Editor’s note: You don’t have to be indigenous to love the land you live on but it certainly gives moral authority. And in the fight against settler colonialism gives a much greater legitimate claim to virtue. They don’t even follow their own rules. Broken Treaties.
Indigenous Peoples bear the brunt of environmental inaction — and sometimes action. The Narwhal speaks to three women on what they hope to address at the UN climate change summit in Glasgow
Nuskmata wants to combat myths about mining in Canada.
This is one of her goals at the United Nations climate summit in Glasgow.
Nuskmata, mining spokesperson for Nuxalk Nation, spoke to The Narwhal from her home in British Columbia prior to leaving for the summit, also known as the 26th annual meeting of the Conference of Parties (COP26) to the United Nations Framework Convention on Climate Change.
She said she wants to centre solutions around Indigenous governance and emphasize how Indigenous Peoples are bearing the burden of climate policies, even well-intentioned ones like switching to electrification and renewable energy — that still requires mining precious metals, she said.
“You can’t be sacrificing Indigenous Peoples and clean water in order to get solar panels,” she said.
“It’s not just swapping out oil and gas. It’s about changing the system so that it’s sustainable for everybody.”
Nuskmata is one of many Indigenous delegates at COP26 determined to pursue Indigenous solutions, along with debunking myths and adding context to Canada’s global commitments.
She said she also hopes to deliver a message that mining “is not a green solution” to the climate crisis.
At COP26, the more than 100 countries in attendance will update their 2015 Paris Agreement commitments to reduce greenhouse gas emissions, intended to meet the urgent need to limit global warming to 1.5 C. This will require profound changes, as the Intergovernmental Panel on Climate Change released a sobering report in August which found Earth could exceed the 1.5 C warming limit by the early 2030s if we don’t curb emissions. To stay below 2 C warming, countries have to meet net-zero emissions around 2050, the report found.
Already in Scotland, nearly all countries have signed a deal committing to end deforestation by 2030, including Canada — though logging here is seen as renewable and therefore not affected by the deal. Delegates have pledged $1.7 billion in funding to Indigenous Peoples, recognizing the critical role they play in forest conservation.
On Monday Prime Minister Justin Trudeau pledged to cap and then cut emissions from Canada’s oil and gas sector, repeating one of his 2021 campaign promises. But according to a new report from Environmental Defence Canada and Oil Change International, oil and gas producers only have vague commitments that rely on carbon-capture technology.
Some critics say COP26 is excluding Indigenous leaders from key parts of the international discussions. Regional Chief of the British Columbia Assembly of First Nations Terry Teegee said in a public statement “there is a noticeable failure to include First Nations while negotiating the collective future of our planet internationally and locally.”
As the Glasgow climate conference begins, and the time we have to avert a climate crisis narrows, it is time to revisit successful First Nations campaigns against the fossil fuel industry.
Like the current fight to avert a climate catastrophe, these battles are good, old-fashioned, come-from-behind, David-versus-Goliath examples we can all learn from. The Jabiluka campaign is a good example.
In the late 1990s, a mining company, Energy Resources of Australia, was planning to expand its Kakadu uranium mine into Jabiluka, land belonging to Mirarr Traditional Owners in the Northern Territory. The adjacent Ranger Uranium mine had been operating for 20 years without Traditional Owners’ consent and against their wishes, causing long-term cultural and environmental destruction.
But the expansion of the mine ultimately failed, thanks to an extraordinary campaign by the Traditional Owners, led by Yvonne Margarula and a relative, the lead author of this article, Jacqui Katona (a Djok woman).
In recognition of our work, we shared the 1999 Goldman Environmental Prize, one of the most prestigious international grassroots environmental awards.
Yvonne Margarula and Jacqui Katona after accepting the Goldman Environmental Prize for grassroots activism, Island Nations 1998.Provided by author.
The campaign included a huge on-site protest camp, shareholder action and significant overseas support (including from the European Parliament, US Congress and an expert committee to UNESCO). It also included a blockade of the mine site – one of the biggest blockades Australia had ever seen.
These are valuable lessons for those wanting to take decisive action against the fossil fuel industry. Here are six ways to learn from our experience:
1. Put pressure on the financial sector
Continuous pressure on companies in the financial sector (such as banks), which are complicit in the success of fossil fuel companies, can have an impact. This can be done by exposing their involvement with fossil fuels and pressuring them to be held accountable for these partnerships.
One of the most successful actions of the Jabiluka campaign was the coordination of protests at Westpac, which financed the mine’s owner, Energy Resources of Australia. Not only did protesters raise awareness about Westpac’s investment at local branches, they created bureaucratic chaos by opening and closing bank accounts.
This resulted in a corporate shift in Westpac towards better accountability on issues affecting First Nations people. Coordinated protests like this are an effective way to empower people to participate in positive action for change.
First Nations campaigns against mining and other fossil fuel companies show the single most important factor in successful protests is leadership by politically powerful organisations or alliances.
In the Jabiluka campaign, Katona and Margarula were successful in large part because of their insistence on a Mirrar-led campaign forming strong alliances with powerful unions, environmental groups and other national and international organisations.
Shareholders were then able to have some influence over corporate responsibility and accountability, including the appointment of a sustainable development manager. While the government ultimately amended the Corporations Act to make such actions more difficult, this nevertheless shows that creative direct action can be successful in holding corporations accountable.
4. Win over the right people
When Rio Tinto detonated 46,000-year-old rock shelters at Juukan Gorge on the traditional land of the Puutu Kunti Kurrama and Pinikura peoples last year, it was not only public outcry that led to the resignation of three senior executives, including the chief executive.
Katona led the Jabiluka campaign while a mother to two small children, juggling local work with international activism. She was jailed for trespassing on Aboriginal land. She was hospitalised with complications from lupus, which required a long recovery.
Be strategic about your participation in high-energy campaigns and find ways to support the efforts of key activists. But also know the fight against the fossil fuel industry takes more effort than just changing your social media profile picture.
There is no perfect time, or single solution, to campaigning for a better future. The power of people is a resource which often delivers inspiration to disrupt and needs to be nurtured.
6. Believe you can win
Aboriginal and Torres Strait Islander communities have faced hundreds of years of colonisation, industrial desecration of their sacred lands, and destruction of their Country. However in many cases, they have won battles against the odds.
The Mirrar faced a discriminatory system which sidelined their interests in Kakadu for more than 20 years. But they continued their fight to protect Country, and ultimately succeeded in preventing Jabiluka’s expansion.
So take heart and don’t give up. This is a fight that can be won.
Media contact: Jennifer Wickham, 778-210-0067, yintahaccess@gmail.com Gidimt’en Checkpoint Media Coordinator
FOR IMMEDIATE RELEASE NOVEMBER 22, 2021
WET’SUWET’EN TERRITORY, SMITHERS, BC: Twenty people who were arrested in a two-day violent raid on Wet’suwet’en territory are appearing at BC Supreme Court in Prince George today at 11 am. Those arrested include Gidimt’en Checkpoint spokesperson Sleydo’ and Dinï ze’ Woos’s daughter Jocelyn Alec, as well as two journalists.
Those arrested are all facing charges of civil contempt for breaching the terms of a BC Supreme Court injunction granted to Coastal GasLink (CGL). CGL is seeking a number of conditions of release, including denying many arrestees access to a vast area of Wet’suwet’en territories. The proposed ‘exclusion zone’ is the whole Morice West Forest Service Road or any other areas accessed by the Morice Forest Service Road. Wet’suwet’en people (as determined by CGL) may be exempt from the exclusion zone for “cultural activities” (as defined by the RCMP), while being subjected to ‘culture-free zones’ around CGL work sites.
CGL is also asking Sleydo’ to provide documentation to “prove” she is Wet’suwet’en, and is seeking conditions that would bar her from returning to her home on Wet’suwet’en Yintah where her, her husband Cody Merriman (Haida nation, who was also arrested), and her three children live. CGL is also challenging Chief Woos’s daughter Jocelyn Alec’s status as a Wet’suwet’en person because she has Indian Act status with her mother’s First Nation. The Indian Act is patriarchal and does not determine identity or belonging to a community.
According to Jen Wickham, media coordinator of Gidimt’en Checkpoint: “Coastal GasLink’s proposed conditions of release are punitive, unreasonable and, in targeting Sleydo’ and Jocelyn, completely racist and sexist. Allowing a private corporation to determine two Indigenous womens’ identities and allowing this corporation to deny our inherent rights to be Wet’suwet’en on our territory is a very dangerous precedent. This is the colonial gendered violence that is the root of the crisis of MMIWG2S. Even though Coastal GasLink is trying to intimidate us through the colonial court system, we are Wet’suwet’en Strong. Under the governance of our Hereditary Chiefs, there will be no pipeline on our Yintah.”
In granting an injunction to Coastal GasLink, Justice Church recognized that the Wet’suwet’en are “posing significant constitutional questions” but said that “this is not the venue for that analysis.” However, the 1997 Supreme Court of Canada Delgamuukw-Gisdaywa ruling clearly affirmed that Aboriginal title – the right to exclusively use and occupy land – has never been extinguished across 55,000 square kilometers of Wet’suwet’en and Gitxsan territories.
States Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs: “Industry’s reliance on the racist and oppressive legal weapon of injunctions is a way to maintain the continued dispossession and criminalization of Indigenous peoples. Indigenous peoples should not have to comply with industry and government decisions that deny our Indigenous rights. By dragging us through court and using injunctions against us, our Indigenous rights are being violated and are given less consideration than climate-destroying corporations. We are calling for the release of all Wet’suwet’en land defenders, and for BC and Canada to uphold Indigenous Title and Rights and institute a moratorium on fossil fuel expansion in the wake of clear and present climate catastrophe – including LNG which is not clean energy and is a non-renewable fossil fuel.”
For more information and developing story, please visit yintahaccess.com
This morning, members of the Gidimt’en Clan evicted Coastal GasLink (CGL) employees from unceded Wet’suwet’en territory, upholding ancient Wet’suwet’en trespass laws and an eviction notice first served to CGL in 2020 by the Wet’suwet’en Hereditary Chiefs.
Employees were granted 8 hours to peacefully evacuate the area, before the main road into the Lhudis Bin territory of the Gidimt’en clan was closed.
Sleydo’, Gidimt’en spokesperson, commented on the eviction enforcement:
“The Wet’suwet’en hereditary chiefs have never ceded, surrendered, or lost in war, title to this territory. That means that what they say goes. The eviction order from January 4th, 2020 says that CGL has to remove themselves from the territory and not return. They have been violating this law for too long.”
Today also marks Day 50 of the establishment of Coyote Camp, where Gidimt’en members, under the direction of Chief Woos, have reoccupied Cas Yikh territory and succesfully blocked Coastal Gaslink’s efforts to drill beneath Wet’suwet’en Headwaters.
In early 2020, Wet’suwet’en Hereditary Chiefs from all five clans of the nation issued and enforced an eviction notice against CGL, sparking nationwide solidarity protests and paralyzing pipeline work throughout Wet’suwet’en land.
Today, November 14, 2021, the Wet’suwet’en Hereditary Chiefs’ eviction was again enforced.
The 1997 Supreme Court of Canada ruling in the Delgamuukw-Gisdaywa court case affirmed that Aboriginal title – the right to exclusively use and occupy land – has never been extinguished across 55,000km2 of Wet’suwet’en and Gitxsan territories. Despite this, in 2019 and again in 2020, the Royal Canadian Mounted Police (RCMP) have trespassed onto Wet’suwet’en territory and undertaken a series of militarized assaults, enacting violent arrests and following the orders of fossil fuel behemoth TC Energy.
Sleydo’ continued:
“Wetlands have been destroyed. Our animals have been sick. We need to protect what is left for all the future generations. Wet’suwet’en law pre-dates Colonial Law. It has existed since time began in our territories, and we have that same fighting spirit that our ancestors fought so hard to keep alive in us so that we would be able to defend our future generations, this land and this water.”
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This week, governments from around the world will convene online for the first part of the UN Biodiversity Summit COP15 (the second part will take place partially in-person in Kunming in spring), which will agree on the post-2020 Global Biodiversity Framework. Framed as a ‘stepping stone’ to the 2050 Vision of ‘Living in harmony with nature’ as part of the Convention on Biological Diversity (CBD), ratified by 196 countries, this framework is intended to deal with runaway biodiversity loss over the next decade.
Increased attention is being paid to how Indigenous peoples have for centuries realised this aspiration of harmony. Indigenous peoples manage or have rights to 22% of the world’s land, yet this land supports 80% of the world’s biodiversity, even as they struggle to regain ancestral lands that were taken from them in many places. What is less recognised is how Indigenous understanding and perception of reality upholds this harmony.
The CBD meeting three years ago promised greater inclusion of Indigenous peoples and traditional knowledge, and there is much discussion of these issues ahead of COP15. The CBD developed the Akwé: Kon Guidelines in 2004 and further deepened involvement with the launch of a Traditional Knowledge Information Portal. Despite this progress, when mainstreaming of biodiversity into the energy sector was discussed by CBD parties in 2017, the negative impacts of hydropower dams were discussed in biodiversity and ecosystem terms, paying mere lip service to Indigenous rights.
A narrowly technical understanding of hydropower – passed off as “scientific” – underestimates how culture supports economies, conservation and utility for Indigenous peoples living in river basins. When external experts interpret Indigenous knowledge without the context of Indigenous perception of reality (ontology), they fail to grasp its importance. What is needed is an incorporation of Indigenous understanding of reality when discussing biodiversity in Indigenous territories, in order to manage ecosystems better.
The Salween through Indigenous eyes
The Salween River is one of the few major rivers in Asia who still flows freely and uninterrupted by large-scale dams. Roughly 2,400 kilometres long, the Salween flows from the Tibetan Plateau through Yunnan into Myanmar, briefly touching Thailand. The river supports some of the most biodiverse areas in the world and is home to diverse Indigenous groups including the Akha, Blang, Derung, Hmong, Kachin, Karen, Karenni, Kokang, Lahu, Lisu, Mon, Nu, Palaung (T’arng), Pa’O, Shan, Tibetan, Yao, and Wa.
As custodians of the Salween River, community members maintain a spiritual relationship with the Salween, as our ancestors have done since they descended from the Tibetan Plateau many centuries ago. For us, the Salween is home to countless important spirits who are intermediaries between our human societies and the environment around us. She supports the sacred animal and plant species who populate our cosmos and carries the memories of our ancestors whose lives were intertwined with the river. Our relationship with the spirits is maintained and the memories of our ancestors kept alive by our continuous interaction with the Salween River. She is the backbone of our traditional knowledge and practices.
This is a wider understanding of the river than a mere provider of ‘ecosystem services’ that sustains our ‘livelihoods’. In our Indigenous understanding and perception of reality, developed over generations of living in the Salween basin, we don’t make a distinction between plants, animals, humans and more-than-humans such as spirits and ancestral spirits. This interconnectedness remains strong because the Salween is a free-flowing river.
These connections are reflected in Indigenous land, water and natural resource management across the Salween basin. As has been noted with reference to the Htee K’Sah guardian spirits of the water in S’gaw Karen ontology in the journal Pacific Conservation Biology,
“Karen environmental governance consists of social relations and ceremonial obligations with more-than-humans… It is through relations with the K‘Sah that Karen villagers relate to the water and land itself, and humans’ rights to use the land are contingent on maintaining these ritual obligations.”
Indigenous knowledge systems lead to better conservation
Our customary water governance traditions include stewardship practices, hunting and fishing restrictions, and ceremonial protocols that have fostered harmony with nature and safeguarded biodiversity. Our river is inhabited and protected by guardian spirits. In sanctuary areas, prayer ceremonies are performed to protect the fish and harm those who fish there. Our traditional watershed management systems designate ecologically sensitive areas such as ridges, watersheds and old growth forests, where the cutting back of forest is prohibited.
The benefits of traditional knowledge and practices for biodiversity thus come from the cultivation of a harmonious relationship between humans and more-than-humans, which is why sacred areas – an old tree or an entire mountain or river – must be protected. The ongoing relevance of such traditional knowledge and practices can be seen in the Salween Peace Park, an Indigenous initiative in Karen state that was awarded the 2020 UNDP Equator Prize. Around 75% of the forests, mountains and rivers that constitute the 1.4-million-acre area is managed according to traditional ‘kaw’ customary knowledge that combines spirituality, culture and conservation. This combination characterises Indigenous knowledge and is at the heart of Indigenous identity even when people have adopted ‘formal’ religions.
Indigenous knowledge and practices that are beneficial for biodiversity cannot be separated from Indigenous understanding and perception of reality. The inseparability of Indigenous ontology, Indigenous knowledge and Indigenous practices is hard to recognise for people living outside these ontologies. It is not possible to capture or preserve our Indigenous knowledge in a museum or a book. What meditation and prayer in a house of worship is for other religions, for us is the interaction with the Salween River. Our knowledge regenerates from our interaction with our environment, especially at the countless natural sacred sites and auspicious confluence points where the Salween meets its tributaries. We see her as a living entity.
Uninterrupted interconnectedness is key for the Salween
There are plans for seven Chinese-built dams along the Salween River, which has been a source of friction between Myanmar and China, as well as the current and previous governments and Indigenous groups. If the Salween River is dammed, it will strike at the heart of our cultures and beliefs. The severance of the river itself and the cascade of consequences will be the death knell for our traditional knowledge and practices for three reasons.
Firstly, the Salween responds to seasonal snowmelt and monsoon rains. Altering these variations in her flow affects the river’s ecology, severing people’s interdependency with the river by causing a decline in local river-linked livelihoods such as fisheries and agriculture. If these are disrupted, young people will have no choice but to take up professions disconnected from the river or move away. Less interaction and cohabitation with the river over time weakens Indigenous knowledge systems.
In the Karen context, Lu Htee Hta is one of the most important ceremonies performed as part of our relationship with the water, a ‘founders’ ritual’ which maintains a social contract with the more-than-human owners of the water and land. If the next generation is not able to conduct these rituals, the social contract will be broken. Without the continuous interactions between animals, humans and non-humans in the Salween basin, Indigenous knowledge will cease, and with it practices that have sustained the rich biodiversity we see today.
Secondly, dam-induced changes to the river’s rhythms, levels and nutrition will reduce the numbers and ranges of many sacred aquatic species that are strictly protected in the traditional management systems of the Salween, including the fish Nya Moo, Nya Ter Taw, and Nya Pla (Neolissochilus sp.). For instance, a reddish species of Nya P’tay is regarded as the king of all fish and killing them, we believe, will result in the extinction of fish species and water scarcity and drought. The Salween is home to a diversity of turtles greater than any other river in the world, and we regard a number of them as sacred.
Mainstream dams will also affect river-based sites considered sacred, such as the Thawthi Kho watershed area, threatening the effective protected status of waterbodies rich in biodiversity such as spring-fed pools, mud beds, waterfalls, rapids and islands. If these sacred natural sites run dry or flood in unusual ways, people will believe that the spirits may become angry and cause accidents and illness in nearby communities, or leave the river altogether, stripping these sites of protection.
Third, if our Salween is fragmented by dams, this will disrupt the flow, interconnection and relationship between all beings that depended on it. This upsets the balance in the river, which in turn upsets the balance between the river, humans and more-than-humans. It is the wholeness of the river – connecting beginning to end; past to present; humans to more-than-humans – that makes her the backbone of our belief systems. This gives her a sacred meaning as an indivisible living entity that supports our Indigenous cosmos.
Recognition and action for Indigenous ontologies
We draw hope from recent developments that have seen the central importance of free-flowing rivers in Indigenous ontologies being increasingly recognised, including by parties to the CBD. In 2017, New Zealand acknowledged the sacred status of the Whanganui River in Maori ontology by giving the river legal personhood. Through this act, New Zealand recognised the Whanganui as “an indivisible and living whole, comprising the Whanganui River from the mountains to the sea, incorporating its tributaries and all its physical and metaphysical elements”. New Zealand acknowledged “the enduring concept of Te Awa Tupua – the inseparability of the people and the River” thereby echoing the ancient Maori proverb: “The Great River flows from the mountains to the sea. I am the River and the River is me.”
According to the New Zealand attorney general in charge of the process, their most difficult challenge was getting the country’s European-descendant majority “to see the world through Maori eyes”. While rivers have since been recognised as living entities in CBD member countries such as Ecuador, Bangladesh and Canada, many other CBD members are still severing the flow of rivers sacred to Indigenous Peoples. In our own country, Myanmar, the military junta recently announced a fresh push to dam the Salween River.
Participants at the COP15 of the Convention on Biological Diversity should move beyond previous calls for ‘participation by’ and ‘consultation with’ Indigenous Peoples to recognise ontological diversity in order to safeguard biodiversity in Indigenous territories. To play an effective role in addressing the biodiversity crisis, we have to be able to sustain our own ‘Ecological Civilisation’.
Parties to the CBD should consider legislation that recognises legal personhood and rights of rivers considered sacred to Indigenous Peoples and incorporate Rights of Nature into the post-2020 Global Biodiversity Framework. Parties should also translate the Akwé: Kon Guidelines into their national laws so that these guidelines become more relevant. Through enabling more research into Indigenous ontologies and their spiritual relationship with rivers, the CBD Secretariat should help to foster a better understanding of who a river is in the ontology of Indigenous Peoples.
Above all, parties to the CBD should, in their effort to mainstream biodiversity in the energy sector, commit to excluding large-scale hydropower as an energy option for rivers such as the Salween which are sacred and culturally significant to Indigenous Peoples.
