Logging the Walbran Valley: An Open Letter to Teal Jones

Logging the Walbran Valley: An Open Letter to Teal Jones

Editor’s Note: This letter, published at Vancouver Island Community Forest Action Network, is addressed  to Canadian timber company Teal Jones Group in regards to the planned logging of Walbran Valley.  You can read more about this at Renewed Defense of British Columbia’s Central Walbran Ancient Forest.  Featured image of freshly cut cedar tree courtesy of Walbran Central.

By Zoe Blunt / Vancouver Island Community Forest Action Network

To Teal Jones’ executives, contractors, foresters, geologists, staff, and stakeholders:

I’m writing as a director of Vancouver Island Community Forest Action Network in Port Renfrew, BC. As forest watchdogs, we share Teal Jones’ goal of achieving the best environmental stewardship possible. I’m pleased to announce we are doubling down on our commitment to that goal.

There is a growing perception that Teal Jones’ operations in the Walbran Valley – logging an ancient forest that’s part of a beloved recreation area, on public land next to a park – is illegal, or ought to be. The public has a strong interest in ensuring that Teal Jones is not breaking any laws, statutes, or regulations.

In this spirit, we are recruiting volunteers to monitor every inch of area designated for timber harvesting, including proposed clearcuts, special management zones, wildlife habitat, leave trees, slash piles, streams, log dumps, roads, helipads, culverts, and ditches. We will check signage and radio frequencies, and visually inspect logging trucks. We will make sure the stumpage and grade-setting for the area are correct. A team of eager researchers is preparing for these tasks.

Castle giant. Image courtesy of Walbran Central.

Castle giant. Image courtesy of Walbran Central.

 

Of special concern are the karst features in the area – sensitive limestone formations underground, or in this case, on the surface. This is one of our areas of expertise, and we look forward to seeing the reports from the geologist responsible for signing off on logging those cutblocks. We plan to prepare our own reports and take all appropriate steps to ensure everyone involved is aware of the provisions of the law and fully complies with the requirements of the Forest District’s order for protection of karst.

There’s more. We will continue to follow up and document the area long after the trees are felled, to monitor reforestation, slope stabilization, road decommissioning, landslides, and habitat restoration.

We welcome the opportunity to use every legal means to achieve the goal of environmental sustainability.

We are aware of the history of violence by loggers in BC, including unprovoked attacks on peaceful protesters. We are concerned about potential hotheads on the logging crew, and for that reason we will take steps to keep our volunteers safe and give them the ability to respond appropriately, including documenting any violence or threats.

We note that rather than working with the community to find a way to preserve recreation sites and wildlife habitat, Teal Jones has taken the extreme step of suing people to get them out of the way.

Speaking for Forest Action Network, we have no intention of violating the court order. We employ strictly legal means to achieve our forest stewardship goals. Since the logging is taking place in a place designated as Crown land, we have the right and the responsibility as stakeholders to monitor and bear witness to Teal Jones’ operations.

Thrush egg, Walbran Valley. Photo courtesy Ellen Atkin.

Thrush egg, Walbran Valley. Photo courtesy Ellen Atkin.

As a non-profit society, we don’t counsel anyone to commit illegal action. We don’t condone activities like sabotage, vandalizing equipment, or spiking trees, which is the practice of hammering oversized nails into trees to threaten chainsaws and mill blades. But we remember history: two thousand trees spiked in the Walbran Valley in 1992, for example. That kind of response is not what we advocate, but we recognize the potential is out of our control.

Teal Jones’ reckless pursuit of the ancient Walbran forest has brought us to this conflict in an effort to keep the peace. The company is aggressively logging up to the park boundary, disregarding community input, and failing to obtain social license for its operations in the Central Walbran. They are operating in a rapidly changing climate, using discredited practices from the last century. They have lost sight of the goal shared by millions around the world: preserving this dwindling, irreplaceable ecosystem. We will do everything in our power to sustain these living communities.

We’re looking forward to seeing you soon.

Sincerely,

Zoe Blunt
Vancouver Island Community Forest Action Network
#Walbran

Read Teal Jones’ lawsuit against environmentalists.

Read Teal Jones notice of application for an injunction.

Background info here.

 

Victory for U’wa Nation

Victory for U’wa Nation

CASE ON INDIGENOUS LAND RIGHTS AND EXTRACTIVE PROJECTS MOVES FORWARD AT INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

Washington, DC – The U’wa Nation has received an admissibility report by the Inter-American Commission on Human Rights allowing its case against Colombia to move forward, recognizing that the indigenous group can seek the Commission’s help in defending its traditional territory. Although the U’wa have successfully defeated multiple oil and gas projects in the nearly two decades since they first filed their complaint with the Commission, the report recognizes that winning these battles does not end the overall complaint with the Colombian government, which does not fully recognize the U’wa people’s rights to their territory.

In a statement released [on Oct. 16], The U’wa organization Asou’wa  said: “Our U’wa Nation has been heard by the natural law, our ancestors and gods that guide and govern our thinking to safeguard, protect and care for our mother earth; While there are U’wa people, we will continue resisting in defense of our ancient rights.” EarthRights International (ERI) has been supporting Aura Tegria Cristancho, an U’wa lawyer who has been working on the case since 2013 from its offices in Lima, Peru, and Washington, DC.

Asou’wa, supported by the National Indigenous Organization of Colombia and the Coalition for Amazonian Peoples and Their Environment, first filed their complaint with the Commission in 1997. At the time, US-based Occidental Petroleum (Oxy) was threatening to drill for oil in their lands. The U’wa, supported by a global campaign against Oxy led by groups such as Amazon Watch and the Rainforest Action Network, secured Oxy’s withdrawal in 2001. More recently, Colombia’s Ecopetrol tried to move forward with a gas project on U’wa land, but pulled out earlier this year.  However, U’wa’s title over their ancestral lands have not been yet recognized.

The Commission’s decision comes after the U’wa and their supporters made it clear that, despite these victories, the root of the problem is the government’s lack of recognition and protection of the indigenous group’s ancestral territory.

“With this decision, the Commission recognized that even though Oxy and Ecopetrol pulled out, the U’wa remain threatened by the failure to fully protect their homeland,” said Camila Mariño, a Colombian lawyer and legal fellow with EarthRights International. “We are proud to stand with the U’wa.”

In the decision, dated July 22 but only released [now], the Commission formally accepts the U’wa petition as “admissible.” According to the Commission’s website, only twelve cases have been accepted as admissible so far this year. Following this decision, the case will move to the “merits” stage, in which the Commission will rule on the rights violations at issue.

– 30 –

Contact:
Valentina Stackl
+1 (202) 466 5188 x 100
valentina@earthrights.org

Luutkudziiwus to Launch Court Challenge to Prince Rupert Gas Pipeline

Luutkudziiwus to Launch Court Challenge to Prince Rupert Gas Pipeline

VANCOUVER – Luutkudziiwus, a Gitxsan Nation House Group, will file a legal challenge in regard to the BC regulatory permits awarded to the Prince Rupert Gas Transmission (PRGT) pipeline that would supply gas to the Petronas LNG plant on Lelu Island which threatens to decimate Skeena River wild salmon. Luutkudziiwus Hereditary Chiefs travelled down to Vancouver to make the announcement today, while government and industry are gathered at the 2015 LNG Conference in BC.

“We are taking the government to court over the lack of consultation, inadequate baseline information presented, a weak and subjective impact assessment, and the current cumulative effects from past development. People from all over northern BC are now outraged about the $40 billion Petronas LNG project. It is unbelievable that they claim they consulted with us,” says Luutkudziiwus spokesperson Richard Wright.

TransCanada’s proposed 900 km PRGT pipeline, contracted under Petronas, is slated to cross 34 km of Luutkudziiwus traditional Madii Lii territory on its way from massive fracking operations in Treaty 8 territory to the proposed Petronas-led (Pacific Northwest) LNG plant on Lelu Island in the Skeena estuary. Lelu Island is the tribal territory of the Gitwilgyoots of Lax Kw’alaams.

“Our Madii Lii territory is not to be played with by the province of BC in their LNG game. Clark’s LNG dream is a nightmare for us. While she tries to maintain a shiny picture of LNG in their conference this week, the reality is that First Nations are being bulldozed, and we have had enough,” says Hereditary Chief Luutkudziiwus (Charlie Wright).

Luutkudziiwus will ask BC Supreme Court to quash the Environmental Assessment Certificate and the BC Oil and Gas Commission permit to construct and operate the PRGT pipeline. These permits were not based on any substantive consultation, infringe upon Luutkudziiwus’ rights and title by allowing a pipeline which will cause adverse effects to fish and their habitats, wildlife and their habitats, terrestrial and aquatic resources, including cumulative effects, as well as to social, cultural, and economic values. In bringing their lawsuit, Luutkudziiwus is looking for consultation from BC government and will also ask the court to direct the Province of BC to consult with them before any permits are issued.

“The province has been stealing from our territory and culture for 150 years, and this needs to end. The proposed pipeline and LNG project is in deep conflict with core Luutkudziiwus interests and values,” said Hereditary Chief Xsim Wits’iin (Lester Moore).

“We want the BC government to respect our constitutionally protected Aboriginal rights with a true reconciliation process that honors healthy families and increases community health and education. Development within our traditional territories must have our Free, Prior and Informed Consent and stop tearing apart our communities” says Luutkudziiwus spokesperson Pansy Wright.

A delegation from Luutkudziiwus will be in Vancouver on Oct 14th, and will be available for interviews downtown or near the Vancouver Convention Centre on request.

– 30 –

For more information, photos, or to arrange interviews, please contact:

Richard Wright
Luutkudziiwus spokesperson
250.842.8974
richardwright_8@hotmail.com

Greg Horne
Media coordination
250 634 1021

Mary Macaulay
Legal Counsel
604 899 5227
mlmacauly@emlawyers.ca

10 Mexican Gray Wolves to Be Released in New Mexico

By Center for Biological Diversity

After pressure from the Center for Biological Diversity and allies, the U.S. Fish and Wildlife Service announced Wednesday it will release about 10 Mexican gray wolves into the wilds of southwestern New Mexico–a move scientists say is crucial to reduce dangerous inbreeding of the rare creatures.

Just days earlier, the Center and allies sent a letter to Interior Secretary Sally Jewell, signed by 43 groups and scientists, asking her to release at least five packs of endangered Mexican gray wolves into New Mexico’s 3.3-million-acre Gila National Forest.

Back in 1998, after a Center lawsuit, the Service began reintroducing Mexican gray wolves from captive-breeding facilities into their historic U.S. Southwest range, where they had been obliterated by federal poisoning and trapping. But the Service only released wolves into a small part of Arizona’s Apache National Forest, which quickly filled with wolf families.

“Releasing Mexican wolves to the wild is the only way to save these animals from extinction,” the Center’s Michael Robinson told the Santa Fe New Mexican. “It’s vital now that enough wolves get released to diversify their gene pool and ensure they don’t waste away from inbreeding.”

Read more in the Center for Biological Diversity press release and the Santa Fe New Mexican.

From 50 Countries Worldwide, Women Rise Up For Global Women’s Climate Justice Day of Action

From 50 Countries Worldwide, Women Rise Up For Global Women’s Climate Justice Day of Action

SAN FRANCISCO– On Tuesday, September 29th, 2015 women from fifty countries around the world took action for climate justice, gender equality, bold climate policies and transformative solutions as part of the Global Women’s Climate Justice Day of Action organized by the Women’s Earth and Climate Action Network (WECAN International).

From Sudan to the Philippines, from Ecuador to France, women raised their voices collectively to show resistance to social and environmental injustice and to present their solutions and demands for a healthy, livable planet.

In Port Harcourt, Nigeria women organized the ‘African Women Uniting for Energy, Food, & Climate Justice Exchange’, during which they shared struggles and solutions around oil extraction in the Niger delta and led a march through the city. In Swaziland, women united to sign the Women’s Climate Declaration and dialogue about why women experience disproportionate climate impacts and what can be done to address this injustice.

In Scotland, women collected trash from the beach and ocean to create an art installation highlighting the plight of threatened Arctic ecosystems. In Odisha, India, women united to speak out against deforestation fueled by the mining industry, taking direct action by planting trees and writing a memorandum to local government officials calling for communitywide reforestation programs led by women. Many worldwide participants voiced their demands for their governments to keep fossil fuels in the ground and immediately finance a just transition to 100% renewable energy.

Action recaps, photos, and statements from worldwide participants have been compiled on a central Day of Action gallery, from which they are being shared and amplified across the globe.

While women held decentralized actions in their communities, WECAN International convened a September 29th hub event, ‘Women Speak: Climate Justice on the Road to Paris & Beyond’ at the United Nations Church Center in New York City, directly across the street from where world leaders gathered for the annual United Nations General Assembly.

The event featured presentations and declarations of action by outstanding leaders including Indigenous activist and Greenpeace Canada campaigner Melina Laboucan-Massismo, May Boeve of 350.org, Jacqui Patterson of the NAACP, Patricia Gualinga, Kichwa leader of Sarayaku Ecuador, Thilmeeza Hussein of Voice of Women Maldives, and a special video message from Mary Robinson, former President of Ireland and President of the Mary Robinson Foundation-Climate Justice. The event concluded with a historic announcement and presentation of the ‘Indigenous Women of the North and South – Defend Mother Earth Treaty Compact 2015’.

As the day drew to a close, WECAN International and allies united for a direct action outside of the United Nations Headquarters.

“Women around the world are well aware that what is happening in the ‘halls of power’ is not nearly enough given the degree of climate crisis that we face and the injustices and impacts felt by women on the frontlines across the globe,” explained Osprey Orielle Lake, Founder and Executive Director of the Women’s Earth and Climate Action Network, “On September 29th, women across the world mobilized for bold, transformative climate change solutions and demonstrated the strength, diversity, and vitality of the women’s movement for climate justice. Women have always been on the frontlines of climate change, and now we are taking action to make sure that our voices and decision-making power are at the forefront as well. The stories, struggles, and solutions shared as part of the Global Women’s Climate Justice Day of Action will be carried forward to COP21 in Paris and beyond.”

***

The Women’s Earth and Climate Action Network (WECAN International) is a solutions-based, multi-faceted effort established to engage women worldwide as powerful stakeholders in climate change, climate justice, and sustainability solutions. Recent work includes the 2013 International Women’s Earth and Climate Summit, Women’s Climate Declaration, and WECAN Women’s Climate Action Agenda. International climate advocacy is complemented with on-the-ground programs such as the Women’s for Forests and Fossil Fuel/Mining/Mega Dam Resistance, US Women’s Climate Justice Initiative, and Regional Climate Solutions Trainings in the Middle East North Africa region, Latin America, and Democratic Republic of Congo. WECAN International was founded in 2013 as a project of the 501(c)3Women’s Earth and Climate Caucus (WECC) organization and its partner eraGlobal Alliance.

www.wecaninternational.org

 @WECAN_INTL
Indigenous Peoples of Yaigojé Apaporis Victorious as Court Ousts Canadian Mining Company

Indigenous Peoples of Yaigojé Apaporis Victorious as Court Ousts Canadian Mining Company

By  / Intercontinental Cry

After five years of legal contests and uncertainty, the Colombian Constitutional Court has confirmed that Yaigojé Apaporis, an indigenous resguardo (a legally recognized, collectively owned territory), also has legitimate status as a national park.

The decision is cause for celebration for Indigenous Peoples who call the region home. But it is less welcome news for Canadian multinational mining corporation Cosigo Resources, the company contesting the area’s national park status. The court’s ruling immediately and indefinitely suspends all mining activities in the park, including Cosigo’s license to mine gold from one of Yaigojé’s most sacred areas.

In the broader context of Colombia’s push to expand mining activities in the name of development, the court’s decision is seen as a significant precedent.

Since the 1980s, Colombia has protected more than 24 million hectares of the Amazon, placing an area the size of Britain back in the hands of its traditional owners. By choosing the rights of Indigenous Peoples and a new national park over multinational mining interests, the court’s decision safeguards Colombia’s achievements rather than undermining them.

THE BATTLE FOR YUISI’S GOLDEN LENS

Straddling Amazonas and Vaupés states, comprising a million hectares of the Northwestern Colombian Amazon, the pristine forest region of Yaigojé Apaporis is rich in both biological and cultural diversity.

The area hosts endangered mammals such as the giant anteater, jaguar, manatee and pink river dolphin. It is also home to the Makuna, Tanimuka, Letuama, Barasano, Cabiyari, Yahuna and Yujup-Maku Indigenous Peoples, who share a common cosmological system and rich shamanistic traditions. Together these populations act as Yaigojé’s guardians, a role that was strengthened in 1988 when, with the assistance of Colombian NGO Gaia Amazonas, they successfully established the Yaigojé Apaporis resguardo over their traditional territory. But this status has recently been tested.

Under Colombian law, a resguardo recognition grants its inhabitants collective ownership of and rights to the soil, but the subsoil remains in the control of the state and vulnerable to prospecting. With companies seeking to exploit this loophole, the Colombian Amazon has seen a tidal wave of mining interest since the mid-2000s, with the government declaring mining an “engine for development.”

Riding at the crest of this wave, in the late 2000s Canadian mining multinational Cosigo Resources made clear to local communities in Yaigojé its intention to mine for gold at a site within the resguardo known as La Libertad or Yuisi.

Local indigenous leaders say Cosigo became known to them when company representatives visited their malocas (traditional riverside houses). The indigenous leaders allege that officials offered them money in return for assurance of support the company to mine in Yuisi. These offers were rejected.

At Yuisi, a wide stretch of the Apaporis river cascades over rocks, forming roaring rapids. To the people of Yaigojé it is a vital sacred site, inextricably tied to their story of origin, identity and ability to care for the territory and the planet as a whole. Elders say “Yuisi is the crib of our way of thinking, of life and power. Everything is born here in thought: nature, the crops, trees, fruits, everything that exists, exists before in thought.”

Local shaman describe the gold and other minerals that form the bedrock of their territory as ‘lenses’ that allow them to see into the Earth, divine or diagnose any problems and correct them through rituals, prayer and thought. If gold were to be removed from Yuisi, they would lose their ability to cure and manage their territory as they have done for millennia. This is because an integral part of the territory itself would be lost. The notion that territory stops at the soil “as deep as the manioc’s root” is alien.

With negotiation with Cosigo out of the question, the traditional authorities in Yaigojé called an urgent congress of the Asociación de Capitanes Indígenas del Yaigojé Apaporis (ACIYA), an indigenous organization formed of groups living along the Apaporis River, in the area of Yaigojé that lies in Amazonas State. Having discussed the dangers posed by Cosigo’s presence and plans, ACIYA agreed that they must seek help from outside sources to further protect their territory.

“The best way to shield the territory was to call upon the state. In other words: Western disease is cured by Western medicine. If all mining licenses are given by the state, it is necessary to call on the state to defend the territory,” says Gerardo Macuna, a representative of ACIYA.

Advised that achieving national park status would extend protection to the subsoil, ACIYA and its supporters formally requested that the Colombian Government create a national park over their resguardo and traditional territory.

The people’s effort to add a third layer of protection for their territory was successful. In October 2009, Yaigojé Apaporis became Colombia’s 55th national protected area, but celebrations were short lived. Just two days after the area was awarded national park status, Cosigo Resources was granted a mining title for the Yuisi area, catalysing an epic struggle between Colombia’s will to protect the Amazon, with the help of indigenous inhabitants, or exploit it at their expense by prioritizing mining.

DEEP IN THE AMAZON, A SMOKING GUN

Map of Yaigojé-Apaporis Resguardo / National Park (Fundacion Gaia Amazonas, 2014)

Despite having been granted a license, Yaigojé’s new status as a national park remained an obstacle to Cosigo. The national park status, and its accompanying legal protections for the subsoil, would need to be revoked before mining could begin.

Facing stiff opposition from both ACIYA and the Colombian National Parks authorities just as Cosigo appeared to be fighting an uphill battle, the company got what seemed an almost impossible stroke of luck. A few months after Yaigojé was declared a national park, members of indigenous organization ACITAVA from the region of Yaigojé lying in Vaupés State launched a legal challenge to Yaigojé’s status at the Colombian Constitutional Court. Led by a local settler named Benigno Perilla, the challengers said that they had not been fully or adequately consulted in the process of creating the national park and it therefore violated their right to Free Prior and Informed Consent.

With an apparently complex conflict unfolding between Yaigojé’s Indigenous Peoples and the area’s national park status–its ecological and social integrity held in the balance–a legal deadlock ensued. This situation persisted for three years, until January 2014, when in an unprecedented move, three judges from Colombia’s Constitutional Court made the decision to travel to the heart of the Colombian Amazon to hold a hearing and consult with communities first hand.

Jorge Iván Palacio, president of the court, explained the court’s decision to make the journey by stating that “there is no justice unless we know what they think in the communities.” The ensuing hearing thoroughly vindicated his observation.

Before 160 indigenous inhabitants from along the Apaporis River and the judges, Benigno Perilla publicly admitted that his and ACITAVA’s legal strategy was encouraged, organized and paid for by Cosigo Resources. In what would prove the critical turning point in the case, the indigenous members of ACITAVA who had supported the challenge made a public apology, said they had been misled and declared their support for the creation of the national park.

A NEW DAWN FOR INDIGENOUS-LED CONSERVATION

Although it has been more than another year coming, the Colombian Constitutional Court has ousted Cosigo and legitimized the declaration of Yaigojé Apaporis as a national park. The decision recognizes the authority of the area’s Indigenous Peoples and protects their fundamental rights to culture, identity and consultation.

The decision is regarded as a significantly positive precedent for future conflicts between mining operations, protected areas and their indigenous inhabitants, at a time when Colombia has declared mining to be in the national interest.

The judges found sufficient evidence of wrongdoing by Cosigo to ask Colombia’s Justice Minister to open an investigation into the company’s consultation processes and interactions with communities in the Yaigojé area. Recently published revisions to Colombia’s projects of national interest have seen Cosigo’s project removed from the list. The company is said to be reviewing its legal options.

Confirming the compatibility of indigenous resguardos and national parks, the court has also opened up the possibility for others to follow Yaigojé’s example and enhance the protection of their territories from destructive or unwanted “development.”

Since Yaigojé was declared a national park, and in spite of the legal wrangle over its future, ACIYA and local indigenous youths have been pioneering a powerful new conservation paradigm that values indigenous knowledge and places it at the root of national park management.

ACIYA’s work to find a method of conservation that both works for them and allows for close collaboration with Colombia’s national park authorities is the subject of a recent film and won the group the prestigious UNDP Equator Prize in 2014. Their approach stands in stark contrast to technocratic, neo-colonialist conservation norms founded on a misplaced belief in pristine, unmanaged wilderness. These have been criticized by Indigenous Peoples and rights groups for excluding and forcibly displacing indigenous communities, fencing them out of their own lands and so obstructing their right to practice their cultures.

As part of their program, 27 young indigenous leaders from nine communities in Yaigojé have engaged in a deep process of cultural research. Advised by their elders, they have documented, mapped and recorded their peoples’ traditional practices for safeguarding and conserving the forest. In the words of one researcher, the aim has been to “transmit traditional knowledge to the younger generations and protect our ancestral territory.” So far, they have succeeded in doing both.

The research produced by ACIYA will now be used to define the management of the Yaigojé Apaporis National Park, further legitimizing local indigenous knowledge systems that have protected the life-support capacities of this rainforest region for generation after generation.

“Indigenous people are the natural allies of the rainforest and the whole environmental movement,” says former director of Gaia Amazonas Martin Von Hildebrand. “They have the traditional knowledge, they are organized. We just need to support them with what they need to run their own territories.”