Meet Toward Freedom’s Summer 2022 Claudia Jones Editorial Intern

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.

This report, “Reconciling Conservation and Global Biodiversity Goals with Community Land Rights in Asia,” comes ahead of the United Nations Biodiversity Conference. To be held next month in Kunming, China, the conference is expected to adopt the Post-2020 Global Biodiversity Conservation Framework (GBF), which includes placing under protection 30 percent of the world’s land and water by 2030.

Why Isn’t ‘30 By 30’ Enough?

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:

1. 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);
2. 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;
3. including the “devolution of authority and broad-based alliances with Indigenous peoples and local communities” within the GBF’s enabling conditions, paragraph 17; and
4. ensuring a due diligence mechanism and an accountability process.

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.”

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.

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.

‘Why Have We Lost What Was Ours?’

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.

MOCOA, Colombia—“We are experiencing a profound crisis, not only in the Amazon, but throughout [the world],” said Campo Elías de la Cruz, a Catholic priest and environmental activist. “Over three centuries, the umbilical cord of Mother Earth has been cut.”

De la Cruz, who opposes the extraction of minerals in Colombia’s Putumayo Department, referred to thousands of rubber trees that had been cut down, along with 70,000 Indigenous people who died in the western Amazon during the extraction of rubber, timber, oil and quinine (a substance used to prevent malaria). “And today,” de la Cruz told Toward Freedom, “in the 21st century, they tell us they are taking the copper from Mother Earth.” The priest remarked on contemporary plans to explore and mine for copper and molybdenum to feed “clean energy” technologies in what could be one of the largest deposits of these minerals on the continent and in the world.

In this richly biodiverse region, where the cool mountains of the Andes meet the steamy Amazon rainforest, opinions are divided and emotions fume over the environmental and social costs of housing a “green” mining project. It is here where the Caquetá and Putumayo rivers originate, both major tributaries of the Amazon River. Any alteration of the natural state of this area is likely to impact the entire Amazon rainforest, often referred to as the “lungs” of the Earth, for absorbing carbon dioxide and releasing life-giving oxygen into the atmosphere.

All this is why a Canadian mining company appearing to move forward on exploring mining possibilities in Putumayo has raised questions about a progressive government that won power by promising environmental protection.

‘Clean Energy’ Promises

In 2018, the Canadian multinational company Libero Copper and Gold acquired four mining titles to explore and extract minerals, such as copper and molybdenum, in more than 11,000 hectares (27,000 acres) in Mocoa, the capital of the department of Putumayo in southern Colombia.

The proposal to extract copper and molybdenum has been framed by proponents as a “green” project that can help transition Colombia to using renewable energy and replace polluting fossil fuels, the use of which has been found to cause climate change. This proposal aligns with the policy of the progressive government of Colombian President Gustavo Petro, who took power last year. During his campaign, he vowed to stop issuing oil and gas exploration licenses and has recently advocated for the exploration of crucial minerals in the country to develop renewable energy as a climate change solution.

Libero Copper and Gold has gained support among locals—most of whom work with the company—because of the jobs and development it promises for a region that lacks access to basic services such as an adequate health system and a reliable water supply. However, the region’s history with oil extraction produced no benefits for the people, either, according to José Luis Lopez, a researcher at the Observatory of Environmental Conflicts at the National University of Colombia, in an interview with Toward Freedom.

“Currently, 46 percent of the economy of Putumayo depends on oil exploitation. Yet, between 2008 and 2016, formal employment only reached 26 percent,” Lopez said, citing a study carried out by Fedesarrollo for Ecopetrol, the largest oil company in the country.

In an effort to show how “green” this project is, Libero Copper and Gold created an alliance with the National University of Colombia in Medellin as part of their “Green Route” strategy. This alliance aims to create the first copper production chain in the country for the development of electric motors and generators. However, Congress members denounced the project because of conflicts of interests that led Vice-Minister of Mines and Energy Giovanny Franco Sepulveda to resign early this year.

According to Lopez, Libero Copper and Gold’s discourse lacks consistency. “First, they told us this could be the biggest mine in the world. Later, they focused on a strategy based on social responsibility and environmental sustainability. And, now, they present a plan to extract copper in small quantities.”

Libero Copper and Gold reported the reserves contain 4.6 billion pounds (2 million tons) of copper and 510.5 million pounds (232 kilotons) of molybdenum, exceeding the amount contained in the biggest mines in the world.

Beyond the environmental consequences, local people also worry this mining project could cause an environmental disaster similar to the one that took place in Mocoa in 2017, when intense rain led to a mudslide that caused the deaths of more than 300 people. Although the 2017 disaster was linked to the movement of Earth in a different area to where Libero Copper operates, geologists have confirmed that the mountain where the mining titles are located also contain highly fractured rocks and, therefore, are more susceptible to landslides.

“Energy transition should not under any circumstances put at risk the water supply of such an important region,” Lopez said. “If we affect the area where the water originates, and you also take into account the production of heavy metal residues, we are putting at risk communities whose survival depends on the rivers.”

Does Clean Energy Protect the Environment and Indigenous Territories?

In April, Petro opened his speech in front of the Organization of American States (OAS) by talking about Latin America’s strategic importance in producing critical minerals for the “clean energy” transition. According to the International Energy Agency, the area from Mexico in the north to Chile in the south accounts for 40 percent of global copper production and 35 percent of the world’s lithium. Yet, the reserves remain underdeveloped, which for some means a great potential exists to increase production––not only of these two materials––but also of others essential to the transition away from fossil fuels. Those can include nickel and rare earth elements, among others.

Despite a growing consensus on the importance of reducing carbon emissions, questions have arisen over who should bear the environmental and social costs of extracting resources essential to this transition. Indigenous and peasant communities in Colombia worry copper mining will affect their livelihoods and even force them to abandon their territories.

“I feel so much pain to see that a company like Libero Copper and Gold is coming to destroy the most precious thing we have, water,” said Rufina Valencia, an elderly peasant woman who arrived in the village––where Libero Copper and Gold operates––when she was a child. It was this land that helped her and her husband, who worked in the water company, raise their kids, she said. “[Water] is the heart of our community, our Putumayo region, and the world. Because Putumayo is the lung of the world.”

Petro’s victory during last year’s presidential elections was due to the overwhelming support of Indigenous and peasant communities, who saw Petro and Vice President Francia Márquez as allies in their struggle to defend land rights and protect their territories. This support, however, could come under scrutiny if mining interferes with their way of life.

“In different parts of the country, it has been proven how mining results in a loss of sovereignty over the lands of communities and loss over food sovereignty, as people abandoned agricultural practices to work in the mines,” explained Carlos Duarte, Coordinator of Rural Development and Land-Use Planning at Javeriana University in the capital of Bogotá, in an interview with Toward Freedom.

In this sense, Petro’s government could find itself in a tough spot as his plans to increase Colombia’s share in critical materials for a transition away from fossil fuels and toward a more independent Colombia could eclipse the interests of Indigenous and peasant communities.

Controversy Within the Government

So far, neither Petro nor Márquez have released a public statement about the copper and molybdenum mining project in Mocoa.

Although Márquez does not have political functions related to the mining sector, she is expected to be vocal on mining issues, explains Duarte. “Márquez has stated during her campaign––and as Vice President––her conviction that mining, as it is currently implemented, is not feasible,” he said. Toward Freedom contacted Márquez’s office, requesting a statement on this matter, but did not receive a response. “She has been part of this struggle her whole life and will probably not disassociate from this matter,” Duarte added.

However, the neoliberal extractivist policies implemented by governments of the first left-wing wave that engaged a socio-ecological discourse ––as was the case of Ecuadorian President Rafael Correa ––show how these contradictory approaches have coexisted in the region.

According to Duarte, the Petro-Márquez government’s efforts to conserve the environment are obvious with the signing of the Escazú Agreement that aims to protect the environment and the lives of environmental activists. Although the agreement was signed in 2018, it was only until late last year that Colombia ratified it. The question remains of how the pair will move on the mining question. “Will they favor environmental protection or will they take an extractivist approach to satisfy the global demand for these resources?” Duarte asked.

For now, the Colombian government is revising the existing mining code—which many hope will toughen regulations and protect the environment. The Petro-Márquez administration has approved the National Development Plan 2022-26, in which the protection of water is one of the three central elements of territorial planning and its development strategy. A fact that Lopez also associates with the government’s willingness to protect the environment.

“The energy transition has an enormous demand for strategic minerals. At the global level, that means extraction frontiers are under pressure,” said Minister of Mines and Energy Irene Vélez when visiting Indigenous and local communities in March in Mocoa. “But this government is not going to generate a copper rush that will leave social and environmental destruction.”

On various occasions, the National Mining Agency (or ANM in Spanish) has stated that the company cannot conduct any exploration or exploitation activities due to the 020 Regional Accord prohibiting medium and large-scale mining in Mocoa. However, the company has violated this accord by carrying out exploration activities. Such violations are verifiable on the company’s website, where they report on their activities. On this matter, the ANM is conducting an investigation but so far has not presented its findings.

In response to Toward Freedom‘s inquiry regarding the investigation, the agency said the process is still underway. However, this exceeds the time limit set forth in Article 288 of the Mining Code.

For now, Libero Copper and Gold continues operating in the territory and the people refuse to relent.

“I will not sell my land because I don’t want future generations to say they were left in a desert, impossible to survive because of my decision,” said Valencia, who has lived in Putumayo since childhood. “But if that project continues, we worry we will be forced to sell when the water is contaminated.”

The video above was first published by Mongabay.