This is a press release from the Center for Biological Diversity
Ecuador’s Highest Court Enforces Constitutional ‘Rights of Nature’ to Safeguard Los Cedros Protected Forest
QUITO, Ecuador— In an unprecedented case, the Constitutional Court of Ecuador has applied the constitutional provision on the “Rights of Nature” to safeguard the Los Cedros cloud forest from mining concessions. The court voted seven in favor, with two abstentions.
In the wake of the ruling, which was published Dec. 1, the Constitutional Court will develop a binding area of law in which the Rights of Nature, the right to a healthy environment, the right to water and environmental consultation must be respected.
The court decided that activities that threaten the rights of nature should not be carried out within the Los Cedros Protected Forest ecosystem. The ruling bans mining and all types of extractive activities in the protected area. Water and environmental permits to mining companies must also be denied.
Mining concessions have been granted to two thirds of the incredible Los Cedros reserve. The Ecuadorian state mining company ENAMI holds the rights. The new ruling means that mining concessions, environmental and water permits in the forest must be cancelled.
“This precedent-setting case is important not only for Ecuador but also for the international community,” said Alejandro Olivera, senior scientist and Mexico representative at the Center for Biological Diversity. “This progressive and innovative ruling recognizes that nature can and does have rights. It protects Los Cedros’ imperiled wildlife, like the endangered brown-headed spider monkeys and spectacled bears, from mining companies.”
In September 2020 Earth Law Center, Global Alliance for the Rights of Nature, and the Center for Biological Diversity filed an amicus curiae (friend of the court) brief before the Ecuadorian Constitutional Court. The groups asked the court to protect Los Cedros and robustly enforce constitutional provisions that establish basic rights of nature, or “pachamama,” including the right to exist, the right to restoration and the rights of the rivers, especially the river Magdalena.
“This is a historic victory in favor of nature,” said Natalia Greene from the Global Alliance for the Rights of Nature. “The Constitutional Court states that no activity that threatens the Rights of Nature can be developed within the ecosystem of Los Cedros Protected Forest, including mining and any other extractive activity. Mining is now banned from this amazing and unique protected forest. This sets a great juridical precedent to continue with other threatened Protected Forests. Today, the endangered frogs, the spectacled bears, the spider monkey, the birds and nature as a whole have won an unprecedented battle.”
“It is undoubtedly good news but the situation of the Los Cedros Protective Forest is not an isolated event in Ecuador,” said Constanza Prieto Figelist, Latin American legal lead at Earth Law Center. “This is a problem of the forests throughout the country. In recent years mining concessions that overlap with protective forests have been awarded.”
The brown-headed spider monkey, found in Los Cedros and threatened by the mining, has lost more than 80% of its original area of distribution in northwest Ecuador. In 2005 scientists estimated that there were fewer than 250 brown-headed spider monkeys globally, making the species among the top 25 most endangered primates in the world.
The case is of great significance, both for Ecuador and the world, because it establishes important and influential “Earth jurisprudence” that will help guide humanity to be a benefit rather than a destructive presence within the community of life. The proposed mining is unlawful, the groups say, because it violates the rights of the Los Cedros Protective Forest as an ecosystem as well as the rights of the many members of that living community.
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.7 million members and online activists dedicated to the protection of endangered species and wild places.
Editor’s note: We would hope that this action would be a turning point where the United States stops its management planning philosophy of “natural resources” and focuses on the protection of all living beings. Yet how tenative only 10-mile buffer for only 20 years and does not include all extractive industries. Basically less than undoing what Trump illegally did. After all they still have the Gulf of Mexico.
This story first appeared in Common Dreams.
“We are most hopeful that this action is a turning point where the United States natural resource management planning philosophy focuses on the protection of all living beings.”
November 15, 2021
A coalition of Southwestern Indigenous leaders on Monday applauded President Joe Biden and Interior Secretary Deb Haaland following the announcement of a proposed 20-year fossil fuel drilling ban around the sacred Chaco Canyon in northwestern New Mexico—even as the administration prepares to auction off tens of millions of acres in the Gulf of Mexico for oil and gas extraction later this week.
“While there is still work to be done, these efforts to safeguard tribes and communities will be essential to protect the region from the disastrous effects of oil and gas development.”
“Chaco Canyon is a sacred place that holds deep meaning for the Indigenous peoples whose ancestors lived, worked, and thrived in that high desert community,” Haaland—the first Native American Cabinet secretary in U.S. history—said in a statement Monday.
“Now is the time to consider more enduring protections for the living landscape that is Chaco, so that we can pass on this rich cultural legacy to future generations,” she added. “I value and appreciate the many tribal leaders, elected officials, and stakeholders who have persisted in their work to conserve this special area.”
Carol Davis, executive director of the group Diné Citizens Against Ruining Our Environment (Diné CARE), asserted that “the people in the Greater Chaco Landscape live by this maxim: What you do to the Earth; you do to the people.”
“Today President Biden is not just protecting and healing the earth and sky, he is protecting and healing the people,” she added. “We are most hopeful that this action is a turning point where the United States natural resource management planning philosophy focuses on the protection of all living beings.”
According to the Greater Chaco Coalition:
The Greater Chaco region is a living and ancient cultural landscape. A thousand years ago, Chaco Canyon in northern New Mexico was the ceremonial and economic center of the Chaco Cultural Landscape, an area encompassing more than 75,000 square miles of the Southwest in New Mexico, Arizona, Colorado, and Utah and sacred to Indigenous peoples.
Today, Chaco Canyon in northwestern New Mexico is a National Park and UNESCO World Heritage Site, considered one of the most important archaeological sites in the Americas, yet the vast majority of the area is leased to oil and gas activities. Indigenous people, primarily Pueblo and Navajo (Diné) peoples, sacred cultural sites, precious water resources, and the area’s biodiversity are all under a grave and growing threat from fracking.
“For over a century, the federal government has quite literally treated the Greater Chaco Landscape like a national energy sacrifice zone,” the coalition continued. “The region has been victim to large-scale resource exploitation, which includes a history of Navajo displacement and land repatriation that has carved the Greater Chaco Landscape into a complex checkerboard of federal, state, private, and Navajo allotment land.”
“A maze of federal and state agencies control the area, which has allowed oil, gas, and mining companies to exploit layers of law, regulations, and oversight agencies,” it added. “A recent boom of industrialized fracking across New Mexico has made it the second-biggest oil producer in the United States, with more than 91% of available lands in the Greater Chaco area leased for fracking.”
This is a good day for the tribes and local communities who can breathe a little easier knowing that more drilling equipment is not about to mar what is left of the landscape. #ProtectChacohttps://t.co/gXDynEkA9O
— Environment New Mexico (@EnvNM) November 15, 2021
Diné Allottees Against Oil Exploitation (DAoX) said that “we and our heirs greatly welcome the action by President Biden to not just protect the 10-mile buffer surrounding the Chaco Canyon National Historic Park boundaries but to protect the Greater Chaco Landscape in its entirety. Our rights as landowners, our trustee relationship with the federal government, as well as our communities’ public health, has been greatly impacted by oil and gas industry fracking, alongside other extractive industries in the area, for decades.”
The group continued:
Because of the absence of free, prior, and informed consent, nearly all of the rubber-stamping actions from federal management agencies across the Greater Chaco Landscape are textbook examples of the absence of meaningful tribal engagement, and represent the impacts of environmental and institutional racism. We were not adequately informed and did not consent to more than 40,000 oil and gas wells that already litter the Greater Chaco region.
The oil and gas industry is second to none when it comes to disrespecting tribal communities, furthering institutional and environmental racism against our people and across this landscape. Most reprehensible was the fact that federal agencies facilitated the destruction and contamination of our communities while a global pandemic raged.
“This federal racist injustice cannot be forgotten. President Biden and Secretary Haaland’s actions today start to turn this racist status quo on its head,” DAoX added. “We feel that the racial injustice that has been perpetrated on our communities has caused the coming of an unavoidable reckoning to the people who knowingly permitted the destruction of our communities.”
TODAY The Biden administration took an important step toward protecting the Chaco Canyon landscape from new oil and gas drilling. The site is worth protecting now, and for generations to come: https://t.co/E5XjfC7RVM
— National Parks Conservation Association (@NPCA) November 15, 2021
Raena Garcia, fossil fuels and lands campaigner at Friends of the Earth, called the administration’s Chaco Canyon announcement “an important first step towards permanent protection.”
“While there is still work to be done, these efforts to safeguard tribes and communities will be essential to protect the region from the disastrous effects of oil and gas development,” she added.
The Interior Department’s announcement arrives as the Biden administration—which has come under fire from Indigenous and environmental leaders for approving more fossil fuel drilling projects on public lands than either of its two predecessors—prepares to auction off more than 80 million acres in the Gulf of Mexico for fossil fuel extraction on Wednesday.
The lease sale will take place just days after the president pleaded with world leaders for “every nation to do its part” to combat the climate emergency at the recently concluded United Nations Climate Change Conference in Glasgow, Scotland.
“It’s hard to imagine a more dangerous, hypocritical action in the aftermath of the climate summit,” Kristen Monsell, a lawyer for the Center for Biological Diversity, told ABC News. “Holding this lease sale will only lead to more harmful oil spills, more toxic climate pollution, and more suffering for communities and wildlife along the Gulf Coast.”
Banner image: source (CC BY-SA 4.0)
Editor’s note: The industrial civilization always prioritizes access to “resources” over rights of indigenous people. DGR believes that those in power break laws when it suits their interest. We stand in solidarity with indigenous struggles to protect their landbase.
This article originally appeared in Survival International.
Hundreds of tribal villagers from India’s Hasdeo Forest begin a rally and march tomorrow in protest at the government’s plans for a massive expansion of coal mining on their lands.
People from Adivasi (Indigenous) communities who live in the forest – which, at 170,000 hectares, is one of the largest intact areas of forest in the country – will rally on Gandhi’s birthday (October 2), then march 300km to the capital of Chhattisgarh state from October 4-13.
The Hasdeo Forest is the ancestral home of approximately 10,000 Adivasis belonging to the Gond, Oraon, Lohar, Kunwar and other peoples. It is also one of India’s richest and most biodiverse regions.
Indian Prime Minister Modi’s government is aggressively promoting a plan to open new coal mines in the area. The forest and its peoples would be destroyed if the mines go ahead.
Across India Modi intends to open 55 new coal mines and expand 193 existing ones, to increase coal production to 1 billion tonnes a year. Coalfields are being auctioned off to some of India’s biggest mining corporations, including Adani, Vedanta and Aditya Birla.
Much of the existing government plan is illegal, as mining in Adivasi land should not proceed without their consent. Across India Adivasis are deeply opposed to the mines, having seen first-hand how existing mines have destroyed forests and the communities that lived in them.
Adivasi people across India have been resisting mining for decades, including by blocking bulldozers and peacefully protesting. Many have been arrested, beaten and even murdered in response.
In a public declaration from the “Resistance Committee to Save Hasdeo Forest” (Hasdeo Aranya Bachao Sangharsh Samiti) the Adivasis said:
The federal and the state government, instead of protecting the rights of us tribal and other traditional forest dwellers have joined hands with mining companies and have been working towards devastating our forest and land.”
“We are bound to resist and [march] to safeguard our water, forest, land and our livelihoods and culture that are dependent on them. We appeal to all citizens who love the Constitution and Democracy, all who are committed to safeguard the waters, forests, land and environment and all sentient citizens to join us in this gathering and the march.”
Survival International Director Caroline Pearce said today: “The extent of the coal mining now planned will not only destroy Indigenous homes, lands and livelihoods on an unimaginable scale, it also makes a mockery of Modi’s claim to be at the forefront of addressing the climate crisis. Supporting the Adivasi resistance to coal mining should be a global priority.”
Photo by Amir Arabshahi on Unsplash
This article originally appeared in Protect Thacker Pass.
By Max Wilbert
The great poet and playwright James Baldwin wrote in 1953 that “People who shut their eyes to reality simply invite their own destruction.”
Perhaps never has this been truer than in this era of converging ecological crises: global warming, biodiversity collapse, desertification and soil erosion, ocean acidification, dead zones, plastic pollution, sprawling habitat destruction, and the total saturation of our environment with radioactive or toxic chemicals.
Ignorance is not bliss; it is dangerous.
That is why I am so concerned that, while searching for solutions to global warming, many people imagine that fossil fuels can be simply replaced with solar and wind energy, that gas tanks can be swapped for lithium batteries, and that this will solve the problem.
For years, I have been arguing that this is wrong, and that we need much more fundamental changes to our economy, our society, and our way of life.
For the last 6 months, I have been camped at a place in northern Nevada called Thacker Pass, which is threatened by a vast planned open-pit mine that threatens to destroy 28 square miles of biodiverse sagebrush habitat, release millions of tons of greenhouse gas emissions, bulldoze Paiute and Shoshone sacred sites, and leave behind piles of toxic waste for generations to come.
Electric cars and fossil fuel cars don’t differ as much as lithium mining companies would like us to believe. In fact, a direct link connects the water protectors fighting the new Line 3 oil pipeline in the Ojibwe territory in Minnesota and the land defenders working to protect Peehee Mu’huh, the original name for Thacker Pass in the Paiute language.
The new Line 3 pipeline would carry almost a million barrels a day of crude oil from the Alberta Tar Sands, the largest and most destructive industrial project on the planet, to refineries in the United States. On the way, it would threaten more than 200 waterbodies and carve a path through what CNN called “some of the most pristine woods and wetlands in North America.” The project would be directly responsible for millions of tons of greenhouse gas emissions.
For the last 7 years, indigenous water protectors and allies have rallied, petitioned, established resistance camps, held events, protested, and engaged in direct action to stop the Line 3 pipeline from being built. More than 350 people have been arrested over the past few months, but pipeline construction continues to progress for now.
Ironically, the proposed Thacker Pass lithium mine would require importing nearly 700,000 tons of sulfur per year — roughly equivalent to the mass of two Empire State Buildings — for processing the lithium. This sulfur would likely come (at least in part) from the Alberta tar sands, perhaps even from oil that would flow through Line 3.
Almost all sulfur, which is used in a wide range of chemical processes and fertilizers, comes from oil and gas refineries, where it’s a byproduct of producing low-sulfur fuels to meet air-quality regulations around acid rain.
According to the U.S. Geological Survey, tar sands contain 11 times as much sulfur as conventional heavy crude oil, and literal “mountains” of sulfur are piling up in Alberta and at other refineries which process tar sands fuel. Sulfur sales revenue is important to the economics of tar sands oil extraction. One report released in the early years of tar sands extraction found that “developing a plan for storing, selling or disposing of the sulfur [extracted during processing] will help to ensure the profitability of oil sands operations.”
This means that Thacker Pass lithium destined for use in “green” electric cars and solar energy storage batteries would almost certainly be directly linked to the Line 3 pipeline and the harms caused by the Tar Sands, including the destruction of boreal forest, the poisoning of the Athabasca River and other waters, and an epidemic of cancers, rare diseases, and missing and murdered indigenous women facing Alberta First Nations. And, of course, the tar sands significantly exacerbate global warming. Canadian greenhouse gas emissions have skyrocketed over recent decades as tar sands oil production has increased.
Mining is exceptionally destructive. There is no getting around it. According to the EPA, hard-rock mining is the single largest source of water pollution in the United States. The same statistic probably applies globally, but no one really knows how many rivers have been poisoned, how many mountains blown up, how many meadows and forests bulldozed for the sake of mining.
The water protectors at Line 3 fight to protect Ojibwe territory, wild rice beds, and critical wildlife habitat from a tar sands oil pipeline, oil spills, and the greenhouse gas emissions that would harm the entire world. Here at Thacker Pass, we fight the same fight. The indigenous people here, too, face the destruction of their first foods; the poisoning of their water; the desecration of their sacred sites; and the probability of a toxic legacy for future generations. I fight alongside them for this place.
Our fights are not separate. Our planet will not cool, our waters will not begin to flow clean again, our forests will not regrow, and our children will not have security unless we organize, stop the destruction, and build a new way of life. The Line 3 pipeline, and all the other pipelines, must be stopped. And so must the lithium mines.
The wind howls at Thacker Pass. Rain beats against the walls of my tent. A steady drip falls onto the foot of my sleeping bag. It’s June, but we are a mile above sea level. Summer is slow in coming here, and so the storm rages outside, and I cannot sleep. Nightmare visions of open-pit mines, climate breakdown, and ecological collapse haunt me.
James Baldwin gave good advice. In this time, we must not shut our eyes to the reality that industrial production, including the production of oil and the production of electric cars, results in industrial devastation. And with our eyes wide open, we must take action to protect our only home, and the future generations who rely on us.
Also available at The Sierra Nevada Ally, Dispatches from Thacker Pass series.
For more on the Protect Thacker Pass campaign
#ProtectThackerPass #NativeLivesMatter #NativeLandsMatter
This article originally appeared in The Conversation. Featured image: Sea turtle
Editor’s note: The statement in the article’s headline –that the temptation of allowing deep sea mining(DSM) “could be a problem”– seems ironic. There is no doubt that deep sea mining is extremely dangerous and destructive to oceanic ecosystems which are already serverly stressed by overfishing and global warming. Apart from that, we all know that most of the profit will go to multinational cooperations, not to the island’s inhabitants.
Sue Farran, Newcastle University
While most Pacific Island nations have escaped the worst of COVID-19, a cornerstone of their economies, tourism, has taken a big hit. By June 2020, visitor arrivals in Fiji, Samoa, Tonga and Vanuatu had completely ceased, as borders were closed and even internal travel restricted. In Fiji, where tourism generated about 40% of GDP before the pandemic, the economy contracted by 19% in 2020.
One economic alternative lies just offshore. The Clarion-Clipperton Zone (CCZ) is a deep-sea trench spanning 4.5 million square kilometres in the central Pacific Ocean between Hawaii and Mexico. On its seabed are potato-sized rocks called polymetallic nodules which contain nickel, copper, cobalt and manganese. These formed over centuries through the accumulation of iron and manganese around debris such as shells or sharks’ teeth.
There are estimated to be around 21 billion tonnes of manganese nodules in this trench alone, and demand for these metals is likely to skyrocket as the world ramps up the development of batteries for electric vehicles and renewable power grids.
While much of the CCZ lies beneath the high seas where no single state has control, it’s adjacent to the exclusive economic zones of several Pacific island states, including the Cook Islands, Kiribati, Nauru and Tonga. Lacking the means to search for the metals themselves, these states have sponsored mining companies to take out licences with the International Seabed Authority (ISA), which is responsible for sustainably managing the seabed in international waters. This would allow these companies to explore the seabed and determine how viable mining is likely to be, and its potential environmental impact.
To date, ISA has approved 19 exploration contracts, 17 of which are in the CCZ. A Canadian company, The Metals Company (formerly DeepGreen Metals) has contracts with Tonga, Nauru and Kiribati.
With so little known about the biodiversity of this largely unexplored part of the ocean, it’s difficult to accurately predict how deep-sea mining will affect species here. Environmental organisations and scientists have argued for a moratorium on mining until more extensive research can be done.
Some Pacific islanders, including The Alliance of Solwara Warriors, representing indigenous communities in the Bismark and Solomon Seas of Papua New Guinea, have protested the lack of information given to local communities about the potential impact of mining. In April 2021, Pacific civil society groups wrote to the British government seeking support for a moratorium. Meanwhile, a former president of Kiribati, Anote Tong, has described deep-sea mining as “inevitable” and urged businesses to figure out how to do it safely.
But time is running out. Seven exploratory licences are due to expire in 2021, making it imperative that either a moratorium is adopted internationally, or the ISA adopts a legal framework for determining the conditions under which extractive mining can take place.
Work towards this framework has been ongoing since 2014. Despite this, the 168 nations of the ISA assembly have yet to agree a code for regulating extractive mining contracts. The ISA’s ambition to reach an agreement in 2020 was derailed by the pandemic, and it’s unclear whether meetings will go ahead in 2021. It’s likely that exploratory contracts will expire in the meantime, increasing pressure on the ISA from mining companies and those states sponsoring them to grant exploitation licences. Exploratory licences are regulated by the ISA. Without an agreed code, extractive ones are not.
Even if a consensus were reached, enforcing environmental safeguards would be difficult. Pinpointing responsibility for the source of any pollution or environmental damage is tricky when mining takes place in such deep water. There are also few, if any, physical boundaries between one mining area and another. The effects of mining on different ecosystems and habitats might take time to manifest.
International consensus on a moratorium is unlikely too. Mining companies have ploughed a lot of money into developing technology for operating at these depths. They will want to see a return on that, and so will their investors. States which have sponsored mining contracts – including some Pacific islands – will want to reap the royalties they have been promised.
Pacific island states find themselves on the horns of a dilemma. They are among the countries most vulnerable to climate change and so support strong action. But unless alternatives are found, the developed world’s green transition will probably accelerate demand for metals resting peacefully in the deepest parts of the ocean surrounding these islands. It will be the people here who will bear the costs of deep-sea mining undertaken without sufficient caution, not the drivers of electric cars in the global north.
Sue Farran, Reader of Law, Newcastle University
This article is republished from The Conversation under a Creative Commons license. Read the original article.
