Documentary follows Attawapiskat’s journey from obscurity into the international spotlight
Downstream from a De Beers diamond mine, the remote community of Attawapiskat, Ontario lurches from crisis to crisis, while facing mounting environmental issues and an inability to directly benefit from resource revenues.
Filmed over five years, After the Last River is a documentary that follows Attawapiskat’s journey from obscurity and into the international spotlight during the protests of Idle No More. Filmmaker Victoria Lean connects personal stories from the First Nation to entwined mining industry agendas and government policies, painting a complex portrait of a territory that is a imperiled homeland to some and a profitable new frontier for others.
SYNOPSIS
In the shadow of a De Beers mine, the remote community of Attawapiskat lurches from crisis to crisis, while facing mounting environmental issues and an inability to directly benefit from resource revenues. Filmed over five years, After the Last River is a point of view documentary that follows Attawapiskat’s journey from obscurity and into the international spotlight during the protests of Idle No More.
After the Last River is a complex examination of a community under pressure. Poverty, neglect, and isolation combine to force the remote reserve of Attawapiskat into accepting a De Beers diamond mine on it’s traditional territory. As the mine removes billions of dollars worth of diamonds, the promised jobs barely materialize and the community is threatened by potentially devastating contamination.
Filmmaker, Vicki Lean, follows the remote reserve’s five-year journey into the international spotlight. Through interviews with executives and government, and day-in-the-life footage of the community, Lean weaves a tapestry of the issues effecting indigenous rights today.
After the Last River connects personal stories from the First Nation to industry agendas and government policies, painting a complex portrait of a territory that is an imperilled homeland to some and a profitable new frontier for others.
Featured image: September 21, 2012: Members of the Lummi Nation protest the proposed coal export terminal at Cherry Point by burning a large check stamped “Non-Negotiable.” The tribe says they want to protect the natural and cultural heritage of the site. Photo by Indian Country Today Media Network.
The Lynden Tribune newspaper made the decision to publish a December 23, 2015 opinion piece submitted by Chair John Huntley and President Brad Owens of the Northwest Jobs Alliance (NWJA). The NWJA advocates for the proposed Gateway Pacific Terminal (GPT) project. Their op-ed leveled unsubstantiated, defamatory allegations at unnamed “leadership” of the Lummi Nation, a self-governing Indian Nation, and those allegations could easily be perceived as having been leveled at Lummi Nation as a whole.
Canoe and murals in the Lummi Administrative Building
The Lummi, a Coast Salish people, are the original inhabitants of Washington state’s northernmost coast and southern British Columbia. The Lummi Reservation is located in western Whatcom County, and it is governed by the Lummi Indian Business Council (LIBC), an eleven member tribal council.
NWJA’s December 23, 2015 Lynden Tribune op-ed claimed that “the current leadership of the Lummi Nation has embarked upon a campaign against the working families of Whatcom County.” In an attempt to support that inflammatory claim, NWJA pointed to a December 10, 2015 letter from Kirk Vinish of the Lummi Nation’s Planning Department. However, a review of that 2-page letter produced no evidence to support such a claim.
In NWJA’s opinion piece, Huntley and Owens also alleged that Lummi Nation leaders are proposing the elimination of existing Cherry Point industry jobs. They provided no evidence whatsoever to support such a claim.
Excerpt from NWJA’s December 22 comment letter to the Whatcom County Planning Commission
As if it weren’t bad enough that NWJA submitted its defamatory op-ed for publication in a local newspaper, the Alliance launched a second strike aimed at Lummi Nation leadership the day before, by submitting a December 22 comment letter to the Whatcom County Planning Commission, on the currently ongoing Whatcom County Comprehensive Plan Update.
The comment letter was a slightly revised version of NWJA’s op-ed published in the Lynden Tribune, containing the same unsubstantiated accusations. NWJA’s inflammatory comment letter is now part of the official public comment record for the County Comprehensive Plan Update which the Whatcom County Council will review prior to voting on the final language to be included in the plan update. The fact that the Council is also one of the decision makers on permits needed by PIT for its GPT project makes NWJA’s comment letter “comprehensively” reprehensible.
GPT threatens Lummi treaty rights
GPT would be sited along the Salish Sea shoreline, at Xwe’chi’eXen, part of the Lummi Nation’s traditional fishing area. Xwe’chi’eXen is the Lummi peoples’ ancestral name for Cherry Point, an area which has a deep cultural, historic and spiritual significance to the Lummi people, as it was a village site for their ancestors for over 175 generations.
The projected coal export terminal threatens Lummi treaty rights, the salmon they depend on, their Schelangen (“Way of Life”), and the cultural integrity of Xwe’chi’eXen. LIBC Chairman Tim Ballew II sent a January 5, 2015 letter to the U.S. Army Corps of Engineers Seattle District Commander, Colonel John G. Buck, asking the agency to take immediate action to deny the GPT permit application.
In that letter, Chairman Ballew stated that the GPT project “will directly result in a substantial impairment of the treaty rights of the Lummi Nation throughout the Nation’s ‘usual and accustomed’ fishing areas.” Ballew also wrote that “The Lummi Nation is opposed to this project due to the cultural and spiritual significance of Xwe’chi’eXen, and intends to use all means necessary to protect it.” He added that the Lummi Nation has a sacred obligation to protect Xwe’chi’eXen based on that significance.
Page excerpt from “Protecting Treaty Rights, Sacred Places, and Lifeways: Coal vs. Communites,” presented by Jewell James, Lummi Tribal Member and Head Carver, Lummi Tribe’s House of Tears Carvers
The U.S. Army Corps of Engineers (“the Corps”) is the federal agency tasked with coordinating and handling the environmental review for the GPT project, and it is legally obligated to ensure that the Lummi Nation’s treaty rights are protected, and are not violated. Currently, the Corps is in the process of making a determination as to whether impacts to any tribes’ U&A (usual and accustomed) treaty fishing rights are more than de minimis, meaning too small or trivial to warrant legal review.
Article VI of the U.S. Constitution which includes the clause that establishes treaties made under its authority, are the supreme law of the land
SSA Marine consultant Craig Cole, Director for NWJA
The Northwest Jobs Alliance (NWJA) was created to promote and advocate for the GPT project. For the first few years, NWJA consisted solely of a Facebook page, after that page had been created in May of 2011. NWJA’s original mission statement that had been displayed for years on its Facebook page read: “The Alliance focuses their efforts on supporting the Gateway Pacific Terminal. . .” For almost three years, NWJA’s Facebook page showed “www.gatewaypacificterminal.com” as its website address, and the phone number displayed had been a non-working number.
Several articles appeared in Whatcom County citizen-based publications during the summer and fall of 2014, criticizing the legitimacy of the NWJA and likening it to a front group, as it did not have a working phone number or a website other than the official GPT website. Subsequently, NWJA made some changes. In fall of 2014, the NWJA added a working phone number, created a website for its online presence, and changed its listed website address on its Facebook page from “gatewaypacificterminal.com” to “NWJA.org.”
Presently, the NWJA website states the following as its mission: “The Northwest Jobs Alliance (NWJA) promotes the growth of family-wage jobs in the context of sound environmental practice.” Also, there is no mention of GPT on the NWJA website’s Home page where the organization’s mission and focus are explained. Instead the general term “Cherry Point industrial area” is used.On October 23, 2014, NWJA was filed as a non-profit corporation, according to the Washington Secretary of State website. SSA Marine’s paid local consultant for the GPT project, Bellingham resident Craig Cole, is the listed Director for NWJA.
Since its inception, NWJA has had a steady turnover of co-chairs, all of whom have been very public advocates for the GPT project. Presently, Brad Owens is listed as NWJA President and John Huntley is listed as NWJA Chair. Huntley owns Mills Electric, a Bellingham electrical contracting company. Owens, a Bellingham resident, is the past President of the NW Washington Building & Construction Trades Council.
Some people confuse the “Northwest Jobs Alliance” for another similarly titled GPT advocacy organization called the “Alliance for Northwest Jobs and Exports.” It’s worthwhile to distinguish between the two, although promoting the GPT project has been the central intended purpose of both groups.
Cloud Peak Energy and BNSF govern Alliance for NW Jobs & Exports
The Alliance for Northwest Jobs and Exports (ANWJE) was first presented to the public as a grass-roots organization, when it was actually created in 2012, by Edelman, the world’s largest public relations firm, which was hired by SSA Marine to do public relations work for the proposed GPT project.
According to the Washington Secretary of State website, ANWJE was filed as a non-profit corporationin July 2012. The “Governing Persons” listed are Todd O’Hair and Zak Andersen. Todd O’Hair is currently Senior Manager, Government Affairs for Cloud Peak Energy Inc. which has a 49% stake in SSA Marine/PIT’s GPT project. Zak Andersen is presently Assistant Vice President, Community and Public Affairs for BNSF Railway. BNSF is the applicant for GPT’s interrelated Custer Spur project and would be the railway transporting coal mined in Montana and Wyoming to GPT. ANWJE’s website describes its group as a “non-profit trade organization that supports new export projects in Oregon and Washington State…”
BNSF Railway, SSA Marine, and Cloud Peak Energy are listed on the ANWJE’s membership list, which is comprised of companies and other entities which stand to benefit financially from the coal export terminal. So, this “non-profit trade organization” was created by the public relations firm hired by the GPT applicant, and it is governed by an employee of BNSF, the applicant for the interrelated Custer Spur project, and by an employee of Cloud Peak Energy, which has a 49% stake in SSA Marine/PIT’s GPT project.
NWJA’s attempt to drive public opinion against Lummi opposition to GPT
Whatcom Tea Party board member Kris Halterman hosts a local Whatcom County KGMI talk radio show, “Saturday Morning Live” (SML). On her September 12, 2015 SML show, Halterman hosted NWJA President Brad Owens, and together, they advanced an unsubstantiated, defamatory assertion that NWJA (the entity behind the Lynden Tribune op-ed) had previously purported in its August 20, 2015 letter to the Corps—that there is “an apparent motive behind the Lummi Nation’s opposition to the Gateway Pacific Terminal project (and completion of the EIS process)not connected with treaty rights.” [italicized emphasis theirs]
Joining in those activities against Lummi opposition to GPT, was the Political Action Committee SAVEWhatcom, headed up by Halterman, whose name pops up in most everything GPT-related. The SAVEWhatcom PAC was the vehicle for Gateway Pacific coal terminal interests to fund 2013 and 2014 local Whatcom County election political campaigns with over $160,000, which, if successful, would benefit those interests.
February 5, 2015 post from the SAVEWhatcom Facebook page
One month after the LIBC’s January 5, 2015 letter to the Corps, Halterman’s SAVEWhatcom placed a February 5 post on its Facebook page which disparaged the Lummi Nation and its Silver Reef Casino in what appeared to be an attempt to drive public opinion against the Lummi Nation’s strong oppositional stance to GPT.
Then, in an August 12, 2015 comment letter to the Whatcom County Planning Commission, NWJA seemed to pit “working families” who were characterized in the letter as “some of the very people who patronize Lummi enterprises”— against what was described as “tribal aspirations.” Echoing that previous tack of drawing attention to the Lummi Nation’s enterprises while at the same time denigrating the Nation with groundless claims, the NWJA referenced the Lummi Nation’s Silver Reef Casino in their December 23, 2015 Lynden Tribune op-ed. That excerpt read:
“And it saddens us to observe that the current leadership of the Lummi Nation has embarked upon a campaign against the working families of Whatcom County. These are some of the very families that patronize the Silver Reef Casino and other Lummi enterprises. Some thanks.”
Those specific repeated references to the Lummi Nation’s Silver Reef Casino and enterprises by SAVEWhatcom and the SSA Marine consultant-led NWJA, could be viewed as attempts to drive public opinion against the Lummi Nation’s Silver Reef enterprises—trying to change the minds of the Silver Reef’s loyal patrons who enjoy the hotel, spa, casino, entertainment/shows, multiple restaurants, convention and event venue, and more.
NWJA omits important statistics
NWJA’s December 23 opinion piece failed to mention that the Lummi Nation’s Silver Reef Hotel Casino & Spa employs 675 people. It also failed to mention any of the significant contributions from the Lummi Nation to Whatcom County’s community at large, which certainly have a positive impact on countless families and individuals in Whatcom County. For example, LIBC Chairman Tim Ballew stated in a May 2015 piece in The Bellingham Herald, that Lummi Nation was “humbled and honored to be able to give back to the people who work so hard to make our community thrive,” when referring to its Nation’s donations of over $600,000 awarded to 43 organizations. Some of those organizations include the Bellingham Food Bank, the Whatcom Literacy Council, and Whatcom County Fire District 8, to name a few.
NWJA stated in its December 23 op-ed and its December 22 comment letter to the County Planning Commission, that “Whatcom County ranks 30th out of 39 counties for personal income growth [Bellingham Herald 11/19/15].” In reading The Bellingham Herald article cited as a source for that statistic, NWJA did not bother to inform readers that while the per capita personal income average in Whatcom County increased 3.2% from 2013 to 2014, placing it 30th out of 39 counties in the state, Whatcom County’s 2014 per capita income total ranks 16th highest out of Washington’s 39 counties.
Excerpt from December 10, 2015 comment letter submitted to Whatcom County Planning and Development by the Lummi Nation Planning Department
In its December 23 op-ed, and in its December 22 comment letter NWJA sent to the Planning Commission, Huntley and Owens referenced specific language from the December 10, 2015 comment letter from Lummi Nation’s Planning Department submitted to Whatcom County Planning and Development. The specific language was a new policy that Lummi Nation recommended be added to the County Comprehensive Plan:
“The shipment of coal, or crude oil, from any new shipping terminal or pier, or any existing terminal or pier, is prohibited.” Huntley and Owens said they were troubled by the Lummi Nation’s recommendation and wrote:
“This echoes previous requests that the Lummi have made to the County to begin phasing out the Cherry Point heavy industrial zone.” No evidence, however, was provided by the NWJA to show any previous, or even current, requests from Lummi Nation to begin phasing out the Cherry Point heavy industrial zone.
The underbelly of their reasoning
One particular statement NWJA made in its August 12, 2015 comment letter to the County Planning Commission revealed the underbelly of their reasoning:
“The Lummi occupy an important and unique role in our community, but they are just 1.5% of the County’s population.”
NWJA repeated similar statements in its August 27, 2015 email advertisement disseminated via its mailing list, and in its September 10, 2015 press release, potentially indicating to their audiences a reason to marginalize and dismiss Lummi Nation’s voice based on the Lummi’s minority population status.
Just as “Manifest Destiny” mandated that it was supposedly God’s providence that the U.S. should exercise hegemony over its neighbors—seeing North America as the new Promised Land, NWJA and the GPT corporate interests they advocate for, seem to believe that it’s their economic providence to exercise hegemony over the Lummi Nation—seeing Xwe’chi’eXen (Cherry Point) and its naturally occurring deep-water contours which allow for huge Capesize vessels stuffed with U.S. coal bound for Asia, as their new Promised Land.
The Lummi Nation, however, and countless people in the Pacific Northwest region, have a very different view of their destiny, and that view does not include the transporting, handling, and shipping of 48 million metric tons per year of coal to Asia, which is the plan for GPT.
Raising resentment of tribal treaty rights; encouraging the public and government officials to ignore tribal treaty rights; calling into question the motivation behind an Indian Nation’s exercising of its tribal treaty rights; interfering with the federal regulatory review process and the government to government relationship between a U.S. federal agency and Indian Tribes and Indian Nations; and making disparaging and unsubstantiated accusations against an Indian Nation and its leaders, are some of the various ways in which the Lummi Nation is being attacked as powerful corporations endeavor to realize their perceived manifest destinies, in pursuit of a coal export terminal at Xwe’chi’eXen.
Katesh — After a fifty-year struggle against land grabbing by foreign agribusiness corporations, nomadic pastoralists in the Hanang District of Eastern Tanzania have finally won Certificates of Customary Right of Occupancy pursuant to the 1999 Land Act No. 5. With legal assistance from The Ujamaa Community Resource Team, The Barabaig and Masai in the villages of Mureru, Mogitu, Dirma, Gehandu and Miyng’enyi now have much needed access to approximately 5,500 hectares of grazing land for their cattle.
While several villages have benefited from the decision to enforce the 1990 Land Act No. 5, the Barabaig of the Basuto Plains have not been recognized in the latest issuance of Certificates of Customary Right of Occupancy. The Barabaig have been engaged in a fifty-year struggle to maintain their cultural integrity against the jurisprudent land policies of privatization and villagization, which have systematically suspended their constitutional rights and legal protections. The powerful infiltration of neoliberal forces culminating in land and resource grabbing has fashioned a geographical landscape of displaced indigenous peoples struggling to restructure their lives in uninhabitable terrain that supports relatively few life forms. While recording mythohistories amongst the Barabaig women, I have had the opportunity to witness first hand how the Barabaig have resisted globalizing forces that have pushed them to the farthest regions of the Basuto Plains.
Barabaig drinking from what remains of sole water source
Land Policy
The restructuring of socio-geographic areas in the interest of globalization has been most visible in the legal system in regards to land policy jurisprudence and administration, demonstrating how global discourse circulates in such a powerful system as to suspend constitutional rights and protections of the Barabaig Peoples. For many years, first President of the United Mwalimu Julius K. Nyerere’s philosophy on land holdings has shaped Tanzanian land policy. Rejecting the commoditization of land, Nyerere believed land was God’s gift to humanity and therefore could not be privatized. In his discussion of land holdings, he argues:
This land is not mine, but the efforts made by me in clearing that land enable me to lay claim of ownership over the cleared piece of ground. But it is not really the land itself that belongs to me but only the cleared ground, which will remain mine as long as I continue to work on it. By clearing that ground I have actually added to its value and have enabled it to be used to satisfy a human need. Whoever then takes this piece of ground must pay me for adding value to it through clearing it by my own labour. (Nyerere 1966)
This philosophy treats land as a fundamental right of human needs and not as commodity. This sentiment is further expressed in “The Nyerere Doctrine of Land Value” in the case of Attorney- General v. Lohay Akonaay and Another (Sabine 1964). [i] Accordingly, it is the public who possess land rights and an individual has a right to occupancy to use the common land belonging to the public. The duration of the Right to Occupancy can last from anywhere between 33 to 99 years depending on location and usage. The 1923 Land Ordinance of 1923 to 1999 referred to this title as a Deemed Right of Occupancy, based on occupation to confer ownership. “The majority of the people living in the rural areas—and who form more that 80% of the population of Tanzania hold their land under this system” (Peter 2007).
Today, President John Magufuli is the trustee of Tanzanian public lands and it is Magufuli who has the power and authority to decide what is in the public’s interest in terms of land decisions. Magufuli holds the power to “repossess land on behalf of the public for construction of roads, schools, hospitals etc.” (Peter 2007). Land can and has been taken from indigenous peoples without compensation for the land. In return the occupier is compensated for unexhausted improvements to the land, including houses, structures, crops; however, the occupier is not compensated for the land itself.
Legal Decisions Support Agribusiness Ventures
The implementation of the commoditization of land and resources can be seen in the 1960 decision to cultivate wheat in the Arusha Region of Hanang District. The United Republic of Tanzania along with the Canadian Food Aid Programme launched the Basotu Wheat Complex securing ten thousand acres of Barabaig land for wheat farming. In 1970, the National Agriculture and Food Corporation (NAFCO) expanded the project developing several large scale wheat farms securing 120,000 hectares of Barabaig pasture land, including homesteads, water sources, sacred burial grounds, and wild life.
Sadly, many Barabaig were unaware of the legal maneuvering for their land and first found out about it when tractors ploughed through their homesteads. According to reports and interviews, NAFCO failed to give due process to people living on their land at the time and were deemed to be trespassers on their own property. Chief Daniel recalls how he was jostled from sleep and ordered to leave. “We were forced off our own land by gunpoint,” he said.
A girgwagedgademga (council of women) with Chief Daniel
In the 1981 Case of National Agricultural and Food Corporation v. Mulbadaw Village Council and Others, the Barabaig sought legal protection and sued the National Agricultural and Food Corporation (NAFCO) for trespass on their land at the High Court of Tanzania in Arusha. While the High Court of Tanzania (D`Souza, Ag. J.) ruled in favor of the Barabaig Plaintiffs, stating that the Barabaig occupied land under customary title, the Court of Appeal of Tanzania overturned the decision and ruled in favor of NAFCO stating that, “The Plaintiffs/Respondents – Mulbadaw Village Council did not own the land in dispute or part of it because they did not produce any evidence to the effect of any allocation of the said land in dispute by the District Development Council as required by the Villages and Ujamaa Villages Act of 1975” (Peter 2007). In effect, the Village Council had trespassed by entering their own traditional lands, the Court of Appeals ruling that the villagers failed to meet the burden of proof that they were natives within the meaning of the law.
Legal analysis of case precedence is evidence that the Tanzanian government discounted Barabaig collective customary rights, discounted Barabaig tripartite land holding practices, ignored detrimental ecological effects derived from alienation of pastoral lands, and moreover privileged the privatization and commodification of land and foreign and national interests over local indigenous rights. Political power backed by powerful interest groups proved in this case study that power is not the same as law and that in the world of nation-states, placelessness and dispossession is a political byproduct of globalization.
In 1987, Tanzania, submitting to pressure to follow “global norms of behaviour,” decreed the Extinction of Customary Land Right Order. This extinguished land occupation under customary law, precluding Barabaig from exercising customary land rights protection (Larson and Aminzade 2009). Subsequently, when the Barabaig migrated during dry seasons, they left their lands with little evidence of occupancy, resulting in encroachment by external forces. The government began the process of Villagization, whereby the Barabaig were given portions of unused land deemed unsuitable for commercial purposes with little water resources. The Barabaig were subsequently settled (land-locked) in villages. The Villagization of the Barabaig drastically interfered with customary land practices, nomadic land use patterns, and livestock herding traditions.
According to Shivjii Chairman of the Presidential Commission of Enquiry into Land Matters, the movement of people into villages was achieved with “little regard to existing land tenure systems and the culture and custom in which they are rooted” (2007). The Barabaig surrendered their traditional migratory herding strategies and were forced to graze their cattle in a migratory cycle marked by a restricted one-day distance from their homestead. The concentration of livestock on this pattern of limited grazing has adversely impacted its ecosystems resulting in a “decline of levels of pastoral production and welfare” (Peter 2007).
Mama Paulina and widow
The Land Tenure reform is based on the premise that indigenous land tenure systems act as an obstruction to development and that more formal registered land title will encourage rural land users to make investments to improve their land investments through the provision of credit. The Tanzanian administrative structure grants each village a statutory title to land and further argues that granting titles and providing credit for land improvements will thwart encroachment by external forces; however, under the Customary Land Ordinance this has led to the holding of double titles leading to further complications of legality of ownership. The Barabaig case provides contrary evidence demonstrating that both objectives have failed to ward off encroachment by outsiders to enclose land for crop cultivation.
In addition, Land Use Appropriation by Foreign interests have interfered with traditional migratory patterns to water sources, denying Barabaig access to water during the dry seasons. Traditionally, Barabaig herders migrated eastward out of the village in the dry season to gain access to permanent water sources on the shores of Lake Balangda Lelu. The land allocation plans fail to recognize the indigenous needs of water sources; moreover, these allocations do not take into account the complexity of the traditional land use patterns in and beyond village boundaries. Because the Barabaig follow an animistic belief system that recognizes the interdependency and reverence of all life forms, displacement from their land and ancestral gravesites disrupts their sacred patterns of worship and traditional ways of being and living in the world.
The Barabaig were unaware of the Land Use Planning Provisions at the time and hence did not object to them because they did not realize how it would limit their migratory grazing patterns and obstruct their traditional livelihoods. According to Barabaig Chief Leader Daniel, plans were purposefully “ambiguous” and unclear with little account taken of their pastoral economy. Facing starvation, many pastoralists experienced a sense of cultural, spiritual and economic placelessness, and have been forced to give up their livelihood and migrate to squatter settlement areas in Arusha or Dar es Salam. “They fill the perio-urban shanties to eke out a living as best they can in the informal economy or become burdens of the state as the industrial and commercial sectors have no capacity to absorb more workers” (Lane 1990).
The issuance of Certificates of Customary Right of Occupancy provides a temporary legal tourniquet against the inhumane assault on indigenous livelihoods. According to Attorney Edward Ole Lekaita from The Ujamaa Community Resource Team in the Arusha District, efforts have begun once again to take up the legal gamut to secure customary title deeds for the Barabaig of the Basuto plains.
About the author: An interdisciplinary ethnographer, Mary Louisa Cappelli is a graduate of USC, UCLA, and Loyola Law School whose research focuses on how indigenous peoples of the global South struggle to hold onto their cultural traditions and ways of life amidst encroaching capital and globalizing forces. She previously taught in the Interdisciplinary Program at Emerson College and is the director of Globalmother.org, a Tanzanian WNGO, which engages in participatory action research and legislative advocacy in Africa and Central America.
References:
Aminzade, R. and Larson, E. “Nation-building in post-colonial nation-states: the cases of Tanzania and Fiji.” International Social Science Journal Vl. 59: (2009):1468-2451.
Lane, R. Charles. “Barabaig Natural Resource Management: Sustainable Land use under Threat of Destruction.” United Nations Research Institute for Social Development Discussion. Discussion Paper (1990): No 12.
Nyerere, J. K. Freedom and Unity: A Selection from Writings and Speeches
1952-1965. London: Oxford University Press, 1966.
Peter, Maina, Chris. “Human Rights of Indigenous Minorities in Tanzania and the Court of Law.” Journal of Group and Minority Rights, 2007.
Sabine, G. H. A History of Political Theory, London: George G. Harrap & Co. Ltd, (1964): 527-528.
Featured Image: A view of the Malheur National Wildlife Refuge, where self-styled “militia men” are declaring a takeover of refuge headquarters.Claudio Del Luongo/Shutterstock
Some of the same armed “militia” involved in the Cliven Bundy affair in Nevada have occupied federal land in Oregon formerly reserved for the Northern Paiute. Ironically, the “legal” basis for starting a fight with the federal government is that sovereignty “really” belongs to Oregon rather than the Paiutes, who have seen their federal trust land shrink from over one and a half million acres to a tiny remnant of 760 acres in Burns, Oregon, where this current armed standoff began.
Cliven Bundy is a Nevada rancher who engaged in an armed standoff with the federal government in 2014 when some of his cattle were seized over 20 years of unpaid grazing fees. “Militia members” and “patriots” from all the western states and phototropic politicians from as far away as Arizona joined Bundy. Video at the time showed “militiamen” taking aim at federal officers, and the authorities decided a bloodbath over grazing fees was not sensible. When the federal agents stood down, the militias declared a major victory.
This Saturday, January 2, the war over federal authority continued when an unknown number of militia members seized a building in the Malheur National Wildlife Refuge and Ammon Bundy—Cliven Bundy’s son—released a video urging like thinking people to arm themselves and come to Oregon, declaring, “We’re going to be staying for several years.”
The “militiamen” claimed the occupation of the empty building was accomplished by 150 armed men. The armed occupation of Malheur Wildlife Refuge grew out of demonstrations over the impending deadline for Steven Hammond, 46, and his father Dwight Hammond, Jr., 73, to report to federal custody to begin serving five years in prison each for arson on public lands.
At the Hammonds’ trial, the government argued that the fires were set to cover up evidence of poaching activities. The Hammonds did not deny setting the fires but claimed their purpose was to destroy invasive species.
In the 2014 standoff, Cliven Bundy claimed that federal agents had no authority in Nevada. He now claims the same of Oregon, stating Saturday, “United States Justice Department has NO jurisdiction or authority within the State of Oregon.”
If anything is clear-cut about Indians in the Constitution, it is that relations with Indian nations are a federal responsibility. Carrying out that responsibility in Oregon, President U.S. Grant established the Malheur Indian Reservation for the Northern Paiute in 1872. It is no coincidence that the historical reservation shares a name with the Malheur National Wildlife Refuge, site of the current armed standoff.
White settlement nibbled at the Malheur Indian Reservation until the Bannock War in 1878, which ended with surrendered Paiutes and Bannocks on the reservation being removed, officially to the Yakama Reservation in Washington Territory. Unofficially, Paiutes had scattered all over the Western States that comprised their aboriginal lands. The Burns Paiute Reservation is the remains of the Malheur Reservation and the Malheur Wildlife Refuge is an alternative use for the federal land, for those who believe the federal government exists.
As in Nevada, the Bundys claim the only lawful authority in the area is the Harney County Sheriff David Ward, who they have petitioned to take the Hammonds into “protective custody” from the U.S. Marshal.
Jon Ritzheimer made a farewell video for his family before heading out to fight with the “oppressive, tyrannical” federal government and posted it on YouTube. If he were not promising to “die a free man,” his rant about the Constitution would be humorous. While he would fail my constitutional law course, his, ahem, unusual reading of the document loses some humor value when he offers it as a reason to “lay my life down to fight against tyranny,” tyranny put in place by “kids who never got their hands dirty who went off to college” and came back thinking they know as much about land management as farmers.
Ammon Bundy claims on video to be doing God’s work and says of the 2014 standoff, “because people came, we are free.” He also claims that the U.S. Attorney threatened to get the Hammonds assigned to “a less desirable prison” if they kept consulting with the militia and that would be “a death sentence.” Urging people to join in, he referred to the occupation of the Wildlife Refuge as, “This wonderful thing that the Lord is about to accomplish.”
The Oregonian reported that one of the occupiers is Ryan Payne, an army veteran who claimed to have organized snipers to target federal agents during the 2014 standoff at the Bundy ranch in Nevada.
Another veteran of the Bundy standoff, Blaine Cooper, told The Oregonian, “I went there to defend Cliven with my life.”
Oregonian coverage was up to date as of early January 3, and included this statement on the situation from Harney County Sheriff David Ward:
After the peaceful rally was completed today, a group of outside militants drove to the Malheur Wildlife Refuge, where they seized and occupied the refuge headquarters. A collective effort from multiple agencies is currently working on a solution. For the time being please stay away from that area. More information will be provided as it becomes available. Please maintain a peaceful and united front and allow us to work through this situation.
According to reporting by the Associated Press, the Hammonds are not as quick to advocate shooting at federal officers as Cliven Bundy. The AP quoted a letter from the Hammond family lawyer, W. Alan Schroeder, to Sheriff Ward: “Neither Ammon Bundy nor anyone within his group/organization speak for the Hammond family.” Dwight Hammond himself told the AP that he and his father intend to turn themselves in on January 4 as ordered. “We gave our word that’s what we would do, and we intend to act on it.”
While state and federal law enforcement agencies discussed how to end the occupation without bloodshed, Cliven Bundy from his Nevada ranch and the occupiers in the Malheur National Wildlife Refuge used social media to call for supporters to come to Oregon. And come armed.
Featured image: Francisco Tiul Tut mourns the burning and destruction of his home in Barrio La Revolucion. On January 8th and 9th, 2007, the Guatemalan Nickel Company, local subsidiary of Canadian Skye Resources, ordered the forced eviction of five Q’eqchi’ Mayan communities around Lake Izabal in El Estor and Panzos, Guatemala (Photo: James Rodríguez/mimundo.org)
While much of the controversy surrounding Canada’s extractive industry centers on oil and gas projects like SWN Resources’ drilling plans in New Brunswick, Enbridge’s Line 9 pipeline and the widely felt impact of Tar Sands extraction in Alberta, there is a significant lack of debate concerning Canada’s larger and much more influential mining sector.
It’s estimated that 75% of the world’s mining and exploration companies are based in Canada. Collectively, they account for 42 billion dollars of Canada’s gross domestic product, making mining and exploration one of Canada’s most economically powerful sectors. Some 40% of global mining capital is raised on the Toronto Stock Exchange. The impact of Canada’s mining sector, however, goes far beyond mere facts and figures.
Wherever Canadian mining companies operate, they have an indelible imprint on the social, political and environmental realities in which they insert themselves. In countries that are politically unstable or where a culture of impunity is permitted to thrive, that imprint can span generations with successive mining companies following in the footsteps of their predecessors. Such is the legacy of shame that the Maya Q’eqchi people in Guatemala have been forced to endure for the last half century.
The “Fenix” Mining Project in El Estor, Guatemala. Established in 1965 as the EXMIBAL nickel mine owned by Canadian mining firm INCO, the project was transferred to the Guatemalan Nickel Company (CGN) in 2005 after the expiration of the original 40-year license. CGN was the local subsidiary of Canadian Skye Resources, a junior mining company comprised of former INCO directors. Skye was bought by HudBay in 2008, and the project sold to the Russian-based Solway group in 2011. (Photo: James Rodríguez/mimundo.org)
For the average Canadian, the effects of mining and other forms of resource extraction are not immediately apparent; indeed, those who tend to benefit the most from such projects also tend to be shielded from the harsh realities that befall those who are affected by them, as Mi’kmaq lawyer and activist Pam Palmater toldIntercontinental Cry (IC).
“People in far-away cities may enjoy oil for their cars, diamonds from their city jeweler, or minerals needed to build cities and never have to see the housing crisis and lands stripped of trees and wildlife, or see the deformed fish and contaminated water.”
“The people who benefit are separated from the people who pay the social and environmental price,” she added.
For more than two years, Palmater, who leads the Centre for Indigenous Governance at Ryerson University, worked closely with Mathias Colomb Cree Nation (MCCN) Chief Arlen Dumas, who, in 2013, served two Stop Work Orders to Hudson Bay Mining and Smelting Ltd (Hudbay) in connection to the Lalor mine project in Northern Manitoba. According to Chief Dumas, Hudbay failed to obtain MCCN consent to operate its proposed mine, situated on unceded MCCN lands. Soon after the Stop Work Orders were delivered, Hudbay sought out and obtained a court injunction against Palmater and Chief Dumas, restraining them and others from interfering with access to the company’s property.
A long line of Canadian mining companies have adopted a similar modus operandi, avoiding their constitutional obligation to consult, accommodate or even inform First Nations before seeking approval of mining projects that could adversely affect their indigenous rights.
Far more companies have been under fire for human rights abuses and other transgressions that took place outside of Canada. Among them, there is Barrick Gold, Fortuna Silver, Sherritt International, IAMGOLD, Curis Resources, Tahoe Resources Inc., Denison Mines Corp., First Majestic Silver, TVI Resource Development, Inc., Nevsun Resources Ltd., New Gold Inc., and GoldCorp.
In their unyielding pursuit for justice and accountability, Indigenous Peoples are presently pursuing at least three of these companies in Canada’s court system. Foremost among them is Hudbay Minerals.
In 2010, Toronto-based law firm Klippensteins Barristers & Solicitors filed a set of civil suits against Hudbay Minerals on behalf of Maya Q’eqchi people in Guatemala who suffered three separate injustices in connection to the Fenix Mining Project in El Estor municipality near the Pacific Coast.
The ongoing case against Hudbay Minerals centers on the actions of its former subsidiary Guatemalan Nickel Company (CGN) and security forces hired by CGN between 2007 and 2009, specifically the murder of Adolfo Ich Chaman, a respected community leader; the attempted murder of German Chub, who was paralyzed after being shot at close range; and the gang rape of eleven women.
The case is widely considered to be a major step forward to holding the Canadian mining sector to account for its actions abroad.
The story of Hudbay in Guatemala goes back several decades to another Canadian mining company, INCO (now Brazilian company Vale). Linking together the history of INCO and Hudbay in this Central American country is crucial to understanding not only the Canadian mining sector but also its role around the world.
HISTORY OF INCO IN GUATEMALA
The violence against Indigenous Peoples who have opposed mining in Guatemala should be viewed as part of the wider violence that swept through the country in the 1950s when a military coup overthrew a democratically-elected government. “The history of INCO in Guatemala is [in its simplest form] the history of the military coup in 1954 and then the aftermath of that military coup”, Graham Russell, director at Rights Action network, stated in an interview with IC.
From 1944 to 1954 two nationalist, reformist and capitalist regimes attempted to modernize and equalize the country[1]. Part of this effort stemmed from a moderate agrarian reform bill in 1952 that would have redistributed hundreds of thousands of acres of land to landless peasants. This bill greatly affected the United States-based United Fruit Company (UFC), which was at the time the largest landholder and employer in Guatemala. Seeing the bill as a threat to its deeply entrenched economic interests, UFC hired legendary public relations expert Edward Bernays to carry out an intense misinformation portraying then-president Jacobo Arbenz Guzmán as a communist threat. While Bernays was busy winning hearts and minds, the company carried out an equally energetic lobbying effort back home to convince lawmakers and the U.S. public that Guatemala desperately needed a regime change.
Once U.S. President Dwight D. Eisenhower came to office, it wasn’t long before he authorized Operation PBSUCCESS, a covert op in which the United States Central Intelligence Agency (CIA) funded, armed, and trained 480 men led by Carlos Castillo Armas, the first of many dictators to succeed Guatemala’s presidency.
A long and brutal civil war ensued that would – over the course of 36 years – take the lives of more than 200,000 civilians and displace more than 1.5 million, culminating in a genocidal rampage against the Maya in the 1980s.
INCO had its own role to play in this vicious circle of violence. The Guatemalan military repeatedly used the company’s airplane landing strip to bring in soldiers and INCO trucks to transport them to Maya Q’eqchi lands for de-population. Graham Russell told IC that INCO’s position in the mining industry was a key factor as well, explaining that “…at this point (INCO) was the biggest private investor in all of Central America, not just Guatemala. These brutal military regimes and the wave of brutal violence starting in the late 60s and all through the 70s was directly associated to INCO’s mining interests in Guatemala.”
INCO was able to gain its status in Central America by cultivating a monopoly on nickel extraction. The company controlled nearly 54 percent of the nickel market in the West. During the 1950s it controlled 75 to 80 percent of the US nickel market[2]. Part of building this monopoly also involved Nazi war profiteering. Prior to World War II, INCO arranged a cartel agreement with the German company I.G.Farben to allow the stockpiling of nickel for the Nazi war effort[3].
INCO and the U.S. Hanna mining company formed Izabal Mining Operations Company (EXMIBAL), a subsidiary company, to operate in Guatemala in 1962. EXMIBAL attained a tax-exemption in Guatemala in 1968 for leading what was described as an “industry of transformation.” Under its contract, EXMIBAL would pay the Guatemalan government $23,000, a tiny fraction of the estimated $10 million it would make each year between 1971 and 1980.
With the civil war well underway, both government and private security forces seized the opportunity to remove any indigenous-led opposition to mining under the auspices of fighting communism. Over 400 massacres were carried out during the period of the civil war, including the notorious slaughter of more than 100 Q’eqchi who were peacefully protesting EXMIBAL’s mining operation in El Estor.
Although there was considerable resistance to EXMIBAL’s mining operation and controversy over how little INCO paid in taxes what lead to the end of the company’s mining operation was the 1980 demand from the military government of Romeo Lucas Garcia that EXMIBAL pay 5% of the value of nickel extracted to the Guatemalan government. EXMIBAL suspended operations and left Guatemala, retaining rights to its mining concession.
In 2003, the former director of INCO became the president and executive of the Canadian company Skye resources. Days before the 40-year concession on the old EXMIBAL mine expired, it was transferred to CGN, the local subsidiary of Canadian Skye Resources (purchased by Hudbay Minerals in 2008). The concession also gave CGN the “right” to expel the Maya Q’eqchi. In 2006, the International Labour Organization (ILO), a branch of the United Nations, held that Guatemala broke ILO Convention 169, a binding international law, by failing to carry out free and prior consultations with the Maya Q’eqchi. Five years prior to this, in 2001, the constitutional court of Guatemala held that the property rights of the land in question belonged to the Maya Q’eqchi. Both rulings were ignored by the Guatemalan government and CGN.
As if tearing a page straight out of Guatemala’s civil war, CGN proceeded to order the eviction of five indigenous communities from the concession area. In January 2007, a combined police and military force arrived to carry the order out with help from residents from neighboring areas who were trucked in by CGN. During the eviction, hundreds of homes were burned to the ground and, in the community of Lote Ocho, a total of 11 women were gang raped by CGN’s mine security personnel and members of Guatemala’s police and military forces.
Homes in the community of Barrio La Revolucion are burned and destroyed by personnel hired by the Guatemalan Nickel Company (CGN). (Photo: James Rodríguez/mimundo.org)
One year later, HudBay Minerals purchased Skye Resources and promptly changed the company’s name to HMI Nickel Inc.
Despite the re-branding, however, the Maya Q’eqchi would continue to face a routine of repression with HudBay’s security forces shooting and killing Adolfo Ich Chaman and paralyzing German Chub Choc in 2009. One year later, Angelica Choc, the wife of Adolfo Ich Chaman, announced her intent to sue HudBay Minerals and its subsidiary in Canada.
Eager to evade a potentially catastrophic ruling, HudBay Minerals promptly sold CGN, the Fenix mine and its other Guatemalan assets to the Cyprus-based Solway Investment Group. The sale, however, did not deter Canada’s courts from agreeing to hear the case(s) against Hudbay.
PATHWAYS TO JUSTICE
A favorable ruling could have far-reaching implications not only for Hudbay but for the entire Canadian mining sector. As Graham Russell explained to IC,
“…there is a growing number of Canadians becoming aware that there are hundreds, if not more, [Canadian mining companies] operating in many places around the world [that] are often involved in creating environmental harm or contributing directly or indirectly in serious human rights violations including killings and gang rapes.”
The possibility that anyone who suffers at the hands of a Canadian mining company could turn to Canada for their day in court could very well change the face of the industry.
Katherine Fultz, visiting Instructor of Anthropology at Pitzer College in Claremont, CA, who has studied opposition to mining in the Highlands of Guatemala, told IC by phone that community referendums as a tool to resist mining projects are also gaining popularity among mine-affected communities:
“It actually started elsewhere in Latin America. The first one was held in Peru and a number were held in Argentina and later in Columbia … Guatemala has held more than any other country with more than sixty votes at this point. Over half a million people have participated in them.”
These community referendums have rejuvenated anti-mining activism in the highlands of Guatemala leading many communities to take direct legal action against the Guatemalan government to protest mining on a national level.
Recently, the Guatemalan constitutional court ordered the suspension of two hydro-power mega projects (Vega I and Vega II) for failure to properly consult with affected Indigenous communities. Other mining projects have also been suspended due to lack of consultation with indigenous communities. In one case, the rural community of Zunil in the municipality of Quetzaltenango carried out referendums (consulta) declaring their territory to be a mining free zone.
An avenue that Canadians can use to stop international human rights abuses by mining companies may one day be found in Canada. In 2009, Liberal MP for Scarborough-Guildwood John McKay introduced Bill C-300 as a private members bill to the Canadian House of Commons. The bill called for the creation of an ombudsperson that would oversee Canadian mining firms. Bill C-300 ultimately lost by six votes in 2009, even though the NDP and Liberals held a majority in the House of Commons at the time. McKay said in a recent interview that, although he thinks existing structures that oversee mining companies need to be strengthened, re-introducing the bill is a high priority for the Liberal government.
Instead of the provisions in Bill C-300, Canadian mining and extraction companies fall under “Building the Canadian Advantage” (BCA) which the Conservative government put in place instead of Bill C-300. Viewed by critics as an irresponsible PR gimmick, BCA moved Canadian International Development Agency (CIDA) funds to support community projects run by Canadian mining companies and created a Corporate Social Responsibility (CSR) councilor to mediate disputes between affected communities and mining companies. None of these provisions, however, are binding; and while there is strong language about protecting human rights in BCA they are little more than guidelines that companies are under no obligation to follow.
The historical and contemporary case of Canadian mining companies operating in Central America shows that one should have no illusions about the role these companies play around the world. While building more north-south solidarity and mine-affected communities holding referendums are positive steps on the road to justice, there is the bigger issue related to the way that mining is tied to larger social, political, environmental and economic realities.
In an interview with Canadian Dimension Magazine, Alain Deneault, who was sued along with his co-author and publisher by Barrick Gold for the exposé Noir Canada, ties together the issues of over-consumption and planned obsolescence to the mining industry. “If we could put all of these questions on the agenda at the same time, we could say, okay, maybe it’s worthwhile to dig that hole in that specific area because we need zinc, but we’ll use it carefully. We’ll exploit zinc carefully because we’ll make sure that what we dig out will be recycled in many objects that we will use.” Deneaut went on to advocate for the creation of a permanent and independent commission of inquiry that would have powers to not only inquire into the activities of corporations but also summon their representatives to appear and submit documents.
For now, the more the Canadian public is informed about the activities of Canadian mining companies, the better. Pam Palmater advocates for a broad approach to bring Canadian mining companies abuses to light and urges that we work together to fight for our collective futures:
“…the more the public knows about the destructive activities of mining companies, who’s really profiting and what it means for our collective futures, the better chance we have at forcing change through varied means used simultaneously – including protests, court cases, political pressure, shareholder pressure, advocacy at the international level and building allies amongst social justice activists, environmentalists, scientists, First Nations, other countries, politicians and legislators.”
Notes[1] Guatemala: the politics of violence pg 1.
Featured image courtesy of Wikipedia under the terms of the GNU Free Documentation License, Version 1.2
Brazil’s Federal Public Ministry (MPF) has found the Brazilian federal government and the Norte Energia company guilty of ethnocide for the social and cultural destruction wrought on seven indigenous groups during the Belo Monte dam’s construction.
The MPF is demanding the courts set up an external commission to prevent future harm, even as the Brazilian government is granted an operational licence for the dam, whose reservoirs are now filling.
The MPF report states: “What is happening with the Belo Monte dam is a process of ethnic extermination by which the federal government is continuing with the colonial practice of integrating Indians into the hegemonic society.”
Brazil’s Public Federal Ministry (Ministério Público Federal, MPF), an independent state body, has started legal proceedings to have it recognised that the crime of “ethnocide” was committed on seven indigenous groups due to the severe detrimental impacts on their lives made by the building of the giant Belo Monte hydroelectric power station that will soon begin operating on the Xingu River in eastern Amazonia. The charges have been made against Brazil’s federal government and Norte Energia, the contractor that built the dam.
After carrying out a lengthy study that fills 50 books and includes contributions from a wide range of experts, the MPF has concluded that the “social organization, customs, languages and traditions” of the indigenous groups have been destroyed by the construction of the dam.
One of the actions undertaken by Norte Energia about which the MPF is most critical was a plan called “Plano Emergencial”. Under this plan the company set up a distribution center in Altamira, a town that has experienced explosive growth recently as a result of the dam’s construction. Goods and foodstuffs were available here each month for every indigenous village but the Indians had to travel to the town to pick them up. The money for the center came from a budget line for “ethno-development”, which was set up to help the villages become sustainable in food and to develop viable economic activities.
Indians, some of whom had never been to Altamira before, had to stop planting and fishing in order to travel to the town each month. The journey could take days and the whole procedure was very damaging to indigenous culture. The MPF says: “The villages became covered in garbage, with a proliferation of disease as a result, illnesses such as high blood pressure, obesity and diabetes became common because of the change in diet, child mortality surged, along with alcoholism, drug consumption and prostitution.”
The Belo Monte dam was completed at the cost of ethnocide to seven Amazon indigenous groups, according to the MPF. Photo by Pascalg622 licensed under under the terms of the GNU Free Documentation License, Version 1.2
At the same time Norte Energia began to build cheap houses in villages higher up the Xingu River, without taking into account indigenous culture. “Dozens of houses were built — wooden shacks with fiber cement roofs, like those in urban shanty-towns — with no consultation with Funai [the Indian Agency] or Ibama [the Environmental Agency]”. The building work itself was very harmful: unskilled workers without proper authorization entered the villages, disrupting village life and leaving construction waste behind; timber was illegally felled; a 17-year-old indigenous girl became pregnant from a construction worker.
