Shanai Matteson, a 39-year-old White settler, sat in the stuffy overflow room watching the packed Public Utility Commission meeting, along with more than a hundred others, in St. Paul, Minnesota, in June 2018. Over several hours, she listened as dozens of people—Native elders, local landowners, and young people concerned about their futures—testified against the Line 3 tar sands pipeline, urging the commission to deny the project a key permit. She listened, too, as Enbridge workers, bused in by the company, voiced their support for the pipeline.
Matteson remembers the collective dismay and anger in the room as the five-person board approved Enbridge’s permit request. She also remembers what happened next: Tania Aubid, a member of the Mille Lacs Band of Ojibwe, stood up and told the commissioners that they had just declared war on the Ojibwe people.
Outside of the conference hall, organizers held a rally. Matteson listened as Winona LaDuke, a member of the White Earth Nation and executive director of the nonprofit Honor the Earth, spoke alongside several youth interveners—teenagers who were suing to stop the pipeline in court. Listening to their words, Matteson was moved by their unwavering dedication―to the land, water, and climate, but also to upholding the treaty agreements, which were being violated by this pipeline project.
After the news conference, Matteson packed her two young children into the car. They drove for nearly three hours before reaching a part of the land where the Mississippi starts to widen into one of the nation’s most storied rivers. It was a place she knew well. Matteson’s family had lived in the area for five generations, ever since her great-great-grandfather, Amasa, settled a homestead and opened a small sawmill on 1855 Treaty land. She’d grown up in the nearby town of Palisade, Minnesota, population 150.
Here was where Enbridge planned to drill the Line 3 pipeline under the Mississippi.
Standing on the riverbank that night, Matteson made a pledge to do everything she could to uphold the treaties and to stop Line 3. “I remember that day, saying to myself ‘I am making a commitment to this fight,’ ” Matteson recalls.
Defending Treaty Rights: From the Salish Sea to Line 3
On July 25, a Lummi Nation-carved totem pole will pass through the Mississippi Headwaters, under which Enbridge plans to drill the Line 3 pipeline. It’s part of a 1,500-mile journey from the Salish Sea in the Pacific Northwest through numerous Indigenous sacred sites, including Bears Ears in the Southwest and Standing Rock in the Midwest, en route to Washington, D.C. The totem pole is intended to invite Native and non-Native people to connect with the idea of broken treaties and the ongoing efforts to honor them, especially when treaty rights come into conflict with extractive capitalism.
Putting a hand on the totem pole, as people are invited to do at each sacred site event stop, one can’t help but feel a sense of awe for the many stories, hopes, and prayers it carries—and to offer their own. The 24-foot pole, hauled on a trailer behind a pickup, bears images that tell stories of the present-day struggles faced by Indigenous communities—including the epidemic of missing and murdered Indigenous women, the crisis of children held in cages at the U.S.-Mexico border, and the work of language revitalization. One carving is a grandmother with seven tears, using culture to teach her granddaughter how to turn trauma into wisdom. The totem pole aims to serve as “a reminder of the promises that were made to the first peoples of this land and waters,” Lummi master carver Jewell James told The Washington Post.
These promises were made in the form of nation-to-nation treaty agreements, recognized in the U.S. Constitution as “the supreme law of the land.” For non-Native individuals residing in the U.S., treaty rights are still the legal mechanism giving people the right to live on ceded tribal land. Put another way, if settlers (like the two of us writing this piece) are not actively holding up their end of the deal, then they forfeit the right to be here.
In exchange, the U.S. government promised tribes services, such as health care, education, and housing—and in many cases, treaties reserved the right for Native people to hunt and fish within their traditional territory. Instead, the reality has been a history of genocidal massacres, forced displacement, brutal residential schools, the outlawing of language, religion, and culture, and broken treaty obligations. Only by confronting the context of the U.S.’s settler-colonial history can settlers begin to reckon with their personal identity as treaty people.
“Part of what’s so wonderful about the pole is how it invites people to learn about the treaty, and to learn about the true history of this country,” says Lummi tribal fisher and treaty advocate Ellie Kinley, co-founder of Sacred Sea, a Indigenous-led nonprofit whose mission is to defend Lummi sovereignty and treaty rights and promote Indigenous stewardship of the Salish Sea.
“Once you know the true history, you can learn from it, and become wise from it.”
“We Are All Treaty People”
On June 7, 2021, about 2,000 people attended Treaty People Gathering, a mass Line 3 protest in rural northern Minnesota. At one of two actions that happened that day, more than 1,000 people marched to a part of the Mississippi where the pipeline is slated to be drilled; at the other action, hundreds risked arrest (and more than 200 were arrested) shutting down an Enbridge work station for the day.
“We Are All Treaty People” was one of the gathering’s main rallying cries. They are words that Matteson has thought seriously about since that night at the Commission hearing.
In 2020, after two decades living and working in Minneapolis, Matteson moved her family back to Palisade. She quickly got involved with the Welcome Water Protector Center, a cultural camp supporting people standing with the Ojibwe opposing Line 3. She is now close friends with Tania Aubid, the founder of the camp and the Ojibwe woman who informed the PUC commissioners that Line 3 was an act of war upon her people. The women’s friendship has given them both the strength to do more. In early 2021, they embarked on a hunger strike together. To bring attention to the fight to stop the pipeline, Matteson went 21 days without food; Aubid went 38.
When asked why she moved with her two young children to the Welcome Water Protector Center, Matteson is clear that protecting the water and the climate were reasons, but so too was ensuring that her government upholds its side of the treaties.
“I’ve been reminded by so many Indigenous people that the treaties are not just a concern for Indigenous people,” she says, golden light falling between the trees at camp. “They were entered into by the U.S. government, and as citizens, we have a responsibility to ensure our government honors that law.”
Over the course of the 19th century, the Red Lake Nation, the White Earth Nation, and the Mille Lacs Band of Ojibwe signed treaties with the U.S. government—treaties that granted rights to U.S. citizens and reserved rights for tribal members. In recent years, tribal attorneys have argued that Line 3 would infringe upon those treaty-protected rights, including the right to cultivate and harvest wild rice―manoomin in the Ojibwe language―which is regarded as a sacred species and is a vital source of sustenance for local tribal members. “It’s a perpetuation of cultural genocide,” founder of Line 3 resistance group, Giniw Collective, Tara Houska told The Guardian, describing the impact Line 3 would have on manoomin.
It has been a long road for the tribal attorneys, a road made more complicated by the fact that some Native-owned construction companies and two other Ojibwe nations support the pipeline. Most recently, on June 14, the Minnesota Court of Appeals ruled against the tribes, finding that Enbridge had appropriately demonstrated that there was a need for the pipeline. There are, however, reasons to believe the Tribes’ case will fare better in a case at federal court, where it is to be heard in the coming months. In 2019, the U.S. Supreme Court ruled in the favor of treaty rights in two high-profile cases.
But as the case makes its way slowly through the federal court system, the fight for treaty rights is playing out on its own timeline in the woods of rural Minnesota.
Before Line 3 was anywhere near the edge of the great Mississippi, Aubid and Winona LaDuke built a waaginogaaning, a traditional Ojibwe prayer lodge, on the banks of the river, in the exact spot where Line 3 was slated to be drilled under its waters. Earlier this year, in the depths of the Minnesota winter, Enbridge workers appeared on site, nailing “No Trespassing” signs to trees.
The workers informed Aubid and LaDuke that they were trespassing on Enbridge property.
“No, you’re trespassing,” Aubid replied.
When the workers returned with law enforcement, Aubid handed the police officer a copy of the 1855 Treaty Authority letter, informing them of her legal, treaty-protected right to practice her religion there. The police and the Enbridge workers left Aubid in her prayer lodge soon after, but nobody expected Enbridge to stay away for long.
They didn’t. In July 2021, Enbridge drilled under the river, despite Aubid, Matteson, LaDuke, and others wading into the river to try and stop them.
The prayer lodge still stands in the path of the pipeline, and dozens more people have joined the Welcome Water Protector Center as the fight against the pipeline is reaching a boiling point. Since December alone, nearly 600 people have been arrested for actions related to stopping the construction of Line 3 and tens of thousands more have marched, demanded that Biden intervene, and protested the banks funding the pipeline.
Aubid is clear on what she hopes will happen next. “We’d like more people to come here,” she says. “We’d like people to help us protect the lands, protect the waters, and to do what they can to uphold their side of the treaties.”
Later, as we walk beside the languorous waters of the Mississippi, Matteson reminds us of the importance of settlers upholding the treaties. “This isn’t history,” she says. “This is happening here. It is happening now.”
CORRECTION: This article was updated at 5:26p.m. on July 20,2021, to reflect the current state of the drilling. Read our corrections policy here.
The survival of the last uncontacted tribe in South America outside the Amazon is at stake.
Indigenous people living in a South American forest with one of the world’s highest rates of deforestation have appealed to the Inter-American Commission on Human Rights to save it from total destruction. Their uncontacted relatives are fleeing from one corner of the remaining forest to another, seeking refuge from ever-present bulldozers.
The Ayoreo-Totobiegosode of Paraguay’s Chaco forest have been trying since 1993 – when they submitted a formal land claim – to protect their forest in the face of a rapidly expanding agricultural frontier.
In 2013, given a total lack of political will in Paraguay to uphold the law and stop the destruction of their lands, they requested that the Inter-American Commission on Human Rights intervene.
In 2016, at the government’s request, they agreed to enter formal negotiations with the government for their land titles, but for 5 years, and despite 42 meetings, the destruction of their forest has continued unabated. Satellite photos reveal that the Ayoreo now live in an island of forest surrounded by monocultures and beef production.
The Ayoreo have now announced they are pulling out of the negotiations, and have written again to the Inter-American Commission, asking it to order the Paraguayan authorities to finally return their land to them, and expel the agribusiness corporations that have taken it over.
Although most Ayoreo-Totobiegosode were forcibly contacted by American evangelical missionaries some years ago, an unknown number remain uncontacted in the last island of their forest, which is now being cut down around them.
Earlier this year one uncontacted group made contact with a settled community of their relatives, to express their fear at the destruction of their forest refuge, before returning to the forest.
The Ayoreo-Totobiegosode leader Porai Picanerai, who was forcibly contacted by the American New Tribes Mission in 1986, said: “My uncontacted relatives are suffering and in danger because they barely have any space now to live in. There are many outsiders occupying our land and burning the forest for beef production.”
Porai also said: “After having participated in most of the 42 meetings, I can confirm that the government doesn’t keep its word, that it lies and doesn’t want to protect my people or return the lands that we’ve always lived in and cared for. We’ll only get the government to act by going to outside bodies like the Commission.”
Survival Researcher Teresa Mayo said today: “The Ayoreo-Totobiegosode have called a halt to the negotiation process as the government was just dragging it out while allowing the rampant destruction of the Ayoreo’s forest to continue. The state knows that it simply has to do nothing to effectively condemn the uncontacted Ayoreo to death – and if a government sees the solution to its “problem” as the extermination of a people, we’re talking about genocide.”
Cas Yikh of the Gidimt’en Clan are counting on supporters to go ALL OUT in a mobilization for the biggest battle yet to protect our sacred headwaters, Wedzin Kwa. We have remained steadfast in our fight for self-determination, and we are still unceded, undefeated, sovereign and victorious.
In January 2019, when Gidimt’en Checkpoint was raided by the RCMP, enforcing an injunction for Coastal GasLink fracked gas pipeline, your communities rose up in solidarity!
You organized rallies and marches. You published Solidarity Statements. You wrote your representatives. You put on fundraisers and donated to the Legal Fund. You pledged to stand by the Wet’suwet’en. The pressure worked to keep Wet’suwet’en land defenders and supporters safe as they navigated the colonial court system. All charges were dropped.
In January 2020, you answered the call to #SHUTDOWNCANADA! The world watched as the RCMP violently confronted unarmed Wet’suwet’en land defenders, on behalf of CGL, in an intense 6-day struggle for control over the territory, following industry’s eviction by Hereditary Chiefs.
This invasion ignited a storm of solidarity! The Wet’suwet’en were embraced in beautiful and powerful actions coast to coast and overseas. During February and March, thousands of people rose up in hundreds of demonstrations in solidarity with Indigenous sovereignty and environmental protection against the fracked gas industry.
During a wave of international uprisings, Canada came under fire for its refusal to engage in meaningful Free, Prior and Informed Consent with Indigenous Nations across Turtle Island. Canada’s denial of responsibility and failure to implement the United Nations Declaration of the Rights of Indigenous Peoples resulted in the fight for #LANDBACK.
We are humbled by the power of our allies, friends and supporters. We have love, respect, and gratitude for those that stood their ground beside us on the yintah to defend Wedzin Kwa. We vow to reciprocate the solidarity from everyone that followed, all our allies/relatives and supporters that put their feet in the street defending Indigenous sovereignty.
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.
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.”
Over the past three weeks Line 3 resistance has continued in Minnesota and around the country.
Since our last weekly recap…
The harm Line 3 has already caused Minnesota’s land and waters became more clear…
The Minnesota Department of Natural Resources (DNR) announced that it had ordered Enbridge Energy to pay $3.32 million for breaching an aquifer during construction last winter. Their failure to follow environmental laws on that occasion resulted in millions of gallons of groundwater flowing out of the aquifer, posing a risk to rare wetlands nearby. Watch a statement from Winona LaDuke about the incident here.
The extent of damage at the Headwaters of the Mississippi River from spills of drilling mud during construction, often called “frac outs” is still being uncovered. Recent photos and videos by an independent media maker show significant devastation across the sensitive wetland ecosystem.
Financial institutions faced mounting pressure to defund Line 3 and similar projects
The world’s largest industrial insurance company, Chubb, announced that it would no longer insure tar sands infrastructure projects like Line 3. Chubb is the latest in a series of insurance companies that have revoked their funding in response to climate justice activism against the Trans Mountain Pipeline. As a result of the shrinking pool of companies willing to insure these projects, Enbridge has reported concerns about their ability to acquire the requisite coverage for Line 3 in the future.
Taysha Martineau, an Anishinaabe two-spirit leader with the movement to stop Line 3 declined the 30 Under 30 Climate Activist Award from NYC Climate Week, calling out the event’s sponsorship by Wells Fargo and Bank of America. In a statement she said, “I must humbly decline any award as both these banks fund the very pipeline that is harming my people.” Watch an interview with Taysha about her decision here.
Resistance continued on the frontlines
Water protectors with Camp Migizi have been using boats to halt work at Line 3 hydrostatic testing facilities. Watch footage of this tactic in action earlier this month.
In response to the news that Enbridge breached an aquifer, causing significant harm to surrounding wetland ecosystems, Winona LaDuke led the 8th annual Horse “Ride Against the Current of Oil” to the site of that incident to pray for the water. (Photos here)
Local and national elected officials continued to call on President Biden to Stop Line 3
Established in 1990, The Indigenous Environmental Network is an international environmental justice nonprofit that works with tribal grassroots organizations to build the capacity of Indigenous communities. I EN’s activities include empowering Indigenous communities and tribal governments to develop mechanisms to protect our sacred sites, land, water, air, natural resources, the health of both our people and all living things, and to build economically sustainable communities.
Editor’s note: Premise One: Civilization is not and can never be sustainable. This is especially true for industrial civilization. Premise Two: Traditional communities do not often voluntarily give up or sell the resources on which their communities are based until their communities have been destroyed. They also do not willingly allow their landbases to be damaged so that other resources—gold, oil, and so on—can be extracted. It follows that those who want the resources will do what they can to destroy traditional communities. Premise Three: Our way of living—industrial civilization—is based on, requires, and would collapse very quickly without persistent and widespread violence.
Derrick Jensen (2006): Endgame vol. 1, p. IX
SMITHERS, BC: On the morning of September 25, 2021, the access road to Coastal GasLink’s (CGL’s) drill site at the Wedzin Kwa river was destroyed. Blockades have been set up and sites have been occupied, to stop the drilling under the sacred headwaters that nourish the Wet’suwet’en Yintah and all those within its catchment area. Cas Yikh and supporters have gained control of the area and refuse to allow this destruction to continue.
Wet’suwet’en Hereditary Chiefs were denied access to their own lands, and there has been one arrest confirmed. The Hereditary Chiefs were read the injunction and threatened with arrest, but they held their ground. Despite heavy machinery and heavy RCMP presence, our relatives and supporters are standing strong holding the line, and so far no more arrests have been confirmed. As of Sunday, September 26, the individual arrested has been released and the chiefs and supporters continue to hold the line and successfully hold off any work by CGL.
Days ago, CGL destroyed our ancient village site, Ts’elkay Kwe. When Gidimt’en Checkpoint spokesperson Sleydo’ attempted to monitor the CGL archaeological team and contest the destruction of Wet’suwet’en cultural heritage, she was aggressively intimidated by CGL security guards. Tensions have continued to rise on the Yintah as CGL pushes a reckless and destructive construction schedule with the support of private security and the RCMP.
Now, CGL is ready to begin drilling beneath our sacred headwaters, Wedzin Kwa. We know that this would be disastrous, not only for Wet’suwet’en people, but for all living beings supported by the Wedzin Kwa, and for the communities living downstream. Wedzin Kwa is a spawning ground for salmon and a critical source of pristine drinking water. States Sleydo’, Gidimt’en Checkpoint Spokesperson:
“Our way of life is at risk. […] Wedzin Kwa [is the] the river that feeds all of Wet’suwet’en territory and gives life to our nation.”
Coastal Gaslink has been evicted from our territories by the Wet’suwet’en Hereditary Chiefs who have full jurisdiction over Wet’suwet’en lands. Coastal GasLink is pushing through a 670-kilometer fracked gas pipeline, but under ‘Anuc niwh’it’en (Wet’suwet’en law) all five clans of the Wet’suwet’en have unanimously opposed all pipeline proposals and have not provided free, prior, and informed consent to Coastal Gaslink to do work on Wet’suwet’en lands.
As Coastal GasLink continues to trespass, we will do everything in our power to protect our waters and to uphold our laws. Gidimt’en Checkpoint has issued a call for support, asking people to travel to Cas Yikh territory to stand with them.
For further information please go to: yintahaccess.com
Media backgrounder here
Photo Credit: Michael Toledano
Media contact:
Jennifer Wickham, Gidimt’en Checkpoint Media Coordinator
Email: Yintahaccess@gmail.com
Phone number: 778-210-0067
