to set an example, to shut down those hundreds of voices which may have been raised in resistance. This strategy has been used through history.

Even so, resistance lives on. Where the repression becomes strong, defenders find new ways to adapt to their political situation and to continue fighting the powerful. Statistics say that one land defender is killed every two days. While it is necessary to hold the states accountable for these unlawful killings, it is also important for defenders to take measures to protect themselves. This may include being familiar with the laws of one’s region, or to learn self-defense, or whatever is appropriate for one’s situation. Following rules of security culture may help in increasing security for defenders.


“I could tell you that, around the world, three people are killed every week while trying to protect their land, their environment, from extractive forces. I could tell you that this has been going on for decades, with the numbers killed in recent years hitting over 200 each year. And I could tell you, as this report does, that a further 200 defenders were murdered in the last year alone. But these numbers are not made real until you hear some of the names of those who died.” – Dr. Vandana Shiva

“This story was originally published by Grist. You can subscribe to its weekly newsletter here.”

By Joseph Lee/Grist

In Brazil, two Yanomami children drowned after getting sucked into a dredging machine used by illegal gold miners. A 14 year old Pataxó child was shot in the head during a conflict over land in the northeastern Bahia state. A Guarani Kaiowá person was killed by military police during a clash over a farm the Guarani had reclaimed from settlers. “There has been an increase in the amount of conflict – socio and environmental conflict – in our lands,” said Dinamam Tuxá, of the Articulation of Indigenous Peoples of Brazil (APIB), Brazil’s largest coalition of Indigenous groups. ”It’s destroying communities and it’s destroying our forests.”

Between 2011 and 2021, at least 342 land defenders were killed in Brazil – more than any other country – and roughly a third of those murdered were Indigenous or Afro-descendant. That’s according to a new report by Global Witness, an international human rights group, that documents over 1,700 killings of land and environment defenders globally during the same time period. The report says that on average, a land defender is killed every other day, but suggests that those numbers are likely an undercount and paints a grim picture of violence directed at communities fighting resource extraction, land grabs, and climate change.

“We will continue to protest, we will continue to show up.” -Dinamam Tuxá, APIB

“All over the world, Indigenous peoples, environmental activists, and other land and environmental defenders risk their lives for the fight against climate change and biodiversity loss,” reads the report. “They play a crucial role as a first line of defense against ecological collapse, yet are under attack themselves facing violence, criminalisation and harassment perpetuated by repressive governments and companies prioritizing profit over human and environmental harm.”

After Brazil, the Philippines and Colombia recorded the most killings: 270 and 322, respectively. Together all three countries make up more than half of the attacks recorded in the global report.

In the Philippines, Indigenous and local environmental activists have been fighting huge infrastructure projects like the Kaliwa Dam and the Oceana Gold Mine, both of which Indigenous leaders say threaten their land and the environment. According to Global Witness, over 40% of the defenders killed in the Philippines were Indigenous peoples.

“It’s clear that the government has not taken this crisis seriously,” said Jon Bonifacio, national coordinator at Palikasan People’s Network for the Environment. “This statistic has not been recognized in any way by the Philippine government, despite the crucial role environmental defenders play in the fight against climate change.”

According to Global Witness, those statistics are uncertain due to a lack of free press and other independent monitoring systems around the world and other types of violence are also not counted in the report. “We know that beyond killings, many defenders and communities also experience attempts to silence them, with tactics like death threats, surveillance, sexual violence, or criminalization – and that these kinds of attacks are even less well reported,” Global Witness said.

An April report from the nonprofit Business and Human Rights Resource Centre documented some of those other tactics, tracking 3,800 attacks, including killings, beatings, and death threats, against land defenders since January 2015. But even those numbers aren’t the complete picture. “We know the problem is much more severe than these figures indicate,” Christen Dobson, senior program manager for the BHRRC and an author of the report said at the time.

The Global Witness report’s authors say governments should enforce laws that already protect land defenders, pass new laws if necessary, and hold companies to international human rights standards. Global Witness also says companies should respect international human rights like free, prior, and informed consent, implement zero-tolerance policies for attacks on land defenders, and adopt a rights-based approach to combating climate change. The report specifically calls on the European Union to strengthen its proposed corporate sustainability due diligence law by adding a climate framework and more accountability measures for financial institutions.

While international advocacy offers some hope for Indigenous leaders on the front lines, those leaders also know that they have to keep fighting to protect their land, lives, and environment. In Brazil, resistance to Indigenous land demarcation and advocacy for resource extraction in the Amazon pushed by President Jair Bolsonaro, has led to record deforestation in the Amazon since he took office in 2019. Dinamam Tuxá and other Indigenous leaders in Brazil are hopeful that the upcoming presidential election may lead to change, but remain skeptical. Luiz Inácio Lula da Silva, the former president and current leading candidate, has promised better treatment for Indigenous peoples in Brazil but Tuxá says that Indigenous peoples cannot rest all their hopes on politicians.

“President Lula would not solve the problems of Indigenous peoples,” Tuxá said. “Regardless of who gets elected we will continue to protest, we will continue to show up.”


Names of environmentalists murdered in 2021, by country

By Elisabeth Schneiter / Facebook

“Joannah Stutchbury loved trees, practiced permaculture, was an environmentalist, and bravely advocated for the environment, with a fiery and unwavering passion.” And she was wonderfully crazy and full of life and joy to be alive. She was shot dead on her way home in the outskirts of Nairobi, Kenya, in July 2021. “

Argentina

  1. Elías Garay

Bolivia

  1. Lino Peña Vaca

Brazil

  1. Aldenir dos Santos Macedo
  2. Alex Barros Santos da Silva
  3. Amaral José Stoco Rodrigues
  4. Amarildo Aparecido Rodrigues
  5. Ângelo Venicius Henrique Mozer
  6. Antônio Gonçalves Diniz
  7. Eliseu Pedroso
  8. F.S.S.
  9. Fernando dos Santos Araújo
  10. Getúlio Coutinho dos Santos
  11. Isac Tembé
  12. Jerlei
  13. João de Deus Moreira Rodrigues
  14. José do Carmo Corrêa Júnior
  15. José Francisco de Souza Araújo
  16. José Vane Guajajara
  17. Kevin Fernando Holanda de Souza
  18. Marcelo Chaves Ferreira
  19. Maria da Luz Benício de Sousa
  20. Maria José Rodrigues
  21. Rafael Gasparini Tedesco
  22. Reginaldo Alves Barros
  23. Roberto Muniz Campista
  24. Roberto Pereira da Silva Pandolfe
  25. Sidinei Floriano Da Silva
  26. Wagner Romão da Silva

Chile

  1. Jordan Liempi Machacan

Colombia

  1. Ángel Miro Cartagena
  2. Argenis Yatacué
  3. Aura Esther García Peñalver
  4. Cristian Torres Cifuentes
  5. Danilo Torres
  6. Dilio Bailarín
  7. Edwin Antonio Indaburo
  8. Efrén España
  9. Fermiliano Meneses Hoyos
  10. Fredy Pestana Herrera
  11. Gonzalo Cardona Molina
  12. Ilia Pilcué Yule
  13. Jaime Enrique Basilio Basilio
  14. Jair Adán Roldán Morales
  15. Jhon Alberto Pascal
  16. Jhon Edward Martinez
  17. John Albeiro Paí Pascal
  18. José Riascos
  19. José Santos López
  20. Juana Panesso Dumasá
  21. Luis Alfonso Narváez Escobar
  22. Marcelino Yatacué Ipia
  23. Marcos Fidel Camayo Guetio
  24. Nazaria Calambás Tunubalá
  25. Noel Corsini Zúñiga
  26. Rafael Domicó Carupia
  27. Remberto Arrieta Bohórquez
  28. Rogelio López Figueroa
  29. Sandra Liliana Peña Chocué
  30. Víctor Orlando Mosquera
  31. Wilson de Jesús López
  32. Yarley Margarito Salas
  33. Yordan Eduardo Guetio

Democratic Republic of Congo

  1. Alexis Kamate Mundunaenda
  2. Emery Bizimana Karabaranga
  3. Eric Kibanja Bashekere
  4. Etienne Mutazimiza Kanyaruchinya
  5. Innocent Paluku Budoyi
  6. Prince Nzabonimpa Ntamakiriro
  7. Reagan Maneno Kataghalirwa
  8. Surumwe Burhani Abdou

Ecuador

  1. Andrés Durazno
  2. Nange Yeti
  3. Víctor Enrique Guaillas Gutama

Gabon

  1. Jean François Ndong Abaume

Guatemala

  1. Alberto Tec Caal
  2. Emilio Aguilar Jiménez
  3. Ramón Jiménez
  4. Regilson Choc Cac

Honduras

  1. Celenia Bonilla
  2. David Fernando Padilla
  3. Juan Carlos Cerros Escalante
  4. Juan Manuel Moncada
  5. Martín Abad Pandy
  6. Nelson García
  7. Óscar Javier Pérez
  8. Víctor Martínez

India

  1. Kawasi Waga
  2. Daljeet Singh
  3. Gurvinder Singh
  4. Lavepreet Singh
  5. Maynal Haque
  6. Nakshatra Singh
  7. Saddam Husaain
  8. Sheikh Farid
  9. Stan Swamy
  10. T Shridhar
  11. Uika Pandu
  12. Ursa Bhima
  13. Venkatesh S
  14. Vipin Agarwal

Kenya

  1. Joannah Stutchbury

Mexico

  1. Alejandro García Zagal
  2. Artemio Arballo Canizalez
  3. Benjamín Pórtela Peralta
  4. Braulio Pérez Sol
  5. Carlos Marqués Oyorzábal
  6. David Díaz Valdez
  7. Donato Bautista Avendaño
  8. Fabián Sombra Miranda
  9. Fabián Valencia Romero
  10. Federico de Jesús Gutiérrez
  11. Fidel Heras Cruz
  12. Flor de Jesús Hernández
  13. Gerardo Mendoza Reyes
  14. Gustavo Acosta Hurtado
  15. Heladio Molina Zavala
  16. Irma Galindo Barrios
  17. Isaías Elacio Palma
  18. Isidoro Hernández
  19. Jacinto Hernández Quiroz
  20. Jaime Jiménez Ruiz
  21. Jesús Solórzano Díaz
  22. Jordán Terjiño Luna
  23. José Ascensión Carrillo Vázquez
  24. José de Jesús Robledo Cruz
  25. José de Jesús Sánchez García
  26. José Santos Isaac Chávez
  27. Juan Justino Galaviz Cruz
  28. Lea Juárez Valenzuela
  29. Leobardo Hernández Regino
  30. Leocadio Galaviz Cruz
  31. Luis Urbano Domínguez Mendoza
  32. Manuel Cartas Pérez
  33. Manuel Hidalgo Vázquez
  34. Marcelino Álvarez González
  35. Marco Antonio Arcos Fuentes
  36. Marco Antonio Jiménez de la Torre
  37. Marcos Quiroz Riaño
  38. María de Jesús Gómez Vega
  39. Martín Hurtado Flores
  40. Mayolo Quiroz Barrios
  41. Miguel Bautista Avendaño
  42. Narciso López Vasquez
  43. Noé Robles Cruz
  44. Oliverio Martínez Merino
  45. Pedro Lunez Pérez
  46. Ramiro Rodríguez Santiz
  47. Ramiro Ventura Apolonio
  48. Raymundo Robles Riaño
  49. Rodrigo Morales Vázquez
  50. Rolando Pérez González
  51. Simón Pedro Pérez López
  52. Tomás Rojo Valencia
  53. Vicente Suástegui Muñoz
  54. Víctor Manuel Vázquez de la Torre

Nicaragua

  1. Albert Jairo Hernández Palacio
  2. Armando Pérez Medina
  3. Armando Suarez Matamoros
  4. Bonifacio Dixon Francis
  5. Borlan Gutiérrez Empra
  6. Dolvin Acosta
  7. J.L.P. or J.R.B
  8. Jaoska Jarquín Gutiérrez
  9. Kedelin Jarquín Gutiérrez
  10. Martiniano Julián Macario Samuel
  11. Morgan Pantin
  12. Ody James Waldan Salgado
  13. Romel Simon Kely
  14. Sixto Gutiérrez Empra
  15. Víctor Manuel Matamoros Morales
  16. Peru Estela Casanto Mauricio
  17. Herasmo García Grau
  18. Lucio Pascual Yumanga
  19. Luis Tapia Meza
  20. Mario Marco López Huanca
  21. Santiago Meléndez Dávila
  22. Yenes Ríos Bonsano

Philippines

  1. Abner Esto
  2. Ana Marie Lemita-Evangelista
  3. Angel Rivas
  4. Antonio “Cano” Arellano
  5. Ariel Evangelista
  6. Edward Esto
  7. Emanuel Asuncion
  8. John Heredia
  9. Joseph Canlas
  10. Juan Macababbad
  11. Julie Catamin
  12. Lenie Rivas
  13. Mark Lee Bacasno
  14. Melvin Dasigao
  15. Puroy Dela Cruz
  16. Randy Dela Cruz
  17. Romeo Loyola Torres
  18. Steve Abua
  19. Willy Rodriguez

Venezuela

  1. Carmen Lusdary Rondón
  2. Miguel Antonio Rivas Morales
  3. Nelson Martín Pérez Rodríguez
  4. Wilmer José Castro

NOUS SOMMES 78 000

Pétition:

https://www.declarationuniverselledesdroitsdelarbre.org/…

Prenez connaissance de notre proposition de Convention Internationale des Droits de l’arbre:

https://www.declarationuniverselledesdroitsdelarbre.org/…

Soutenir la Déclaration Universelle des Droits de l’Arbre #DUDA :

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Want to learn more? This report by Global Witness discusses the issue elaborately outlining the situation in different countries, including with stories of the defenders who have been killed.

Featured Image Brazilian land defenders memorial by Nelson Almeida/AFP via Getty Images on Grist

An Alliance Between Human and Non-Human

An Alliance Between Human and Non-Human

Editor’s note: Writing from the mountains of Kerala, rewilder and restorationist Suprabha Seshan explores the pandemic and the war of patriarchy vs. the planet. “It is my sworn mission to salvage the ones burned, maimed, poisoned or reconstituted from the living earth by the fires of industrial civilisation,” she writes. This essay was first published in Turkish in Jineoloji magazine, a publication of the women’s movement of Kurdistan.


The Covid-19 pandemic, lethal as it is, is instrumental to capital’s assault on the living world. Looming through the terrors unleashed by free-flying strands of DNA are gargantuan infrastructural projects, including medical, green and digital. These are intent on destroying the web of life. Out of this extermination project, will spew more illnesses, disorders, infections, infestations, and devastations.

I urge us to address the relation between the militarised-capitalist-supremacist mindset and the living body of the earth. The latter includes you and me, our beloved human families, friends, communities and peoples, and also our non-human kith and kin. In this essay, I refer to the former as The Patriarch.

~~~

An active extermination event is at large, distinct from previous mass deaths of species through passive geologic processes. The current event involves slavery, ecocide and genocide. To understand Covid-19 while this is going on, would be like trying to understand a friend or family member’s 0.05% chance of dying from a natural ailment, when there is a psychopath with a shotgun in the room.

Domination, disorder, disease, debilitation, torture, slavery, unhappiness, fear, addictions, death and decay are essential for The Patriarch. Assembled from the reconstituted bodies of the living world, with extermination intrinsic to his existence, he will not stop until he consumes all. Ecocide and genocide are his mission.

The fundamental driving force of capital, I believe, is the imperative to conquer all life (including human bodies, hearts and minds). Unless this is negated, we cannot nurture the more subtle aspects of the enduring relationships between humankind and other-than-humankind.

While The Patriarch reduces many persons to touchscreen modalities, he confines and debilitates others. He even suffocates entire populations in the gas chambers of modern civilisation – the polluted cities – and burns others in wastelands resulting from the furnaces of his industries.

This kind of extermination has been going on for a while, perhaps since about 1492 when Europeans gifted smallpox wrapped in blankets to native Americans. Some people think it began way before, during the birth of civilisations – of militarised-hierarchical-extractive entities distinct from the myriad small cultures growing slowly over millennia in sustaining land bases. I find the nature of capital, particularly technocratic-militarised capital, egregious to a new extreme. The Patriarch is insatiable. I also believe he is insane. He has begun to devour his own body.

~~~

I am a conservationist living in a community in the rainforests of the Western Ghat mountains in southern India. I protect endangered species, restore rainforest habitat, and educate youth. We are many women in this place. Together with the men who also live and work here, we have an intimate knowledge of the plants and animals who create this biome, who are all sovereign beings in their own right.

These non-humans – or other-than-humans – also give us our foods and medicines, our ecologies and cultures, our material and immaterial bases. In return we try to protect them, nurture them, and see them through these terrible apocalyptic times. Together we work on a collective ecology, acknowledging our inseparableness from each other in the web of life. We are deeply intertwined through our physical beings: our cells, juices and tissues, our senses, limbs and nerves, and every organ and follicle. Through our bodies we create cultures, biomes and ecospheres. All these are being exterminated by the toxic forces of technologised-capitalistic patriarchy.

It is indeed my deep and fervent wish to examine the work of an unsee-able, unknow-able micro-being on humans. But I believe this will never be wholly known, and certainly not in a reductive way.  Reciprocal mutualistic relationships rooted in interbeing grow in intimacy while remaining free and wild. They are like a dance between creatures – between men, women and others; adults and children; humans and nonhumans; between plants, animals, fungi, clouds, winds, rain, rocks, mountains, algae, forests, grasslands and oceans. This mutualism includes viruses, and the SARS-CoV-2 virus, too.

However, I believe the pandemic needs to be examined in the infernal light of omnicide (planetary to cellular). We cannot afford to ignore the background to the viral outbreak. We cannot forget the various “cides” that are going on – ecocide, gynocide, bactericide, fungicide, vermicide, infanticide, weedicide, genocide, climate-cide – and even cosmocide, the destruction of a cosmic body, the planet.

We are not at the beginning of a catastrophe, as the climate-mongers will have us believe. Rather, we are already towards the end of an altogether incomprehensible horror. The orchestration of capital through this pandemic threatens further the direct perception of The Patriarch’s endgame. He wreaks further havoc on his hapless slaves through various fear tactics. He exerts his enormous machines on all his subjugates such as indigenous peoples, marginalised classes, races and castes, women and children. He deploys them on the last forests, waters, winds and habitats. All the above, human and non-human, are swept under the rubric of “resources to be managed”. He also invents new enemies from the very body of the earth which sustains him, like the SARS Corona Virus.

~~~

As an ecologist serving the rainforests of the Western Ghats, it has been my lifelong enquiry to look at how a biome can recover from assault – from colonial-neocolonial-capitalistic-civilisational assault. I know, and the biome knows, that it can heal from most travesties and injuries, and that it will do its utmost to replenish itself and the planet. But the opposing faction, which for the moment we are calling The Patriarch, is gathering momentum. For the arsenal he has accrued – an arsenal built and assembled from the living body of the planet – is in fact, simultaneously disassembling, as he is now also turning on himself. He is running out of other resources.

In this utter disconnect, a monstrous creature devouring himself, he further debilitates humans and non-humans and the living community of earthly existence. He is not open to reason, though he sounds like he is. Nor is he open to life, though he needs it and appropriates it, particularly its very metabolic and life-engendering powers. Saying he is allied to the natural world, he severs himself from it in manifold ways. It doesn’t take much to see that The Patriarch’s language alienates him from his own body, and the body of the earth and the people. His actions separate him more and more from humans and non-humans, without whom he would perish in an instant.

There is no doubt, for me, that The Patriarch’s machinery must stop. My sincere observation is that only non-humans will stop him. Humans are at a gun point more insidious than what non-humans face. Non-humans are not hooked as humans are to The Patriarch.  None of the other species – the ones within us and the ones without, those who inhabit our human bodies (the micro-biomes and macro-biomes without whom we could not even have a so-called human existence), and those whose bodies within which we dwell – none are dependent on him. They don’t need him for anything.

~~~

As of this writing, 0.05% of the human population has died from Covid, according to the WHO. The BBC news earlier this week said another half-million people in Europe will die by next year, unless vaccinated. If the data are to be believed, and if the projections are to be trusted, perhaps 5 million people will die altogether from Covid-19. We must do everything to prevent such a terrible thing. Of course. But, critical to recovery of humankind from its various acute and chronic ailments is a return of habitat, of clean air, and clean water, and nature-based relationships for humans to dwell amongst. The cleansing of lungs and livers and other organs, the opening of the senses, and the revival of rivers and wetlands, oceans and aquifers, and the vast ancient forests and human-non-human relations requires The Patriarch to be stopped. Humans are more dependent on all these than we are on The Patriarch.  Whom to choose? The Patriarch, or life?

~~~

I’ve heard it said that the virus has no moral brief, but the starker reality is that it carries with it a potent ecological brief, a message saying that unless the world is fecund again, pandemics will speed up the obliteration of the human species, itself a marvelous creation of nature, already weakened by war, by generations of slavery to capital, by poison and dead-numbing effects of digital weaponry, radiation, forced migration, wage slavery, mental anguish and terrible violence on women, children, people of colour and indigenous peoples – all required by The Patriarch as cogs in his capitalist-industrial-technocratic machine.

~~~

The virus, invented in a laboratory or not, is a biological entity that enters human bodies, causes symptoms as it goes about its own mission, propagating itself, tangling with host genomes, creating new conditions, challenging us in its own way, and like any infection, or deemed infection, it pushes our immune systems. Other viruses create other conditions, many of which are beneficial. Overall, the benefits outweigh the diseases.

The virome consists of vast assemblages of viruses in each and every body, habitat and biome. It surrounds us, fills and subsumes our every thought, breath and action. Viruses are the most abundant biological entities on earth. They make us who we are. Like with every aspect of the living cosmos, much of what happens is beneficial, and viral life seems to beget more life, creating our genetic identities. Evolutionary studies show that all life begets more life, despite the occasional disruption or cataclysmic event.

~~~

If invented, then the virus is not different from other invented beings, like dog breeds, plant breeds and even the eugenist caste creations, where, through exercise of a supremacist caste or class’s control, another caste or class or creature’s love, life and passions are harnessed, culled, consumed, engineered, enslaved, extorted, and artifacted to serve the supremacist project (factory farms, factory labour, pet industry, plant industry, monoculture agriculture, industrial fishery, dams-on-rivers, humans-in-slums, human trafficking, domestic labour, untouchable peoples and many more forms of subjugation).

~~~

Domesticated dogs go feral sometimes. They attack people sometimes. The dogs get impounded, spayed or killed, and there is a furor for a while. Domesticated plants go feral sometimes, usually after generations of breeding and enslavement, or after a natural disaster, like a volcanic explosion, or the desertification caused by modern civilisation. They, too, seem to invade territories controlled by humans for other purposes, including other plants deemed more useful. The new problem plants get weedicided, eradicated, and turned into biomass for some other project. This phenomenon gets new names, such as “the science and practice of invasion biology.”

Humans too, go feral, sometimes. They try to take back the control and agency they were systematically denied. They become targets of world leaders and other supremacists.

Now the virus is going feral. Viral. The solutions to this are confinements, containments, fear-mongering and authoritarian technics such as lockdowns and mandates regarding vaccines.

In all these instances, the aggressors, the hosts, the pathogens and the victims are actually contingent to the projects of The Patriarch.  Besides, we all know that this virus and its quick evolving progeny can beat any vaccine. We all know The Patriarch needs the virus, the vaccines and human beings.

The Patriarch needs life for all his projects. It is his own dependency on human and non-human others, that he hates more than anything else. Would that we were all machines! He would not be so burdened, guilty, tormented. Machines can be turned on and off, in an instant.

~~~

During the lockdowns, the stopping of vehicles affected every human and non-human. A great number of humans were corralled in. There was no traffic. Other humans and non-humans surged onto streets. The exuberance of the latter offset the tragedy of the former (people desperate to get home). Many studies show that when air, water and land traffic stopped, biodiversity increased in most areas. This was true in our home in the Western Ghats too. Freshwater life had a reprieve from the pesticides washing into the streams and rivers. Insects bred unhindered by insecticides (momentarily unavailable because of the collapse of supply chains). Everywhere, people started gardening in balconies and yards, while others returned to hunting and foraging. Although this hurt some non-humans, overall, it was a return to another kind of life, and a far more direct existence. In the forest, friends reported seeing animals come closer, and they also reported some increase in illegal hunting. Men forced to take to the gun instead of the shopping bag. Men have always hunted for food. Now this ancient way of living is illegal only because The Patriarch legitimises another kind of degradation; the devouring of the land by his forces to feed his industrial systems and machines, including the slaves that work them and now wholly depend on them.

Actual human impact on this forest, man to tree, man to river, women to plants, people to the commons, is minimal compared to the post-Hiroshima assault on the whole biome. We cannot equate hand to hand combat to the unleashing of a nuclear or chemical arsenal, like Round up or Endosulfan or Agent Orange. Or the arsenal of earth-moving machinery.

~~~

I’ve heard that whales could once again hear each other sing underwater during the lockdowns, because of the reduction in ocean traffic. Friends say Olive Ridley turtles increased in certain coastal areas for a brief period, because of a near complete halt in trawling and netting. Air pollution dropped because of the grounding of aircraft, and great murmurations of birds could fly freely without hindrance from war planes and cargo planes and passenger planes. I know from my personal experience that I could walk through the streets of Bangalore without my eyes smarting from pollution, and I saw more birds and butterflies in the city than ever before. The resilience of life is obvious. It’s possible to see what it is capable of all the time.

I know the resilience of  my own body, of human beings, non-human beings and of the great earth herself.

~~~

The increase in human numbers by over 4% in this same period overshadows the effect of one life form on another, but is not mentioned. However, human will is even more broken and hijacked by the Patriarch’s projects, by capitalism. Furthermore, the increase in other kinds of machines, industrial infrastructure and invasive medicine (all wreaking ecocide or genocide somewhere in the world) pales, in turn, the effect of the increase in human numbers, and even more the effect of one little, invisible life form on some of humankind.

I also heard that young people turned suicidal, and that mental illness rose during this great human confinement, another term for the lockdowns. Already estranged from the rest of the cosmos, modern humans are even more lonely. Indigenous people know the antidotes to loneliness and breakdown are communities of humans and non-humans. The Patriarch and his henchmen divide millions more from their loved ones while they live and also while they die. I cannot think of anything more terrifying than this.

~~~

As a rainforest activist, it is my daily work to find alliance amongst humans and non-humans to stop further assault. This is no simple task, as most humans see the so-called benefits of capitalism as great, and that life has never been so good. The assault on their bodies through the toxification of the environment, which has led to severely compromised immune systems – a necessary precondition for new diseases to run rife – is unperceivable, because of clever filters in place, addictions, and the numbing effects of petroleum-based lifestyles. Most people are hooked to modern capitalistic systems as providers of life, healers of disease and rescuers from death. A capitalist technocrat is like God. He is a life-giver and a death-controller. He can also assuage, deprive, save, confine and kill in the name of God, or science, for whatever he considers to be the greater common good. To which we are all subject. To which we cannot say no. This great hijacking of the human will is the horrific achievement of the pandemic.

So I seek alliance amongst those not yet wholly hijacked.

~~~

As a rewilder and restorationist, it is my sworn mission to salvage the ones burned, maimed, poisoned or reconstituted from the living earth by the fires of industrial civilisation. My friends, comrades and I run refuges for non-humans, and also humans. We see the need for safe houses, halfway homes, and intensive care units for our plant and animal kith and kin, and also for women, children, marginalised and indigenous peoples, and anyone wishing to break free from The Patriarch’s projects. We need every possibility to regroup and re-enter relationships where humans and non-humans can support each other, so that we may resist the last onslaughts.  I find rewilding to be a worthy vocation.

As a member of the web of life, of the still substantial community of life, I try to unravel the effects of one member of this community, the virus, on another member of this same community, the human being.  Unfortunately, without addressing the mission of The Patriarch, of omnicidal capital, we cannot examine our true relations with our non-human kith and kin.

~~~

Humans are slaves to The Patriarch.  So is the great planet with its winds and lands and waters with trees and elephants and butterflies. So are the forests of my region. The Patriarch needs us alive and needs us dead for his project. It’s a real question how liberation will come.  With a domination imperative unique in the entire life of the cosmos, he needs dead wood and living wood and feral wood (ecosystem services of forests). He needs dead water and living water and feral water (for irrigation, tidal and hydropower). He needs dead wind and living wind and feral wind (for air-conditioning, ventilators and turbines). He needs dead plants and animals and living plants and animals and feral plants and animals (for food and medicines and now for climate-saving biodiversity). Now he even needs dead fungi and living fungi and feral fungi (for more biodiversity). He needs dead viruses and living viruses and feral viruses (for evolution and now for vaccines and the great global reset). He needs dead humans, and living humans and feral humans (for research, trade, war and terrorism and slavery).

~~~

I see Covid-19 as a project of The Patriarch, of supremacist powers in the ruling class destroying people and saving people. Our lives are clenched in their hands. They have become the arbiters of human-non-human community, of the very web of existence. They give life, and they take away the foundation of life, through creating new hooks and needs. At the same time they destroy genuine relationships and our capacity to remember what the land was once like. However, because life is as powerful as it is, and because the forests are as resilient and fecund as they are, the world leaders and technocrats aim to harness life’s myriad powers for their projects. Where before they sought land, spices,  plants, animals and slaves from the global South, and wood, water and minerals, now they hunt ecosystems and planetary forces (tides, sunshine, clouds, biomes (evolution itself) and slaves everywhere. It is the exuberance and wholeness of life that they seek to devour to fuel their existence.

~~~

I am witness to the land coming alive every moment of every day, so I know the full powers of life are still working. Life’s fecundity is unstoppable, it surges under every type of condition. Like the pigs in factory farms who have babies under impossible conditions, or men and women growing families during war, or forests having baby forests even when the whole climate is shifting, life creates life all the time and everywhere. The ever-entwining forests and winds and waters, with their immense creative forces, both tantalise and threaten The Patriarch, because life achieves with joy and felicity what he cannot ever do. He cannot create life yet, he can only try to force it to create itself. Whether under gun point or nuclear blasts, or dioxins in the cell of every creature, life is the regenerative force he wishes to tap into. Genetic and geologic engineering are only steps along the way.

~~~

I, too, am a creature of nature. Endowed with a particular passion, a wonderment of what this alive, half-alive, wild, half-wild, feral, domesticated, enslaved, tortured way of existence is. Aware that I am a part of all this through my body, my mind, my senses and other faculties, I experience inter-being in everything I do, everything I am, in every aspect of my body-being. I cannot even call it mine, as I feel the work of the forest through the lungs, and the skin and the gut and the mind of this body, itself a biome of sorts. This is the awakening from the nightmare that happened after some years of living here. I came alive to the undeniable truth that we are all inextricably intertwined. That ecology is the non-negotiable, ever-vital matrix in which I am completely held. That I also take part in it, through every action, and non-action, even in my sleep and dreams. As I awoke to The Patriarch’s shadow project, I awoke to the natural world’s life engendering service. Ecology makes more of itself and lives and thrives upon itself. Capitalism, the latest and most devastating avatar of patriarchy, and of ego, makes more of itself and lives and feeds upon its now disassembling self.

~~~

The Patriarch forms himself not in the image of some god; he tries to gain advantage to himself through the exuberance of life. His ego needs our eco.

However, he is a toxic mimic, imitating the form of creation but not its content. He is bent on destruction; total annihilation.

Unlike life. She lives and thrives through community and love and joy and play and inter-being and fecundity and beauty.

~~~

In solidarity with Kurdish women in their extraordinary mission, and through these thoughts, joining the clarion call for Life to overrun the patriarch wholly: to dismantle every cog and wheel of his stupendous machine. Let’s unhinge him. Let’s ally with eco, not his insufferable ego!


Suprabha Seshan is a rainforest conservationist. She lives and works at the Gurukula Botanical Sanctuary, a forest garden and community-based conservation centre in the Western Ghat mountains of Kerala. Her essays can be found in The Indian Quarterly, The Indian Express, Scroll.in, Hard News, and Economic and Political Weekly. She is currently working on her book, Rainforest Etiquette in a World Gone Mad, forthcoming from Context, Westland Publishers. She is an environmental educator and restoration ecologist, an Ashoka Fellow, and winner of the 2006 Whitley Fund for Nature award.

How Corrupt Governments Use The Law to Punish Environmentalists

How Corrupt Governments Use The Law to Punish Environmentalists

Editor’s note: Monday’s article covered the murder of environmentalists—at least 207 were killed last year. These killings are the extreme end of a spectrum of violence and repression used against environmentalists and land defenders. Another weapon on that spectrum is draconian laws that prioritize business interests over communities and the natural world.

These laws are common globally. Here in the United States, for example, corporations have more rights than human beings and protests are increasingly criminalized. Today’s story comes from Indonesia, where a new mining law is being used to punish activists. These measures are a predictable corporate/government response to grassroots resistance movements, and they must be fought.

It’s also noteworthy that these laws may unintentionally lead to an increase in underground action and eco-sabotage, as clandestine action may be both a safer and a more effective option when civil dissent is outlawed.


By / Mongabay

  •  Activists in Indonesia have highlighted what they say is an increase in arrests of people protesting against mining activity since the passage of a controversial mining law in 2020.
  • They’ve singled out the law’s Article 162 as “a devious policy” that’s meant to quash all opposition to mining activity, even at the expense of communities and the environment.
  • Of the 53 people subjected to criminal charges for opposing mining companies in 2021, at least 10 were charged with violating Article 162, according to one group.
  • Groups have filed a legal challenge against the law, seeking to strike down Article 162 and eight other contentious provisions on constitutional grounds.

JAKARTA — In the nearly two years since Indonesian lawmakers passed a controversial mining law, the legislation has increasingly been used by police to arrest villagers and local activists opposed to mining operations on their lands.

Human rights activists, including the national rights commission, Komnas HAM, have criticized the law, an amendment to an old mining law, for its provisions that are widely seen as undermining the rights of local communities for the benefit of mining companies.

“After the revision of the mining law [in May 2020], Article 162 has often been used to silence people’s fights against mining operations,” Melky Nahar, campaign head for watchdog group Mining Advocacy Network (Jatam), told Mongabay, referring to the most contentious provision in the new law.

Article 162 states that “anyone who hinders or disturbs mining activities by permit holders who have met the requirements … may be punished with a maximum prison term of one year and maximum fines of 100 million rupiah [$7,000].”

Of the 53 people subjected to criminal charges for opposing mining companies in 2021, at least 10 were charged with violating Article 162, according to Satrio Manggala, environmental policy manager at the Indonesian Forum for the Environment (Walhi).

“So these people protested [against mining activity], but in their protests, they’re perceived as hindering and disturbing mining activity,” he said at a recent online press conference.

Hairansyah, a commissioner with the government-funded Komnas HAM, called the article “a major setback” as it poses “a serious threat to human rights defenders.” He said the article goes against the 2009 law on environmental protection, which states that no criminal charges may be brought against anyone for campaigning for their right to a clean environment. Activists warn that Article 162 adds to a growing list of measures encouraging the prosecution of dissent against extractive and other environmentally harmful activities.

Matras beach in Bangka Belitung province, Indonesia. Image courtesy of Vebra/Wikimedia Commons.

‘To cripple people’s fight’

Prosecutions under these measures are known as SLAPP, or strategic lawsuits against public participation, and in the case of the mining law’s Article 162, they have proliferated in the past two years.

In December 2020, state-owned tin miner PT Timah pressed charges against 12 residents of the fishing village of Matras, on the island of Bangka off Sumatra, after they boarded one of its vessels in a protest. The company said the villagers had disrupted its operations, in violation of Article 162.

The villagers justified their actions as an act of protest against the company’s mining activities that they said had disrupted their livelihoods, reducing their daily fish catches by nearly 90%.

In November 2021, residents of Tuntung village on the island of Sulawesi blocked the road leading to a nickel mine run by PT Koninis Fajar Mineral (KFM), also in protest against the environmental impact of the company’s activities. They saidthe water in their village had been polluted by KFM’s operations.

Following the protest, local police summoned and questioned at least 13 of the protesters under the pretext of Article 162 violations.

On Dec. 29, some of the villagers reported the police to the local office of Komnas HAM, saying they felt they were being criminalized under Article 162. On Jan. 4 this year, the rights commission sent a letter to the police asking them to stop any legal proceedings against the villagers.

In the letter, Komnas HAM called Article 162 a contentious tool for silencing the voices of people defending their rights against mining activities, and pointed out that the public’s rights to gather and express their opinions are guaranteed under the Constitution and the 1999 law on human rights.

Jatam’s Melky said there was no question that the use of Article 162 by the police was aimed at stifling grassroots opposition. “This increasing trend of criminalization is not an effort to uphold the law, but to cripple people’s fight [against mining],” he said.

Villagers of Pasar Seluma in southern Sumatra, Indonesia, evicted from their protest camp by the police. In December 2021, the villagers set up an encampment in the mining area of PT Faminglevto Bakti Abadi (FBA), an iron ore miner, to protest against the company. Image courtesy of Walhi Bengkulu.

‘A devious policy’

The most recent case involving the use of Article 162 was the arrest of 10 people, including villagers and  activists, in Pasar Seluma village in southern Sumatra.

On Dec. 23, the protesters set up an encampment in the mining area of PT Faminglevto Bakti Abadi (FBA), an iron ore miner that they say never obtained their permission to operate in their area, and whose activities since 2010 have been mired in irregularities.

On Dec. 27, police bulldozed the protesters’ tents and arrested them, including Ayu Nevi Anggraeni, a villager who said they were dragged out of their tents like animals.

“We and our children were forcibly dragged. The police didn’t care for us,” she said at an online press conference. “We’re being treated like a thief or an animal even though we did nothing wrong. We didn’t provoke [anyone]. From deep within our heart, we want the mine to be closed.”

Another villager, who did not give her name, said she felt the same.

“We’re just asking for justice,” she said. “When we were being kicked out of the protest site, some police officers called us stupid. Why? We just want to defend our territory.”

The Pasar Seluma police chief, Darmawan Dwiharyanto, told local media that the forced eviction was a last resort after previous attempts to persuade the villagers to leave the site had failed.

Saman Lating, a lawyer representing the villagers, said police investigators had told him the villagers were arrested for disrupting FBA’s activities — that is, for violating Article 162.

“We know that this article is a powerful one in the mining law used by the powers that be,” he said at the online press conference. “This article is meant to perpetuate all mining activities in Indonesia.”

But Saman questioned the use of Article 162 in this case, given that it’s ostensibly meant to protect businesses that have the proper permits. This doesn’t appear to be the case for FBA, he said.

The company is allegedly operating without having conducted an environmental impact assessment, known locally as an Amdal, or obtaining an environmental permit. It has also allegedly failed to pay its post-mining reclamation deposit to the state as of 2018. The deposit, which is required of all miners, is meant to ensure that funds are available for rehabilitating the site once mining operations have ended.

FBA was also included on a list of companies whose mining permits were revoked by the Ministry of Energy and Mineral Resources in 2016. Rere Christanto, manager of the mining division at Walhi, said FBA had also violated at least 15 regulations by operating in coastal and protected areas.

Usin Abdisyah Putra Sembiring, a provincial councilor in Bengkulu, where Pasar Seluma is located, said FBA isn’t fit to operate because it hasn’t fulfilled all of its obligations. In addition to allegedly not having an Amdal and an environmental permit, he said, the company has never reported its environmental monitoring and management plan to the local environmental agency.

Mongabay has reached out to the environmental agency in Bengkulu to confirm the allegations but hasn’t received a response.

If all these allegations are true, said Saman the lawyer, then the police had no grounds for evicting and arresting the villagers protesting against FBA’s presence. By doing so, he said, “the law enforcers are working to justify the mistakes of the company.”

Walhi’s Rere said the case in Pasar Seluma is evidence of how the mining law has become a serious threat to people’s rights.

“What’s happening in Pasar Seluma further convinces us that the mining law is a devious policy used to eradicate people’s participation [in fighting for their rights],” he said.

Villagers of Pasar Seluma in southern Sumatra, Indonesia, evicted from their protest camp by the police. In December 2021, the villagers set up an encampment in the mining area of PT Faminglevto Bakti Abadi (FBA), an iron ore miner, to protest against the company. Image courtesy of Walhi Bengkulu.

Constitutional challenge

Activists from Walhi and from mining watchdog Jatam’s office in East Kalimantan province in June last year filed a constitutional challenge against the mining law. The challenge, known as a judicial review, seeks to strike down nine articles from the law on constitutional grounds, including Article 162.

In a hearing at the Constitutional Court on Jan. 5, Ridwan Jamaludin, the director-general of minerals and coal at the Ministry of Energy and Mineral Resources, said the article isn’t aimed at silencing protesters, but at providing legal certainty for investors.

It’s meant, he said, “to protect them from irresponsible people in a government effort to build a healthy climate for investment.”

Jatam’s Melky said this reasoning shows how the government is siding with companies instead of the people.

“His statement shows that the government is not working to guarantee people’s safety and [the rights to] their land, but just to make sure that the interests of companies are guaranteed without hurdles,” he said.

Melky added that during the legislative process to pass the mining bill into law, there was no public participation allowed. This, he said, explains the inclusion of provisions like Article 162.

“The problem is that nearly all mining policies in Indonesia [are issued] without involving the public as the rightful owners of land [in the country],” he said. “All [deliberation] is done behind closed doors.”

Walhi’s Satrio said this isn’t the first time Article 162 has been challenged in court.

The previous mining law also contained the same article, which critics challenged three times at the Constitutional Court. The court eventually ruled that the restrictions prescribed in the article could only be applied to people who have sold their lands to mining companies, and not to all individuals who oppose mining operations, Satrio said.

But when lawmakers passed the amended law in 2020, they reinstated the same old article that the court had ruled unconstitutional, and not the updated version from the court.

“We initially thought that when the mining law was amended in 2020, the article would disappear, or at least the version from the Constitutional Court will be used,” Satrio said. “However, the article reappeared in its complete form, which led to many victims [of criminalization] in 2021.”


 

Is colonial history repeating itself with Sabah forest carbon deal? (commentary)

Is colonial history repeating itself with Sabah forest carbon deal? (commentary)

This story first appeared in Mongabay.

Editor’s note: THE FIRST LARGE SCALE NATURE CONSERVATION AGREEMENT (NCA) IN THE WORLD. You should be afraid, very afraid. (NCA) is a different acronym for (NGO). It is the new colonialism, green , clean and renewable. The market will not solve climate change or loss of biodiversity. The market can only cause those problems. Don’t let them tell you otherwise. Free and Informed Prior Consent and may I add control by keeping corporations out. Abolish all corporations and their money.

By

  • To the surprise of Indigenous and local communities, a huge forest carbon conservation agreement was recently signed in the Malaysian state of Sabah on the island of Borneo.
  • Granting rights to foreign entities on more than two million hectares of the state’s tropical forests for the next 100-200 years, civil society groups have called for more transparency.
  • “Is history repeating itself? Are we not yet free or healed from our colonial and wartime histories?” wonders a Sabahan civil society leader who authored this opinion piece calling for more information, more time, and a say. 
  • This post is a commentary. The views expressed are those of the author, not necessarily of Mongabay.

“Bornean communities locked into 2-million-hectare carbon deal they don’t know about” – 9 Nov 2021, Mongabay

This was the headline Sabah woke up to on the morning of November 10th. Before the Mongabay story broke, I heard from Australian friends and allies as early as July that something was afoot. Forests, carbon, climate and communities are core to our collaborative work between civil society and government. I asked colleagues in government if they had any information but did not hear a clear response.

Over the weeks, I heard increasingly ominous whisperings. On 28 October, I received an email from international partners who had seen a Sabah deal – claimed to be signed in August – mentioned by external corporate entities in presentation materials. They were curious if I knew anything about it.

The materials were presented by Tierra Australia, Hoch Standard and Global Natural Capital (GNC) – seemingly Australian, Singaporean and Malaysian entities. Here are two slides from the 43 pages I received:

Screenshot of slide 11 of 14 slides presented by the three companies.

A month later, I’m still struggling to understand why and how this happened – and why we had to learn about it from outside Sabah.

Much has been revealed since then. We’ve now read numerous press articles, social media posts and reposts. We’ve seen online videos of the home offices of our new partners and footage of Hoch Standard’s Corporate Advisor Stan Golokin representing Sabah at COP26 in Glasgow, explaining carbon. We’ve read fact sheets and due diligence reports and realized that we don’t know who Sabah has signed this deal with. And some of us attended a briefing where Datuk Dr. Jeffrey Kitingan and team ‘mansplained‘ the deal to the public and civil society, after the deal was made.

But we have not heard the truth.

Read a November 24, 2021 update on this developing story here.

Screenshot of slide 21 of 21 slides presented by Tierra Australia & GNC, naming Hoch Standard as partner.

I identify as a community member of Sabah. I care about what happens to this tanahair (homeland) we belong to, over the next 100 years and then 100 years beyond that and onwards. I worry about whether our future communities can have food and water, and can be safe, self-determined, and sovereign. I aspire to be a good ancestor.

I, like many people in Sabah, yearn for true leadership that I can trust. I have zero tolerance for vague, unintelligible platitudes and half-truths disguised as leadership. It is an insult to our intelligence.

When will we finally stop with messiah/savior politics? With leaders who only have one tune in their repertoire – divide and rule with promises of wealth – and whose approach to fighting Federal Patriarchy, nationalism and ketuanan (patronage) involves using the exact same rhetoric? I urge us to get out of this delusional and dysfunctional trance before we lose everything and ourselves with it.

With the British North Borneo Chartered Company/Hoch Standard/Tierra Australia, is history repeating itself? Are we not yet free or healed from our colonial and wartime histories? Are we still riddled with illusions of inferiority and such self-doubt that we will step away from responsibility and sovereignty again? And hand our power, our rights, to those who have no idea who we are and what tanahair means?

primary forest in Danum Valley Conservation Area, Sabah, by John C. Cannon/Mongabay
Primary forest in Danum Valley Conservation Area, Sabah. Image by John C. Cannon for Mongabay.

Has patronage politics disempowered us and debilitated our agency? How can we stand back while discourse and democracy are replaced by silence and blind loyalty to the “lord” (Tuan, Datuk, Tan Sri, Bos, etc.)?

The more our doors are closed, the less transparent our processes become, and the wider the division between us. The more divided we are, the more future-altering decisions are made for the majority by a disconnected few. The more this is normalized, the smaller and less human we become, and more corruption breeds.

Two million hectares is more than a quarter of Sabah, two million hectares of forests is more than half our forests, 100 years is about four generations, 200 years is double that.

This is big. So big and so long that Sabahans deserve and need information and time – and a say.  We do not want to be presented a gift of a done deal with bags of money (to perpetuate patronage politics); prior and open fact-sharing, communication and consultation is what we want and in fact demand from our leaders.

Sun bears (Helarctos malayanus) are among the many charismatic wildlife species found in Sabah. Image by John C. Cannon/Mongabay.

Many of us in the social and environmental justice and conservation fields have spent decades working on a range of issues with growing intersectionality. We have nurtured real and trusting relationships both on the ground in Sabah and out in the world. We sought and continue to seek political and societal will and ambition for an equitable, climate-resilient future for Sabah.

We collectively, and in collaboration with Sabah’s civil service, have the confidence, capacities, expertise and partnerships necessary to build a home-grown, bottom-up process: a Sabah process. We do not require the unknown services of a Tierra Australia or the benevolence of a Hoch Standard to tell us who we are, what we have and how we need to manage it.

Is it possible to salvage this moment for Sabah?

Clean up, repent, learn. Pick ourselves up and build a self-governing, sovereign carbon future for Sabah.

I am speaking up in the absence of truth.


Cynthia Ong is founder and Chief Executive Facilitator of Land Empowerment Animals People (LEAP) in Sabah.

Disclaimer: The opinions expressed above are those of the author and do not necessarily reflect those of Deep Green Resistance, the News Service or its staff.