Our new autumn journal Dark Mountain: Issue 20 – ABYSS is now here!

Our new autumn journal Dark Mountain: Issue 20 – ABYSS is now here!

This story first appeared in The Dark Mountain Project.
We are excited to announce the publication of our twentieth book, available now from our online shop. This year’s special issue is an all colour collection of prose, poetry and art that delves into the subject of extractivism. Over the next few weeks we’ll be sharing a selection of pieces from its pages. Today, we begin with the book’s editorial and cover by Lawrence Gipe.

No. 2 from Russian Drone Paintings (Mir Diamond Mine, Siberia) by Lawrence Gipe

The Pit

Standing on the brink, before the towering back wall of the Berkeley, whose  semi-circular sloping terraces resemble a gigantic Greek amphitheater, one is overtaken by a sense of doom…Viewed from the edge, the pit is a théâtre du sacrifice. The gateway to dominion is also a staircase to hell – Milton’s ‘wild  Abyss’, the womb and grave of nature.

– Edwin C. Dobb, ‘The Age of the Sacrifice Zone’, EXTRACTION: Art on the Edge of the Abyss

In 2016, tens of thousands of snow geese, midway through their winter migration from Alaska to northern Mexico, diverted from their route in order to avoid a storm. Many landed on a blue lake at the bottom of a deep crater. But the water was not right; it hurt. Within minutes the exhausted birds were dropping dead in their thousands. Officials from the US Fish and Wildlife Service, examining the corpses afterwards, found burns inside their bodies, evidence of the cadmium, copper, arsenic, zinc and sulphuric acid they had sought to shelter on. This deadly toxic soup was what filled Montana’s milelong Berkeley Pit, leftover tailings from Butte’s heyday as the copper mining capital of the world, now one of the largest environmental clean-up sites in the country.

In 2020, the poisoned rivers, the hacked, fracked and exploded ground, the countless wounds from the thousands of mining projects in the American West inspired Peter Koch, founder and director of the CODEX Foundation, a California-based arts nonprofit, to launch a project called EXTRACTION: Art on the Edge of the Abyss. This ‘multimedia, multi-venue, cross-border art intervention’ invited artists from around the world to examine all forms of extractive industry, from open-cast mines in Butte to the exploitation of water, minerals, timber, coal, sand, animal and marine life, and the innumerable other ‘resources’ that fuel the global economy. EXTRACTION co-founder Edwin C. Dobb, who passed away in 2019, called this the ‘age of the sacrifice zone’, after an official government term for the areas that are left despoiled as the accepted collateral damage of so-called ‘progress’.

Dark Mountain’s 20th issue, ABYSS, is a response to that project’s call, bringing an uncivilised eye to the mindset of extractivism: an  insatiable, pathological drive that has fuelled a seemingly endless expansion in energy use, manufacturing and economic activity. Just as our consumption appears to have no end in sight, there are no geographical limits: as mining or drilling operations shut down in one part of the world, having exhausted their seams or become economically unviable, new ones open up elsewhere – many of them to power the so-called ‘green’ technology boom.

Governments and billionaires dream of extending this frontier deeper and higher than ever before, from deep-sea mining on the ocean floor to plundering the minerals of other planets. Impelled by the need to take, take, take, the appetite of extractivism is all-consuming and unending.

In ABYSS , Alnoor Ladha and Martin Kirk write that we are living in the age of wetiko, an Algonquin term for a cannibalistic spirit that spreads like a virus. Amitav Ghosh draws the link between capitalist imperialism today and the 17th-century Dutch colonists in  Indonesia’s Banda Islands, who massacred the indigenous population in order to gain control over the trade in nutmeg. And in South Africa, colonised for its mineral wealth and fertile land, Sage Freda writes of how environmental and human exploitation are inextricably linked; the more we wreck and ravage the Earth, the more deeply we damage ourselves. As wetiko spreads across the world, all of us – and all other species – end up living and dying in the sacrifice zone.

From the Amazon to the Niger Delta, the Atacama Desert to the Minnesota wetlands, communities and indigenous people are attempting to defend the living world from devastation. Many contributors to ABYSS are part of the pushback against the pillage: from the protest  camp at the proposed lithium mine at Thacker Pass, Nevada, and from a deep-sea oil rig in New Zealand’s Great South Basin, we bring you stories from the activist front line. Derrick Jensen, Lierre Keith and Max Wilbert take us to China’s giant black lake full of toxic run-off from the rare-earth metal mining that powers our laptops and phones. And we meet a Romanian peasant farmer whose fight against fracking and open-cast mining has helped to save one of Europe’s last medieval landscapes.

How do we remain fully human while so much  around us is being destroyed, especially as we (at least, some of us) enjoy so many of the material benefits that devastation brings?

Extractivism’s story can be told through these struggles, as it can be told through statistics: that China now consumes more sand for  concrete and cement every three years than the US consumed in the entire 20th century; that wild animal populations have decreased by 60% in the last 50 years. But this book also tells the story of how extractivism feels – how do we remain fully human while so much  around us is being destroyed, especially as we (at least, some of us) enjoy so many of the material benefits that devastation brings? The fiction and poetry in this book navigate this tricky terrain, from Claire Wahmanholm’s haunting depictions of glaciers melting on the page to Tacey Atsitty’s wrenching depiction of the poisoned water supplies of the Diné in the American Southwest.

Photography, observes Richard Misrach, is a profound means of bearing witness. Many images in this all-colour issue come from the EXTRACTION project, giving evidence of the otherwise invisible toll of our voracious appetites, from David Maisel’s turquoise lithium ponds in the Atacama Desert to Lawrence Gipe’s stunning cover image depicting the largest hole on the planet in Siberia. Noble views of sublime natural landscapes give way to surveys of industrial ravages, as artists behold the  world’s dams, tailing ponds, abandoned mines, oilfields, slag heaps and quarries, and the walls of granite, marble and coal that lie beneath. Among the litany of disappeared places, Jaime Black’s The REDress Project alerts us to the absences of indigenous women in Canada, while Aboriginal artist Betty Muffler shows the scale and beauty of the Earth repair required in her post-nuclear work, Healing Country. This is the world we do not see: the reality that powers the illusion of our spellbound lifestyles, with our sparkly wedding rings, our magical keyboards, our salmon and steak dinners, our electric cars gliding towards the emerald green cities of the future.

Once you start looking through the lens of extractivism, you start to see it everywhere – in the intellectual industries’ absorption of organic life and culture to feed its never-ending appetite for analysis and codification; in the teetering stacks of digital finance, each newly created layer of speculative instrument appropriating value from the one below it; and in the exploitation of ‘human resources’, making ever-greater demands on workers’ psychological and physical labour while demanding they carry ever more of the economic risk. And the suspicion arises that, behind all these manifestations of extraction, lies the same emotional and metaphysical vacuum – a hole in the heart as long and wide as the Berkeley pit: unappeasable, irrational, and ultimately incapable of ever being filled.

IMAGE: No. 2 from Russian Drone Paintings (Mir Diamond Mine, Siberia) Oil on canvas Courtesy of the artist

Gipe’s latest series, Russian Drone Paintings is based on images taken by drones for news programmes and surveillance posted on the government–run RUPTLY Network. Each painting consists of a frozen frame from this feed with subjects like pit mines in Siberia, bombings in Syria, ghost towns on remote mountains, towns abandoned because of radiation, and other residual evidence of interventions into nature.

Lawrence Gipe’s practice engages the postmodern landscape and the visual rhetoric of progress, in media that ranges between painting, drawing, video and collaborative curatorial projects. Gipe has had 60 solo exhibitions in galleries and museums in New York, Beijing, San Francisco, Chicago, Los Angeles, Miami, Munich, Berlin and Düsseldorf. Currently, he splits his time between his studio in Los Angeles, CA, and Tucson, AZ, where he is an Associate Professor of Studio Art at the University of Arizona.

 

Order Dark Mountain: Issue 20 – ABYSS now from our website for £19.99 (plus postage) – or take out a subscription to future issues of Dark Mountain and receive Issue 20 for £11.99.

 

Uncontacted tribe’s land invaded and destroyed for beef production

Uncontacted tribe’s land invaded and destroyed for beef production

This article originally appeared in Survival International.

Featured image: Piripkura men Baita and Tamandua, photographed during an encounter with a FUNAI unit. The two men, who are uncle and nephew, have had sporadic interactions with the local FUNAI team, but returned to live in the forest.
© Bruno Jorge

New overflight photos have revealed that the land of one of the world’s most vulnerable uncontacted tribes is being illegally invaded and destroyed for beef production.

The land invasion now underway is in flagrant violation of a 6-month Land Protection Order issued in September which bans all outsiders from the Piripkura Indigenous Territory.

Only two members of Brazil’s Piripkura tribe are known to live in the territory, though others are also believed to live there, having retreated to the depths of the forest. Many Piripkura have been killed in past massacres.

The overflight was conducted last month for the “Uncontacted or Destroyed” campaign and petition organized by COIAB (the Coordinating Body of Indigenous Organizations of the Brazilian Amazon) and OPI (the Observatory for the Human Rights of Uncontacted and Recently Contacted Indigenous Peoples), with the support of APIB (Articulação dos Povos Indígenas do Brasil), ISA (Instituto Socioambiental) and Survival International.

The campaign has just released a dossier “Piripkura: an indigenous territory being destroyed for beef production.“ It’s revealed:

– Land clearances for cattle ranching have now reached an area where the uncontacted Piripkura are known to live.

– Roads, fencing and even an airstrip have been constructed, and hundreds of cattle brought in.

– The rate of deforestation in the territory has “exploded” – by more than 27,000% in the last two years.

OPI has also released a report on the invasion of the Piripkura lands. Their research has revealed that the Piripkura’s is now the most deforested uncontacted indigenous territory in Brazil. More than 12,000 hectares has already been destroyed.

The Uncontacted or Destroyed campaign highlights several uncontacted territories currently shielded by Land Protection Orders which are due to expire soon.

The only contacted Piripkura, a woman known as Rita, recently told Survival in a unique video appeal that outsiders operating illegally inside her people’s territory could soon kill her relatives, and described how nine of her relatives were massacred in one attack.

Sarah Shenker, head of Survival’s Uncontacted Tribes campaign, said today: “There could be no greater proof of the total impunity – indeed, active support – that land invaders enjoy under President Bolsonaro than this: commercial ranching operations in a vitally important indigenous territory that’s supposed to be protected by law. The invaders are fast approaching the uncontacted Piripkura. They’re resisting with all their might, and so must we. Only a major public outcry can prevent the genocide of the Piripkura and other uncontacted tribes. And an added bonus? A far cheaper and more effective way to protect Amazon rainforest than the fatal ‘solutions’ pushed by governments at COP.”

Elias Bigio of OPAN said today: “That area we flew over has been newly-cleared for beef production. They’ve already logged it, now they’re turning it into pasture for cattle.”

OPI said: “The Indigenous Territory and the Piripkura are extremely threatened. It’s the same thing that’s happened in other uncontacted tribes’ territories – the destruction is the ‘Bolsonaro Effect’, as it’s accelerated since 2019.”

Indigenous Papuans won their forest back from a palm oil firm, but still lack land title

Indigenous Papuans won their forest back from a palm oil firm, but still lack land title

This article originally appeared in Mongabay.

Editor’s note: The strong focus on mapping forests mentioned in this article makes one suspicious. Mapping is needed for governments to control “natural ressources” and give concessions to companies to exploit them. It was never needed for indigenous populations, so far as, since they’ve known their landbase for millenia. Wherever you are, don’t trust governments. Never. People worldwide must understand that governments always serve the rich and powerful exploiters and never the local residents.

By

Featured image: Mangrove forests around the Segun village in West Papua, Indonesia. Image by Hans Nicholas Jong/Mongabay.

  • Indigenous villagers in Sorong district, West Papua province, have for years resisted the arrival of the palm oil industry into their territory, yet still saw their ancestral forests signed away by the government for an oil palm concession.
  • Earlier this year, the Sorong district government revoked the concession, citing a litany of violations by the concession holder.
  • The villagers have welcomed the move, but are demanding the government take further action to ensure the legal recognition of their rights to their customary forests.
  • They say it’s important to prevent the customary forests from being given away to other companies in the future.

SORONG, West Papua — Indigenous people in Indonesia’s West Papua province are fighting for the rights to their ancestral forests, now that the local government has rescinded licenses for oil palm concessions on their lands.

For years, the residents of Segun village in West Papua’s Sorong district feared that their forests would be razed to make way for the overlapping concession awarded to PT Sorong Agro Sawitindo (SAS), a palm oil company.

So the announcement in April by Sorong district head Johny Kamuru that the concession had been revoked came as a major relief for the villagers.

In revoking the company’s permits, Johny’s administration cited myriad violations, including SAS’s failure to obtain a right-to-cultivate permit, or HGU, the last in a series of licenses that oil palm companies must obtain before being allowed to start planting. As a result, the concession had been left uncultivated and abandoned for years.

“We are really grateful for the Sorong district head,” Felix Magalik, a Segun village elder, says. “I really support the district head’s [decision] because that’s what’s right for the future of our children and grandchildren.”

Yet despite the permit revocation, the villagers’ rights to their ancestral forests still hasn’t been officially recognized by the government. In fact, no ancestral forests in the region have been recognized as such by the national government, and the process to gain this legal recognition is usually a costly and time-consuming one.

The Segun villagers are now asking the government to grant them legal recognition to their land rights to prevent their areas from being given away to other companies in the future.

“We, the Indigenous elders in Segun, don’t approve of palm oil companies,” Felix says. “We don’t want our forests to be bald. Where would our children and grandchildren eat [if the forests are gone]?”

West Papua is home to some of the richest swaths of forest remaining in Indonesia, and Indigenous communities like the one in Segun rely on the forests for their livelihoods.

Samuel Ketumlas, the Segun village secretary, says the forests provide everything the villagers need.

“Since we were young, we have lived from nothing but the trees,” he says. “We think ahead by looking back at the lives of our elders. People who live from the forests — they will not live a hard life.”

Felix Magalik (left), a Segun village elder, and Perminas Hay (right), the current village chief, speak at the latter’s house in West Papua, Indonesia. Image by Hans Nicholas Jong/Mongabay.

Enter palm oil

In 2006, the Segun villagers were approached in by businesspeople and politicians who had plans to raze the village’s ancestral forests for oil palm plantations. Some of the villagers welcomed the plan after SAS promised them better livelihoods, infrastructure and money, according to Perminas Hay, the current village chief.

The company gave each of the five clans in the village 10 million rupiah ($700), he says.

Then, in 2007, a local lawmaker invited two villagers, Saung Salagilik and Josias Ketumlas, on a trip to visit oil palm plantations in Kalimantan, the Indonesian portion of the island of Borneo, Perminas says.

“Once there, the native people in Kalimantan told Saung, ‘If you return to Papua, don’t accept the company. If you do that, you’ll end up suffering like us. You’ll end up with nothing,’” Permias tells Mongabay during a visit to his house.

Once Saung returned to his village, he spread the word of caution to his neighbors. In the end, the villagers rejected the palm oil company’s offer. At the same time, however, other villages in the region, like Waimon and Gisim, were signing agreements with other palm oil companies.

The Segun villagers held their ground. Yet despite this opposition, SAS managed to obtain licenses from the government to convert the community’s forests for oil palm plantations.

The villagers were left in the dark.

“We already rejected [the company]. We didn’t know how they got in,” says Ishak Mili, the cultural leader in Segun.

Segun village in West Papua, Indonesia. Image by Hans Nicholas Jong/Mongabay.

Rights recognition

Following the latest developments, the local government has taken over SAS’s concession and is preparing the next steps to ensure that the villagers’ rights to their ancestral lands are legally recognized by the national government.

“After [the permits are] revoked, our journey is not over yet,” says Benidiktus Hery Wijayanto, head of the West Papua provincial agriculture department. “There are more processes to make sure that these areas are returned to their customary owners because de facto, even de jure, there’s not a single centimeter of land in Papua and West Papua provinces that doesn’t have owners.”

The first step toward the recognition of the ancestral lands is mapping the Indigenous territories.

“Actually the key is in the mapping process of customary lands,” Benidiktus says. “If that process is completed, it’ll be the basis [for recognition of customary lands].”

But he adds it’s a big challenge.

“In my opinion, this task is quite heavy because [we have to] map vast territories,” Benidiktus says. “We all know that in one region there can be a number of clans.”

Sorong district head Johny says his government began mapping Indigenous territories in 2018, following the issuance of a local regulation in 2017 that serves as the basis for acknowledging Indigenous rights.

He says his government will continue to facilitate the mapping by working with the LMA, the umbrella organization for Indigenous communities in Sorong.

Once the maps of the Indigenous territories have been drawn up, the local government can issue an executive decree formally recognizing the Indigenous status of the community.

This decree and the maps will then be submitted to the Ministry of Environment and Forestry, which in turn will issue its own decree recognizing the rights of the Indigenous community to their forests under the customary forest scheme.

That will mean the state would finally relinquish control over the forests to the Indigenous community.

Every step of this process is long, arduous, and expensive. Nationwide, the ministry has granted titles to just 80 communities for a total of 59,442 hectares (146,900 acres) of land under the customary scheme as of July this year — far short of the 10.56 million hectares (26 million acres) of customary forests that have been independently mapped by 833 Indigenous communities across Indonesia. Those maps were submitted to the ministry in 2019.

There have been no customary forest titles granted in the provinces of West Papua and Papua, despite Indigenous communities across the region having mapped their territories.

Sorong district head Johny Kamuru. Image by Hans Nicholas Jong/Mongabay.

Special autonomy

Since the Sorong government facilitated the recognition of Indigenous peoples’ rights to their customary forests through the issuance of the executive decree in 2017, the ball is now in the court of the national government, according to Suroso, an adviser to the Sorong district head.

Indigenous communities in the Malaumkarta Raya area of Sorong have already mapped out their territory and applied to the environment ministry for title to more than 12,000 hectares (29,600 acres) of customary forests, Suroso says. They’re still waiting for their application to be verified by the ministry.

“But to date, no verification team [has been sent by the ministry] to declare the customary forests,” Suroso says. “The determination of customary forests still falls under the authority of [the national government in] Jakarta as stipulated in a regulation issued by the environment ministry. Local governments have no rights [to declare customary forests].”

Suroro says the special autonomy granted to West Papua and Papua provinces should allow local governments here to declare customary forests for their Indigenous communities. But it’s overridden by the regulation issued by the environment ministry.

District head Johny says the special autonomy should be followed up with an implementing regulation that grants local governments in West Papua and Papua the authority to declare customary forests.

“The special autonomy law shouldn’t be seen only as a law that facilitates the disbursement of money [from the national government to local governments],” he says, adding it “will become a ticking time bomb” if it fails to protect Indigenous peoples in these provinces. “And at some point, it will explode.”

For now, a special committee in the West Papua provincial legislature is tasked with drafting the implementing regulations for the special autonomy law.

“Please communicate [this issue] to the committee, so that it comes to their attention and [the authority to declare customary forests] is included in the draft of the implementing regulation,” Johny says. “That’s what’s most important if we want to protect and keep customary forests in Papua.”

And protecting customary forests in the region means ensuring the future of the Indigenous peoples there, for whom the forests are an integral part of their lives, according to Paulus Safisa, the chief of the Indigenous Moi peoples under the LMA in Sorong.

“Our friends in Java can cultivate rice. But we in Papua, we depend on our forests,” he says. “For the Moi Indigenous people, forests are like their birth mother who breastfeeds them every day. Or like their backbone. If it’s broken, we can’t walk and live. It’s the same as death.”

Editor’s note: The reporter traveled to West Papua as a guest of the EcoNusa Foundation, which advocates for sustainable resource management. EcoNusa does not have any editorial influence on this or any other story Mongabay produces.

Indigenous leaders from India denounce Modi over coal hypocrisy

Indigenous leaders from India denounce Modi over coal hypocrisy

Editor’s note: This struggle continues and we will continue to cover it. Deep Green Resistance against civilization is the only way to prevail. It “will not go quietly into the night.” – William Shakespeare

This story first appeared in Survival International.

Representatives of India’s Adivasi (Indigenous) people have denounced PM Narendra Modi for proclaiming his green credentials at COP, whilst simultaneously planning a massive expansion of coal mining on their lands.

The lands and livelihoods of tens of thousands of tribal people will be destroyed under Modi’s plan to open 55 new coal mines, expand 193 existing ones, and produce 1 billion tonnes of coal a year. Eighty per cent of the new mines will be on Adivasi land.

Vast areas of tribal forests are being sold off without the people’s consent. Corporations including Adani, Jindal and Vedanta are snapping up coalfields which are being auctioned as part of Modi’s coal rush.

One of the areas targeted is the priceless Hasdeo Forest in Chhattisgarh, home to twenty thousand Adivasis. Two mines are already operational there, and a third, Parsa, has just been approved. The Parsa mine will be operated by mining giant Adani, whose subsidiary was recently announced as a sponsor of London’s Science Museum.

Shakuntala, an Oraon leader from Hasdeo, said: “If the mine comes to Hasdeo forest, the entire region, including the Adivasi villages will be destroyed. The forest gives us everything we need – if the mine is opened there will be nothing left. Everything will be uprooted. The Earth is our Mother. We are the sons and daughters of the Earth. So how can we watch anyone destroy our Mother? We are ready to give our lives for Mother Earth.

“Whenever the government wants, it gives our land away for industries and coal mining. So we Adivasis are not free. We do not accept this slavery. We will give everything we have to resist this slavery: our bodies, our souls, our lives, but we will never accept it. We will not give our forests and lands away. If we do, the Adivasi existence will be lost forever.”

Phillip, an Oraon activist. His people’s land (behind him) has been sliced in two by a giant coal mine.

Phillip, an Oraon activist. His people’s land (behind him) has been sliced in two by a giant coal mine.
© Survival

Phillip, an Oraon activist from Jharkhand, said: “We Adivasi people can save the Earth… but they see no value for this. They just want us to be dead… That waste dump you see behind me, that is how Modi sees us Adivasis. I want to say to Modi: You cannot sit in power long. To Adani and Ambani: big corporations like you people need to also pay attention. We Adivasi people will not just leave our lands to you. Because, if anything can save the world, it is the worldview of the Adivasi people. There is no other way. You are destroying the environment, which is Adivasi people’s life, by mining. Hear me straight: Change yourself, or nature will change you for the better.”

Athram, a Gond lawyer and leader from Andhra Pradesh, said: “Now, there is a world COP summit going on, and I want to warn the COP leaders attending the summit: You talk about environmental protection, but Adivasi people are the real protectors of the environment. The government is bringing in so many projects to destroy Adivasi people. The environment is getting destroyed. Our culture, our lifestyle and our forests are being destroyed by this government.

“The same leaders of the government go to these summits, to lie that ‘I save the environment’ and so on. How big a lie can they get away with? Destroying our communities and destroying environment by imposing destructive projects on our lands, is against the [Paris] agreement. Here you are destroying our people and there [Glasgow] you are speaking about environment protection as if you are protecting it on your own. Why are you lying like this? We Adivasis… can take care of our lands; we know how to protect it. We want our lands, our territory. Who are you? You sit somewhere in Delhi and then go to meetings like this and speak as if you are a “great environmental protector.” Don’t lie like this.”

And Mukesh, a Ho activist from Jharkhand, said: “I want to send this message to the COP leaders who are of the opinion that they can save our environment, while also continuing to push mining and industrialization. Because of mining, our forests will be deforested, our rivers silted up. If our forests and ecosystems, which are our schools, are destroyed, then our knowledge will also be destroyed. If our knowledge gets destroyed, the future of the planet will be in danger. So, that’s why, to save the planet, you have to save the Adivasi people living in their ecosystems.”

Survival recently launched, in collaboration with Adivasi representatives, its Adivasis Against Coal campaign, to press the Indian authorities to stop coal mining on Adivasi land without their consent.

Every Day Is Columbus Day

Every Day Is Columbus Day

Editor’s note: Colonialism has not ended. It is in full force. It is what civilization does. For this to end, governments must give the Land Back. All BLM, Forests and Park land should be returned to the sovereign Nations it was stolen from. Turtle Island is Treaty Land, ceded or unceded. Treaties are the Supreme Law of the Land and must be honored. Australia just returned more than 395,000 acres of land to the Eastern Kuku Yalanji people. It included the Daintree National Park which is believed to be the oldest living rainforest in the world. Protections for the Bears Ear National Monument are being reinstated and management of the 1.3 million acres will be placed back into indigenous management.
Rightful Lands, Rightful Hands!

This story first appeared in Common Dreams.

What Columbus achieved through bloodshed and savagery is now accomplished with paper weapons wielded in a federal court.

By KAREN BRESLIN

As Colorado and other states eliminate Columbus Day as a holiday, it might seem as if our society has begun to repudiate the legacy of a slave trader/explorer who fed Spain’s lust for gold by trafficking in, and annihilating, native peoples. In truth, we continue to celebrate it.

We celebrate it every time the desires of the dominant culture override the concerns of native peoples about destruction of their homelands and sacred sites. Despite relentless legal and political resistance from affected tribes, Canadian oil that is produced by converting forests to sand pits recently began flowing through the Enbridge Line 3 pipeline.

The U.S. Senate should adopt a resolution endorsing the UN Declaration and explicitly repudiate the white supremacy of Johnson v. McIntosh. Only then will Columbus’s legacy be in doubt.

Earlier this year, a federal court ordered the federal government to reassess the environmental impacts of the Dakota Access Pipeline, yet the Biden administration is allowing it to continue to operate.

In the coming days, it is likely that, over the objections of native people, including the Fort McDermitt Paiute-Shoshone Tribe and Atsa Koodakuh Wyh Nuwu/People of Red Mountain, backhoes will claw into Thacker Pass, Nevada, a relatively pristine desert landscape and site of a U.S. Cavalry massacre of Paiutes. Thacker Pass contains the largest lithium reserves in the United States. The mine will destroy nearly 5,700 acres to fuel the “green energy” revolution touted by advocates of the Green New Deal.

Affected tribes and native activists asked U.S. District Court Judge Miranda Du to stop the excavation, which she declined to do. The federal-agency defendants “do not dispute that the Tribes consider the entire Thacker Pass area sacred,” Judge Du stated. Regardless, she noted that the tribes lack the “right to prevent all digging in the entire Project area” and instead are entitled only to consultation with U.S. officials.

What Columbus achieved through bloodshed and savagery is now accomplished with paper weapons wielded in a federal court.

Judge Du’s blunt statement about the toothless legal recourse available to tribes also reveals the white supremacy embedded in federal law. In 1823, in Johnson v. McIntosh, Justice John Marshall cited the “superior genius” of Europe as justification for federal dominance over native nations. Marshall acknowledged how “extravagant the pretension of converting the discovery of an inhabited country into conquest may appear.” Still, “if the principle has been asserted in the first instance, and afterwards sustained; if a country has been acquired and held under it; if the property of the great mass of the community originates in it, it becomes the law of the land and cannot be questioned.”

Nearly 200 years after Marshall invoked the “Doctrine of Discovery,” the fundamental relationship between native nations and the U.S. government is unchanged. Despite occasional pledges from presidents to honor native rights, those promises are mostly gimmicks designed to distract from the day in, day out policy choices that undermine native rights through federal approval of projects like the Thacker Pass lithium mine and the Dakota Access and Enbridge pipelines.

The Obama administration endorsed the UN Declaration on the Rights of Indigenous Peoples, which requires states to obtain “free, prior and informed consent” before taking actions that affect native peoples, yet that endorsement has had no effect on approval of massive projects so destructive to native lands. For this reason, the Biden administration should immediately enforce those protections in federal permitting decisions. The U.S. Senate should adopt a resolution endorsing the UN Declaration and explicitly repudiate the white supremacy of Johnson v. McIntosh. Only then will Columbus’s legacy be in doubt.


Karen Breslin is an attorney and teaches political science at Metropolitan State University of Denver.