In Solidarity with #NoBayouBridgePipeline National Day of Action
by Ginew
BEMIDJI, Minnesota—Early Tuesday morning, September 18th, a group of indigenous water protectors from the Ginew Collective, raised a tipi and blocked a bridge south of Bemidji, halting work at a construction site for the recently permitted line 3 pipeline. Ginew (Golden Eagle) is a grassroots, frontlines effort led by indigenous women to protect Anishinaabe territory from the destruction of Enbridge’s Line 3 tar sands project.
While the tipi blockade prevented bulldozers and street paving machines from laying down new asphalt over the Mississippi, a local Anishinaabe woman held a water ceremony on the bank of the river offering medicine, prayers and songs. The action took place just miles from 3000 year old Dakota village sites near Lake LaSalle where Clearwater county road 230 crosses the headwaters of the Mississippi River.
One member of Ginew declared “We’re here today protecting our water, our burial sites and standing in solidarity with our brothers and sisters down south who are fighting the Bayou Bridge Pipeline. The Mississippi River begins here in the headwaters, where we are standing right now, and it ends in the Gulf of Mexico, in the bayous, where folks have been fighting against Energy Transfer Partners (ETP) for months, putting their bodies on the line for clean water and safer communities. We’re fighting Enbridge here, a different company that is also invested in ETP. Enbridge wants to cross over 200 water ways and drill under the Mississippi River multiple times to construct Line 3. Enbridge wants to put this new poisonous black snake where the river begins and turn this area into an industrial corridor. They want to poison our seed of hope for clean water and turn us into another alley of cancer.”
Many of the work trucks bore out of state plates, one indigenous woman pointed to the out of state plates and explained that “Extractive industry impacts indigenous peoples first and worst – the men come into our communities to build these destructive projects and we women face increased risks of violence, harassment, and potentially life-threatening assaults while our native communities are jurisdictionally limited in the right to prosecute offenders.”
Another water protector put it simply. “We will make it clear that indigenous territories are not sacrifice zones, and the tar sands machine must stop. Line 3 is Enbridge’s single largest project in the company’s history, and with the cancellation of Energy East and uncertain financial backing of Kinder Morgan and Keystone XL, this has become a fight that could cripple the industry while changing the narrative of indigenous peoples within mainstream society. Standing Rock planted seeds across Turtle Island and the world, we Anishinaabe in what is now known as Minnesota are prepared to fight and to stand side by side with indigenous and non-indigenous peoples alike in our work.”
In a lawsuit that will inspire and galvanize many other indigenous communities across the Amazon for years to come, the Kofan of Sinangoe have won a trial against four Ecuadorian ministries and agencies for having granted or attempted to grant more than 30,000 hectares of mining concessions in pristine Amazonian rainforest on the border of their ancestral land without their free, prior and informed consent. The destructive mining operations that were taking place within these concessions threatened not only the Kofan’s lives, culture and health, but also those of the countless communities located downriver.
In a historic decision on Friday July 27th 2018, a regional judge accepted the evidence provided by the community, charged the government with not having consulted the Kofan, and suspended all mining activity in more than 52 concessions in the headwaters of the Aguarico River. The decision was immediately appealed by all the authorities involved, and then by Sinangoe and their ally in the Defensoria del Pueblo, who seek an even tougher verdict recognizing that rights to health, water and a clean environment had also been violated. The case will be brought before a provincial judge in August, 2018.
The free, prior and informed consent loophole
Like in many places around the world, the Ecuadorian government has a mining claim system built to facilitate any interested party in purchasing cheap concessions— maximizing foreign interests and accelerating the approval process. Although both Ecuador’s Mining Act and the Constitution recognize the need for Free, Prior and Informed Consent from stakeholder communities for mining operations, it is still mostly a theoretical concept ignored by Ecuadorian agencies. Hence Sinangoe’s lawsuit. According to the experts heard over the course of the legal process, the Mining ministry leaves the “consultation” to the mining company or the concession owners themselves, which in turn have no legal obligation to consult with local people, and often will perform their “consultation” through a phone call or by handing out a simple information pamphlet. In the case of Sinangoe, it was when machines started tearing up the riverbed of the Aguarico looking for gold that the community learned about the new concessions.
The Environment ministry, on the other end, stipulated in the courtroom that it is not responsible for consulting with communities impacted by mining. Interestingly, according to the Mining Act, the Environment Ministry needs to grant environmental licenses before operations can begin, unless the granting process takes more than 6 months, in which case – as unbelievable as this is – the permits are automatically granted to the operators. So basically, via a very simple bureaucratic process involving nothing more than paperwork, a mining operator can very quickly obtain 20 to 25-year land claims within 6 months, while the impacted communities living downstream haven’t even heard about the concessions. This is a loophole the judge described as a violation of the right to free, prior and informed consent, a verdict that will help many other communities facing the same threats in a country where gold mining is booming.
When rigorous community monitoring pays off
Throughout the lawsuit, the ministries’ lawyers vigorously tried to destroy Sinangoe’s evidence, credibility, ownership of and ancestral claims to the land. They downplayed the environmental damage documented by Sinangoe, claiming that the Kofan aren’t impacted by the mining operations because their land is on the other side of the river and that legal mining has minimal footprint on the environment. However, Sinangoe had done what will likely inspire many other communities: they had documented every step made by the miners through rigorous and systematic monitoring using high tech mapping, filming, archiving all evidence, and then they used legal tactics to pressure every single level of government to act to stop the operations. Systematic recording of all the different types of evidence helped build a solid case against a negligent concession-granting system.
Once in the courtroom, Sinangoe had accrued such a massive body of evidence of environmental damage and inaction on the part of the government that the judge requested a field inspection, a key event that helped him understand the scale of the damage already done, showed the deep connection the Kofan have with the area transformed into mining concessions, discredited the ministries’ arguments, and also allowed him to witness the sheer beauty of the area at risk.
Evidence provided by Sinangoe in court to show the rapidity and expanse of environmental damages on the shores of the Aguarico River
A first legal victory, but the battle for land and rights still rages
To the officials sitting in their offices in Quito, these concessions were nothing more than coordinates and squares on a map, but to the Kofan who live across the riverbank, the area is a place imbued with life, history, sustenance, stories and so much more. To grant concessions without experiencing the place in and of itself, either through field visits or proper consultation with the people who inhabit and use the territory, is a transgression of the inherent value of sites so rich in history and biodiversity.
Sinangoe’s strength has been put to trial, and the community’s perseverance and conviction have provided them a first legal victory and attracted support from various indigenous and human rights organization across the country. With all ministries involved appealing the judgment, the Kofan will need more strength and support to navigate the next wave of legal governmental intimidation.
Alex Lucitante, Kofan human rights defender, engaging with the media after the historic legal victory.
Sign the pledge in support of Sinangoe and stay tuned for more on our work to defend rights, lands and life in the Amazon.
A Canadian court “quashed” approval of the Trans Mountain pipeline expansion on Thursday, a major setback for Prime Minister Justin Trudeau, whose government agreed to purchase the controversial project from Kinder Morgan for $4.5 billion Canadian dollars (U.S. $3.5 billion) in May.
It’s a stunning victory for Indigenous groups and environmentalists opposed to the project, which is designed to nearly triple the amount of tar sands transported from Alberta to the coast of British Columbia.
The Federal Court of Appeal ruled that the National Energy Board’s review—as explained by the Canadian Press—”was so flawed that the federal government could not rely on it as a basis for its decision to approve the expansion.”
The project has been at the center of widespread protests from environmental groups and First Nations ever since November 2016, when Trudeau approved a $7.4 billion expansion of the existing Trans Mountain pipeline that would increase the transport of Alberta tar sands oil from the current 300,000 barrels per day to 890,000 barrels per day and increase tanker traffic nearly seven-fold through the Burrard Inlet.
Specifically, the court said it was an “unjustifiable failure” that the National Energy Board did not consider the environmental impacts of the increased tanker traffic.
The court additionally concluded that the government “fell well short” with properly consulting with the Indigenous groups involved in the case, including the Tsleil-Waututh and Squamish on British Columbia’s south coast.
The ruling will force the National Energy Board to redo its review of the pipeline and the government to restart consultations with the Indigenous groups. It also means that the construction that has already began in central Alberta must cease.
In effect, the court has halted the 1,150-kilometer project indefinitely and it will remain in “legal limbo until the energy regulator and the government reassess their approvals to satisfy the court’s demands,” CBC wrote about today’s decision.
Notably, the decision was made the same day Kinder Morgan’s shareholders voted to approve the $4.5 billion sale to Canada, which means the country owns a proposed pipeline project that could be subject to years of further review, the publication pointed out.
The court’s judgment could be appealed a final time to the Supreme Court of Canada.
The Minister of Finance Bill Morneau said that the government has received the ruling and will review the decision.
Featured image: Wangan and Jagalingou cultural leader Adrian Burragubba visits Doongmabulla Springs in Australia. The Wangan and Jagalingou are fighting a proposed coal mine that would likely destroy the springs, which are sacred to the Indigenous Australian group.
For tens of thousands of years, the Wangan and Jagalingou people have lived in the flat arid lands of central Queensland, Australia. But now they are fighting for their very existence. Earlier this month, they took their fight to the United Nations after years of Australia’s failure to protect their fundamental human rights.
A company called Adani Mining Pty Ltd, part of the Adani Group of companies founded by an Indian billionaire named Gautam Adani, is determined to build the massive Carmichael Coal Mine and Rail Project on the Wangan and Jagalingou’s ancestral homelands. If built, the Carmichael Coal Mine would be among the largest coal mines in the world, with six open-cut pits and five underground mines, as well as associated infrastructure like rail lines, waste rock dumps and an airstrip.
Coals mine are immensely destructive: The Carmichael mine would permanently destroy vast areas of the Wangan and Jagalingou’s ancestral homelands and waters, and everything on and in them—sacred sites, totems, plants and animals. It would also likely destroy the Wangan and Jagalingou’s most sacred site, Doongmabulla Springs, an oasis in the midst of a dry land. The development of the mine would also result in the permanent extinguishment under Australian law of the Wangan and Jagalingou’s rights in a part of their ancestral homelands.
The Wangan and Jagalingou’s lands and waters embody their culture and are the living source of their customs, laws and spiritual beliefs. Their spiritual ancestors—including the Mundunjudra (Rainbow Serpent), who travelled through Doongmabulla Springs to shape the land—live on their lands.
Wangan and Jagalingou traditional lands.
As Wangan and Jagalingou authorized spokesperson and cultural leader Adrian Burragubba said, “Our land is our life. It is the place we come from, and it is who we are. Plants, animals and waterholes all have a special place in our land and culture and are connected to it.”
Consequently, the destruction of the Wangan and Jagalingou’s lands and waters is the destruction of their culture. If their lands are destroyed, they will be unable to pass their culture on to their children and grandchildren, and their identity as Wangan and Jagalingou will be erased.
Murrawah Johnson, authorised youth spokesperson of the Wangan and Jagalingou, said, “In our tribe, women teach our stories to our young people. I want my children and their children to know who they are. And if this mine proceeds and destroys our land and waters, and with it our culture, our future generations will not know who they are. Our people and our culture have survived for thousands of years, and I cannot allow the Carmichael mine to destroy us. I will not allow myself to be the link in the chain that breaks.”
In these circumstances, the development of the Carmichael mine violates the Wangan and Jagalingou’s internationally protected human rights, including the right to continue practicing their culture and to use and control their ancestral homelands, as well as the right to be consulted in good faith and to give or withhold their consent to mining projects on their lands.
A man participates in a ceremonial dance on Wangan and Jagalingou ancestral lands.
Despite the Wangan and Jagalingou’s persistent objections and their pleas to the Australian and Queensland governments to protect their human rights, both governments have approved the mine and publicly support it, and Adani Mining remains steadfastly determined to develop the project as soon as possible. The Wangan and Jagalingou have also brought litigation in Australia to protect their homelands, but have been unsuccessful to date because Australian law allows private companies and the government to override the Wangan and Jagalingou’s rights in their ancestral lands.
Now, to protect their fundamental human rights, the Wangan and Jagalingou have been forced to seek help from a United Nations human rights watchdog. Recently, the Wangan and Jagalingou asked the UN Committee on the Elimination of Racial Discrimination to urgently ensure Australia protects their homelands and culture. The committee is the enforcement body of the UN Convention on the Elimination of All Forms of Racial Discrimination, a treaty Australia has signed. The convention is one of the core international treaties among the world’s nations that protect our most basic human rights, including Indigenous peoples’ rights to culture and land.
If Australia will not listen to its own people, the Wangan and Jagalingou hope it will listen to international community and cease prioritizing the profits of a foreign company over the permanent loss of a people who have been connected to the land since time immemorial.
Adrian Burragubba provides cultural teachings to Wangan and Jagalingou young men on their ancestral lands.
Ely, Nevada: A broad coalition of Nevadans committed to protecting the state’s water resources are declaring victory in their opposition to the SNWA groundwater pipeline. They applaud a ruling by the Nevada State Engineer denying all water rights applications for the project.
Great Basin Water Network and White Pine County say the decision is essentially a death-knell for the roughly 300-mile pipeline proposal. These groups oppose SNWA’s proposed groundwater export and pipeline project because it would cause catastrophic long term environmental harm to some of Nevada’s most pristine and treasured areas, and because it would cause long-term economic devastation to rural communities throughout eastern Nevada. Following favorable decisions in Nevada’s District and Supreme Courts, it appears that the Nevada State Engineer agrees.
“With the denial of these applications by the State Engineer, this ill-conceived multibillion dollar boondoggle is now dead in the water,” said Abigail Johnson of the Great Basin Water Network. “After a string of court victories, we have a decision showing that the water is not available for this project without hurting the area’s existing water rights and environment.”
“We welcome the State Engineer’s denial of SNWA’s applications, which clearly was required by Nevada water law, as the State District Court and Supreme Court have explained,” said the coalition’s attorney, Simeon Herskovits of Advocates for Community and Environment. “We do, however, disagree with the State Engineer’s gratuitous finding that SNWA’s monitoring, management and mitigation (or 3M) plan is adequate. Their slightly elaborated 3M plan remains as much of a sham as it always has been,” Herskovits added.
“White Pine County residents and rural Nevadans are glad that the limits of available groundwater resources have been acknowledged,” declared White Pine County Commissioner Gary Perea. “The denial of SNWA’s applications finally recognizes that, if allowed, the project would take more water than the system could bear, hurting existing water rights and the economies that depend on them.”
“We will continue to stand up and ensure that the State Engineer and SNWA follow the law, and protect our water rights and resources from overpumping and irreversible harm,” agreed another White Pine County Commissioner, Carol McKenzie, from Lund.
Kena Gloeckner, whose family has been ranching in Lincoln County’s Dry Lake Valley – a target of the project – for many generations, said “Not only would this groundwater project have jeopardized our family’s 150-year-old legacy and livelihood, but it would have also ended a way of life valued by local residents. Ranchers and farmers on the ground have long known that the aquifers in these rural valleys are interconnected and are at or near their limits – there is simply nowhere near the amount of water that SNWA wanted to take.”
LANSING, Mich. – The Menominee Indian Tribe of Wisconsin has filed a petition for a contested case hearing on the Michigan Department of Environmental Quality’s (MDEQ) issuance of a Wetland Permit for the Back Forty Mine.
The Wetland Permit, issued in June, is the final state permit necessary to develop the Back Forty Mine, a large open-pit mine and minerals-processing facility on the Menominee River, which forms the Michigan-Wisconsin border. The permit allows for construction of the Back Forty Mine on wetlands connected and adjacent to the Menominee River.
The Tribe opposes the mine, not only for its potential to contaminate the Menominee River and destroy surrounding wetlands, but also because the area has cultural significance to the Tribe. The Tribe has burial grounds, agricultural sites and ceremonial sites that have been in the area for centuries.
Represented by Tribal attorneys and the environmental law firm Earthjustice, the Tribe contends the permit was granted to the mine developer (Toronto-based Aquila Resources, Inc.) contrary to the requirements of state law for wetland protections – and over the written objections of MDEQ’s own Water Resources Division.
“This permit was issued despite every indication that it would have a negative impact on the Menominee River and destroy its surrounding wetlands,” said attorney Stephanie Tsosie of the Earthjustice legal team. “The permit application left out critical information on the river and wetlands system, and is based on promises that the developer would provide information down the road. So, MDEQ issued this permit without a full picture of how extensive the mine damage could be, and without public input.”
“This permit ignores that the Menominee River and its surrounding wetlands are interconnected,” added Menominee Tribe Chairman Douglas Cox. “This relationship is something the Menominee people have known for thousands of years. We have deep ties to the River, as the Tribe originated there and has lived in the area since time immemorial. Not only has MDEQ ignored the Menominee Tribe’s interests and assertions – it has also ignored the objections of its own Michigan Tribes and other public comments.”
The petition for a contested case hearing was filed on Friday, August 3. The contested case proceeding will be heard by an administrative law judge in Michigan.
The Menominee Tribe of Wisconsin is already the plaintiff in a federal lawsuit against the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency. The Tribe contends these agencies violated the Clean Water Act by allowing the State of Michigan to oversee what should be a federal permitting process.
This contested case is another avenue the Tribe is taking to protect cultural, historic and spiritual sites from damage and destruction.
