An illustration of the Great Lakes region, through which Enbridge Energy’s Lines 3 and 5 carrying tar sands oil flows / credit: Bill Krupinski
Editor’s Note: Members of Toward Freedom‘s Board of Directors are involved in struggles while they serve on TF‘s working board. Board President Rebecca Kemble spent the summer in central Minnesota, where a struggle against pipelines carrying oil derived from Canadian tar sands has taken place. Enbridge Energy is a Canadian multinational corporation running tar sands pipelines through the United States for export because it has not been able to get permission to build them in Canada. However, all of the land through which Enbridge’s Pipeline 3, known as “Line 3,” passes either is 1854 or 1855 Treaty Territory. The Obijwe people ceded the territory to the U.S. government in exchange for the rights to hunt, fish and gather on those lands in perpetuity. Line 3 also plows through hundreds of wild-rice beds. Northern and central Minnesota, as well as northern Wisconsin, are the only places where wild rice grows. The plant is sacred to the Anishinaabe peoples (made up of the Ojibwe, Ottawa and Pottowotami nations) of the Great Lakes region. The U.S. government initiated the 1854 and 1855 treaties to avoid costly military campaigns for land conquest. Since they were written, these treaties have been broken multiple times. In the last several decades, the Ojibwe people have been successfully asserting their treaty rights in federal courts. The White Earth Band of Ojibwe recently sued Minnesota’s Department of Natural Resources for permitting Line 3 and, in so doing, failing to protect the state’s fresh water. Manoomin (wild rice) is named as a plaintiff in that case. (In Ecuador and New Zealand, rivers have been named plaintiffs.) At least 6 active and autonomous “No Line 3” camps have occupied central Minnesota over the past summer. Some have been established as direct-action camps, while others are cultural and educational camps.
Monday, October 12, marked Indigenous People’s Day, which kicked off a series of daily protest actions in Washington, D.C. While U.S. President Joe Biden issued a proclamation Monday affirming Indigenous sovereignty, the federal government continues to allow violations of Indigenous sovereignty, such as in the form of pipeline projects.
For the first time since the 1970s, Indigenous people occupied the U.S. Bureau of Indian Affairs this week in Washington. A group called People vs. Fossil Fuels stated in a press release 130 people were arrested.
Restoration of 110 million acres (450,000 km2) of land taken away from Native Nations
Bring Home Our Children Buried At Your Residential Schools
Restoration of treaty-making (ended by Congress in 1871)
Establishment of a treaty commission to make new treaties (with sovereign Native Nations)
Land Back
Water Back
Honor the Treaties
No new leases for oil and gas or extractive industry on public lands
Free, Prior, and Informed Consent
Reclaim and affirm health, housing, employment, economic development, and education for all Indigenous people
Restoration of terminated rights
Repeal of state jurisdiction on Native Nations
Federal protection for offenses against Indians
Below is a series of photos Rebecca Kemble captured over the summer.
Sunset on the Shell River in 1855 Treaty Territory, now within the U.S. state of Minnesota. The treaty created the Leech Lake and Mille Lacs reservations in northern Minnesota, while ceding territory to the U.S. government but retaining rights to hunt, fish and gather food. The river is home to many plant, mollusk, fish, insect, bird and animal species, including the endangered Higgins’ Eye Pearlymussel and many beds of wild rice. The historic drought of the summer of 2021 reduced the water flow to between 10 percent and 25 percent of its normal rate. As a consequence, it was possible to walk down many miles of the river bed. Enbridge Energy drilled under the river in five locations using Horizontal Directional Drilling methods. Throughout the summer of 2021, Honor the Earth, an Indigenous-led nonprofit that has provided grants to more than 200 Indigenous organizations, sponsored an Anishinaabe culture and education camp at the Shell City Campground on the shores of the Shell River. The Anishinaabe people are indigenous to Minnesota, Wisconsin, Michigan and Ontario. Over the course of the summer, thousands of people visited the camp, participating in river monitoring and cultural activities, and learning about Anishinaabe culture, history and the 1855 Treaty between the Upper Mississippi Ojibwe and the U.S. government.
Visitors arriving at Shell City Campground learned about 1855 Treaty Territory and their responsibilities under those treaties. Treaties are not just about Indigenous people—they are agreements between sovereign nations and must be upheld on both sides. The U.S. Constitution calls treaties “the supreme law of the land” and the U.S. Supreme Court has upheld the rights of Indigenous people to hunt, fish and gather in territories where treaties have reserved those rights, including 1855 Treaty Territory in central Minnesota. What good is a right to hunt, fish or gather if there is no game, fish or plant food to harvest? This is the basis for opposing extractive industries in Tribal territories: It destroys the basis for practicing Indigenous ways of living.
Rays of the sun seem to pull the canoe forward as a camper returns from an evening paddle.The break in the trees is the Enbridge easement in Wadena County, Minnesota, where Line 3 will cross under the Shell River. The light green vegetation on the water’s edge is a wild-rice bed.The endangered Higgins’ Eye Pearlymussel was found in the Shell River near the Enbridge escarpment. The Minnesota Department of Natural Resources refused to send staff to the river to confirm their existence.Higgins’ Eye Pearlymussel found in the Shell River on the Enbridge easement.University of Minnesota students testing water temperatures in the river above the location where Enbridge installed Line 3.Law enforcement arrived on the Enbridge easement as scientists conducted water monitoring experiments. An easement is the point at which a jurisdiction grants an entity permission to cross. Enbridge has reimbursed Minnesota law-enforcement agencies over $2 million for policing its property over the past year, and it has participated in coordinated trainings and intelligence sharing. Enbridge pipes ready to be welded and trenched into the ground in Wadena County, Minnesota.Honor the Earth applied to the City of Park Rapids, Minnesota, to participate in their Fourth of July parade. The application was denied and it was informed it would be forcibly evicted if it tried to join. Water Protectors with signs, banners and life-sized puppets watched the parade from a side street and joined in at the end. They were followed by police and sheriff cars, but they were not evicted.Mavis Mantila, enrolled member of the Keweenaw Bay Indian Community and public-school teacher, stands by a giant sturgeon puppet during the Park Rapids Fourth of July parade.
Honor the Earth delegation joins a Fourth of July parade in Park Rapids, Minnesota, as police and sheriff cars follow.
Honor the Earth Executive Director and White Earth tribal member Winona LaDuke at the end of the Park Rapids Fourth of July parade.After the parade, water protectors marched to local Enbridge offices in Park Rapids.Park Rapids police guarding Enbridge property. Water protectors were ordered off the property.A sign left behind on the Enbridge entrance’s sign reads, “Who Profit$ Who Dies?”Chelsea Fairbank, completing her Ph.D. in anthropology at the University of Maine, installs an Honoring Water art project at the Shell City Campground in July, 2021. The project is based on her doctoral research that focuses on large-scale fossil-fuel extraction sites, and the peoples impacted in these zones.
Part of the Honoring Water project includes the press release from the 1855 Treaty Authority that announced the White Earth Band of Ojibwe’s formal declaration of the Rights of Manoomin (wild rice) in their territory.Page 2 of the Rights of Manoomin press release.Kiley Knowles (right) of the Obijwe nation and Nova Dakota of Dakota/Tla-o-qui-aht ancestry on a horse named Bud at Shell City Horse Camp.Dakota singer Hoka Wicasa spent the summer teaching songs and ceremonies to Ojibwe youth at the Shell City Horse Camp.Jim Northrup III, a Fond du Lac Ojibwe member, teaching youth how to erect a tipi at the Shell City Horse Camp. Sawyer, 12, tries his hand as a rope runner. Rope running requires walking the rope around tipi poles to secure them together at the top, where the poles meet. This helps create the structure for a tipi, a traditional shelter for Indigenous peoples mainly of the plains and prairies of North America. Sasha Richards leads riders as she carries water through downtown Park Rapids on one leg of the Line 3 Nibi (Water) Walk that began at Lake Superior in Wisconsin and went 359 miles to the Red River in North Dakota. Kiley Knowles carries the staff behind her.Teenagers Kiley, Iris and Sasha ride the Nibi Walk route in Hubbard County, Minnesota.Riders crossing a Line 3 site in Hubbard County, Minnesota.Signs at the camp read, from left to right, “From the Bronx to Shell River: Defend the Sacred,” “Welcome the Lummi Nation” and “Love Water: HonorEarth.org” Banners at Shell City Campground welcoming the House of Tears Carvers from Lummi Nation on their Red Road to DC journey.Honor the Earth Executive Director Winona LaDuke and Board President Oneida tribal member Paul DeMain join House of Tears carver Sit ki kadem and painter Siam’el wit of Lummi Nation on a stop at Shell City Camp. This was part of the Red Road to DC 20th anniversary Totem Pole journey to protect sacred sites.House of Tears Carvers painter Siam’el wit gives Jim Northrup III a blanket at the end of the honoring ceremony at Shell City Camp.Water protectors and Red Road to DC tour denizens at Shell City Camp.White Earth Tribal member and RISE Coalition co-founder Dawn Goodwin (second from right) serves an Enbridge representative with a cease-and-desist order for work on Line 3 under the Mississippi River. The order was from the White Earth Tribal Council. However, Enbridge did not acknowledge it as it wasn’t signed by a U.S. judge. Clearwater County Sheriff Darin Halverson (second from left) flanks the representative while White Earth Tribal Council member Raymond Auginaush, Sr. (center) accompanies Dawn. Dawn and others established Camp Firelight near the headwaters of the Mississippi River at Coffee Pot Landing in Clearwater County, where Enbridge had set up pumping and drilling stations to bore under the river. Pipeline 3 is set to travel under the river, a cause for concern as it violates the sovereignty of Ojibwe people in the 1855 Treaty Territory and could pollute water for 20 million people who live downstream when the pipeline leaks. Pipeline leaks are common in the United States.A confrontation with an Enbridge representative and a county sheriff.Dakota singer Hoka Wicasa sings as youth runners from Standing Rock, Cheyenne River and Lower Brule Lakota-Dakota-Nakota Nations in North and South Dakota approach an Enbridge work site near Camp Firelight. They ran 1,100 miles from Mobridge, South Dakota through North Dakota and along the pipeline route across Minnesota from North Dakota to Wisconsin, stopping at all of the water protector camps across the region. Youth runners count coup on Enbridge at Coffee Pot Landing in Clearwater County, Minnesota. Counting coup is the warrior tradition of winning prestige against an enemy in battle. It involves shaming the enemy, and persuading the enemy to admit defeat without having to kill them. These victories may then be remembered, recorded and recounted as part of the community’s oral, written or pictorial histories.Runners placed a red prayer tie on the barbed wire that surrounds the Enbridge work site. Enbridge workers can be seen in the background.Women of Camp Firelight on the bridge across the Mississippi River awaiting the departure of the youth runners from camp.Pumping station on the shores of the Mississippi River at Coffee Pot Landing in Clearwater County, Minnesota, taking water for Horizontal Directional Drilling activities. The Minnesota DNR permitted Enbridge to withdraw nearly 6 billion gallons of water for pipeline construction and testing activities at the height of a historic drought. They were initially permitted to take 500 million gallons, but later the permit was amended for an additional 5 billion gallons. This was done without consultation with the Tribes. Enbridge easement on the wetland crossing the Mississippi River. Earlier in the summer, thousands of people gathered here and some occupied and held this site for 8 days during the Treaty People Gathering. In the course of the summer, drilling activities produced at least 6 “frac-outs” at this location, which meant drilling fluid spilled into the river and wetlands. Wetlands are a crucial feature of the environment and are home to many species. The photographer’s canine companion, Makwa, and husband, Adam Chern of Madison, Wisconsin, walk on the Mississippi River Bridge near Camp Firelight and Coffee Pot Landing in Clearwater County, Minnesota. The sky is hazy from nearby wildfires caused by record high temperatures and drought. The Camp Firelight kitchen. Many resources were needed to sustain the camp throughout the summer. Much of it was funded by tribal members and camp visitors, as well as from donations.Signs at the camp read, “Honor Treaties” and “Caution: Treaty Rights in Progress.” Enbridge drilling and pumping worksite near Coffee Pot Landing on the Upper Mississippi River.RISE Coalition co-founder Dawn Goodwin sits on the bridge across the Mississippi River awaiting news of the 7 Camp Firelight water protectors who had been arrested while praying on the easement the day before.Seven Camp Firelight arrestees were released from Becker County jail on August 4. RISE Coalition and Camp Firelight co-founder Nancy Beaulieu is second from right. The night before, Clearwater County Sheriff deputies arrested the seven in Clearwater County. They they were transported by a Polk County vehicle, booked into jail in Pennington County system and physically taken to the Becker County jail. More than 900 arrests of water protectors along Line 3 took place in the past year.One of several water meters installed on Park Rapids fire hydrants to serve Enbridge’s water needs. The city of Park Rapids sold 6 million gallons of water to Enbridge for their camp and construction operations. This was done without the knowledge or consent of the Park Rapids City Council or residents. Because of drought conditions, the Minnesota Department of Natural Resources ordered them to halt the sales. One of the many frac-out sites outlined with wooden stakes along Line 3.No Line 3 banner on the Enbridge easement by the Welcome Water Protector Camp on the Mississippi River on Aitkin County, Minnesota.Honor the Earth is focused on building a just transition away from fossil fuels through tribal business development. Winona’s Hemp & Heritage Farm grows hemp and other food, and distributes “pipeline-free” wild rice harvested by Ojibwe people from the region. Akiing 8th Fire Solar is another business started by Honor the Earth as part of its just transition activities. “Black Snake Killer” hand drum resting against a tree at the Martin Luther King Jr. Recreation Center in St. Paul, Minnesota, at the end of the Treaty People Walk for Water. Dozens of walkers departed from Camp Firelight on August 7 and walked 259 miles to St. Paul, arriving on August 25. Walkers were joined by others at the recreation center for the final mile-and-a-half walk to the State Capitol. They marched in silence in honor of the thousands of children’s remains found in residential boarding schools over the summer, and for all missing and murdered Indigenous relatives. Crane puppets flowing silently through the streets of St. Paul.Crane puppets flowing silently through the streets of St. Paul.Hoka Wicasa holds feathers, sage and a hand drum depicting a jaguar eating the heart of a priest in front of a hearse and the Cathedral of Saint Paul at the end of the Treaty People Walk for the Water on August 25. Kaylee Moody and Joe Morales (Yaqui), organizers of the Treaty People Walk for Water, on the final stretch of the 259-mile walk.Ojibwe women Winona LaDuke and Tania Aubid on the Treaty People Walk for Water. Last winter, Winona and Tania established a prayer lodge and the Welcome Water Protector Camp on the shores of the Mississippi River in Aitken County, Minnesota. They have been arrested numerous times protecting the water from Enbridge’s construction activities over the past year. In their defense, they argue their treaty rights to hunt, fish and gather in their territories supercede a foreign oil company’s right to destroy the land and water upon which those rights depend.Dozens of tipis were erected on the Minnesota State Capitol grounds during the week of August 23.In anticipation of Indigenous people arriving on his doorstep, Governor Tim Walz shut down the Minnesota State Capitol for a week and installed concrete barricades and fencing. Hundreds of law enforcement officers patrolled the grounds for that week.Walkers were honored with songs at the Minnesota State Capitol at the conclusion of the Treaty People Walk for Water.Water walkers and other Indigenous elders were honored with blankets at the Minnesota State Capitol at the end of the Treaty People Walk for Water on August 25.Treaty People Walk for Water organizer Joe Morales (Yaqui) embraces fellow water protectors at the conclusion of the 259-mile walk.Medicine Wheel banner depicting Ojibwe sacred foods—wild rice, strawberries and blueberries—at the Minnesota State Capitol after the Treaty People Walk for Water on August 25.
On July 9, security guards shot a 24-year-old man on the premises of forestry company Forestal Mininco in the city of Carahue in Chile’s Araucanía region in what the Chilean media described at the time as an “armed confrontation.”
Pablo Marchant Gutiérrez, a Chilean anthropology student who had joined the indigenous Mapuche people’s struggle for autonomy and recuperation of ancestral lands, was found dead after what appeared to be an execution.
Marchant’s killing is the latest incident in the conflict between Mapuche communities and Forestal Mininco, which has been accused of human-rights abuses during violent land evictions in Wallmapu. That is the Indigenous name of the Mapuche people’s ancestral home, which encompasses the southern cone of South America that is divided between the modern states of Chile and Argentina. Because Mapuche culture is tied to the land, its medicinal plants, as well as geographical elements such as lakes, rivers and forests, denying the Mapuche people the right to live there is tantamount to genocide, per the United Nations’ definition.
However, between former U.S.-backed dictator Augusto Pinochet’s terror laws being used to criminalize Mapuche elders and activists, the United States and the United Kingdom arming Chile’s security forces, and the failure of international agencies to treat the Mapuche conflict with urgency, the West appears complicit in the genocide of the Mapuche people.
Questioning Authorities
Not satisfied with the official accounts of events, Marchant’s family requested forensic investigations, from which a sinister picture emerged of what had happened on Forestal Mininco’s premises.
Pablo Marchant Gutiérrez with his mother, Myriam Gutiérrez / credit: Myriam Gutiérrez
The investigation found Marchant was shot in the back, contradicting the police’s account that Marchant had threatened officers with a M16 assault rifle. The report stated he was killed “on his knees” with his head inclined towards the floor, and that his injuries were consistent with that of an execution.
Neither the police nor prosecution services informed Myriam Gutiérrez, Marchant’s mother, of her son’s death. Instead, the Mapuche community relayed the news. Afterward, Legal Services of Temuco—another city in the Araucanía region—called Gutiérrez, saying she needed to be present at the autopsy. However, when Gutiérrez arrived, she wasn’t allowed in the facility.
“To this day, five months on, there has been no form of justice against those who have protected my son’s murderers,” Gutiérrez told Toward Freedom. “I must also point out that these cases are never resolved because the state does not recognize these [recuperation] acts as legitimate—instead, they qualify them as ‘terrorist actions.’”
Toward Freedom contacted Forestal Mininco, the Chilean consulate in London, and Chile’s Interior and Security Ministry, but they did not respond as of press time.
Not long after Marchant’s death, President Sebastian Piñera announced on October 12 a state of emergency in response to escalating tension in the southern regions of the Andean country. Over 1,000 troops are deployed in the Araucanía region, armed with drones, tanks and anti-riot weaponry. The central Chilean region is known for its virgin forests.
Less than a month into the military occupation, security forces opened fire at a roadblock, killing one Indigenous man and injuring several others, including a 9-year-old girl.
Despite the frequency and severity of the violence, political persecution and racism Mapuche communities face have failed to prompt an appropriate response from international agencies. Free from international intervention, Chilean security forces have been able to kill, evict and arrest Mapuche people with complete impunity, all with an eye to protect the interests of industries operating out of contested Indigenous land. This comes despite Chile being a signatory to the 1989 Indigenous and Tribal Peoples Convention of the International Labour Organization (ILO Convention 169) and the United Nations Declaration on the Rights of Indigenous Peoples. Chile is the only Latin American country that does not recognize the existence of Indigenous peoples in its constitution.
“What the state is doing is colonial domination against the Mapuche people via a repressive genocidal political agenda, in turn denying their right to exist as an autonomous Mapuche nation,” Gutiérrez said. “Pablo knew and understood that people were being repressed and that they had been banished from their land in a brutal and repressive manner.”
Subsidizing Corporations
Chile currently holds the largest planted area of Pinus radiata, or Monterey pine trees, in the world. These fast-growing, medium-density softwood trees are known for their versatile uses, ranging from constructing homes, cabinets, boats and furniture to acting as a noise buffer in residential areas.
The Mininco and Arauco forestry companies own over 2 million hectares (4.94 million acres) of forest and supply 400 different products in approximately 80 countries, including wood chips for paper pulp production.
The forestry sector’s success can be attributed to state subsidies and land grabs facilitated during Augusto Pinochet’s time as the U.S.-backed dictator following the 1973 coup. Pinochet’s extractivist policies ensured more than $800 million in Chilean tax money funded the sector. Large swathes of land previously belonging to the Mapuche people, peasant farmers and state-owned agencies, such as CORFO (Chile’s economic development agency), were seized and handed to Pinochet’s inner circle, including Julio Ponce Lerou, his son-in-law.
“Though most political parties recognize that the conflict with Mapuche people is political and not military, they continue to ignore demands for restitution of their lands, autonomy and self-determination,” Mariqueo said.
Lago Conguillio in 2017 in Chile’s Araucanía region, known for its virgin forests / credit: Flickr/Sarah and Iain
Western Complicity
The military occupation of Araucanía would not be possible without the support of the international arms industry. Multiple human-rights NGOs, such as Amnesty International and Human Rights Watch, decrying human-rights abuses that took place during the 2019-20 social unrest dubbed “El Estallido.” Yet, countries such as the United States and the United Kingdom have continued to supply arms to Chile, whose military expenditure is one of the highest in the world, making up around 1.9 per cent of GDP.
In February, the Biden administration’s first foreign arms sale was to Chile. The $85 million package included:
16 SM-2 block IIIA rail-launched missiles,
two MK 89 Mod 0 guidance section adapters,
one target-detection device kit,
Mod 14 naval guns systems, and
associated training and supplies.
The UK also has armed Chile’s repressive military forces. A Freedom of Information request by British newspaper Byline Times found 50 percent of the £164 million ($217 million USD) worth of arms licenses sold to Chile since 2008 had been granted during 2019-20. This included so-called “non-lethal” weapons, such as smoke canisters, tear gas and other riot-control agents. Those tools were turned on more than 500 Chilean people who lost sight in one or both eyes. A similar tactic had been deployed during the 2019-20 Yellow Vests uprisings in France.
Genocide for Profit
None of the Chilean government administrations since the 1989 transition to democracy have challenged the might of forestry companies in Araucanía.
Whether left-leaning like Michelle Bachelet or extreme-right like Sebastian Piñera, the conflict rages on to the detriment of Indigenous people. It was Bachelet who commissioned the FBI to investigate the existence among Mapuche activists of terror cells linked to guerrilla groups like the Revolutionary Armed Forces of Colombia (FARC) and Basque Fatherland and Liberty (ETA). And it was Bachelet who conceived special unit Comando Jungla, a special military force trained in the Colombian jungle to combat alleged terrorism and narcotics operations in Chile.
“The militarization of the region continues, giving carte blanche to commit all kinds of atrocities against those communities peacefully struggling for the right to live on ancestral land,” Mariqueo said.
Meanwhile, Gutiérrez said her son only sought to help defend Wallmapu.
“He wanted to be among, collaborate and live like a Mapuche.”
Carole Concha Bell is an Anglo-Chilean writer and Ph.D. student at King’s College London.
The practice of “thengapalli” has helped one forest in India.
Groups of 4 or 5 women have taken turns carrying wooden sticks to guard their community forest against theft and poaching. This practice has helped the once-devastated forest in the state of Odisha to regenerate.
“Nature is the source of identity, culture, language, tradition and livelihood for an Indigenous community and, thus, they have been protecting it,” said Archana Soreng, an Indigenous activist and researcher from Odisha. “Unlike how the contemporary development framework sees nature as a commercial entity.”
A new report more than 20 Asian Indigenous organizations have authored warns Western conservation models governments and organizations worldwide have adopted threaten the rights of Indigenous communities and local people.
Posang Dolma Sherpa said such spatial targets are simplistic and do not translate into actual progress.
“For many of the Indigenous peoples and local communities already safeguarding the planet’s natural resources and biodiversity without outside help, the catchphrase ‘30 by 30’ belies the many complex considerations required to ensure truly sustainable conservation,” said Sherpa, executive director of the Centre for Indigenous Peoples and Research and Development (CIPRED), based in Kathmandu, Nepal.
As an example, she explained that in Nepal, generations of Indigenous customary institutions and self-governance systems that contributed to sustainable management of biodiversity and ecosystem were ignored. Instead, new land and forest management processes were superimposed, causing injustices and marginalization that exacerbated the issues that were meant to be rectified.
“When countries gather in Kunming in April to finalize the post-2020 Biodiversity Framework, it is imperative that the draft targets are modified to explicitly recognize human rights-based approaches to conservation on a global scale,” she added.
Sherpa said this can be done by:
Changing Target 2 in the framework to include the appropriate territories of Indigenous Peoples and local communities and their right to Free, Prior and Informed Consent (FPIC);
changing Target 3 to include the appropriate territories of Indigenous peoples and local communities, the equitable governance of these territories and resources, and their appropriate legal recognition within the target;
including the “devolution of authority and broad-based alliances with Indigenous peoples and local communities” within the GBF’s enabling conditions, paragraph 17; and
ensuring a due diligence mechanism and an accountability process.
A view in Rachakonda in the Indian state of Telangana / credit: Sravan Kumar on Unsplash
Living In Constant Fear of Evictions
A huge gap exists in the recognition and legal status of tenure rights. Between 1.65 billion to 1.87 billion Indigenous peoples and local communities live in important biodiversity conservation areas globally, but legally own only 10 percent of the lands they customarily manage.
Sherpa said for the GBF to achieve its goals for a better and harmonious future, it must support and initiate drastic transformations that facilitate environmental and social justice. “Failing to uphold international standards of human rights or erect due diligence mechanisms to ensure human rights are being implemented will only enable the continuation of the same processes that are destroying the environment and causing human rights violations at the same time.”
A 2020 map of Indian states and neighboring countries, including Nepal / credit: Maps of India
Already, several communities have lost access to local, ecological and cultural resources, and have undergone trauma due to eviction. In many areas, their rights are still not recognized. Even when legal rights are afforded, such as India’s 2006 Forest Rights Act, many of these rights are subverted. During the 2020 lockdown, land belonging to tribes in the states of Telangana and Odisha were reportedly grabbed under the pretext of afforestation.
Neither the forest departments of the Indian government nor the Odisha state responded to this reporter, as of press time. The Indian Ministry of Tribal Affairs also did not reply.
Prudhviraj Rupavath, researcher with New Delhi-based data research agency Land Conflict Watch, who contributed to the report, said many Indian states have neglected to implement the Forest Rights Act. “Awaiting legal titles for their cultivating land, indigenous people are constantly living with the fear of evictions.” He added that though Indigenous communities help protect and restore forests, Indian state governments are prioritizing displacing people rather than securing tenure rights.
Aside from being an Indigenous activist and researcher, Soreng is a member of the UN Secretary General’s Youth Advisory Group on Climate Change. She said when an Indigenous community is displaced, they lose their identity, culture, language, and traditional knowledge and practices of forest conservation. That makes not only the humans, but the ecosystem, vulnerable to the climate crisis.
Soreng added Indigenous communities have been using twigs to brush teeth, and building dining plates, mats, chairs, and small tables using leaves.
A mountain in Deomali, Barakutni, in the Indian state of Odisha / credit: Mohan Vamsi on Unsplash
Moving Toward Collective Ownership
The increasing focus on commodity-driven development threatens one-quarter of Indigenous peoples’ land, according to the report.
“Due to a systemic lack of formal legal recognition, the lands customarily occupied and owned by Indigenous peoples and local communities are seen as ‘available’ or property of the government,” said Thomas Worsdell, editor of the report.
In India, several large areas are classified as wastelands although they customarily belong to tribal communities. This opens them to environmentally destructive industries and human rights abuses, he said.
“Examples are the coal sector in India and the fossil fuel industry, more broadly, agricultural expansion (e.g., palm oil), mining, renewable energy (hydroelectric dams and wind turbines) and even the carbon offsets market,” Worsdell told Toward Freedom. “These industries are expanding into the lands and territories of Indigenous peoples and local communities who do not have collective ownership.”
These threats on territories are often encouraged and even enabled by the state, he added. In Indonesia, the recent Omnibus bill was enacted to attract business investments, but weakened both environmental and human rights protections.
To prevent these threats, the report states governments should embrace human rights-based strategies, and recognize the land, forest, water, and territorial rights of Indigenous peoples and local communities.
Worsdell said supporting Indigenous and local movements is key to creating legal transformations at the national level that support capacity and funds. Capacity in this instance can include trainings, workshops, supporting knowledge sharing, participatory mapping, among other steps to ensure the human rights of Indigenous and local peoples are upheld.
Indigenous and local community organizations are already providing solutions for human rights-based approaches. They have proposed laws and amendments, created the frameworks for nationally recognized Indigenous institutions and agencies, and are conducting research that proves the environmental benefits of human rights-based conservation.
For example, the Tsumba and Nubriba Indigenous groups in Nepal renewed in 2012 the practice of a Shagya (non-violence) customary institution to protect nature, biodiversity and their cultures. This practice involves the establishment of a committee made up of representatives from 10 villages to ensure no killing, hunting, harvesting of wild honey, forest fires, flesh trading, trapping and sale of animals, and trading of domestic animals take place during various timeframes.
Worsdell said, however, this practice lacks legal recognition, which is often the case in many Asian countries, where the legal climate does not favor human rights-based approaches to conservation.
“Governments must first recognize Indigenous identities, bring an immediate end to criminalizing and killing of Indigenous peoples and local communities defending their lands, and put in place a national accountability and reparation mechanism for past and present human rights violations,” Worsdell explained.
He said Indigenous peoples must have a seat at the decision-making table as leaders instead of as symbolic representations. He added governments must endorse and commit to the ‘Land Rights Standard,’ a set of emerging best practices for recognizing Indigenous peoples’ and local communities’ land and resource rights in landscape restoration, management, conservation, climate action, and development projects.
A song created by groups of Indigenous people aptly captures the essence of the report:
“…Nature was taken from Indigenous people again and again, betrayed, they lost their forest wealth. We had knowledge of the forest then, why have we lost the knowledge now. Indigenous people lived with freedom in the forests, today we are oppressed by the ruling class. We used to have everything, Now, why have we lost what was ours…”
Deepa Padmanaban is a Bangalore, India-based freelance journalist, who writes about the environment, conservation and climate change. She can be followed on Twitter at @deepa_padma.
Book cover of Striking from the Margins (Saqi Books, 2021)
Editor’s Note: Toward Freedom uses “West Asia” to describe what is referred to as the “Middle East,” a term with colonial roots.
Striking from the Margins edited by Aziz Al-Azmeh, Nadia Al-Bagdadi, Harout Akdedian and Harith Hasan (London, United Kingdom: Saqi Books, 2021)
The tumultuous state of West Asia has been a contentious topic within many academic and social circles for centuries. Over the past half-century many academics, politicians and strategists have put forth initiatives, programs and policies focused on reconstructing the region.
For far too long, Western countries have seen West Asia as an underdeveloped expanse of land and resources controlled and governed through antiquated religious and social policies. What separates Striking from the Margins from other discourses on the region is its commitment to addressing the misconceptions that often keep people from understanding the relationship between West Asian countries and the Western ones that occupy and use their territory mostly for economic benefits.
Book cover of Striking from the Margins (Saqi Books, 2021)
The Disconnect Between East and West
One of the reasons such a disconnect exists between those living in West Asia and the Western countries, whose tax dollars finance the implementation of interventionist policies, is due to a lack of understanding regarding West Asian governance. While the United States’ two-party system is imperfect, it offers an often-predictable outcome that effectively reinforces the country’s status quo as a leading economic power across the globe. On the other hand, many countries in West Asia face a more challenging set of circumstances to develop their economies. For example, in the early 2000s Iraqi President Saddam Hussein’s government was not only dealing with warring Shi’i and Sunni factions seeking power within Iraq, but also Islamists and U.S. troops fighting to control the region. Research done by Greek political scientist Stathis Kalyvas shows a combination of sectarian conflict along with “a short war between U.S. troops and Shi’i militias” led to Iraq experiencing “a collapse of state capacity.” (pg. 37) Such a collapse has continued to make it difficult for the country to rebuild and develop. This book effectively outlines the circumstances that have kept certain West Asian countries from modernizing.
Striking from the Margins is not a dissertation that seeks to “fix” the region. Instead, the authors push for a reconceptualization along with reasonable policy changes that would be more economically beneficial to those regions. Understanding the type of social, religious and economic pressures West Asian countries face is pivotal to building stronger and more equitable partnerships between those countries and Western ones. In the book, two of the authors, Aziz Al-Azmeh and Nadia Al-Bagdadi, effectively highlight the hypocrisy of interventionism, along with its role in destabilizing West Asia. They offer a diligent overview of state formation in the region.
In writing that “the modern state in the Mashreq arose from the needs of internal reform arising in response to global, arguably colonial pressures from outside and from internal processes of modernization, starting with the Ottoman reforms of the 19th century” (pg. 8), the authors offer a concise historical context regarding state formation in the region. But when they go on to state that “the most artificial state” and yet the strongest in West Asia is Israel (pg. 8), the blatant contradiction between regional support and global impact becomes evident. On one hand, powerful states in the region historically gained their legitimacy through a combination of regional support, resource management and tribal warfare. However, the most powerful country in the region, Israel, is not supported by neighboring countries like Egypt, Syria and Lebanon. It instead maintains legitimacy through a “client state” relationship with the United States. Thus, Israel possesses an imbalanced stronghold over the region when it comes to warfare. When discussing West Asia and the constant demands for reform in the region, it is important to explore the role Israel and the United States have played in maintaining the economic status quo.
Religious Fundamentalism and Global Capitalism
In lieu of adequate research most people tend to assume that religious fundamentalism is the leading factor stifling the development of West Asian countries. However, research suggests economic inequalities are the leading cause of instability in the region. Kalyvas writes “$1,000 less in per capita income is associated with 41 percent greater annual odds of civil war onset, on average.” (pg. 30) The Gulf Cooperation Council consists of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. Together, they represent a regional, intergovernmental, political and economic union designed to integrate multiple economies and bolster infrastructure across member countries. The issue is such integration comes at a significant cost for the “migrant workers [who] have been fundamental to patterns of urban growth and capital accumulation in the Gulf.” (pg. 57) Hanieh explains “a large number of temporary migrant workers… from South Asia and, to a lesser degree, the Arab world… make up more than half of the Gulf’s total population of 56 million.” (pg. 57) Even though these workers account for more than 59 percent of the labor force within the Gulf, they have been denied labor, political and civil rights. Much of the political and economic capital used to support growth across the region is not helping the people who need it the most.
In closing, several competing entities influence the economic, social and political infrastructure of West Asia. The most important are the countries in the region, specifically those that make up the Gulf Cooperation Council, as well as non-member countries like the United States, who have a vested interest in the maintenance and development of certain programs and countries in the region. The value of Striking from the Margins is its subtle refusal to put forth a heavy-handed, neoliberal proposal on how to “reform” West Asia. Instead, it offers proper context for readers to take a step back, thoughtfully assess the situation and envision new ways to embark on such a difficult development process.
Timothy Harun is a writer and actor based in Los Angeles. He holds a B.A. in journalism from Hampton University.
