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.”
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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.
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
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.”
WASHINGTON, D.C. — Renewed tension between the Rapa Nui people and the Chilean government has prompted the Indian Law Resource Center to file a request for protection orders on behalf of the Rapa Nui clans with an international human rights body.
“In the last two weeks, four prominent Rapa Nui leaders were unjustly arrested and jailed for trying to exercise their right of self-determination and their right to protect their sacred sites,” said Leonardo Crippa, senior attorney in the Center’s Washington, D.C. office. “The repressive measures aimed at disabling the Rapa Nui Parliament must stop.”
The Center has asked the Inter-American Commission on Human Rights (IACHR) to reissue precautionary measures to protect the Rapa Nui peoples’ right to life, their right to liberty and to protect their basic human rights. In 2010, the Commission granted precautionary measures under similar circumstances to protect Rapa Nui leaders from violent evictions by the Chilean government and opened an investigation regarding human rights violations. Those measures were allowed to lapse after negotiations began between the Rapa Nui Parliament and the Chilean government. In March 2015, negotiations broke down and the Rapa Nui Parliament assumed management of their own resources to protect and preserve their sacred sites.
“Chile treats the Rapa Nui as sub-human and without rights,” said Santi Hitorangi, a member of the Hito Clan, as he described the tension on Easter Island. “The fact that the state has named our ancestral sites as a national park for their entertainment shows the degree of disrespect that exists between Chile and the Rapa Nui people.”
The Rapa Nui island, commonly known as Easter Island, is in the southeastern Pacific Ocean and is called a special territory of Chile, annexed in 1933 without the consent of the Rapa Nui people. Most of the 36 Rapa Nui clans have been engaged in a collective effort to recover their ancestral lands, protect sacred sites, and exercise their right of self-determination.
The IACHR’s mission is to promote and protect human rights. As an organ of the Organization of American States, the Commission has the authority to hold countries such as Chile accountable for human rights abuses. A decision by IACHR on reissuing precautionary measures could come within a few months.
The Indian Law Resource Center is a non-profit law and advocacy organization established and directed by American Indians. The Center is based in Helena, Montana, and also has an office in Washington, D.C. The Center provides legal assistance without charge to Indian nations and other indigenous peoples throughout the Americas that are working to protect their lands, resources, human rights, environment and cultural heritage. The Center’s principal goal is the preservation and well-being of Indian and other Native peoples. For more information, please visit us online at www.indianlaw.org orwww.facebook.com/indianlawresourcecenter.
This morning, activists marched across The Bridge of the Gods to protest a proposed Nestlé bottled-water plant at Cascade Locks, Oregon.
The bridge is only opened once a year for pedestrian traffic. Hundreds of sightseers and community members gather for the stunning view of the Columbia River. Today, they were joined by twenty protesters, who marched with a bridge-spanning banner that read: “Stop Nestlé By Any Means Necessary.”
Nestlé is the world’s largest food and beverage firm. Despite a history of human rights abuses, this Switzerland-based corporation has made billions privatizing public water supplies around the world.
Their planned bottling facility in the Columbia River Gorge would siphon off 118 million gallons of water every year from Oxbow Springs. Opposition is widespread, especially from indigenous communities.
“Nestlé already has millions, they don’t need our water,” said Ernest J. Edwards of the Yakama Nation. “Our water is for the salmon.”
Treaties made with the Confederated Tribes of Warm Springs recognize their fishing rights. Tribal member Anna Mae Leonard held a five-day hunger strike last week, surviving only on water from Oxbow Springs. Despite this community opposition, the State of Oregon and local governments have so far sided with Nestlé.
“The water of the Gorge does not belong to Nestlé. It belongs to the Salmon, to the forests, to all non-humans, and to the indigenous communities,” said protester Jules Freeman. “It’s a desecration to bottle this water in toxic plastic and sell it back to us for a profit.” Freeman is a member of Deep Green Resistance, the group that organized the protest.
Opposition to Nestlé bottled water plants has been successful in the past; projects in Florida, Wisconsin, California, and elsewhere were scrapped after communities rose up in defiance. Freeman thinks the same can be done here.
“The community does not want this, but the government has not listened. But it doesn’t matter: if they won’t stop Nestlé, we will.”
If you are concerned about the Nestlé project, contact Oregon Governor Kate Brown at 503-378-4582 and Oregon Department of Fish and Wildlife Director Curt Melcher at 503-947-6044.
A federal judge on Aug. 26 denied a request by the San Luis Delta Mendota Water Authority and Westlands Water District for a temporary restraining order and preliminary injunction against the higher supplemental flows from Trinity Reservoir being released to stop a fish kill on the lower Klamath River.
The releases that the U.S. Bureau of Reclamation began last week, resulting from requests by the Hoopa Valley and Yurok Tribe fishery scientists to release Trinity River water to stop a fish kill–like that one that killed up to 78,000 adult salmon in September 2002–will continue. The two Tribes, the Pacific Coast Federation of Fisherman’s Associations and the Institute for Fisheries Resources were intervenors for the defendant, Interior Secretary Sally Jewell and the U.S. Department of Interior, in the litigation.
Trinity River below the Lewiston Dam during last year’s supplemental water releases (Photo: Dan Bacher)
In his decision, U.S. District Court Judge Lawrence O’Neill said,
The Court concludes that there is no clear showing of likelihood of success on the merits. Even if Plaintiffs are likely to succeed on the merits of at least one of their claims against Reclamation in connection with the 2015 FARs (Flow Augmentation Releases), the balance of the harms does not warrant an injunction at this time.
“The potential harm to the Plaintiffs from the potential, but far from certain, loss of added water supply in 2015 or 2016 does not outweigh the potentially catastrophic damage that ‘more likely than not’ will occur to this year’s salmon runs in the absence of the 2015 FARs,” ruled O’Neill.
This denial of the request by corporate agribusiness interests to halt badly needed flows for the lower Klamath River is a big victory for the Hoopa Valley Tribe, Yurok Tribe and fishing groups. Both this year and last, Tribal activists held protests demanding the release of Trinity River to stop a fish kill.
Editor’s Note: An original, unabridged version of this article is available at Coal Stop. You can read more and sign up for updates on the proposed Gateway Pacific Terminal at their website.
United States Senator Steve Daines (R-MT) is on a mission to do whatever it takes to get the Gateway Pacific Terminal (GPT), a 48 million metric-ton-per-year coal export terminal, permitted and built. The GPT project is proposed in Whatcom County, Washington, and would be sited at Xwe’chi’eXen (Cherry Point), along the shoreline, which is part of the Lummi Nation’s traditional fishing area. The company proposing GPT is Pacific International Terminals (PIT), a subsidiary created for the project by SSA Marine.
Tens of thousands of people who steadfastly oppose GPT are standing in the way of Senator Daines, SSA/PIT, and the coal companies like Cloud Peak Energy which have financial interests in seeing that GPT is built and operating. Also standing in the way is the Lummi Indian Tribe, a sovereign nation, standing tall in defense of its treaty rights.
On July 29, Senator Daines’ official website featured a press release about the senator and Congressman Ryan Zinke (R-MT), having led a group of sixteen senators and seventeen members of the House in sending two July 28, 2015 letters (one from the Senate and one from the House) to the U.S. Army Corps of Engineers. The letters urged U.S. Assistant Secretary of the Army Jo-Ellen Darcy, to complete the environmental review process for the proposed GPT project prior to the Corps making a determination whether impacts to any tribes’ U&A (usual and accustomed) treaty fishing rights are more than de minimis, or too trivial to warrant legal review.’
An August 3, 2015 Lummi Nation press release announced that Lummi Indian Business Council (LIBC) Chairman Tim Ballew II sent an August 3 letter to Senator Daines, cc’d to the thirty-two legislators who signed onto those letters, and the Senate Committee on Indian Affairs. In his letter, Ballew reminded them of the U.S. government’s obligation to protect and preserve the Lummi Nation’s treaty fishing rights.
BACKGROUND LEADING UP TO DAINES’ RECENT ACTIONS
In determining whether Lummi Nation’s treaty-guaranteed rights of access to its U&A fishing grounds and stations, and harvest of fish, would be adversely impacted by GPT, the Corps will be applying a de minimis threshold standard. Any impacts considered to be greater than de minimis by the Corps would warrant the GPT permit denial requested by the Lummi Nation.
The fact that the Corps “owes the highest fiduciary duty to protect Indian contract rights as embodied by treaties” is entrenched in case law. That solemn duty and obligation owed to the Lummi Nation by the U.S. federal government is something the agency takes extremely seriously, and addresses separately from any Environmental Impact Statement (EIS) the Corps is tasked with on proposed projects.
Treaty fishing rights of the Lummi are secured to them by the U.S. federal government in the Treaty of Point Elliott of 1855. Article 5 of the Treaty provides that, “The right of taking fish from usual and accustomed grounds and stations is further secured to said Indians in common with all citizens of the Territory. . .”
XWE’CHI’EXEN: WHAT IT MEANS TO THE LUMMI
Lummi Nation’s Sovereignty and Treaty Protection Office Director Jewell James provided some important insight on the significance of Xwe’chi’eXen (Cherry Point) to the Lummi, in the August 2013 issue of Whatcom Watch:
The Lummi have usual and accustomed fishing grounds scattered throughout the San Juan Islands and on the mainland of Whatcom County up to the Canadian border. Not only were our (fishing) village sites located throughout the territory, but the associated burial grounds are located at these sites, as well. Among the most important of these cultural landscapes is Xwe’chi’eXen (Cherry Point).
LIBC Chairman Tim Ballew sent a January 5, 2015 letter to the Army Corps of Engineers, asking the Corps to take action and immediately deny SSA/PIT’s permit application for the proposed GPT project. Ballew wrote:
Review of the impacts associated with this project, including, but not limited to, those analyzed in the Gateway Pacific Terminal Vessell [sic] Traffic and Risk Assessment Study lead to the inescapable conclusion that the proposed project will directly result in a substantial impairment of the treaty rights of the Lummi Nation throughout the Nation’s ‘usual and accustomed’ fishing areas. The Lummi have harvested at this location since time immemorial and plan to continue into the future.
SENATOR ATTEMPTS TO BLOCK ARMY CORPS’ DECISION-MAKING PROCESS
It’s also not surprising that the legislators who signed onto the July 28 letters to the Army Corps, altogether, received over $400,000 in contributions in 2014, from the same GPT-related interests listed above. It’s no surprise that Senator Daines is willing to be Montana coal industry’s point person on the proposed GPT project, because according to opensecrets.org, in 2014, Daines received over $50,000 in total campaign donations from the following contributors connected to the GPT project: Cloud Peak Energy, SSA Marine, FRS Capital Corp. (ultimate parent company of SSA Marine), Peabody Energy, BNSF, Boich Companies (part owner of Global Coal Sales Group, and the National Mining Association (an active advocate for the coal industry).
According to the August 3 Lummi Nation press release previously mentioned in this article, it turns out that the two July 28 letters sent to the Corps by the thirty-two legislators came after three failed attempts by Senator Daines to attach a specifically crafted amendment to various pieces of unrelated legislation. The amendments were designed to try to prohibit the Army Corps from making its determination regarding the Lummi Nation’s treaty fishing rights relating to GPT, before the final EIS would be completed for the project.
Excerpt of Senate Amendment (S.A.) 1809, proposed by Senator Daines on June 8, 2015
One of those amendments, Senate Amendment (S.A.) 1809, was proposed by Senator Daines on June 8. It was an amendment to Senator John McCain’s (R-AZ) Senate Amendment (SA 1463) attached to a piece of unrelated legislation, the National Defense Authorization Act (H.R. 1735) for fiscal year 2016.
Another example of Senator Daines’ attack on Lummi treaty rights was cited in LIBC Chairman Tim Ballew’s August 3 letter to the senator. His letter included a copy of the language that Daines apparently tried to insert as a proposed amendment to yet another piece of unrelated legislation (H.R. 22). The amendment text was the same language that was proposed in S.A. 1809.An excerpt from S.A. 1809 reads, “The Corps of Engineers shall not make any determination regarding usual and accustomed fishing places in connection with the Gateway Pacific Terminal project until after the Corps issues a final environmental impact statement. . .” S.A. 1809 never received debate as it was withdrawn, so it did not move forward to a vote.
Chairman Ballew admonished Senator Daines in the August 3 Lummi Nation press release:
Senator Daines has repeatedly sought to interfere in the Army Corps’ regulatory review process by seeking to attach legislative amendments to various bills moving through Congress. It’s unconscionable that, as a member of the Senate Indian Affairs Committee, he chooses to ignore treaty rights. He has repeatedly tried to diminish the rights of the Lummi Nation using “middle-of-the-night” stealth legislative tactics that have prevented stakeholders from weighing in.
BURYING AMENDMENTS IN UNRELATED LEGISLATION TO BURY TREATY RIGHTS
Amendments are often attached to unrelated bills, but riders that undermine treaties and sacred sites are particularly egregious. In December 2014, Senator McCain successfully buried an amendment he attached to the 1600-page 2015 National Defense Authorization Act (H.R. 4435). The must-pass NDAA legislation that Congress moves yearly was used as a vehicle by McCain to pass a morally suspect public lands exchange package involving land at Oak Flat, in Eastern Arizona.
Senator McCain’s “midnight” rider which disregards and diminishes treaty rights of the San Carlos Apache and other nearby tribes that he managed to sneak through in 2014, and the repeated legislative attempts by Senator Daines to trample Lummi treaty rights, illustrate the serious harm that can befall the Lummi Nation every single day that passes before the Army Corps makes its determination.
SSA Marine’s vice president Skip Sahlin, sent a May 12, 2015 letter to the Army Corps asking for an extension to respond to the Lummi Nation’s request to the Corps for an immediate denial of the GPT permit application because the terminal would interfere and impinge on the Nation’s treaty-protected fishing rights. In that letter, Sahlin claimed that allowing SSA/PIT the requested additional time “will not harm the Tribe or its treaty rights. . .”
The treaty rights of the Lummi Nation are under attack, and their Nation has had to expend untold efforts to defend those rights secured to them in 1855 by the United States. Every day that passes as the Army Corps is making its decision on the fate of the GPT permit, is another opportunity for coal-backed legislators such as Senator Daines to craft legislation aimed at weakening Lummi Nation’s treaty rights. Reasonable persons would conclude that despite Mr. Sahlin’s claim to the contrary, harm has been done to the Lummi Nation each day that has passed since February 2011, when SSA/PIT first submitted the application for its proposed GPT project to Whatcom County’s planning department.
Chairman Ballew made it clear in his letter to Senator Daines that the Lummi Nation will fight resolutely to defend and protect its treaty rights: “I can assure you, that if the Lummi Nation’s Treaty Fishing Rights are jeopardized by any efforts to allow the project to proceed, we will fight vigorously by all means necessary. In times past, our Nation and its leaders did not have the resources and were unable to stop prior efforts to construct commercial terminals in our region. That day is no more.”
