Brazil: European colonial history exposed in landmark court case

Brazil: European colonial history exposed in landmark court case

Editor’s note: The American Holocaust (a term coined by David Stannard) is the largest genocide in human history. The atrocities are ongoing and being reinforced by fascists like Jair Bolsonaro, providing another example that capitalism and fascism are two sides of the same coin.

Featured image: Indigenous protest, Brazil April 2018. ‘By painting the streets red, we’re showing how much blood has already been shed in the struggle to protect indigenous territories,’ – Sônia Guajajara, a spokeswoman for APIB (Brazilian indigenous organization).
© Marcelo Camargo/Agência Brasil


By Survival International

The land rights of the Xokleng, a tribe that was violently expelled from its territory in the 19th and 20th centuries to make way for European colonists, are now the focus of a landmark court case in Brazil.

The Xokleng were brutally persecuted and evicted by armed militias to make way for European settlers. The Supreme Court hearing into the so-called “Time Limit Trick” could now set the effects of these and subsequent evictions in stone, establishing a precedent which would have far-reaching consequences for indigenous peoples in Brazil.

Other Xokleng communities are also fighting to recover some of their territory. The Xokleng Konglui in Rio Grande do Sul state have launched a 'retomada' (reoccupation) of their land, which is now occupied by a national park. The government wants to make it an 'ecotourism' destination.

Other Xokleng communities are also fighting to recover some of their territory. The Xokleng Konglui in Rio Grande do Sul state have launched a ‘retomada’ (reoccupation) of their land, which is now occupied by a national park. The government wants to make it an ‘ecotourism’ destination. © Iami Gerbase/Survival

The case centers around the demarcation of the “Ibirama La Klãnõ” Indigenous Territory in the state of Santa Catarina in southern Brazil. If they win, the Xokleng would be able to return to a significant part of their ancestral territory.

However, the official demarcation of the territory has been suspended following a lawsuit filed by non-indigenous residents and a logging company operating in the area. They argue that on October 5, 1988 – the date the Brazilian Constitution was signed – the Xokleng only lived in limited parts of the territory and therefore have no right to most of their original land. If this argument succeeds, it would legitimize centuries of evictions experienced by indigenous peoples throughout Brazil.

The Brazilian government encouraged Europeans to settle on indigenous land, and allocated them large parts of the Xokleng and other indigenous territories at the beginning of the 20th century. It also financed a so-called “Indian-hunting militia”, which accelerated the colonial land grab. This militia specialized in the extermination of indigenous peoples and hunted down the Xokleng.

“The Redskins are interfering with colonization: this interference must be eliminated, and as quickly and thoroughly as possible,” German colonists demanded at the time.

German settlers resented Xokleng attempts to defend their territories, and frequently subjected them to cruel “punitive expeditions.”

The Xokleng territory was continuously reduced over several decades. In the 1970s, a dam was built in the small part that remained.

Map of the current (Ibirama) and planned (Ibirama La Klãnõ) indigenous territory. The expansion of the territory is the cause of the legal dispute.

Map of the current (Ibirama) and planned (Ibirama La Klãnõ) indigenous territory. The expansion of the territory is the cause of the legal dispute. © Marian Ruth Heineberg/Natalia Hanazaki based on data from FUNAI/IBGE/MMA.

If Brazil’s Supreme Court votes in favor of the “Time Limit Trick”, it would have devastating consequences for many other indigenous peoples, and their chances of reclaiming their ancestral territories. It could enable the theft of land that is rightfully owned by hundreds of thousands of tribal and indigenous people. The validity of existing indigenous territories could then also come into question.

Brasílio Priprá, a prominent Xokleng leader, said: “If we didn’t live in a certain part of the territory in 1988, it doesn’t mean it was “no man’s land” or that we didn’t want to be there. The “Time Limit Trick” reinforces the historical violence that continues to leave its mark today.”

Indigenous organizations and their allies, including Survival, began raising fears about the “Time Limit Trick” in 2017, calling it unlawful because it violates the current Brazilian Constitution and international law, which clearly states that indigenous peoples have the right to their ancestral lands.

President Bolsonaro is turning back the clock on indigenous rights, attempting to: erase their right to self-determination; sell off their territories to logging and mining companies; and ‘assimilate’ them against their will. Survival International and tribal peoples are fighting side by side to stop Brazil’s genocide.

Fiona Watson of Survival International said today: “The history of the Xokleng shows just how absurd the “Time Limit Trick” is: Indigenous peoples have been evicted from their lands, hunted down and murdered in Brazil for centuries. Those who demand that in order to have the right to their land now, indigenous lands had to have been inhabited by indigenous communities on October 5, 1988 – after the end of the military dictatorship – are denying this history and perpetuating the genocide in the 21st century.”

Note to the editor:

– More information on the Xokleng and their history can be found here.
– The case before the Court concerns only the Xokleng of Ibirama La Klãnõ indigenous territory. There are many other Xokleng communities.

Pollution Report: Oceans are ‘at the precipice of disaster’

Pollution Report: Oceans are ‘at the precipice of disaster’

The aquatic food web has been seriously compromised by chemical pollution and climate change.

This article originally appeared on Climate and Capitalism


A report released today by the International Pollutants Elimination Network (IPEN) and the National Toxics Network (NTN) says that rising levels of chemical and plastic pollution are major contributors to declines in the world’s fish populations and other aquatic organisms.

Dr. Matt Landos, co-author of the report, says that many people erroneously believe that fish declines are caused only by overfishing. “In fact, the entire aquatic food web has been seriously compromised, with fewer and fewer fish at the top, losses of invertebrates in the sediments and water column, less healthy marine algae, coral, and other habitats, as well as a proliferation of bacteria and toxic algal blooms. Chemical pollution, along with climate change itself a pollution consequence, are the chief reasons for these losses.”

Aquatic Pollutants in Oceans and Fisheries documents the numerous ways in which chemicals compromise reproduction, development, and immune systems among aquatic and marine organisms. It warns that the impacts scientists have identified are only likely to grow in the coming years and will be exacerbated by a changing climate.

As co-author Dr. Mariann Lloyd-Smith points out, the production and use of chemicals have grown exponentially over the past couple of decades. “Many chemicals persist in the environment, making environments more toxic over time. If we do not address this problem, we will face permanent damage to the marine and aquatic environments that have nourished humans and every other life form since the beginning of time.”

The report identifies six key findings:

  1. Overfishing is not the sole cause of fishery declines. Poorly managed fisheries and catchments have wrought destruction on water quality and critical nursery habitat as well as the reduction and removal of aquatic food resources. Exposures to environmental pollutants are adversely impacting fertility, behavior, and resilience, and negatively influencing the recruitment and survival capacity of aquatic species. There will never be sustainable fisheries until all factors contributing to fishery declines are addressed.
  2. Chemical pollutants have been impacting oceanic and aquatic food webs for decades and the impacts are worsening. The scientific literature documents man-made pollution in aquatic ecosystems since the 1970s. Estimates indicate up to 80% of marine chemical pollution originates on land and the situation is worsening. Point source management of pollutants has failed to protect aquatic ecosystems from diffuse sources everywhere. Aquaculture is also reaching limits due to pollutant impacts with intensification already driving deterioration in some areas, and contaminants in aquaculture feeds affecting fish health.
  3. Pollutants including industrial chemicals, pesticides, pharmaceuticals, heavy metals, plastics and microplastics have deleterious impacts to aquatic ecosystems at all trophic levels from plankton to whales. Endocrine disrupting chemicals, which are biologically active at extremely low concentrations, pose a particular long-term threat to fisheries. Persistent pollutants such as mercury, brominated compounds, and plastics biomagnify in the aquatic food web and ultimately reach humans.
  4. Aquatic ecosystems that sustain fisheries are undergoing fundamental shifts as a result of climate change. Oceans are warming and becoming more acidic with increasing carbon dioxide deposition. Melting sea ice, glaciers and permafrost are increasing sea levels and altering ocean currents, salinity and oxygen levels. Increases in both de-oxygenated ‘dead zones’ and coastal algal blooms are being observed. Furthermore, climate change is re-mobilizing historical contaminants from their ‘polar sinks.’
  5. Climate change and chronic exposures to pesticides all can amplify the impacts of pollution by increasing exposures, toxicity and bioaccumulation of pollutants in the food web. Methyl mercury and PCBs are among the most prevalent and toxic contaminants in the marine food web.
  6. We are at the precipice of disaster, but have an opportunity for recovery. Progress requires fundamental shifts in industry, economy and governance, the cessation of deep-sea mining and other destructive industries, and environmentally sound chemical management, and true circular economies. Re-generative approaches to agriculture and aquaculture are urgently required to lower carbon, stop further pollution, and begin the restoration process.
The Forest People: Life and Death under the Green Revolution

The Forest People: Life and Death under the Green Revolution

This article, originally published on Resilience.org, describes the dangers of the modern, western conception of “untouched wilderness” and its drastic consequences for the last human cultures still inhabiting dense forests. Calling the forests their home for millenia, they are not only threatened by mining and logging companies, but by modern “environmental” NGO’s and their policies of turning forests into national parks devoid of human presence, pushing the eviction of their ancestral human inhabitants.

Featured image: Pygmy houses made with sticks and leaves in northern Republic of the Congo


One of the oldest myths impressed into the minds of modern people is the image of the wild, virgin forest.

The twisted, gnarled and dense trees, complete with ancient ferns, silent deer and patches of sunlight through gaps in the canopy. In this vision there are no people, and this is a striking feature of what we mean by ‘wilderness’. We have decided that humans are no longer a natural part of the wild world. Unfortunately, these ideas have real world consequences for those remaining people who do call rainforests and woodlands their homes. Approximately 1,000 indigenous and tribal cultures live in forests around the world, a population close to 50 million people, including the Desana of Colombia, the Kuku-Yalanji of Australia and the Pygmy peoples of Central Africa and the Congo. This is a story about those people of the Congolese forests, about how their unique way of life is threatened by the very people who should be defending them and how rainforests actually thrive when humans adapt to a different way of life.

The Democratic Republic of Congo has to be amongst modernity’s greatest tragedies.

Almost no-one knows that the ‘Great African War’, fought between 1998 and 2003, saw 5.4 million deaths and 2 million more people displaced. Very few can grasp the bewildering complexity of armed groups, of the ethnic and political relationships between the Congo and Rwanda or the sheer scale of the conflict, which at its height saw 1000 civilians dying every day. And yet this is also a country of staggering beauty, a sanctuary to the greatest levels of species diversity in Africa. It is home to the mountain gorilla, the bonobo, the white rhino, the forest elephant and the okapi. Roughly 60% of the country is forested, much of it under threat by logging and subsistence farming expansions. The Congolese Pygmy peoples have been living here since the Middle Stone Age, heirs to a way of life over 100,000 years old. A note here on naming – the term Pygmy is considered by some to be offensive and the different people grouped under the title prefer to call themselves by their ethnic identities. These include the Aka, the Baka, the Twa and the Mbuti. The Congolese Pygmy people are grouped under the Mbuti – the Asua, the Efe and the Sua. In general these all refer to Central African Foragers who have inherited physical adaptations to life in the rainforest, including shortened height and stature.

The Mbuti people are hunters, trappers and foragers, using nets and bows to drive and catch forest animals. They harvest hundreds of kinds of plants, barks, fruits and roots and are especially obsessed with climbing trees to source wild honey, paying no heed to the stings of the bees. In many ways theirs is an idyllic antediluvian image of carefree hunter-gatherers, expending only what energy they need to find food and make shelters, preferring to spend their lives dancing, laughing and perfecting their ancient polyphonic musical tradition. Of course, this is an edenic view and the reality of their lives is much more complex and far more tragic, but it is worth highlighting the key environmental role they play as stewards and denizens of the forests. The Mbuti have been in the Congolese forests for tens of millennia, living within the carrying capacity of the land and developing sophisticated systems of ecological knowledge, based on their intimate familiarity with the rhythms and changes of the wildlife and the plants. Despite other groups of hunter-gatherers eating their way through large herds of megafauna, the Mbuti can live alongside elephants, rhinos and okapi without destroying their numbers.

In spite of this, the Mbuti and other Pygmy peoples have been attacked and evicted from their forests for decades.

In the 1980’s, the government of Congo sold huge areas of the Kahuzi Biega forest to logging and mining companies, forcibly removing the Batwa people and plunging them into poverty. To this day, many of their descendents live in roadside shanties, refused assistance from the State, denied healthcare and even the right to work. Many have since fled back to the forests. Alongside the mining and logging companies, conservation charities have been targeting the Baka peoples for evictions. In particular the World Wildlife Fund (WWF) has been lobbying to convert the Messok Dja, a particularly biodiverse area of rainforest in the Republic of Congo, in a National Park, devoid of human presence. This aggressive act of clearance is rooted in the idea that a ‘wilderness’ area should not contain any people, thus rendering the original inhabitants of the forests as intruders, invaders and despoilers of ‘Nature’. The charity Survival – an organisation dedicated to indigenous and tribal rights – has been campaigning for WWF to stop their activities. In particular Survival has successfully documented numerous abuses committed by the Park Rangers, whose activities are funded by WWF and others:

“notwithstanding the fact that Messok Dja is not even officially a national park yet, the rangers have sown terror among the Baka in the region. Rangers have stolen the Baka’s possessions, burnt their camps and clothes and even hit and tortured them. If Baka are found hunting small animals to feed their families they are arrested and beaten”

Outside of the forest, the Baka and other Pygmy peoples face widespread hostility and discrimination from the majority Bantu population.

Many are enslaved, sometimes for generations, and are viewed as pets or forest animals. The situation is no better within the Democratic Republic of Congo (DRC), where the endless cycles of violence have seen the most shocking abuses against the Mbuti populations. Even in the most peaceful areas, park rangers regularly harass and abuse Mbuti hunters and villagers, illegally cutting down trees for charcoal or shooting animals for meat. In some places the Batwa people have formed militias, often armed with little more than axes and arrows, to defend themselves against slaving raids by the neighbouring Luba people.

The worst events for the Mbuti people in recent years began during the Rwandan genocide, where the Hutu Interahamwe paramilitaries murdered over 10,000 Pygmies and drove a further 10,000 out of the country, many of whom fled into the forests of the DRC. Later, between 2002 and 2003, a systematic campaign of extermination was waged against the Bambutis of the North Kivu province of DRC. The Movement for the Liberation of Congo embarked on a mission, dubbed Effacer le tableau – ‘cleaning the slate’, which saw them kill over 60,000 Pygmies. In part this was motivated by the belief that the Bambuti are subhumans, whose flesh possesses magical powers to cure AIDS and other diseases. Many of the victims were also killed, traded and eaten as bushmeat. Cannibalism against the Pygmy peoples has been reported throughout the Congolese Civil Wars, with almost all sides engaging in the act.

Unsurprisingly under these pressures, the Mbuti and other groups have been displaced, broken up and scattered throughout Central Africa. In part this has always been the intention of these campaigns, for the Congo region is not an isolated backwater of the modern world, but an integral part of the material economy of advanced modernity. In particular Central Africa has been cursed with an abundance of precious and important metals and minerals, including: tin, copper, gold, tantalum, diamonds, lithium and, crucially, over 70% of the world’s cobalt. The intensive push for electric vehicles (EVs) by the EU and the USA has seen prices for battery components skyrocket. Cobalt in particular reached $100,000 per tonne in 2018. Tantalum is also heavily prized, as a crucial element for nearly all advanced electronics and is found in a natural ore called coltan. Coltan has become synonymous with slavery, child labour, dangerous mining conditions and violence. Almost every actor in the endless conflicts in DRC have been involved in illegally mining and smuggling coltan onto the world market, including the Rwandan Army, who set up a shell company to process the ore obtained across the border. Miners, far from food sources, turn to bushmeat, especially large primates like gorillas. An estimated 3-5 million tonnes of bushmeat is harvested every year in DRC, underlining the central role that modern electronic consumption has on the most fragile ecosystems. In this toxic mix of violent warlordism, mineral extraction, logging, bushmeat hunting and genoicide, the Mbuti people have struggled to maintain their way of life. Their women and children end up pounding lumps of ore, breathing in metal dusts, they end up as prostitutes and slaves, surviving on the margins of an already desperate society.

In Mbuti mythology, their pantheon of gods are directly weaved into the life of the rainforest.

The god Tore is the Master of Animals and supplies them for the people. He hides in rainbows or storms and sometimes appears as a leopard to young men undergoing initiation rites deep in the trees. The god of the hunt is Khonvoum, who wields a bow made of two snakes and ensures the sun rises every morning. Other animals appear as messengers, such as the chameleon or the dwarf who disguises himself as a reptile. These are the cultural beliefs of a people who became human in the rainforest, adapted down the bone to its tempos and seasons. They are a part of the ecosystem, as much as the gorilla or the forest hog. Their taboos recognise the evil of hunting in an animal’s birthing grounds, or the importance of never placing traps near fresh water. Breaking these results in a metaphysical ostracism known as ‘muzombo’, a kind of spiritual death and sometimes accompanied by physical exile from the village. As far as their voice has counted for anything under the deluge of horror that modernity has unleashed upon them, they want to be left alone, to hunt and fish in their forests, to live close to their ancestors and to raise their children in peace and safety.

The expansion of the ‘Green New Deal’ and the rise of ‘renewable’ industrial technologies may be the death knell for these archaic and peaceful people.

Make no mistake, these green initiatives – electric vehicles, wind turbines, solar batteries – these are actively destroying the last remaining strongholds of biodiversity on the planet. The future designs on the DRC include vast hydroelectric dams and intensive agriculture, stripping away the final refuges of the world. Now, more than ever, the Mbuti and other Pygmy peoples need our solidarity, an act which can be as simple as not buying that next iPhone.


Editor’s note on the last sentence of this otherwise well-written article: Personal consumer choices are no means of political action and will not save the planet. If you don’t buy the next iPhone someone else will. The whole globalized industrial system of exploitation which makes iPhones possible in the first place has to be stopped.

“May the truth be your armor” [Excerpts from Bright Green Lies]

“May the truth be your armor” [Excerpts from Bright Green Lies]

This prologue is the first of a series of excerpts we will publish from the new book Bright Green Lies.


PROLOGUE

By Lierre Keith

We are in peril. Like all animals, we need a home: a blanket of air, a cradle of soil, and a vast assemblage of creatures who make both. We can’t create oxygen, but others can–from tiny plankton to towering redwoods. We can’t build soil, but the slow circling of bacteria, bison, and sweetgrass do.

But all of these beings are bleeding out, species by species, like Noah and the Ark in reverse, while the carbon swells and the fires burn on. Five decades of environmental activism haven’t stopped this. We haven’t even slowed it. In those same five decades, humans have killed 60 percent of the earth’s animals. And that’s but one wretched number among so many others.

That’s the horror that brings readers to a book like this, with whatever mixture of hope and despair. But we don’t have good news for you. To state it bluntly, something has gone terribly wrong with the environmental movement.

Once, we were the people who defended wild creatures and wild places. We loved our kin, we loved our home, and we fought for our beloved. Collectively, we formed a movement to protect our planet. Along the way, many of us searched for the reasons. Why were humans doing this? What could possibly compel the wanton sadism laying waste to the world? Was it our nature or were only some humans culpable? That analysis is crucial, of course. Without a proper diagnosis, correct treatment is impossible. This book lays out the best answers that we, the authors, have found. We wrote this book because something has happened to our movement. The beings and biomes who were once at the center of our concern have been disappeared. In their place now stands the very system that is destroying them. The goal has been transformed:

We’re supposed to save our way of life, not fight for the living planet; instead, we are to rally behind the “machines making machines making machines” that are devouring what’s left of our home.

Committed activists have brought the emergency of climate change into broad consciousness, and that’s a huge win as the glaciers melt and the tundra burns. But they are solving for the wrong variable. Our way of life doesn’t need to be saved. The planet needs to be saved from our way of life.

There’s a name for members of this rising movement: bright green environmentalists. They believe that technology and design can render industrial civilization sustainable. The mechanism to drive the creation of these new technologies is consumerism. Thus, bright greens “treat consumerism as a salient green practice.”1

Indeed, they “embrace consumerism” as the path to prosperity for all.2 Of course, whatever prosperity we might achieve by consuming is strictly time limited, what with the planet being finite. But the only way to build the bright green narrative is to erase every awareness of the creatures and communities being consumed. They simply don’t matter. What matters is technology. Accept technology as our savior, the bright greens promise, and our current way of life is possible for everyone and forever. With the excised species gone from consciousness, the only problem left for the bright greens to solve is how to power the shiny, new machines.

It doesn’t matter how the magic trick was done. Even the critically endangered have been struck from regard. Now you see them, now you don’t: from the Florida yew (whose home is a single 15-mile stretch, now under threat from biomass production) to the Scottish wildcat (who number a grim 35, all at risk from a proposed wind installation). As if humans can somehow survive on a planet that’s been flayed of its species and bled out to a dead rock. Once we fought for the living. Now we are told to fight for their deaths, as the wind turbines come for the mountains and solar panels conquer the deserts.

“May the truth be your armor” urged Marcus Aurelius. The truths in this book are hard, but you will need them to defend your beloved. The first truth is that our current way of life requires industrial levels of energy. That’s what it takes to fuel the wholesale conversion of living communities into dead commodities. That conversion is the problem “if,” to borrow from Australian anti-nuclear advocate Dr. Helen Caldicott, “you love this planet.” The task before us is not how to continue to fuel that conversion. It’s how to stop it.

The second truth is that fossil fuel–especially oil–is functionally irreplaceable. The proposed alternatives–like solar, wind, hydro, and biomass–will never scale up to power an industrial economy.

Third, those technologies are in their own right assaults against the living world. From beginning to end, they require industrial-scale devastation: open-pit mining, deforestation, soil toxification that’s permanent on anything but a geologic timescale, the extirpation and extinction of vulnerable species, and, oh yes, fossil fuels. These technologies will not save the earth. They will only hasten its demise.

And finally, there are real solutions. Simply put, we have to stop destroying the planet and let natural life come back. There are people everywhere doing exactly that, and nature is responding, some times miraculously. The wounded are healed, the missing reappear, and the exiled return. It’s not too late.

I’m sitting in my meadow, looking for hope. Swathes of purple needlegrass, silent and steady, are swelling with seeds–66 million years of evolution preparing for one more. All I had to do was let the grasses grow back, and a cascade of life followed. The tall grass made a home for rabbits. The rabbits brought the foxes. And now the cry of a fledgling hawk pierces the sky, wild and urgent. I know this cry, and yet I don’t. Me, but not me. The love and the aching distance. What I am sure of is that life wants to live. The hawk’s parents will feed her, teach her, and let her go. She will take her turn–then her children, theirs.

Every stranger who comes here says the same thing: “I’ve never seen so many dragonflies.” They say it in wonder, almost in awe, and always in delight. And there, too, is my hope. Despite everything, people still love this planet and all our kin. They can’t stop themselves. That love is a part of us, as surely as our blood and bones.

Somewhere close by there are mountain lions. I’ve heard a female calling for a mate, her need fierce and absolute. Here, in the last, final scraps of wilderness, life keeps trying. How can I do less?

There’s no time for despair. The mountain lions and the dragonflies, the fledgling hawks and the needlegrass seeds all need us now. We have to take back our movement and defend our beloved. How can we do less? And with all of life on our side, how can we lose?


1. Julie Newman, Green Ethics and Philosophy: An A-to-Z Guide (Thousand Oaks, CA: SAGE Publications, 2011), p. 40.

2. Ibid, p. 39

Thailand’s Indigenous Peoples fight for ‘land of our heart’ (commentary)

Thailand’s Indigenous Peoples fight for ‘land of our heart’ (commentary)

In this article, originally published on Mongabay, Pirawan Wongnithisathaporn and Thomas Worsdell describe how the indigenous peoples of Thailand, like many across the world, find themselves navigating global climate agendas and national environmental laws that position human rights as antagonistic to achieving biodiversity targets. This misguided notion has resulted in conflicting and outdated forestry laws and an increasingly securitized conservation strategy, which are jeopardizing the possibility of creating solutions that benefit the climate as well as people.

by Pirawan Wongnithisathaporn and Thomas Worsdell


  • Thailand’s legal frameworks for biodiversity conservation and international climate commitments omit the important role that its Indigenous Peoples play as stewards of the environment.
  • A militarized conservation approach has seen Indigenous communities evicted from their ancestral lands, prosecuted for enacting traditional practices, and even assaulted and killed.
  • At the heart of the problem is lack of legal recognition of Indigenous groups, and therefore a refusal to grant them tenure rights.
  • This article is a commentary and the views expressed are those of the author, not necessarily Mongabay.

On Sept. 3, 2019, the remains of Porlajee “Billy” Rakchongcharoen, a Karen environmental and community rights defender who was disappeared in 2014, were found in an oil drum submerged under the Kaeng Krachan dam suspension bridge in Phetchaburi, Thailand. Billy was last seen by his community while being arrested by Kaeng Krachan National Park superintendent Chaiwat Limlikit-aksorn and his officers for allegedly collecting wild honey illegally.

Three years before Billy’s disappearance, under the same superintendent’s watch, 98 houses and rice barns were burned in the village of Baan Jai Phaen Din, also in Kaeng Krachan National Park. Charges filed by the community against the former superintendent and the officers were controversially dropped in early 2020. In the meantime, Thai authorities continue to claim the settlement is illegal.

Established in 1981, Kaeng Krachan National Park sits on Thailand’s central border with Myanmar. Before being evicted by the military in 1996, the Karen Indigenous Peoples lived sustainably for centuries inside the park in their original village of Baan Jai Paen Din, meaning “land of our heart.” Ever since the eviction, they have been systematically resettled into the lowlands.

Recently, Karen members began returning to Baan Jai Paen Din in the uplands. As a result, they once again face renewed threats of eviction from the military and the country’s conservation authorities. The ongoing conflict in Kaeng Krachan is perhaps Thailand’s most well-known conflict between Indigenous Peoples and conservation activities — but it’s far from the only one. The Kaeng Krachan conflict is a clear example of deeper issues embedded in Thailand’s legislative system.

The Indigenous Peoples of Thailand, like many across the world, find themselves navigating global climate agendas and national environmental laws that position human rights as antagonistic to achieving biodiversity targets. This misguided notion has resulted in conflicting and outdated forestry laws and an increasingly securitized conservation strategy, which are jeopardizing the possibility of creating solutions that benefit the climate as well as people.

In Thailand, as in other countries, the moral imperative of preserving Earth systems is being used as an avenue for continued rights abuses against already vulnerable and marginalized communities. Rather than recognize the rights of those who have traditionally managed lands, Thai environmental policy favors centralized approaches to conserving “strategic” resources. As biodiversity becomes increasingly scarce, combating biodiversity loss through increasingly militarized means seems to be less about conserving species populations and more about ensuring territorial control. The implications of these militarized approaches are militarized outcomes, conflict, abuse, displacement, disappearances and violence.

Indigenous relationship with land

Justifying the displacement of Indigenous Peoples from biodiverse areas for the purpose of conservation is a contradiction. Indigenous Peoples inhabit some of the most biodiverse and intact landscapes on Earth, and their knowledge and associated ways of life are widely recognized as being vital for conserving biodiversity. The acknowledgement of Indigenous knowledge is enshrined within the U.N. Convention on Biological Diversity. In national contexts, acknowledgement rarely translates to strategies that actually democratize decision-making or devolve leadership to Indigenous knowledge holders. Moreover, this knowledge cannot be treated the same as other knowledge systems. While Indigenous knowledge can be documented and shared, its conservation benefits are inextricably linked to the spaces in which it is enacted. Therefore, the displacement of communities leads to the assimilation of Indigenous ways of life into the wider realms of society, which ultimately results in a breakdown of their knowledge systems.

Highland Indigenous Peoples cannot simply relocate their culture and way of life to the different demands of a valley. When this happens, the loss of knowledge and identity central to locally applied environmental solutions become stories fondly shared by elders rather than strategies collectively enacted by communities to survive in their local environments. This is what the Indigenous Peoples in Thailand are fighting for: the right to continue their way of life in the “land[s] of their heart” that have supported them through generations.

Sadly, Thai laws and government conservation strategies have failed to recognize these relationships Indigenous Peoples have with their land, a relationship built on the notion that the nature being conserved and the Indigenous Peoples who live within it are both the community. This is, in part, the basis of many conflicts between Indigenous Peoples and their governing institutions across the world. What separates the plight of Indigenous Peoples in one country from another are the different national legislative mechanisms and political will (or lack thereof) to apply or redefine laws which recognize identities and promote the agency and self-determination of community-driven solutions.

Understanding Thai environmental laws

A country’s laws are intertwined with its history, and for Thailand these laws are embedded in its process of nation building. First, we must recognize that Thailand was never physically colonized by European states. However, due to close business ties with neighboring colonial governments, it adopted many similar land management and natural resource governance regimes.

Nation building also entailed building a Thai identity that was linked to the country’s dominant language and ethnicity, Buddhism, and the monarch. As a result, for most of Thailand’s history, its Indigenous Peoples have long been regarded as non-Thai, even outsiders or illegal migrants. This view has contributed to their systemic exclusion from Thai society all together. Last year, there were about 480,000 registered stateless people in Thailand, most of whom are Indigenous Peoples living in mountainous border areas. About 77,000 Indigenous elders in Thailand lack citizenship.

In the case of Baan Jai Phaen Din, park officials claim Indigenous Peoples to be migrants from Myanmar. This is a tactic used to justify their resettlement to the wider public. This view of Indigenous Peoples as outsiders by mainstream Thai society and within national laws has been a consistent struggle for the Thai Indigenous movement, despite data from a military Ordinance Survey Department showing that the Karen have lived in Baan Jai Phaen Din for more than 100 years.

In 1997, under the late King Rama IX, the hill tribes gained their current definition of Chao Thai Phu Khao (“Thai people who live in the Mountain”) from the government. While this definition finally recognized Indigenous Peoples as “Thai people,” it is a label that fails to acknowledge them as “Indigenous Peoples” in line with definitions in the U.N. Declaration on the Rights of Indigenous Peoples (UNDRIP). As a result, Thailand has still not fully recognized the Indigenous identities (Indigeneity) of the peoples who live within its borders. This lack of recognition or a selective understanding of what it means to be Indigenous is a common challenge across Asia as well as Africa.

Indigenous Peoples are associated with having “historical continuity with pre-colonial and/or pre-settler societies” and a “strong link to territories and natural resources.” Using only this part of the definition, it is easy to see how governments in Asia and Africa argue that all of its citizens are Indigenous and equally protected to rights under a country’s constitution. But Indigeneity is a complex construction, linked also to languages, cultural manifestations, ancestral lands, the desire to uphold traditional ways of life, and a collective self-identification as Indigenous. Indigeneity is linked to a different set of relations with the surrounding world, with the land. As reflected in the name of “Baan Jai Phaen Din,” the land is their heart and supports the continuation of their Indigenous culture that they are fighting to preserve.

Thai law does not support the relationship Indigenous Peoples have with their lands, consequently ignoring their rights to lands and forests. Even while Thailand has adopted the UNDRIP, it has not created the required laws specific to Indigenous Peoples that support their ways of life. Thailand has also not ratified the Indigenous and Tribal Peoples Convention of 1989 (ILO 169). One of the strongest laws supporting Indigenous rights is one within the Ministry of Culture; however it is the very definition and understanding of culture that is called into question in the Indigenous debate. Government officials are happy to promote traditional song, dance and artisanal work — attractive to tourists and transferable to the city and valley — but they are reluctant to enforce the ownership of traditional lands that are the foundation for that culture.

Instead, terms like chao khao, meaning “hill people,” reflect notions of “backwardness” and being environmentally destructive. With climate change, forest fires in the north have become more severe as the dry season becomes drier and longer. Indigenous villagers have been forced to fight fires, amid zero-burn policies that restrict traditional fire management practices, while being simultaneously blamed by the state for causing them. These narratives of supposedly destructive Indigenous practices are used in union with outsider or illegal migrant discourses to justify their eviction to civil society. In Kaeng Krachan, when the Karen returned to Baan Jai Phaen Din and began clearing land for rotational agricultural practices (recognized in 2013 as a national item of intangible cultural heritage), park officials filed charges against the community for “destroying the watershed.” This is simply not true. In fact, felling trees and creating fallow plots for rotational agriculture benefits the soils and biodiversity in the area.

In protected areas, a saga of violence and injustice

Thailand’s protected areas cover 19% of its national territory and are home to 1.1 million people. All trees, unless planted on private property, belong to the king of Thailand, and so do the lands on which they grow. This centralized control is reflected in the management of these protected areas, 80% of which constitute “strict nature reserves” and “national parks” under the IUCN’s definitions, managed by either government or government-delegated organizations. This leaves Indigenous Peoples with no ownership or managerial rights.

Enforcing this managerial regime has caused violence. On May 2, 2020, Luan Yeepa, 55, a Lisu member who was collecting fallen branches for firewood at the edge of his arable plot in Chiang Mai province, was assaulted by eight uniformed Chiang Dao Wildlife Sanctuary patrol officers. It was not an isolated case. In neighboring Pha Daeng National Park, the Lisu villages of Rin Loung, Tung Din Dam and Pha Bong Namg, to name a few, have had parcels of agricultural lands seized and crops destroyed by the park due to a forest reclamation policy aimed at increasing forest cover to 40% of the country’s terrestrial area. This policy, pushed by the junta-led government that took power in 2014, is at the core of Thailand’s international climate commitments.

The forest reclamation policy criminalizes Indigenous Peoples for using their customary lands and enacting their traditional practices. Between 2014 and 2019, Indigenous and local people were sent to court in a record 29,350 cases involving 136,576 hectares (337,487 acres) of farmlands being “reclaimed” by national parks. In 2019, 2,851 people were charged with encroaching into protected areas and 17,341.6 hectares (42,852 acres) of their farmlands were appropriated. By June 2020, a further 1,830 cases against Indigenous and local peoples were recorded. A summary of these cases was presented to the U.N. Committee on the Elimination of Racial Discrimination (CERD) by the Network of Indigenous Peoples in Thailand.

What does the future hold for Thailand’s Indigenous Peoples?

Thailand’s forest reclamation policy is also connected to a string of amendments to environmental laws. One is the National Park Act B.E. 2562 (2019) amendment, aimed at resolving long-standing conflicts between communities and the state. As part of the amendment, 600,000 hectares (1.48 million acres) of non-forested lands were surveyed, and communities inhabiting these lands are now waiting to be granted 20-year use concessions from the government. Lands not recognized will be formularized as belonging to the government for the ostensible purpose of reforestation.

While this seems like a positive development, research shows that a further 1.6 million hectares (4 million acres) of Indigenous and local community lands lack legal recognition, almost three times those surveyed in official figures. These concessions do not translate to ownership nor do they secure tenure. The national park amendment also increases the fines, restrictions and penalties for using forested areas. Under the policy, conflicts will undoubtedly continue, if not get worse all together. As the international community promotes climate financing, a lack of tenure rights may lead to continued evictions to secure control of important carbon sinks.

For several years, Thai authorities have attempted to get Kaeng Krachan National Park recognized as a UNESCO World Heritage Site. However, the committee has yet to add the park to the list, citing a lack of participation from local communities. But the government continues its attempts without amending its relations with the Karen community. In light of this, it is critical for the international community to create binding commitments for governments to recognize land rights and self-determination of communities as central to achieving their environmental commitments.

A recent study by the Rights and Resources Initiative showed that between 1.65 billion to 1.87 billion Indigenous and local peoples live in important biodiverse areas that require urgent conservation attention. In Thailand alone, these biodiverse spaces are home to 42 million people. As the future of the Karen conflict remains uncertain, what is certain is that if conservation strategies do not recognize local peoples’ rights to govern their lands, any efforts to prevent biodiversity loss will fail.


Pirawan Wongnithisathaporn is a Pgakenyaw Karen Indigenous person from Chiang Mai province, Thailand. She works in the Asia Indigenous Peoples Pact’s Environmental program integrating Indigenous knowledge and the rights of environmental defenders into climate change and biodiversity frameworks within the CBD and other international platforms.

Thomas Worsdell is a consultant for the Rights and Resources Initiative. His work focuses on the intersections between Indigenous Peoples’, local communities’ and Afro-Descendants’ rights with biodiversity conservation and environmental policy.