Dakota Access Pipeline resister stands with integrity in face of long prison sentence

Dakota Access Pipeline resister stands with integrity in face of long prison sentence

Sentenced to eight years in prison for acts of sabotage, water protector Jessica Reznicek reflects on her faith-driven resistance.

By Cristina Yurena Zerr

This article was first published in the German newspaper taz, and has been translated and edited for Waging Nonviolence.

On June 28, the federal court in Des Moines, Iowa was silent and filled to capacity. Fifty people were there to witness the sentencing of 40-year old Jessica Reznicek, charged with “conspiracy to damage an energy production facility” and “malicious use of fire.” The prosecution, asking for an extended sentence, argued that Reznicek’s acts could be classified as domestic terrorism.

This was not the first time Reznicek had been on trial, but this time she was facing a prison sentence of up to 20 years.

Sitting across from her was U.S. District Court Judge Rebecca Goodgame Ebinger, the prosecutor and an FBI agent. Numerous police officers in bulletproof vests stood around the courtroom. The defendant was called upon to give her closing speech.

In her loud, clear voice, Reznicek told them about her strong connection to the water. In her childhood she regularly went to the river to swim and play. But that’s no longer possible, she said, because the two rivers that run through Des Moines — Iowa’s capital — are now poisoned by agrobusiness pesticides and waste.

It was for these very personal reasons that she decided to fight the construction of the Dakota Access Pipeline, Reznicek told those in attendance. At least eight leaks, she explained, had already occurred in 2017, with 20,983 gallons of crude oil leeching into soils and the waterways. “I was acting out of desperation,” she said, describing her motivations for sabotage.

“Indigenous tradition teaches us that water is life. Scripture teaches that in the beginning, God created the waters and the earth and that it was good.” With these words, she ended her closing argument. The prison sentence followed shortly thereafter: eight years in federal prison, three years of probation, and a restitution of $3,198,512.70 to the corporation Energy Transfer.

The Des Moines River (Cristina Yurena Zerr)

On July 24, 2017 — two years before sentencing — Jessica Reznicek can be seen in a shaky video with her activist partner Ruby Montoya, a former elementary school teacher who was 27 at the time. They stand in front of a group of journalists next to a busy street. The speech they give would drastically change their lives.

After several months of secretly sabotaging one of the country’s most controversial construction projects, the two women, whose paths would later part, went public. “We acted for our children because the world they inherit does not meet their needs. There are over five major bodies of water here in Iowa, and none of them are clean. After having explored and exhausted all avenues of process, including attending public hearings, gathering signatures for valid requests for environmental impact statements, participating in civil disobedience, hunger strikes, marches and rallies, boycotts and encampments, we saw the clear refusal of our government to hear the people’s demands.”

That’s why Reznicek and Montoya burned five machines at a pipeline construction site in Iowa on election night in November 2016. They would later change their methods, using a welding torch to dismantle the pipeline’s surface-mounted steel valves, delaying construction by weeks. “After the success of this peaceful action, we began to use this tactic up and down the pipeline, throughout Iowa,” the two women say.

But no media reported on their activities; the corporation cited other — false — reasons for the delay. When the activists noticed during an action that oil was already flowing in the pipes, they decided to go public, as they had to admit a kind of defeat.

The two women appear clear and determined on this day in the summer of 2017 as they take turns reciting their pre-written text. “If there are any regrets, it is that we did not act enough.” They end their speeches and are led away in handcuffs by three police officers.

Using the slogan “Mni wiconi,” meaning “Water is Life,” in the Lakota (Sioux) language, a broad movement was organized in 2016 against the construction of the Dakota Access Pipeline. The protest of the Standing Rock Sioux tribe garnered national and international attention.

The tribe sees the construction of the pipeline as a threat to their water supply because the pipeline runs under Lake Oahe, which is near the reservation. Other bodies of water are also at risk because the pipeline crosses under rivers and lakes in many places, which could contaminate the drinking water of many people in the event of an accident. In addition, ancient burial sites and sacred places of great cultural value would be threatened by the construction. Opponents of the pipeline speak of ecological racism — not only because Indigenous rights to self-government would be curtailed, but also because the construction of so-called Man Camps (temporary container cities for construction workers who move from other states) would lead to prostitution and an increase in violence against Indigenous women.

Their government — the Sioux Tribe is a sovereign nation — issued a resolution back in 2015 saying the pipeline “poses a serious risk to the very survival of our tribe and […] would destroy valuable cultural resources.” Construction would also break the Fort Laramie Treaty, which guarantees them the “undisturbed use and occupation” of reservation land. But their arguments went unheard by both the company and the government.

The operating company said the pipeline would not harm the environment, would not affect Indigenous rights and would not pose a threat to drinking water supplies. But the protest, which stretches across several states along the pipeline, has developed into one of the largest environmental movements in the United States. Native Americans from different nations and reservations are joining, along with landowners, environmental organizations and left-wing autonomous movements.

Reznicek first heard about the pipeline when she was released from prison six years ago, after serving a two-month stint for her protest against a U.S. military weapons contractor in Omaha, Nebraska. An organizer from Standing Rock had come to Des Moines to mobilize people for the protest. “I decided that I wanted to learn more about Indigenous ceremony, understanding that I am a white person, I cannot just go in and express my demands. And I also wanted to focus on stopping the Dakota Access Pipeline Project. So I drove up to Standing Rock.”

Struggle endures for Philippine community pitted against gold miner

Struggle endures for Philippine community pitted against gold miner

This story first appeared in Mongabay.

By

Editor’s note: And the Struggle endures.

“I do not fight fascists because I will win. I fight fascists because they are fascists.”
― Chris Hedges, Wages of Rebellion: The Moral Imperative of Revolt

  • Australian-Canadian mining firm OceanaGold was recently granted a renewal of its permit to mine gold and copper in the northern Philippines.
  • The mine has faced years of opposition from area residents, mostly Indigenous people, who say it has scarred their land and threatens the water systems they depend on.
  • In 2019, when the company’s previous mining permit expired, protesters mounted barricades to block activity at the mine.
  • This year, restrictions put in place to curb the spread of COVID-19 have hampered their ability to organize.

NUEVA VIZCAYA, Philippines – Community leader Eduardo Ananayo says he wept when heard the Philippine government had renewed its mining agreement with Australian-Canadian company OceanaGold Corporation this past July.

“We felt betrayed by the government who we thought was there to protect us. Why did they side with the foreigners instead of us Indigenous people?” asks the Tuwali elder, who leads the Didipio Earth Savers Multi-Purpose Association (DESAMA), one of several organizations protesting the gold and copper mining operation.

OceanaGold holds a “financial or technical assistance agreement” (FTAA) issued by the Philippine government, which allows a wholly foreign-owned mining company to operate in the country. Its previous permit expired in 2019. The successful renewal, which came despite persistent opposition from both residents and the local government, allows the mining firm to continue operations until 2044.

“That will not dampen our resistance,” Ananayo says. “We will not let all our years of struggle go to waste.” Around 4,000 indigenous people living in the villages of Didipio and Alimit, in Kasibu town, Nueva Vizcaya province, have mounted strong opposition to the mine: first against Arimco Mining Corporation, which obtained the initial mining rights in 1994, and then against OceanaGold, which acquired the FTAA in 2006.

OceanaGold’s mine claim spans 27,000 hectares (66,700 acres), straddling the provinces of Nueva Vizcaya and Quirino, some 270 kilometers (170 miles) northeast of the Philippine capital, Manila. The concession is believed to hold 1.41 million ounces of gold and 169,400 tons of copper, enough to keep the mine running for another two decades.

Opponents of the project say it threatens the local water system, which is critical to the community’s survival, to their agricultural livelihoods, and to the surrounding ecosystems.

Immense volumes of water are used to process mineral ores, leading to both water pollution and depletion. In addition, both open-pit and underground mining (which OceanaGold shifted to as of 2015) can disrupt the natural underground water systems that feed springs and creeks.

Protesters also decry what they say is the company’s disregard for the land rights of the Indigenous people, and the wide open-pit and abandoned untillable farmlands that they consider a permanent scarring of their natural landscape.

A history of resistance

Since the 1990s, Indigenous peoples in Didipio have resisted attempts to mine their lands.

The area was originally settled by the Indigenous Bugkalot, but was later occupied through peaceful agreements by the Tuwali and Ayangan of Ifugao province and the Kalanguya and Ibaloy of Benguet in the 1950s. This means that although they belong to recognized Indigenous communities, the residents are not regarded as ancestral domain holders. This precludes them from asserting the need for a free, prior and informed consent (FPIC) process under the Philippine Indigenous Peoples Rights Act.

With a semitemperate weather, Didipio was an ideal place for rice and vegetable agriculture because of the abundance of water coming from numerous springs and creeks from the forest, Ananayo says.

The Dinauyan and Surong rivers, which cut across the village, were not only abundant with fish but also nuggets of gold, which locals traditionally pan, Ananayo recalls. “After tending our farms, we would go pan for gold which we sell to buy other necessities.”

But in the early 2000s, OceanaGold pushed through with its operation, despite resistance from the community and the municipal and provincial government. To begin excavating its open-pit mine, OceanaGold demolished at least 187 houses in June 2008. According to a 2011 report by the Philippine Commission on Human Rights (CHR), a constitutionally mandated body, this demolition was violent and was carried out without the legally required permits or relocation and compensation agreements. The evictions, the commission said, also amounted to a violation of the Indigenous community’s right to “manifest their culture and identity.”

“Some people were still cooking breakfast while others were still sleeping when Oceana [OceanaGold] bulldozed their houses,” recalls Myrna Duyan, also a resident of Didipio. Company security officers even shot a man for trying to save his neighbor’s house, she says.

With a semitemperate weather, Didipio was an ideal place for rice and vegetable agriculture because of the abundance of water coming from numerous springs and creeks from the Kasibu forest. Image courtesy of Karlston Lapniten.
OceanaGold’s mine in Didipio, Philippines. Image courtesy of Karlston Lapniten.

Following its investigation, the CHR recommended the government “consider the probable withdrawal” of OceanaGold’s FTAA due to gross violations of human rights related to the 2008 demolition. But no official action was taken.

Instead, by 2013 OceanaGold had completely demolished Dinkidi Hill, inverting it into a vast open-pit mine. Since then, Duyan says, the water systems across Didipio started to recede significantly.

As of October 2021, Duyan says that at least a dozen water pumps and springs have dried up in the community immediately surrounding the mine, forcing residents to travel at least a mile (1.6 kilometers) to fetch water for household use.

Other residents have given up tracts of farmland, as there is not enough irrigation to sustain crops. Duyan says her own father was forced to abandon their farm in Upper Bakbakan, a district in Didipio, when water became totally scarce in 2017.

The area where the water is drying up is part of the headwaters of the Addalam River, a major tributary of the Cagayan River, the longest in the Philippines. The Addalam irrigates rice paddies in downstream Isabela and Cagayan provinces, known as the rice-producing heartland of the northern Philippines.

The proximity of the mine to the community is also worrisome, since the center of the open pit is just 1 km (0.6 mi) from the edge of the community. When OceanaGold conducts rock blasting underground, the earth trembles as if an earthquake happened, Ananayo says.

Cracks can be seen in the walls and floors of many houses, as well as the community school, which the villagers attribute to the blasting.

“With their continuing operations, this will surely worsen. Nearby communities should also expect losing their waters,” Ananayo says.

Gold panners have also been stopped from panning in their traditional spots, Duyan says. Even those far downstream of the mine have had to stop after experiencing skin irritation from the river water, a phenomenon they attribute to the chemicals seeping from OceanaGold’s tailings dam.

At one time, Ananayo says, the company hired a “military man” who destroyed the residents’ sluice boxes along the river and threatened to hurt those who planned to resume panning.

“They accuse us of stealing from them by panning, but this is our land! How can we steal something we own?” Ananayo says.

OceanaGold did not grant Mongabay’s request for an interview, and instead directed Mongabay via email to visit its website “for more information.”

Residents forming a human barricade along the road, 2019. Image courtesy of Kalikasan PNE.

People’s barricades

Following the expiration of OceanaGold’s FTAA in June 2019, residents of Didipio set up “people’s barricades” along the gravel roads leading to both of the mine site’s entrances, halting the entry of OceanaGold’s fuel tankers and service vehicles.

Ananayo says they resorted to such means after numerous petitions and letters asking government agencies and national officials to intervene resulted in nothing. (The regional office of the Department of Environment and Natural Resources, which is responsible for regulating mining, did not respond to Mongabay’s request for comments.)

The opposition became even more emboldened with Nueva Vizcaya Governor Carlos Padilla’s vocal support: “[OceanaGold] no longer have the right to operate,” Padilla told local media in July 2019. “If they have no right to the land, then they have no right to continue enriching themselves from the land.”

Ananayo says the barricades have been the site of altercations between villagers and workers trying to bring in fuel and other materials for the mine’s operations. Violence escalated on April 6, 2020, when three oil tankers escorted by at least 100 policemen forced their way into the mine site from the northeast road.

Residents immediately gathered to form a human barricade along the road. Some sat down, others lay down on the gravel road, and others still tried to go under the tanker trucks. But the police, armed with riot shields and sticks, beat the protesters and shoved them to the side of the road. Witnesses said other policemen stood guard with their heavy rifles.

Duyan was struck on her foot, resulting in the loss of her toenails, while Ananayo was hit in the face. Rolando Pulido, at the time the chair of DESAMA, was stripped down to his underwear, beaten, and detained overnight at the police station.

Trauma from the event has led other residents to “lie low” for fear of an even greater impunity, Duyan says. But she says she remains undeterred. “Of course, we fear for our lives, but we will not let it conquer us. God is watching over us.”

An abandoned barricade post in Didipio. Image courtesy of Karlston Lapniten.
In April 2020, while the mine’s permit was suspended, police dispersed protesters and escorted a convoy of oil tankers to the mining site. Image courtesy of Karlston Lapniten.

Pandemic restrictions

With the rise in the number of coronavirus cases in the Philippines this year, protesters abandoned their barricade posts in compliance with local health protocols and regulations. They even avoided holding physical meetings to avoid the risk of local transmission, Duyan says.

It was during this period, when lockdowns and economic distress hampered the community’s ability to organize, that OceanaGold’s contract was renewed. “We are already suffering a lot from the effects of COVID and they included yet another burden on top,” Duyan says.

Duyan says OceanaGold has taken advantage of the restrictions imposed by the government to curb the pandemic. With no hindrance, its vehicles can now freely go in and out of the mine site, Duyan says. Hundreds of people from outside Didipio also frequently enter the community to apply for jobs after the company posted announcements for job openings. “Now we also have health security issues, since each of those people could be carriers of COVID,” Duyan says.

COVID-19 restrictions have also halted consultations and visits from NGOs and advocacy groups who are helping the community in their struggle against the mine. Ananayo says the community relies heavily on organizations like the Legal Rights and Natural Resources Center and Alyansa Tigil Mina (Alliance to Stop Mining) to provide pro bono assistance in legal actions and in understanding court and administrative processes.

“We’ve lost hope on government agencies because we have not seen them advocate our cause,” Ananayo says.

Information relayed to DESAMA by sympathetic OceanaGold employees indicates that the company will resume operations in December. This October, Duyan says, seven passenger vans loaded with blasting materials were seen entering the well-guarded mine compound.

With COVID-19 restrictions keeping the residents from going out to protest, OceanaGold’s vehicles now freely go in and out of the mine site. Image courtesy of Karlston Lapniten.

Call for help

With general elections coming up in May 2022, Duyan says the stance of politicians on large-scale mining will decide whom they will campaign and vote for.

“We will use this election to vote officials who truly champion our cause and will help us stop Oceana’s operations,” she says.

Following the inaction of the government in response to the illegal demolition of houses in 2008 and the violent dispersal of protesters in April 2020, Ananayo says protesting residents feel that even state forces and government agencies have become instruments to further oppress them. OceanaGold, Ananyo adds, has become well-versed in burnishing its image outside Didipio, with many local news outlets portraying the company as a responsible miner.

Ananayo says the community needs any help they can muster, even from outside the country.  “I hope people will notice our voices here in Didipio,” he says. “We settled here peacefully long before mining prospectors came. We will fight for our lands.”

Banner image: Eduardo Ananayo, leader of Didipio Earth Savers Multi-Purpose Association (DESAMA). Image courtesy of Karlston Lapniten.

Political Prisoner Support for Ruby Montoya and Jessica Renzicek

Political Prisoner Support for Ruby Montoya and Jessica Renzicek

By Max Wilbert

On July 24th, 2017, Ruby Montoya and Jessica Renzicek made a public statement admitting that they had carried out multiple acts of sabotage against the then-under-construction Dakota Access Pipeline (DAPL) in Spring 2017 during the #NoDAPL #StandingRock movement. The two activists set fire to heavy machinery and used blow torches to damage the oil pipeline and valves in an effort to decisively halt the project.

While the Dakota Access Pipeline was ultimately completed, their actions singlehandedly delayed construction for months. Jessica and Ruby are calling on others to consider similar tactics in their struggles against pipelines and other destructive projects.

On June 30, Jessica was sentenced to eight years in prison. Now, Ruby is scheduled to appear in Federal Court to argue that Energy Transfer Partners lied and demonized her and Jessica to try and get them locked up as “eco-terrorists.” Her defense, if successful, could set important legal precedents for eco-activists around the country.

To do this, she needs financial help. Please donate here to support Ruby’s legal defense. Funding will go directly to her attorney, Daphne Silverman.

DONATE:
https://www.gofundme.com/f/nodapl-water-protector-ETP

RUBY MONTOYA SUPPORT WEBSITE:
https://justice4ruby.com/

JESSICA REZNICEK SUPPORT WEBSITE (Jessica is now a political prisoner and we encourage supporters to write letters to her):
https://supportjessicareznicek.com/

Changes to global fisheries subsidies could level the playing field for traditional coastline communities

Changes to global fisheries subsidies could level the playing field for traditional coastline communities

This story first appeared in Mongabay.

by Gladstone Taylor

  • Community fishers struggle to hold their own against heavily-subsidized foreign fleets. Fisheries subsidies have long given wealthy nations an edge over Small Island Developing States (SIDS) like Jamaica that are rich in fishing traditions and natural resources.
  • In places like the multigenerational fishing village of Manchioneal, Jamaica, artisanal fishers say they simply can’t compete with heavily-subsidized foreign fleets working in depleted waters.
  • But decisions made by the WTO this year on subsidies could lead to more sustainable and equitable fisheries around the world, in turn leading to better food security and more fish.
  • This story was produced with the support of Internews’ Earth Journalism Network.

MANCHIONEAL, Jamaica — Nestled deep in the northeast coast of Jamaica, hidden in the thick fertile forests of Portland parish, sits the multigenerational fishing community of Manchioneal. Families have been continually fishing these tropical waters since at least the 1950s, preserving and passing down artisanal fishing traditions. The community’s work and lifestyle, which includes earning their catch many miles offshore, has persisted even in the face of foreign competition bolstered by subsidies.

Trips taken by Manchioneal fishers can last anywhere between two and four days, depending on the weather and the fisher’s discretion. Fishing is one of this community’s main sources of income, responsible for at least 35% of employment in the community, according to available information.

Though their fishing traditions remain intact, the risks and costs are high. Today, the very survival of Manchioneal’s fishing community has been put in peril by the uneven playing field influenced by global subsidies to fisheries.

Globally, experts estimate that governments allocate about $35.4 billion annually in fishing subsidies. These funds are meant to support fisheries industries, which some governments acknowledge as drivers of both economic growth and food security.

But approximately $22.2 billion of those subsidies are geared toward capacity-enhancing, according to one 2019 analysis. For a large-scale fishing fleet, that includes things like marketing, tax exemptions, fishing access agreements, boat construction, fishing port development, and more. Since these fleets already have the means and equipment, the additional support exponentially increases their ability to fish for longer periods of time and go farther out into international waters. Rural fisher community development programs also benefit from subsidies, but artisanal fishers like those in Manchioneal say the reality is that they remain threatened by the sheer level of competition.

“I’ve seen them [Jamaica’s National Fisheries Authority] bring a few lines and some hooks once I think,” said 20-year veteran fisherman Cato Smith in an interview. “But I didn’t receive any and whatever they gave wasn’t much compared to how often we spend for upkeep.”

Weighted hooks and fishing line. Image courtesy of Gladstone Taylor.
Fishing gaff made of pipe. The survival of Manchioneal’s fishing community has been put in peril by the uneven playing field influenced by global subsidies to fisheries, which includes the quality of fishing equipment. Image courtesy of Gladstone Taylor.

For every $1 in fishing subsidies spent in Small Island Developing States (SIDS) like Jamaica, industrialized nations spend $7, according to research by the Sea Around Us project at the University of British Columbia’s fisheries center.

Independent, nonaligned Jamaican fishers, in particular, don’t benefit from any fishing subsidies. This adds another layer of competition with heavily subsidized foreign fleets, both in international waters adjacent to Jamaica and in Jamaica’s own waters.

In general, foreign fleets are also able to operate far longer at sea than artisanal fishers, drastically increasing overfishing within those waters. That leaves unsubsidized fishers like Smith unable to venture out far enough to supply the island’s domestic demand for fish.

“The demand is always there, so to get enough fish we have to go far out,” Smith said.

Overfishing is a global issue that has the potential to destabilize food systems worldwide, posing a real threat to food security and trade relations. There has been some movement to create more protections, though it’s still in the early stages.

On July 15 this year, WTO member states, including Jamaica, met for marathon discussions on a draft text asking members to strictly prohibit illegal, unreported and unregulated (IUU) fishing. The draft text not only calls for an end to subsidies for IUU fisheries, but also an end to all subsidies for overfished stocks.

“No Member shall grant or maintain subsidies for fishing or fishing related activities regarding an overfished stock,” it states.

The agreement was initially brought forward in 2001 in response to an increase in overfishing at the turn of the new millennium, according to the U.N.’s Food and Agriculture Organization. The task set by the WTO was clear: minimize or eliminate subsidies in overfished waters.

Talks are scheduled to conclude with a final agreed-upon document by the end of the year.

Traditional fishers in Jamaica. Image via PxHere (Public domain).

A persistent tradition

For many who live in coastal communities like Manchioneal, seafood is the main source of protein. Fisheries also provide employment for many young people in general in Jamaica, some of whom have fallen through the cracks of the education system because of lack of financial support.

According to the agriculture ministry’s draft fisheries policy, the fisheries industry contributes to direct and indirect employment of more than 40,000 people and contributes to the local economy of many fishing communities. It also makes an indirect contribution to the livelihoods of more than 200,000 people.

The community of Manchioneal gets its name from the fruit-bearing manchineel (Hippomane mancinella) trees that grow along the area’s coastline. The tree species is known for its wide-set branch network, love of water, and production of what many call beach apples, which are ironically toxic.

But it’s the shape of the harbor that makes the town truly special.

The harbor is perched between two arches of land on either side with a belt of mountains overlooking the small opening of about 600 meters (nearly 2,000 feet) that leads out to the Caribbean Sea.

An 18th-century cannon is still perched on a hill overlooking Manchioneal Bay to this day. The harbor and its cannons made for an impressive defensive fortress, which made the site highly valuable to the British during the 1600s when they first colonized Jamaica.

18th century British Cannon on a hill in Muirton Boy’s Home, overlooking Manchioneal Bay. Image courtesy of Gladstone Taylor.

Sylvester Robinson, a fisherman and net maker in Manchioneal, says the area has long been a fishing community.

“I started originally in Port Antonio in the ’60s, and I didn’t really know much about it, but I had some friends who were fishers,” Robinson said in an interview. “At first, I was working at the bakery, and during the week I would take bread for my fisher friends. What I found out was: if I brought them bread in the week, I could get a fish from each of them on the weekend. I really liked that.”

In the past, that was how many people got involved in fishing: they knew a friend who knew a friend, who had a boat.

“One day I saw a man making nets, and to me it looked interesting, so I would visit him after work,” Robinson said. “I would watch him making nets, and ask him questions, until I started to go out to sea with him. At that time, we used paddle boats, with long oars. Eventually, I moved here to Manchioneal, by that time I had gone from paddle boat to motorboat so I could go out further and I would catch hundreds of pounds of fish.”

Many of the fishers in the community are born into the traditions of a fishing family. Those traditions include the use of hooks and lines, poles, nets, pots and even spears for those who know how to free dive.

Manchioneal’s Smith is a second-generation fisherman, who has been in the business long enough to witness the impact of globalization firsthand.

“Fishing has been my occupation since I was 20 years old, it was handed down from my father to me,” he said. “So, I grew up fishing.”

Even though fishers like Smith and others regularly work out of Manchioneal Port, several miles offshore, they are also often forced to venture out into deeper waters.

“Our fishing port is like 14 miles [22.5 kilometers] offshore, but we have banks that are like 40-plus miles [more than 64 km] offshore, in international waters,” Smith said. “But you have other boats who come and catch a lot of fish, because Jamaica has more fish than other Caribbean countries.”

Parked boat on land at Manchioneal Harbor. Even though fishers like Cato Smith and others regularly work out of Manchioneal Port, several miles offshore, they are also often forced to venture out into deeper waters. Image courtesy of Gladstone Taylor.
Cato Smith, a second-generation fisherman, holding one of his fishing poles. Image courtesy of Gladstone Taylor.

The threat of increasingly unpredictable weather has also played a role in recent years, as climate change impacts intensify weather systems like hurricanes. Jamaica’s 2021 hurricane season saw four storms by mid-October.

That, in turn, has exacerbated international competition on the seas. According to fishers, some small-scale fishers in other parts of Jamaica, like Port Maria, St. Catherine or Oracabessa, simply tend to fish within their own harbors and ports, unless they’re driven farther out to sea due to depleted fishing stocks.

But, according to Smith, that’s not the case.

“No, it is not overfishing,” he said. “You have to go [specific] places to catch the fish, because the demand for it is great, worldwide. Fishing here has always been going out to the deep sea.”

Experts note, however, that some of the traditional catches by these local fishers, include kingfish, jack, sprat, mackerel and tuna, among others which are typically found further from shore.

A decade ago, in 2011, a report on coastal coral reefs in Jamaica from the World Resources Institute noted that Jamaica’s “nearshore waters are among the most overfished in the Caribbean.” The report also places Manchioneal near-shore reefs in the “very high” threatened category, which indicates a danger to biodiversity and overall fisheries in the area.

Even Smith concedes that despite longtime traditions, the impetus for his and others’ extended sea treks today is linked to the fact that current demand exceeds the volume of fish available in nearby waters.

Manchioneal beach. A report on coastal coral reefs in Jamaica noted that Jamaica’s “nearshore waters are among the most overfished in the Caribbean.” Image courtesy of Gladstone Taylor.

On equal footing

For local fishers to even access subsidies, certain formalities must be observed. The Oracabessa Fishing Sanctuary, located in Jamaica’s St. Mary parish, is one the 10 gazetted fishing sanctuaries that receive subsidies from the local government in the form of financial aid to the sanctuary. This cooperative group of fishers, according to executive director Travis Graham, has banded together with nearby hotels, and its members currently work as coral gardeners and sanctuary patrols.

But artisanal fishers like Smith and Robinson say they haven’t benefited from any subsidy programs so far.

“It’s hard to get the fishermen as a group, and without that, they cannot access any funding from the government,” said George William, a fisher and agent with the National Fisheries Authority.

William is a seasoned fisherman of 50 years, and has worked with the National Fisheries Authority, an arm of the Ministry of Agriculture and Fisheries, for roughly 30 years.

“They were thinking about making a sanctuary here [in Manchioneal],” William said, hinting at the viability of the bay. “But the fishers won’t band together. If they did, there would be a lot to preserve because all along the coast here sea turtles come to nest. It’s a breeding ground for them.”

With a clerk as his teammate, William services the National Fisheries Authorities outpost in Manchioneal, where they sell gasoline as well as boat and fishing licenses.

“Whenever they have work to do, for instance, out in Pedro Cay, I help out [with] things having to do with the sanctuaries and to see that the fishers don’t overfish, so that the next generation can grow up and have fish,” William said.

View from behind the Manchioneal Fisheries Authorities outpost. Image courtesy of Gladstone Taylor.

In 2018, the Jamaican government passed new adjustments to the Fishing Industry Act, placing heftier fines on outlawed fishing practices like operating without a license, possessing or selling prohibited or illegally caught fish, and more. The government also outlawed fishing by deep diving with compression air tanks. This had been a growing trend for years, despite the high risk of compression sickness or “the bends,” which has crippled and even killed some fishermen.

According to Smith, some fishers suffer from the bends while deep diving, recover, and then go right back to using it. Many are still willing to take the risk even after it was outlawed, because they feel it gives them an edge over their foreign counterparts on the water. Jamaica’s revised fishing subsidies draft could provide the leverage these local fishers need.

Floyd Green, Jamaica’s minister of agriculture and fisheries, did not respond to multiple inquiries about developments regarding the government’s current or new fisheries subsidies agreement.

WTO’s mission: Why it matters

The issue of hefty subsidies for wealthier foreign fleets over local fishers is about more than just unfair competition. These subsidies could throw a serious wrench into Jamaica’s food security agenda, forcing Jamaicans to purchase their own fish from foreign sources.

It’s one of the negative outcomes in the equation that the WTO is seeking to remedy with its revision process. Fishers from industrialized states, who are already well-equipped, will be ineligible for subsidies after the WTO’s 12th ministerial conference in November 2021.

The WTO agreement they’re scheduled to present and table in Geneva from November to December could end up being one of the single most important decisions they make for Jamaica’s long-term fisheries sustainability.

Muirton river, Jamaica. Image courtesy of Gladstone Taylor.

Banner image: Jamaican fishers in their fishing boat. Image by Adam Cohn via Flickr (CC BY-NC-ND 2.0).

Indigenous Understanding of Salween River Key for Biodiversity

Indigenous Understanding of Salween River Key for Biodiversity

This story first appeared in The Third Pole.

By Saw John Bright.

This week, governments from around the world will convene online for the first part of the UN Biodiversity Summit COP15 (the second part will take place partially in-person in Kunming in spring), which will agree on the post-2020 Global Biodiversity Framework. Framed as a ‘stepping stone’ to the 2050 Vision of ‘Living in harmony with nature’ as part of the Convention on Biological Diversity (CBD), ratified by 196 countries, this framework is intended to deal with runaway biodiversity loss over the next decade.

Increased attention is being paid to how Indigenous peoples have for centuries realised this aspiration of harmony. Indigenous peoples manage or have rights to 22% of the world’s land, yet this land supports 80% of the world’s biodiversity, even as they struggle to regain ancestral lands that were taken from them in many places. What is less recognised is how Indigenous understanding and perception of reality upholds this harmony.

The CBD meeting three years ago promised greater inclusion of Indigenous peoples and traditional knowledge, and there is much discussion of these issues ahead of COP15. The CBD developed the Akwé: Kon Guidelines in 2004 and further deepened involvement with the launch of a Traditional Knowledge Information Portal. Despite this progress, when mainstreaming of biodiversity into the energy sector was discussed by CBD parties in 2017, the negative impacts of hydropower dams were discussed in biodiversity and ecosystem terms, paying mere lip service to Indigenous rights.

A narrowly technical understanding of hydropower – passed off as “scientific” – underestimates how culture supports economies, conservation and utility for Indigenous peoples living in river basins. When external experts interpret Indigenous knowledge without the context of Indigenous perception of reality (ontology), they fail to grasp its importance. What is needed is an incorporation of Indigenous understanding of reality when discussing biodiversity in Indigenous territories, in order to manage ecosystems better.

The Salween through Indigenous eyes

The Salween River is one of the few major rivers in Asia who still flows freely and uninterrupted by large-scale dams. Roughly 2,400 kilometres long, the Salween flows from the Tibetan Plateau through Yunnan into Myanmar, briefly touching Thailand. The river supports some of the most biodiverse areas in the world and is home to diverse Indigenous groups including the Akha, Blang, Derung, Hmong, Kachin, Karen, Karenni, Kokang, Lahu, Lisu, Mon, Nu, Palaung (T’arng), Pa’O, Shan, Tibetan, Yao, and Wa.

As custodians of the Salween River, community members maintain a spiritual relationship with the Salween, as our ancestors have done since they descended from the Tibetan Plateau many centuries ago. For us, the Salween is home to countless important spirits who are intermediaries between our human societies and the environment around us. She supports the sacred animal and plant species who populate our cosmos and carries the memories of our ancestors whose lives were intertwined with the river. Our relationship with the spirits is maintained and the memories of our ancestors kept alive by our continuous interaction with the Salween River. She is the backbone of our traditional knowledge and practices.

This is a wider understanding of the river than a mere provider of ‘ecosystem services’ that sustains our ‘livelihoods’. In our Indigenous understanding and perception of reality, developed over generations of living in the Salween basin, we don’t make a distinction between plants, animals, humans and more-than-humans such as spirits and ancestral spirits. This interconnectedness remains strong because the Salween is a free-flowing river.

These connections are reflected in Indigenous land, water and natural resource management across the Salween basin. As has been noted with reference to the Htee K’Sah guardian spirits of the water in S’gaw Karen ontology in the journal Pacific Conservation Biology,

“Karen environmental governance consists of social relations and ceremonial obligations with more-than-humans… It is through relations with the K‘Sah that Karen villagers relate to the water and land itself, and humans’ rights to use the land are contingent on maintaining these ritual obligations.”

Indigenous knowledge systems lead to better conservation

Our customary water governance traditions include stewardship practices, hunting and fishing restrictions, and ceremonial protocols that have fostered harmony with nature and safeguarded biodiversity. Our river is inhabited and protected by guardian spirits. In sanctuary areas, prayer ceremonies are performed to protect the fish and harm those who fish there. Our traditional watershed management systems designate ecologically sensitive areas such as ridges, watersheds and old growth forests, where the cutting back of forest is prohibited.

The benefits of traditional knowledge and practices for biodiversity thus come from the cultivation of a harmonious relationship between humans and more-than-humans, which is why sacred areas – an old tree or an entire mountain or river – must be protected. The ongoing relevance of such traditional knowledge and practices can be seen in the Salween Peace Park, an Indigenous initiative in Karen state that was awarded the 2020 UNDP Equator Prize. Around 75% of the forests, mountains and rivers that constitute the 1.4-million-acre area is managed according to traditional ‘kaw’ customary knowledge that combines spirituality, culture and conservation. This combination characterises Indigenous knowledge and is at the heart of Indigenous identity even when people have adopted ‘formal’ religions.

Indigenous knowledge and practices that are beneficial for biodiversity cannot be separated from Indigenous understanding and perception of reality. The inseparability of Indigenous ontology, Indigenous knowledge and Indigenous practices is hard to recognise for people living outside these ontologies. It is not possible to capture or preserve our Indigenous knowledge in a museum or a book. What meditation and prayer in a house of worship is for other religions, for us is the interaction with the Salween River. Our knowledge regenerates from our interaction with our environment, especially at the countless natural sacred sites and auspicious confluence points where the Salween meets its tributaries. We see her as a living entity.

Uninterrupted interconnectedness is key for the Salween

There are plans for seven Chinese-built dams along the Salween River, which has been a source of friction between Myanmar and China, as well as the current and previous governments and Indigenous groups. If the Salween River is dammed, it will strike at the heart of our cultures and beliefs. The severance of the river itself and the cascade of consequences will be the death knell for our traditional knowledge and practices for three reasons.

Firstly, the Salween responds to seasonal snowmelt and monsoon rains. Altering these variations in her flow affects the river’s ecology, severing people’s interdependency with the river by causing a decline in local river-linked livelihoods such as fisheries and agriculture. If these are disrupted, young people will have no choice but to take up professions disconnected from the river or move away. Less interaction and cohabitation with the river over time weakens Indigenous knowledge systems.

In the Karen context, Lu Htee Hta is one of the most important ceremonies performed as part of our relationship with the water, a ‘founders’ ritual’ which maintains a social contract with the more-than-human owners of the water and land. If the next generation is not able to conduct these rituals, the social contract will be broken. Without the continuous interactions between animals, humans and non-humans in the Salween basin, Indigenous knowledge will cease, and with it practices that have sustained the rich biodiversity we see today.

Secondly, dam-induced changes to the river’s rhythms, levels and nutrition will reduce the numbers and ranges of many sacred aquatic species that are strictly protected in the traditional management systems of the Salween, including the fish Nya Moo, Nya Ter Taw, and Nya Pla (Neolissochilus sp.). For instance, a reddish species of Nya P’tay is regarded as the king of all fish and killing them, we believe, will result in the extinction of fish species and water scarcity and drought. The Salween is home to a diversity of turtles greater than any other river in the world, and we regard a number of them as sacred.

Mainstream dams will also affect river-based sites considered sacred, such as the Thawthi Kho watershed area, threatening the effective protected status of waterbodies rich in biodiversity such as spring-fed pools, mud beds, waterfalls, rapids and islands. If these sacred natural sites run dry or flood in unusual ways, people will believe that the spirits may become angry and cause accidents and illness in nearby communities, or leave the river altogether, stripping these sites of protection.

Third, if our Salween is fragmented by dams, this will disrupt the flow, interconnection and relationship between all beings that depended on it. This upsets the balance in the river, which in turn upsets the balance between the river, humans and more-than-humans. It is the wholeness of the river – connecting beginning to end; past to present; humans to more-than-humans – that makes her the backbone of our belief systems. This gives her a sacred meaning as an indivisible living entity that supports our Indigenous cosmos.

Recognition and action for Indigenous ontologies

We draw hope from recent developments that have seen the central importance of free-flowing rivers in Indigenous ontologies being increasingly recognised, including by parties to the CBD. In 2017, New Zealand acknowledged the sacred status of the Whanganui River in Maori ontology by giving the river legal personhood. Through this act, New Zealand recognised the Whanganui as “an indivisible and living whole, comprising the Whanganui River from the mountains to the sea, incorporating its tributaries and all its physical and metaphysical elements”. New Zealand acknowledged “the enduring concept of Te Awa Tupua – the inseparability of the people and the River” thereby echoing the ancient Maori proverb: “The Great River flows from the mountains to the sea. I am the River and the River is me.”

According to the New Zealand attorney general in charge of the process, their most difficult challenge was getting the country’s European-descendant majority “to see the world through Maori eyes”. While rivers have since been recognised as living entities in CBD member countries such as EcuadorBangladesh and Canada, many other CBD members are still severing the flow of rivers sacred to Indigenous Peoples. In our own country, Myanmar, the military junta recently announced a fresh push to dam the Salween River.

Participants at the COP15 of the Convention on Biological Diversity should move beyond previous calls for ‘participation by’ and ‘consultation with’ Indigenous Peoples to recognise ontological diversity in order to safeguard biodiversity in Indigenous territories. To play an effective role in addressing the biodiversity crisis, we have to be able to sustain our own ‘Ecological Civilisation’.

Parties to the CBD should consider legislation that recognises legal personhood and rights of rivers considered sacred to Indigenous Peoples and incorporate Rights of Nature into the post-2020 Global Biodiversity Framework. Parties should also translate the Akwé: Kon Guidelines into their national laws so that these guidelines become more relevant. Through enabling more research into Indigenous ontologies and their spiritual relationship with rivers, the CBD Secretariat should help to foster a better understanding of who a river is in the ontology of Indigenous Peoples.

Above all, parties to the CBD should, in their effort to mainstream biodiversity in the energy sector, commit to excluding large-scale hydropower as an energy option for rivers such as the Salween which are sacred and culturally significant to Indigenous Peoples.

Banner image: Christophe95 – Own work (CC BY-SA 4.0)