Indigenous peoples rush to stop ‘false climate solutions’ ahead of next international climate meeting

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Monday, April 22, 2024

This story is published as part of the Global Indigenous Affairs Desk, an Indigenous-led collaboration between Grist, High Country News, ICT, Mongabay, Native News Online, and APTN. For more than 20 years, Tom Goldtooth has listened to conversations about the negative impacts fossil fuels and carbon markets have on Indigenous peoples. On Wednesday, Goldtooth and the Indigenous Environmental Network, or IEN, called for a permanent end to carbon markets. Beyond being an ineffective tool for mitigating climate change, the organization argues; they harm, exploit, and divide Native communities around the world.  The recommendation was delivered to a crowd of Indigenous activists, policymakers, and leaders at the UN Permanent Forum on Indigenous Issues, or UNPFII, and is the most comprehensive moratorium on the issue the panel has ever heard. If adopted, the position would pressure other United Nations agencies — like the U.N. Framework Convention on Climate Change, or UNFCCC — to take a similar stance. The heightened urgency stems from the COP29 gathering planned later this year, when provisions in the 2015 Paris Climate Agreement on carbon market structures are expected to be finalized.  “We are long overdue for a moratorium on false climate solutions like carbon markets,” said Goldtooth, who is Diné and Dakota and executive director of IEN. “It’s a life and death situation with our people related to the mitigation solutions that are being negotiated, especially under Article 6 of the Paris Agreement. Article 6 is all about carbon markets, which is a smokescreen, which is a loophole [that keeps] fossil fuel polluters from agreeing to phase out carbon.” Tom Goldtooth delivers a speech during the “The vision of indigenous peoples to climate change” event in December 2015. Dominique Faget / AFP via Getty Images The Network’s language on “false climate solutions” is intentional. Tamra Gilbertson, the organization’s climate justice program coordinator and researcher, said a false climate solution is anything that looks like a tool for reducing emissions or fighting climate change but allows extractive companies to continue profiting from the fossil fuels driving the crisis.  “Carbon markets have been set up by the polluting industries,” Gilbertson said. “The premise of carbon markets as a good mitigation outcome or a good mitigation program for the UNFCCC is in and of itself a flawed concept. And we know that because of who’s put it together.” The carbon market moratorium the Network called for would end carbon dioxide removal projects like carbon capture and storage; forest, soil, and ocean offsets; nature-based solutions; debt-for-nature swaps; biodiversity offsets, and other geoengineering technologies.  This year’s moratorium recommendation builds on a similar proposal the IEN offered at last year’s Forum, when it called for a stop to carbon markets until Indigenous communities could “thoroughly investigate the impacts and make appropriate demands.” That call led to an international meeting in January, where Native experts discussed the impacts a green economy has and would have on their communities. Ultimately, the participants produced a report detailing how green economy projects and initiatives can create a new way to colonize Indigenous Peoples’ lands and territories.  Darío José Mejía Montalvo, of the Zenú tribe in Colombia, participated in the January meeting and has chaired a previous UNPFII. He highlighted the report during a UN session last week.  “The transition towards a green economy [keeps] starting from the same extractivist-based logic that prioritizes the private sector, which is guided by national economic interests of multinationals, which ignores the fights of Indigenous people, the fight against climate change, and the fight against poverty,” Montalvo said, according to a UN translation of a speech he delivered in Spanish.  Dario Jose Mejia Montalvo speaks during an interview with AFP at the Amazon Dialogues Seminar on August 6, 2023. Evaristo Sa / AFP via Getty Images Goldtooth and Gilbertson say that, while the January report established wider consensus around the negative impacts of the green economy, the IEN felt that the report’s recommendations were unclear and did not go far enough to discourage the growth of carbon markets – which is why the organization is calling for a permanent moratorium.  “We have to do everything that we can from every direction we possibly can in this climate emergency that we’re in, because we don’t have a lot more time,” Gilbertson said. If carbon markets are enshrined in Article 6 of the Paris Agreement as they are currently written and become a more powerful international network, “we are in a whole new era of linked-up global carbon markets like we’ve never seen before. And then we’re stuck with it.” Under the Paris Agreement, countries submit plans detailing how they will reduce emissions or increase carbon sequestration. Article 6 provides pathways for nations to cooperate on a voluntary basis and trade emissions to achieve their climate goals. More specifically, paragraph 6.4 would create a centralized market and lead to large-scale implementation of emission reductions trading. The nuances of these structures and how carbon markets are presented in Article 6 has far-reaching impacts: A report released in November by the International Emissions Trading Association, or IETA, showed that 80 percent of all countries indicate they will or would use carbon markets to meet their climate goals. In its current form, carbon offset projects as described in Article 6 of the Paris Agreement would further threaten Indigenous land tenure and access to resources. If finalized in November, pilot projects are expected to start as soon as January 2025.  At this year’s Forum, organizations like the United Nations Development Program, Climate Focus, Forests Peoples Programme, and Rainforest US discussed new initiatives to protect Indigenous peoples’ rights within a carbon market. In particular, there’s increased attention on policies that would more effectively incorporate free, prior, and informed consent, or FPIC, into carbon offset operations. But Kimaren Riamit, executive director of ILEPA-Kenya, an Indigenous-led nonprofit, said the foundation that must be established even before FPIC is better recognized Indigenous self-determination – agency for tribes to decide for themselves if they want to engage in carbon market projects at all.  “FPIC without enablers of self determination is useless because what do you give consent over when your land rights are not there? What do you give consent of if you are not part of the decision governance arrangement?” said Riamit, who is of the Maasai tribe in Kenya. Enablers of self-determination include protections for Indigenous land sovereignty and land tenure security. Riamit says that, in carbon market projects, free, prior, and informed consent has become a strategic tool and a confusing exercise in disseminating information rather than a way of  obtaining meaningful consent from tribes. There must be a deliberate and full disclosure to tribes of what they are agreeing to when engaging in a carbon market project, and time for them to digest the information, consult internally, provide feedback, and – critically – “be able to say no.”  It’s notable to Riamit that carbon offset companies don’t advocate strongly, if at all, for improved self-determination of the Indigenous communities they work with.  “They don’t sharpen a knife to slaughter themselves,” he said.  This story was originally published by Grist with the headline Indigenous peoples rush to stop ‘false climate solutions’ ahead of next international climate meeting on Apr 22, 2024.

COP29 could make carbon markets permanent. Indigenous leaders are calling for a moratorium before it's too late.

This story is published as part of the Global Indigenous Affairs Desk, an Indigenous-led collaboration between Grist, High Country News, ICT, Mongabay, Native News Online, and APTN.

For more than 20 years, Tom Goldtooth has listened to conversations about the negative impacts fossil fuels and carbon markets have on Indigenous peoples. On Wednesday, Goldtooth and the Indigenous Environmental Network, or IEN, called for a permanent end to carbon markets. Beyond being an ineffective tool for mitigating climate change, the organization argues; they harm, exploit, and divide Native communities around the world. 

The recommendation was delivered to a crowd of Indigenous activists, policymakers, and leaders at the UN Permanent Forum on Indigenous Issues, or UNPFII, and is the most comprehensive moratorium on the issue the panel has ever heard. If adopted, the position would pressure other United Nations agencies — like the U.N. Framework Convention on Climate Change, or UNFCCC — to take a similar stance. The heightened urgency stems from the COP29 gathering planned later this year, when provisions in the 2015 Paris Climate Agreement on carbon market structures are expected to be finalized. 

“We are long overdue for a moratorium on false climate solutions like carbon markets,” said Goldtooth, who is Diné and Dakota and executive director of IEN. “It’s a life and death situation with our people related to the mitigation solutions that are being negotiated, especially under Article 6 of the Paris Agreement. Article 6 is all about carbon markets, which is a smokescreen, which is a loophole [that keeps] fossil fuel polluters from agreeing to phase out carbon.”

A man in a red shirt speaks into a microphone
Tom Goldtooth delivers a speech during the “The vision of indigenous peoples to climate change” event in December 2015. Dominique Faget / AFP via Getty Images

The Network’s language on “false climate solutions” is intentional. Tamra Gilbertson, the organization’s climate justice program coordinator and researcher, said a false climate solution is anything that looks like a tool for reducing emissions or fighting climate change but allows extractive companies to continue profiting from the fossil fuels driving the crisis. 

“Carbon markets have been set up by the polluting industries,” Gilbertson said. “The premise of carbon markets as a good mitigation outcome or a good mitigation program for the UNFCCC is in and of itself a flawed concept. And we know that because of who’s put it together.”

The carbon market moratorium the Network called for would end carbon dioxide removal projects like carbon capture and storage; forest, soil, and ocean offsets; nature-based solutions; debt-for-nature swaps; biodiversity offsets, and other geoengineering technologies. 

This year’s moratorium recommendation builds on a similar proposal the IEN offered at last year’s Forum, when it called for a stop to carbon markets until Indigenous communities could “thoroughly investigate the impacts and make appropriate demands.” That call led to an international meeting in January, where Native experts discussed the impacts a green economy has and would have on their communities. Ultimately, the participants produced a report detailing how green economy projects and initiatives can create a new way to colonize Indigenous Peoples’ lands and territories. 

Darío José Mejía Montalvo, of the Zenú tribe in Colombia, participated in the January meeting and has chaired a previous UNPFII. He highlighted the report during a UN session last week. 

“The transition towards a green economy [keeps] starting from the same extractivist-based logic that prioritizes the private sector, which is guided by national economic interests of multinationals, which ignores the fights of Indigenous people, the fight against climate change, and the fight against poverty,” Montalvo said, according to a UN translation of a speech he delivered in Spanish. 

A man in a woven speaks in front of a blurred green background
Dario Jose Mejia Montalvo speaks during an interview with AFP at the Amazon Dialogues Seminar on August 6, 2023. Evaristo Sa / AFP via Getty Images

Goldtooth and Gilbertson say that, while the January report established wider consensus around the negative impacts of the green economy, the IEN felt that the report’s recommendations were unclear and did not go far enough to discourage the growth of carbon markets – which is why the organization is calling for a permanent moratorium. 

“We have to do everything that we can from every direction we possibly can in this climate emergency that we’re in, because we don’t have a lot more time,” Gilbertson said. If carbon markets are enshrined in Article 6 of the Paris Agreement as they are currently written and become a more powerful international network, “we are in a whole new era of linked-up global carbon markets like we’ve never seen before. And then we’re stuck with it.”

Under the Paris Agreement, countries submit plans detailing how they will reduce emissions or increase carbon sequestration. Article 6 provides pathways for nations to cooperate on a voluntary basis and trade emissions to achieve their climate goals. More specifically, paragraph 6.4 would create a centralized market and lead to large-scale implementation of emission reductions trading. The nuances of these structures and how carbon markets are presented in Article 6 has far-reaching impacts: A report released in November by the International Emissions Trading Association, or IETA, showed that 80 percent of all countries indicate they will or would use carbon markets to meet their climate goals.

In its current form, carbon offset projects as described in Article 6 of the Paris Agreement would further threaten Indigenous land tenure and access to resources. If finalized in November, pilot projects are expected to start as soon as January 2025. 

At this year’s Forum, organizations like the United Nations Development Program, Climate Focus, Forests Peoples Programme, and Rainforest US discussed new initiatives to protect Indigenous peoples’ rights within a carbon market. In particular, there’s increased attention on policies that would more effectively incorporate free, prior, and informed consent, or FPIC, into carbon offset operations. But Kimaren Riamit, executive director of ILEPA-Kenya, an Indigenous-led nonprofit, said the foundation that must be established even before FPIC is better recognized Indigenous self-determination – agency for tribes to decide for themselves if they want to engage in carbon market projects at all. 

“FPIC without enablers of self determination is useless because what do you give consent over when your land rights are not there? What do you give consent of if you are not part of the decision governance arrangement?” said Riamit, who is of the Maasai tribe in Kenya. Enablers of self-determination include protections for Indigenous land sovereignty and land tenure security.

Riamit says that, in carbon market projects, free, prior, and informed consent has become a strategic tool and a confusing exercise in disseminating information rather than a way of  obtaining meaningful consent from tribes. There must be a deliberate and full disclosure to tribes of what they are agreeing to when engaging in a carbon market project, and time for them to digest the information, consult internally, provide feedback, and – critically – “be able to say no.” 

It’s notable to Riamit that carbon offset companies don’t advocate strongly, if at all, for improved self-determination of the Indigenous communities they work with. 

“They don’t sharpen a knife to slaughter themselves,” he said. 

This story was originally published by Grist with the headline Indigenous peoples rush to stop ‘false climate solutions’ ahead of next international climate meeting on Apr 22, 2024.

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In Canada, Indigenous advocates argue that mining companies violate the rights of nature

Tribunal judges found the industry guilty of “ongoing ecocide.”

In Western legal systems, arguments against pollution or the destruction of the environment tend to focus exclusively on people: It’s wrong to contaminate a river, for example, because certain humans depend on the river for drinking water. But what if the river had an inherent right to be protected from pollution, regardless of its utility to humans? This is the idea that drives the “rights of nature” movement, a global campaign to recognize the intrinsic value of nonhuman nature — not just rivers, but also trees, mountains, animals, ecosystems — by granting it legal rights. Many Indigenous worldviews already recognize these rights. The question for many in the movement, however, is how to bring the rights of nature into the courtroom. Enter the International Rights of Nature Tribunal, a recurring gathering of Indigenous and environmental advocates who present arguments regarding alleged violations of the rights of nature and Indigenous peoples. Given international law’s broad failure to recognize the rights of nature, the events provide a model showing what this type of jurisprudence could look like.  At the sixth tribunal in Toronto late last month, a panel of nine judges heard cases against Canadian mining companies, ultimately ruling that they had violated “collective rights, Indigenous rights, and rights of nature.” “Today’s testimonies have emphasized the age-old stories of greed, colonization, … and the ongoing ecocide caused by the extractive industries,” said Casey Camp-Horinek, an elder of the Ponca Nation of Oklahoma and one of the tribunal’s judges. She and the other judges called for the ratification of a United Nations treaty on business and human rights, a report from U.N. experts on critical minerals and Indigenous peoples’ rights, and further consideration of mining’s impacts at the U.N. Permanent Forum on Indigenous Issues.  Those recommendations and the verdict against the mining companies are set to be presented later this year at COP30 in Brazil — the United Nations’ annual climate change conference — where the tribunal judges hope their findings will pressure countries to develop legal protections for nature and Indigenous peoples. Mining was selected as the theme of this tribunal because of the damage that resource extraction can cause to people and ecosystems, even though the sector is necessary for addressing climate change. Minerals like lithium and copper are needed in large quantities for electric vehicle batteries, solar panels, and other renewable technologies to replace fossil fuels. A previous session of the tribunal, held in New York City last September, focused on oil and gas infrastructure.  Canadian companies were singled out because of their prominence in the global mining sector. According to a recent report by the nonprofit MiningWatch Canada, the country is home to more than 1,300 mining and exploration companies, 730 of which operate overseas. About half the world’s public mining companies are listed on Canadian stock exchanges. The tribunal was also meant to contrast with this week’s annual conference of the Prospectors and Developers Association of Canada, which featured climate change and Indigenous issues in a way that speakers described as opportunistic — by now a familiar criticism.  James Yap, the tribunal’s prosecutor and acting director of an international human rights program at the University of Toronto, called out one particular event titled “Caliente Caliente Ooh Aah: Latin American Mining Is Heating Up!,” which invited attendees to “dance to the Latin beat through the various regulatory issues affecting the region.”  Neither the law firm that organized the Latin American mining event nor the Prospectors and Developers Association of Canada responded to Grist’s requests for comment. Jérémie Gilbert, a professor of social and ecological justice at the University of Southampton in the United Kingdom, applauded the tribunal for building an evidence base of the alleged human rights and nature’s rights violations by transnational mining companies. His research has highlighted how most international law treats nature as a resource to be owned or exploited instead of having value in its own right. Legal protections that include Indigenous knowledge and the rights of nature have already been implemented in several countries — most famously in Ecuador, which in its rewritten 2008 constitution acknowledged the rights of Mother Earth, or Pacha Mama, to the “maintenance and regeneration of its life cycles, structure, functions, and evolutionary processes.”  “What’s required for the rights of nature is a pen and then enforceability,” said Dov Korff-Korn, the legal director of Sacred Defense Fund, an Indigenous environmental group based in Santa Fe, New Mexico. Korff-Korn said that giving rights to nonhuman entities like water, animals, and plants is already baked into how many tribes see the world, so using tribal laws and respecting sovereignty is a way forward.  “We’ve got some unique rights and laws that have unique expressions,” said Frank Bibeau, an enrolled member of the Minnesota Chippewa Tribe and a tribal attorney with the nonprofit Center for Democratic and Environmental Rights who has worked on cases that give rights to nonhuman relatives under Chippewa treaties.  One example came during the fight against the controversial Line 3 pipeline proposed by the oil and gas company Enbridge in Minnesota. Bibeau listed manoomin, Ojibwe for wild rice, as a plaintiff in a lawsuit against Minnesota’s Department of Natural Resources, arguing that the rice had rights to clean water and habitat that would be jeopardized by the pipeline and the oil spill risks it would bring. Bibeau said the lawsuit is an example of how many tribes see the rights inherent in nature. But since most settler courts don’t, he argues that Indigenous treaties are a useful way to help protect nonhuman relatives.  Other ways to develop legal protections could involve tribal courts. tribal courts. This year in Aotearoa, also known as New Zealand, the mountain Taranaki Maunga was recognized as a legal person because the Maori see it as an ancestor. The country also recognizes the rights of the Te Irewera Forest and the Whanganui River, so there is a developing global precedent for this sort of legal framework.  Protections like these could protect ecosystems in the examined cases of the tribunal, including in Brazil where a firm called Belo Sun has proposed the development of the country’s largest open-pit gold mine, and in regions affected by copper, silver, and other metals mining throughout Ecuador. One of the cases heard by tribunal judges related to a gold mine proposed in eastern Serbia by the Canadian company Dundee Precious Metals, and another centered on uranium mining within Canada.  In a presentation about heavy metals mining in Penco, Chile, Valerie Sepúlveda — president of a Chilean environmental nonprofit called Parque para Penco — criticized the Toronto-based Aclara Resources for opaque operations and a failure to engage with residents near its mines. “We must reevaluate what mining is really necessary and which is not,” she told the audience. One of the judges, in describing the 2015 release of millions of liters of cyanide solution from a gold mine in San Juan, Argentina, said mining companies are “sacrificing these towns so that Americans can have their Teslas.”  Another judge — Tzeporah Berman, international program director at the nonprofit Stand.earth — told attendees she was “horrified and embarrassed” by the practices of Canadian mining companies. “Canada must pursue human and environmental due diligence,” she added while delivering her verdict. “I hope that our recommendations will be used in future policy design and legal challenges.” This article originally appeared in Grist at https://grist.org/equity/in-canada-indigenous-advocates-argue-mining-companies-violate-the-rights-of-nature/. Grist is a nonprofit, independent media organization dedicated to telling stories of climate solutions and a just future. Learn more at Grist.org Read more about the environment

In Canada, Indigenous advocates argue mining companies violate the rights of nature

In Western legal systems, arguments against pollution or the destruction of the environment tend to focus exclusively on people: It’s wrong to contaminate a river, for example, because certain humans depend on the river for drinking water. But what if the river had an inherent right to be protected from pollution, regardless of its utility […]

In Western legal systems, arguments against pollution or the destruction of the environment tend to focus exclusively on people: It’s wrong to contaminate a river, for example, because certain humans depend on the river for drinking water. But what if the river had an inherent right to be protected from pollution, regardless of its utility to humans? This is the idea that drives the “rights of nature” movement, a global campaign to recognize the intrinsic value of nonhuman nature — not just rivers, but also trees, mountains, animals, ecosystems — by granting it legal rights. Many Indigenous worldviews already recognize these rights. The question for many in the movement, however, is how to bring the rights of nature into the courtroom. Enter the International Rights of Nature Tribunal, a recurring gathering of Indigenous and environmental advocates who present arguments regarding alleged violations of the rights of nature and Indigenous peoples. Given international law’s broad failure to recognize the rights of nature, the events provide a model showing what this type of jurisprudence could look like.  At the sixth tribunal in Toronto late last month, a panel of nine judges heard cases against Canadian mining companies, ultimately ruling that they had violated “collective rights, Indigenous rights, and rights of nature.” “Today’s testimonies have emphasized the age-old stories of greed, colonization, … and the ongoing ecocide caused by the extractive industries,” said Casey Camp-Horinek, an elder of the Ponca Nation of Oklahoma and one of the tribunal’s judges. She and the other judges called for the ratification of a United Nations treaty on business and human rights, a report from U.N. experts on critical minerals and Indigenous peoples’ rights, and further consideration of mining’s impacts at the U.N.’s Permanent Forum on Indigenous Issues.  Those recommendations and the verdict against the mining companies are set to be presented later this year at COP30 in Brazil — the United Nations’ annual climate change conference — where the tribunal judges hope their findings will pressure countries to develop legal protections for nature and Indigenous peoples. Mining was selected as the theme of this tribunal because of the damage that resource extraction can cause to people and ecosystems, even though the sector is necessary for addressing climate change. Minerals like lithium and copper are needed in large quantities for electric vehicle batteries, solar panels, and other renewable technologies to replace fossil fuels. A previous session of the tribunal, held in New York City last September, focused on oil and gas infrastructure.  Canadian companies were singled out because of their prominence in the global mining sector. According to a recent report by the nonprofit MiningWatch Canada, the country is home to more than 1,300 mining and exploration companies, 730 of which operate overseas. About half of the world’s public mining companies are listed on Canadian stock exchanges. Casey Camp-Horinek, International Rights of Nature tribunal judge and Ponca Nation of Oklahoma elder, reveals Canadian mining companies are violating the rights of both nature and Indigenous peoples in South America and Serbia. Courtesy of the Global Alliance for the Rights of Nature The tribunal was also meant to contrast with this week’s annual conference of the Prospectors and Developers Association of Canada, which featured climate change and Indigenous issues in a way that speakers described as opportunistic — by now a familiar criticism.  James Yap, the tribunal’s prosecutor and acting director of an international human rights program at the University of Toronto, called out one particular event titled “Caliente Caliente Ooh Aah: Latin American Mining is Heating Up!,” which invited attendees to “dance to the Latin beat through the various regulatory issues affecting the region.”  Neither the law firm that organized the Latin American mining event nor the Prospectors and Developers Association of Canada responded to Grist’s requests for comment. Read Next UN report backs up Sámi claims that mining in Finland violates their rights to land and culture Tristan Ahtone Jérémie Gilbert, a professor of social and ecological justice at the University of Southampton in the United Kingdom, applauded the tribunal for building an evidence base of the alleged human rights and nature’s rights violations by transnational mining companies. His research has highlighted how most international law treats nature as a resource to be owned or exploited, instead of having value in its own right. Legal protections that include Indigenous knowledge and the rights of nature have already been implemented in several countries — most famously in Ecuador, which in its rewritten 2008 constitution acknowledged the rights of Mother Earth, or Pacha Mama, to the “maintenance and regeneration of its life cycles, structure, functions, and evolutionary processes.”  “What’s required for the rights of nature is a pen and then enforceability,” said Dov Korff-Korn, the legal director of Sacred Defense Fund, an Indigenous environmental group based in Santa Fe. Korff-Korn said that giving rights to nonhuman entities like water, animals, and plants is already baked into how many tribes see the world, so using tribal laws and respecting sovereignty is a way forward.  “We’ve got some unique rights and laws that have unique expressions,” said Frank Bibeau, an enrolled member of the Minnesota Chippewa tribe and a tribal attorney with the nonprofit Center for Democratic and Environmental Rights who has worked on cases that give rights to nonhuman relatives under Chippewa treaties.  A copper mine in Puerto Coloso, Chile. Sebastian Rojas Rojo / AFP via Getty Images One example came during the fight against the controversial Line 3 Pipeline proposed by the oil and gas company Enbridge in Minnesota. Bibeau listed manoomin, Ojibwe for wild rice, as a plaintiff in a lawsuit against Minnesota’s Department of Natural Resources, arguing that the rice had rights to clean water and habitat that would be jeopardized by the pipeline and the oil spill risks it would bring. Bibeau said the lawsuit is an example of how many tribes see the rights inherent in nature. But since most settler courts don’t, he argues that Indigenous treaties are a useful way to help protect nonhuman relatives.  Other ways to develop legal protections could involve tribal courts. And this year in Aotearoa, or New Zealand, the mountain Taranaki Maunga was recognized as a legal person because the Maori see it as an ancestor. The country also recognizes the rights of the Te Irewera Forest and the Whanganui River, so there is a developing global precedent for this sort of legal framework.  Protections like these could protect ecosystems in the examined cases of the tribunal, including in Brazil where a firm called Belo Sun has proposed the development of the country’s largest open-pit gold mine, and in regions affected by copper, silver, and other metals mining throughout Ecuador. One of the cases heard by tribunal judges related to a gold mine proposed in eastern Serbia by the Canadian company Dundee Precious Metals, and another centered on uranium mining within Canada.  In a presentation about heavy metals mining in Penco, Chile, Valerie Sepúlveda — president of a Chilean environmental nonprofit called Parque para Penco — criticized the Toronto-based Aclara Resources for opaque operations and a failure to engage with residents near its mines. “We must reevaluate what mining is really necessary and which is not,” she told the audience. One of the judges, in describing the 2015 release of millions of liters of cyanide solution from a gold mine in San Juan, Argentina, said mining companies are “sacrificing these towns so that Americans can have their Teslas.”  Another judge — Tzeporah Berman, international program director at the nonprofit Stand.earth — told attendees she was “horrified and embarrassed” by the practices of Canadian mining companies. “Canada must pursue human and environmental due diligence,” she added while delivering her verdict. “I hope that our recommendations will be used in future policy design and legal challenges.” This story was originally published by Grist with the headline In Canada, Indigenous advocates argue mining companies violate the rights of nature on Mar 10, 2025.

Peru's Indigenous Leaders Raise Concerns Over Oil and Gas Projects at a Human Rights Hearing

Indigenous leaders from the Peruvian Amazon have urged the government to halt oil and gas projects that threaten their lands, presenting their case before the Inter-American Commission on Human Rights (IACHR)

BOGOTA, Colombia (AP) — Indigenous leaders from the Peruvian Amazon who are calling for the government to stop oil and gas projects in their territory took their case to an international human rights body on Tuesday.The leaders presented evidence of the impact of oil and gas exploration at a hearing before the Inter-American Commission on Human Rights. They said the projects violate Indigenous rights by threatening their land, health and food security and are in breach of international obligations that require Indigenous groups to be consulted.The Indigenous leaders are represented by the Interethnic Association for the Development of the Peruvian Rainforest, or AIDESEP. The group argues that the projects also pose risks to uncontacted Indigenous groups and also noted specific impact on Indigenous women.During the meeting, the Peruvian government said it is a democratic state which respects law and guarantees human rights to all its citizens and that it is committed to strengthening it. But Julio Cusurichi Palacios, a member of AIDESEP’s Board of Directors from the Madre de Dios region of the Amazon said the government "have stated things that are not in accordance with what is happening in reality."“The rights of Indigenous peoples are not being respected, the contamination of our rivers and territories continues, there are threats to uncontacted Indigenous Peoples, more regulations that make environmental standards more flexible, and oil and gas lots continue to be promoted,” he told The Associated Press after the hearing. The government denied most of the claims made by the Indigenous groups and did not reply to AP’s requests for comment. Recent reports have found that the Peruvian government continues to auction Indigenous lands for oil and gas exploration. Approximately 75% of the Peruvian Amazon — home to 21 Indigenous groups — is covered by oil and gas concessions, many of which overlap with Indigenous territories, according to the International Work Group for Indigenous Affairs. “I believe this situation has been getting increasingly worse," Cesar Ipenza, an environmental lawyer who took part in the hearing, told AP. “There's a policy of promoting extractive activities in highly vulnerable areas, especially in the Amazon.”He added that the impact on the environment and the lack of communication with Indigenous groups is already evident, but “the Peruvian state claims that everything is fine and that there are no problems with oil and gas activities.”The commission has asked the Peruvian government to provide written responses to the claims, focusing on their protocols for handling oil spills and supporting affected communities. Joint data from several Peruvian organizations has documented 831 oil spills in the Peruvian Amazon.There are at least 20 uncontacted tribes in Peru that live in the most remote, uncontacted regions of the Amazon rainforest, according to Survival International, an advocacy group for Indigenous peoples. “Because they’ve failed to get redress in Peru, Indigenous organizations there have turned to international fora like the Inter-American Commission on Human Rights,” said Teresa Mayo, Peru researcher for Survival International. “They want the Commission to force Peru to abide by the international laws and treaties it’s signed up to, rather than ignore those aspects which it finds inconvenient.” The Associated Press’ climate and environmental coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Photos You Should See - Feb. 2025

California tribe enters first-of-its-kind agreement with the state to practice cultural burns

After suppression of Indigenous cultural burning, the state agrees Northern California's Karuk Tribe may practice the burns more freely than it has in over 175 years.

Northern California’s Karuk Tribe has for more than a century faced significant restrictions on cultural burning — the setting of intentional fires for both ceremonial and practical purposes, such as reducing brush to limit the risk of wildfires.That changed this week, thanks to legislation championed by the tribe and passed by the state last year that allows federally recognized tribes in California to burn freely once they reach agreements with the California Natural Resources Agency and local air quality officials. The tribe announced Thursday that it was the first to reach such an agreement with the agency.“Karuk has been a national thought leader on cultural fire,” said Geneva E.B. Thompson, Natural Resources’ deputy secretary for tribal affairs. “So, it makes sense that they would be a natural first partner in this space because they have a really clear mission and core commitment to get this work done.”In the past, cultural burn practitioners first needed to get a burn permit from the California Department of Forestry and Fire Protection, a department within the Natural Resources Agency, and a smoke permit from the local air district. The law passed in September 2024, SB 310, allows the state government to, respectfully, “get out of the way” of tribes practicing cultural burns, said Thompson.For the Karuk Tribe, Cal Fire will no longer hold regulatory or oversight authority over the burns and will instead act as a partner and consultant. The previous arrangement, tribal leaders say, essentially amounted to one nation telling another nation what to do on its land — a violation of sovereignty. Now, collaboration can happen through a proper government-to-government relationship.The Karuk Tribe estimates that, conservatively, its more than 120 villages would complete at least 7,000 burns each year before contact with European settlers. Some may have been as small as an individual pine tree or patch of tanoak trees. Other burns may have spanned dozens of acres.“When it comes to that ability to get out there and do frequent burning to basically survive as an indigenous community,” said Bill Tripp, director for the Karuk Tribe Natural Resource Department, “one: you don’t have major wildfire threats because everything around you is burned regularly. Two: Most of the plants and animals that we depend on in the ecosystem are actually fire-dependent species.” The Karuk Tribe’s ancestral territory extends along much of the Klamath River in what is now the Klamath National Forest, where its members have fished for salmon, hunted for deer and collected tanoak acorns for food for thousands of years. The tribe, whose language is distinct from that of all other California tribes, is currently the second largest in the state, having more than 3,600 members. Trees of life Early European explorers of California consistently described open, park-like woods dominated by oaks in areas where the forest transitions to a zone mainly of conifers such as pines, fir and cedar. The park-like woodlands were no accident. For thousands of years, Indigenous people have tended these woods. Oaks are regarded as a “tree of life” because of their many uses. Their acorns provide a nutritious food for people and animals. Indigenous people have used low-intensity fires to clear litter and underbrush and to nurture the oaks as productive orchards. Burning controls insects and promotes growth of culturally important plants and fungi among the oaks. Debris, brush and small trees consumed by low-intensity fire. Debris, brush and small trees consumed by low-intensity fire. This stewardship reduced the risk of devastating wildfires. Periodic clearing of underbrush and understory tree growth reduces ladder fuels that can channel flames into the treetops. Times reporting, USDA Paul Duginski LOS ANGELES TIMES The history of the government’s suppression of cultural burning is long and violent. In 1850, California passed a law that inflicted any fines or punishments a court found “proper” on cultural burn practitioners.In a 1918 letter to a forest supervisor, a district ranger in the Klamath National Forest — in the Karuk Tribe’s homeland — suggested that to stifle cultural burns, “the only sure way is to kill them off, every time you catch one sneaking around in the brush like a coyote, take a shot at him.”For Thompson, the new law is a step toward righting those wrongs.“I think SB 310 is part of that broader effort to correct those older laws that have caused harm, and really think through: How do we respect and support tribal sovereignty, respect and support traditional ecological knowledge, but also meet the climate and wildfire resiliency goals that we have as a state?” she said.The devastating 2020 fire year triggered a flurry of fire-related laws that aimed to increase the use of intentional fire on the landscape, including — for the first time — cultural burns.The laws granted cultural burns exemptions from the state’s environmental impact review process and created liability protections and funds for use in the rare event that an intentional burn grows out of control.“The generous interpretation of it is recognizing cultural burn practitioner knowledge,” said Becca Lucas Thomas, an ethnic studies lecturer at Cal Poly and cultural burn practitioner with the yak titʸu titʸu yak tiłhini Northern Chumash Tribe of San Luis Obispo County and Region. “In trying to get more fire on the ground for wildfire prevention, it’s important that we make sure that we have practitioners who are actually able to practice.”The new law, aimed at forming government-to-government relationships with Native tribes, can only allow federally recognized tribes to enter these new agreements. However, Thompson said it will not stop the agency from forming strong relationships with unrecognized tribes and respecting their sovereignty.“Cal Fire has provided a lot of technical assistance and resources and support for those non-federally recognized tribes to implement these burns,” said Thompson, “and we are all in and fully committed to continuing that work in partnership with the non-federally-recognized tribes.”Cal Fire has helped Lucas Thomas navigate the state’s imposed burn permit process to the point that she can now comfortably navigate the system on her own, and she said Cal Fire handles the tribe’s smoke permits. Last year, the tribe completed its first four cultural burns in over 150 years.“Cal Fire, their unit here, has been truly invested in the relationship and has really dedicated their resources to supporting us,” said Lucas Thomas, ”with their stated intention of, ‘we want you guys to be able to burn whenever you want, and you just give us a call and let us know what’s going on.’”

In Brazil, Mining Giant Vale Is Sued Over Metal Contamination Found in Indigenous Peoples

Brazil’s Federal Prosecutor’s Office is suing the giant mining company Vale, the Brazilian government and the Amazon state of Para over heavy metal contamination found in the bodies of Xikrin Indigenous people

BRASILIA, Brazil (AP) — Brazil’s Federal Prosecutor’s Office is suing the giant mining company Vale, the Brazilian government and the Amazon state of Para over heavy metal contamination in the bodies of Xikrin Indigenous people.The civil lawsuit, filed Friday and disclosed this week, alleges contamination from Vale's nickel mining at the Onca-Puma site, with the Catete River carrying mine pollution into Indigenous territory. In 2022, the company and the Xikrin reached an agreement for monthly compensation, but it did not cover health issues, according to the prosecution. A study by the Federal University of Para, conducted last spring in villages in the Xikrin do Cateté Indigenous Territory, found dangerously high levels of heavy metals, including lead, mercury and nickel, in the hair of virtually all the 720 people surveyed. Fearing contamination in the river water, the Xikrin are using bottled water for their children and buying fish from municipal markets. In one extreme case, a 19-year-old woman had nickel levels 2,326% above the safe limit, according to the study. If untreated, heavy metal poisoning can lead to brain damage and organ failure.The Federal Prosecutor’s Office, responsible for protecting Indigenous rights, is demanding that Vale establish a permanent health monitoring program for the community. It also calls on the state of Para, which granted the environmental license, and the federal government, which oversees Indigenous public health policies, to provide technical and administrative support and ensure proper environmental oversight.“The situation of the Xikrin do Cateté is a true humanitarian tragedy and requires an urgent response from the Brazilian judiciary. Inaction would only add to the suffering of the Indigenous community, who face daily contamination in their own environment,” the lawsuit states.In a written response, Para's environmental agency said it signed an agreement with Vale in 2024 “to mitigate the socio-environmental impacts of the Onca-Puma nickel mine’s activities.”Vale and Brazil´s Ministry of Health did not immediately respond to messages from The Associated Press seeking comment. In November, Para's capital, Belem, will host the United Nations climate conference known as COP30. Vale is building one of the largest infrastructure projects for the conference, Parque da Cidade, or City Park, of about 50 hectares (123 acres).The mining company was responsible for two of Brazil’s most devastating environmental disasters, in 2015 and 2019, when waste dams collapsed in Minas Gerais state. The disasters killed 291 people and contaminating hundreds of miles of waterways.The Associated Press’ climate and environmental coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Photos You Should See - Feb. 2025

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