This episode of The Green Flame focuses on colonization and has three interviews: the first with Anne Keala Kelly, a native Hawaiian organizer, journalist, and award-winning filmmaker; the second with Mari Boine, a world-reknowned Sami indigenous musician; and the third with a river.
We discuss colonization, history, tourism, the TMT telescope project on Mauna Kea, indigenous peoples of Europe, music, and how to connect with the land. Three of Mari Boine’s songs are used in this episode, with permission: Gula Gula, Goaskinvielija (Eagle Brother), and Vilges Suola.
The Green Flame is a Deep Green Resistance podcast offering revolutionary analysis, skill sharing, and inspiration for the movement to save the planet by any means necessary. Our hosts are Max Wilbert and Jennifer Murnan.
Bios
Anne Keala Kelly is a journalist and filmmaker. Keala’s published articles and Op-Eds have appeared in the Honolulu Star-Advertiser, The Nation, Indian Country Today, Honolulu Weekly, Honolulu Civil Beat, Hana Hou! Magazine, Big Island Journal, and other publications. Her broadcast journalism has aired on Free Speech Radio News, Independent Native News, Al Jazeera English, The Newshour with Jim Lehrer, Democracy Now!, The Environment Report, and more. She is a frequent guest commentator on First Voices Indigenous Radio, and has been interviewed on numerous nationally syndicated radio programs, from KPFK Los Angeles’ Rise-Up to Native America Calling in Anchorage to the Australia Broadcast Corporation’s Pacific Beat. Her reporting on Hawaiian poverty and homelessness garnered her Native American Journalism Awards. And her documentary, Noho Hewa: The Wrongful Occupation of Hawai’i, has received international film festival awards, and is widely taught in university courses focusing on Indigenous Peoples, colonization, Hawaiian sovereignty, and militarism. Keala is an outspoken Native advocate for Indigenous representation in media, and has been a guest speaker at universities in Hawai’i, the U.S., and Aotearoa-New Zealand. She has delivered conference keynotes and participated in conference and community panels and roundtables. She has an MFA in production from the UCLA School of Theater, Film, and Television. To learn more about her film, go to www.nohohewa.com.
Mari Boine: Imagine the ice and snow of the Arctic landscape, the bitter cold of the Northern wind, the hint of compelling blue under a crystallized lake. Close your eyes. Then listen. Really listen. You’ll feel a voice before you even hear it. It’s like none other. It’s a voice that brings the landscape alive with a mesmerizing purity; a voice that represents a thousand years of ancestral connection to an unyielding frozen space. This is Mari Boine. Musician. Songwriter. Singer. A genre-bending trailblazer with a taste for jazz, folk, rock, and world. An artist whose music is inspired by and infused with her Sámi roots. A woman who knows who she is, where she’s come from and what she stands for. A music icon who has inspired indigenous artists the world over.
For over 6 years now, environmental defenders representing the Unist’ot’en, an official faction of the Wet’suwet’en Nation, have been standing guard over their traditional territory from invasion by Transcanada’s Coastal Gaslink pipeline.
On December 14, 2018, a British Columbia Supreme Court Justice levied a temporary injunction, ordering an end to the blockade — bypassing the required consent of tribal leaders.
Prior to this, a gated blockade had prevented pipeline workers from trespassing onto First Nation lands through the Morice River bridge — located on a forest road.
The injunction, which demands environmental defenders vacate their stronghold of resistance to the planned 670 kilometer pipeline, is set to start on Monday, December 17th, allowing pipeline workers free passage until May 2019.
In a show of quasi-generosity, Coastal Gaslink has stated that the camp connected to the blockade may remain in place… as long as they discontinue any obstruction of pre-construction traffic through the gated area.
“Right now, our focus is on respectfully and safely moving forward with project activities, including gaining safe access across the Morice River bridge … We simply ask that their activities do not disrupt or jeopardize the safety of our employees and contractors, surrounding communities or even themselves,” Coastal GasLink said in a statement.
Representatives of Coastal Gaslink have also cited an inability of First Nation communities to provide restitution for any ‘losses’ the company could incur through delays or obstructions to construction plans as support for the injunction and enforcement order.
Yet, enforcement of the project remains dubious given that the territory has never changed hands via treaty, nor have land rights ever been conceded in any manner. In effect, the right of the Unist’ot’en People to determine the fate of their ancestral land remains intact.
This also makes the injunction a clear violation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) which requires ‘free, prior and informed consent’ (FPIC) when it comes to development, investment or extraction initiatives on Indigenous territories.
The area in question has been occupied by the Unist’ot’en for generations; their current leader, Chief Knedebeas, describes occupying and carrying out tribal traditions there since his childhood.
Now, the territory under threat is being used as a crucial healing center where Wet’suwet’en people are receiving treatment for addiction. Freda Hudson, Unist’ot’en clan, explained:
“The Unist’ot’en Healing Centre was constructed to fulfill their vision of a culturally-safe healing program, centred on the healing properties of the land. It is the embodiment of self-determined wellness and decolonization, with potential to build up culture-based resiliency of Indigenous people who need support, through re-establishing relationships with land, ancestors and the underlying universal teachings that connect distinct Indigenous communities across the world.”
The Unist’ot’en have until January 31, 2019 to respond to Coastal Gaslink’s application.
Oakland, CA—On September 25, 2018, the East African Court of Justice (EACJ) awarded a major victory to four Maasai villages fighting for their rights to their land in northern Tanzania. The case revolves around violent government-led evictions of Maasai villagers in Loliondo – which included burning their homes, arbitrary arrest, forced eviction from their villages, and confiscating their livestock – that took place in August 2017, as well as the ongoing harassment and arrest of villagers involved in the case by the Tanzanian police. The four villages named in the case are legally registered owners of their land.
The Court’s ruling grants an injunction that prohibits the Tanzanian government from evicting the Maasai communities from a vital 1,500km2 parcel of land. Furthermore, it prohibits the destruction of Maasai homesteads and the confiscation of livestock on said land, and bans the office of the Inspector General of Police from harassing and intimidating the plaintiffs, pending the full determination of their case. The injunction remains in effect until a ruling on the full case concerning the August 2017 evictions can be heard.
“IN THE RESULT, HAVING HELD AS WE HAVE IN THIS RULING ABOVE, WE DO HEREBY ALLOW THE SUBSISTING APPLICATION WITH THE FOLLOWING ORDERS:
A. AN INTERIM ORDER DOTH ISSUE RESTRAINING THE RESPONDENT, AND ANY PERSONS OR OFFICES ACTING ON HIS BEHALF, FROM EVICTING THE APPLICANTS’ RESIDENTS FROM THE DISPUTED LAND, BEING THE LAND COMPRISED IN THE 1,500 SQ KM OF LAND IN THE WILDLIFE CONSERVATION AREA BORDERING SERENGETI NATIONAL PARK; DESTROYING THEIR HOMESTEADS OR CONFISCATING THEIR LIVESTOCK ON THAT LAND, UNTIL THE DETERMINATION OF REFERENCE NO. 10 OF 2017.
B. AN INTERIM ORDER DOTH ISSUE AGAINST THE RESPONDENT, RESTRAINING THE OFFICE OF THE INSPECTOR GENERAL OF POLICE FROM HARASSING OR INTIMIDATING THE APPLICANTS IN RELATION TO REFERENCE NO. 10 OF 2017 PENDING THE DETERMINATION THEREOF.
C. THE COSTS HEREOF SHALL ABIDE THE OUTCOME OF THE REFERENCE. WE DIRECT THAT IT BE FIXED FOR HEARING FORTHWITH.”
In their ruling, Justices Monica K. Mugenyi, Faustin Ntezilyayo, and Fakihi A. Jundu noted that the interim order and corresponding affidavit filed by the Maasai “paint[ed] a picture of widespread social upheaval in Ololosokwan village and an attempt to stifle village representatives’ and/or the affected persons’ access to justice.” They further ruled that the government’s argument that the evictions were in service of the protection of the local ecosystem “pales in the face of the social disruption and human suffering that would inevitably flow from the continued eviction of the Applicants’ residents.”
The Oakland Institute’s research has exposed internationally the ongoing plight and human rights violations of the Maasai villagers as their land rights are denied in the name of conservation and to the benefit of safari companies, such as Boston-based Thomson Safaris and the UAE-based Ortello Business Corporation, which runs hunting excursions for the Emirati royal family.
“The Court’s decision is a major win for the communities of Ololosokwan, Oloirien, Kirtalo, and Arash, particularly in light of the ongoing harassment and intimidation by the police and the recent wrongful arrests of local secondary school teacher Clinton Kairung and Belgian citizen Ingrid de Draeve, who was mistaken for a Swedish blogger who has written extensively on the issues facing the Maasai in the region,” said Anuradha Mittal, Executive Director of the Oakland Institute.
“It is now vital for both the East African Court and the international community to ensure that the Tanzanian government abides by this ruling and immediately halts the harassment, intimidation, and violence it has waged against the villages involved in this case as well as the broader Maasai community in Loliondo. It is time for the Tanzanian government to stop colluding with game parks and safari companies and finally recognize the land rights of its Maasai population as well as their longstanding role as environmental stewards of the land,” she continued.
In a lawsuit that will inspire and galvanize many other indigenous communities across the Amazon for years to come, the Kofan of Sinangoe have won a trial against four Ecuadorian ministries and agencies for having granted or attempted to grant more than 30,000 hectares of mining concessions in pristine Amazonian rainforest on the border of their ancestral land without their free, prior and informed consent. The destructive mining operations that were taking place within these concessions threatened not only the Kofan’s lives, culture and health, but also those of the countless communities located downriver.
In a historic decision on Friday July 27th 2018, a regional judge accepted the evidence provided by the community, charged the government with not having consulted the Kofan, and suspended all mining activity in more than 52 concessions in the headwaters of the Aguarico River. The decision was immediately appealed by all the authorities involved, and then by Sinangoe and their ally in the Defensoria del Pueblo, who seek an even tougher verdict recognizing that rights to health, water and a clean environment had also been violated. The case will be brought before a provincial judge in August, 2018.
The free, prior and informed consent loophole
Like in many places around the world, the Ecuadorian government has a mining claim system built to facilitate any interested party in purchasing cheap concessions— maximizing foreign interests and accelerating the approval process. Although both Ecuador’s Mining Act and the Constitution recognize the need for Free, Prior and Informed Consent from stakeholder communities for mining operations, it is still mostly a theoretical concept ignored by Ecuadorian agencies. Hence Sinangoe’s lawsuit. According to the experts heard over the course of the legal process, the Mining ministry leaves the “consultation” to the mining company or the concession owners themselves, which in turn have no legal obligation to consult with local people, and often will perform their “consultation” through a phone call or by handing out a simple information pamphlet. In the case of Sinangoe, it was when machines started tearing up the riverbed of the Aguarico looking for gold that the community learned about the new concessions.
The Environment ministry, on the other end, stipulated in the courtroom that it is not responsible for consulting with communities impacted by mining. Interestingly, according to the Mining Act, the Environment Ministry needs to grant environmental licenses before operations can begin, unless the granting process takes more than 6 months, in which case – as unbelievable as this is – the permits are automatically granted to the operators. So basically, via a very simple bureaucratic process involving nothing more than paperwork, a mining operator can very quickly obtain 20 to 25-year land claims within 6 months, while the impacted communities living downstream haven’t even heard about the concessions. This is a loophole the judge described as a violation of the right to free, prior and informed consent, a verdict that will help many other communities facing the same threats in a country where gold mining is booming.
When rigorous community monitoring pays off
Throughout the lawsuit, the ministries’ lawyers vigorously tried to destroy Sinangoe’s evidence, credibility, ownership of and ancestral claims to the land. They downplayed the environmental damage documented by Sinangoe, claiming that the Kofan aren’t impacted by the mining operations because their land is on the other side of the river and that legal mining has minimal footprint on the environment. However, Sinangoe had done what will likely inspire many other communities: they had documented every step made by the miners through rigorous and systematic monitoring using high tech mapping, filming, archiving all evidence, and then they used legal tactics to pressure every single level of government to act to stop the operations. Systematic recording of all the different types of evidence helped build a solid case against a negligent concession-granting system.
Once in the courtroom, Sinangoe had accrued such a massive body of evidence of environmental damage and inaction on the part of the government that the judge requested a field inspection, a key event that helped him understand the scale of the damage already done, showed the deep connection the Kofan have with the area transformed into mining concessions, discredited the ministries’ arguments, and also allowed him to witness the sheer beauty of the area at risk.
Evidence provided by Sinangoe in court to show the rapidity and expanse of environmental damages on the shores of the Aguarico River
A first legal victory, but the battle for land and rights still rages
To the officials sitting in their offices in Quito, these concessions were nothing more than coordinates and squares on a map, but to the Kofan who live across the riverbank, the area is a place imbued with life, history, sustenance, stories and so much more. To grant concessions without experiencing the place in and of itself, either through field visits or proper consultation with the people who inhabit and use the territory, is a transgression of the inherent value of sites so rich in history and biodiversity.
Sinangoe’s strength has been put to trial, and the community’s perseverance and conviction have provided them a first legal victory and attracted support from various indigenous and human rights organization across the country. With all ministries involved appealing the judgment, the Kofan will need more strength and support to navigate the next wave of legal governmental intimidation.
Alex Lucitante, Kofan human rights defender, engaging with the media after the historic legal victory.
Sign the pledge in support of Sinangoe and stay tuned for more on our work to defend rights, lands and life in the Amazon.
Featured image: Wangan and Jagalingou cultural leader Adrian Burragubba visits Doongmabulla Springs in Australia. The Wangan and Jagalingou are fighting a proposed coal mine that would likely destroy the springs, which are sacred to the Indigenous Australian group.
For tens of thousands of years, the Wangan and Jagalingou people have lived in the flat arid lands of central Queensland, Australia. But now they are fighting for their very existence. Earlier this month, they took their fight to the United Nations after years of Australia’s failure to protect their fundamental human rights.
A company called Adani Mining Pty Ltd, part of the Adani Group of companies founded by an Indian billionaire named Gautam Adani, is determined to build the massive Carmichael Coal Mine and Rail Project on the Wangan and Jagalingou’s ancestral homelands. If built, the Carmichael Coal Mine would be among the largest coal mines in the world, with six open-cut pits and five underground mines, as well as associated infrastructure like rail lines, waste rock dumps and an airstrip.
Coals mine are immensely destructive: The Carmichael mine would permanently destroy vast areas of the Wangan and Jagalingou’s ancestral homelands and waters, and everything on and in them—sacred sites, totems, plants and animals. It would also likely destroy the Wangan and Jagalingou’s most sacred site, Doongmabulla Springs, an oasis in the midst of a dry land. The development of the mine would also result in the permanent extinguishment under Australian law of the Wangan and Jagalingou’s rights in a part of their ancestral homelands.
The Wangan and Jagalingou’s lands and waters embody their culture and are the living source of their customs, laws and spiritual beliefs. Their spiritual ancestors—including the Mundunjudra (Rainbow Serpent), who travelled through Doongmabulla Springs to shape the land—live on their lands.
Wangan and Jagalingou traditional lands.
As Wangan and Jagalingou authorized spokesperson and cultural leader Adrian Burragubba said, “Our land is our life. It is the place we come from, and it is who we are. Plants, animals and waterholes all have a special place in our land and culture and are connected to it.”
Consequently, the destruction of the Wangan and Jagalingou’s lands and waters is the destruction of their culture. If their lands are destroyed, they will be unable to pass their culture on to their children and grandchildren, and their identity as Wangan and Jagalingou will be erased.
Murrawah Johnson, authorised youth spokesperson of the Wangan and Jagalingou, said, “In our tribe, women teach our stories to our young people. I want my children and their children to know who they are. And if this mine proceeds and destroys our land and waters, and with it our culture, our future generations will not know who they are. Our people and our culture have survived for thousands of years, and I cannot allow the Carmichael mine to destroy us. I will not allow myself to be the link in the chain that breaks.”
In these circumstances, the development of the Carmichael mine violates the Wangan and Jagalingou’s internationally protected human rights, including the right to continue practicing their culture and to use and control their ancestral homelands, as well as the right to be consulted in good faith and to give or withhold their consent to mining projects on their lands.
A man participates in a ceremonial dance on Wangan and Jagalingou ancestral lands.
Despite the Wangan and Jagalingou’s persistent objections and their pleas to the Australian and Queensland governments to protect their human rights, both governments have approved the mine and publicly support it, and Adani Mining remains steadfastly determined to develop the project as soon as possible. The Wangan and Jagalingou have also brought litigation in Australia to protect their homelands, but have been unsuccessful to date because Australian law allows private companies and the government to override the Wangan and Jagalingou’s rights in their ancestral lands.
Now, to protect their fundamental human rights, the Wangan and Jagalingou have been forced to seek help from a United Nations human rights watchdog. Recently, the Wangan and Jagalingou asked the UN Committee on the Elimination of Racial Discrimination to urgently ensure Australia protects their homelands and culture. The committee is the enforcement body of the UN Convention on the Elimination of All Forms of Racial Discrimination, a treaty Australia has signed. The convention is one of the core international treaties among the world’s nations that protect our most basic human rights, including Indigenous peoples’ rights to culture and land.
If Australia will not listen to its own people, the Wangan and Jagalingou hope it will listen to international community and cease prioritizing the profits of a foreign company over the permanent loss of a people who have been connected to the land since time immemorial.
Adrian Burragubba provides cultural teachings to Wangan and Jagalingou young men on their ancestral lands.
