rights
Newsletter
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Apache group petitions Supreme Court to halt copper mine on sacred land
Apache Stronghold members are traveling across the U.S. to gather support as they petition the Supreme Court to block a copper mine on Arizona land sacred to their tribe.
In short:
- Apache Stronghold opposes a copper mine planned for Oak Flat, a sacred site in Arizona, arguing it violates their religious freedom.
- The group lost its appeal in lower courts but hopes the Supreme Court will hear their case, claiming the mine threatens their spiritual practices.
- The planned mine could meet 25% of U.S. copper demand but would devastate the environment, leaving a massive crater and depleting local water resources.
Key quote:
“We thought it was an Apache case. But no, it became a Native American case. It became a state case. It’s a country case. It’s a human being case.”
— Wendsler Nosie Sr., leader of Apache Stronghold.
Why this matters:
The case highlights the ongoing conflict between resource extraction and Indigenous rights, raising concerns about environmental destruction and the erosion of sacred cultural practices.
Related EHN coverage:
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Congress moves to enhance mining rights on federal land
A bipartisan bill expanding legal rights for mining companies on federal lands has passed the House and is progressing in the Senate.
Esther Frances, Megija Medne, and Phillip Powell report for Inside Climate News.
In short:
- The Mining Regulatory Clarity Act passed the House with bipartisan support and now awaits Senate approval.
- The bill aims to overturn a 2022 court decision that restricted mining waste dumping on federal lands without a valid mineral claim.
- Environmental and Indigenous groups argue the legislation threatens sacred lands and critical environmental protections.
Key quote:
“It makes no sense on its face, that a mining company can dump toxic waste on areas where they have no claims on public land.”
— Laiken Jordahl, Southwest conservation advocate for the Center for Biological Diversity
Why this matters:
The proposed legislation could significantly weaken environmental safeguards and legal precedents protecting public and Indigenous lands from unregulated mining activities. Federal lands are often home to unique ecosystems and wildlife, and increased mining activities could lead to habitat destruction, water contamination, and increased carbon emissions.
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Indigenous land rights crucial for climate success
Giving Indigenous communities greater control over their lands significantly improves conservation results, according to a new study in One Earth.
In short:
- Researchers analyzed 648 studies of conservation areas, comparing the ecological and social outcomes based on the degree of Indigenous involvement.
- The study found that recognizing Indigenous autonomy leads to significantly better environmental and social results than merely treating them as stakeholders.
- Examples include successful conservation in Chile’s Los Lagos Indigenous Marine Areas and ineffective efforts in China’s Hainan province due to lack of Indigenous involvement.
Key quote:
“The findings reveal that more equitable governance, based on equal partnership or primary control for [Indigenous peoples and local communities], are associated with significantly more positive ecological outcomes.”
— Study authors
Why this matters:
Indigenous communities have long been the stewards of vast tracts of land, preserving biodiversity and maintaining ecological balance through traditional knowledge and sustainable practices. Studies indicate that these lands support healthier ecosystems and store more carbon, an important factor in mitigating climate change. However, these benefits are jeopardized when Indigenous land rights are overlooked or violated.
Related EHN coverage:
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Ecuador's nature rights movement faces new challenges amid energy shifts
Fifteen years after Ecuador recognized the constitutional rights of nature, environmental advocate Natalia Greene discusses the ongoing challenges and landmark court victories defending these rights.
In short:
- Ecuador leads globally in nature's rights jurisprudence, influenced by landmark cases like the successful defense of the longnose harlequin frog against mining interests.
- The Constitutional Court has revoked several mining licenses, asserting nature's legal rights, which includes numerous species and ecosystems.
- The nation grapples with illegal mining and drug trafficking that threaten both the environment and local communities.
Key quote:
“We now have a whole generation of young people who have grown up only knowing that nature has rights. The law has influenced peoples’ understanding of nature and that is very powerful.”
— Natalia Greene, judge at the International Rights of Nature Tribunal
Why this matters:
This judicial approach in Ecuador, where ecosystems and species have legally enforceable rights, is reshaping the dialogue around environmental protection. It challenges traditional views that prioritize economic gain over ecological health, and sets a precedent for how nature's rights can be enforced legally. Such jurisprudence provides a robust framework for protecting biodiversity while emphasizing the intrinsic value of nature, independent of its utility to humans.
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Credit: Henrik Hansen/Unsplash
UN highlights attacks on Indigenous land defenders
Global Indigenous communities face escalating criminalization and rights violations, spotlighted in a recent UN report.
In short:
- In 2022, about 70,000 Maasai were forcibly removed from their lands in Tanzania, highlighting a broader issue of Indigenous rights violations.
- The UN report details systematic criminalization of Indigenous peoples, often linked to conservation and mining interests.
- Key recommendations include revising laws and strengthening protections for Indigenous human rights defenders.
Key quote:
"It’s a very serious concern because the Indigenous people who have been resisting the taking over of their lands and territories, they are the ones who most commonly face these charges and criminalization."
— Victoria Tauli-Corpuz, former UN Special Rapporteur on the Rights of Indigenous Peoples
Why this matters:
Indigenous communities often inhabit regions rich in biodiversity and natural resources, making them front-line defenders against environmental exploitation. Their traditional knowledge and sustainable practices are crucial in preserving these areas. However, as economic pressures mount to exploit these lands for logging, mining and agriculture, Indigenous peoples frequently find themselves in conflict with powerful interests, including corporations and sometimes their own governments.
Attacks against environmental defenders take many forms, and the U.S. is not immune when it comes to persecuting those who take a stand. From MLK to climate scientists, Americans have a tragically strong track record of punishing those who speak out.
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Credit: Kiya/Big Stock Photo
The debate on paying Indigenous climate activists
At the intersection of climate advocacy and economic fairness, Indigenous activists like Big Wind offer crucial, unpaid labor to protect the environment, raising questions about compensation and sustainability.
In short:
- Indigenous activists contribute significantly to environmental protection without financial compensation, exemplified by Big Wind's experience at climate resistance camps and international conferences.
- The discussion on compensating this "earthwork" includes suggestions for wages and enhanced tribal sovereignty, underlining the economic invisibility of such essential labor.
- Academics and advocates argue that recognizing and compensating Indigenous climate labor could lead to more equitable environmental stewardship and stronger alliances between conservationists and labor movements.
Key quote:
"I don’t think money is going to solve it. But I also feel like we do have a responsibility to ensure that we are taking care of the people who are working for all of us."
— Big Wind, climate activist and member of the Northern Arapaho tribe
Why this matters:
Indigenous communities have long been at the forefront of environmental protection, leveraging traditional knowledge and practices that have safeguarded ecosystems for centuries. Their contributions are vast, encompassing the stewardship of forests, watersheds, and biodiversity hotspots. These efforts not only preserve their way of life but also offer critical insights and solutions to some of the most pressing global environmental challenges, including climate change and biodiversity loss.
Be sure to read Brian Bienkowski’s2016 article: From the Sioux to the Sault: Standing Rock spirit spreads to Michigan’s Upper Peninsula.
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Credit: CherylCasey/Big Stock Photo
Heiltsuk leaders seek justice on the global stage for a historic spill's fallout
Heiltsuk tribal leaders from coastal British Columbia have taken their grievances over Canada's inadequate spill response to an international forum, aiming to secure legal recognition for cultural losses.
In short:
- Following the devastating Nathan E. Stewart spill, the Heiltsuk Nation struggles with the long-term impacts on their traditional harvesting grounds, leading them to seek international intervention.
- Canada's legal framework currently fails to recognize cultural and environmental losses, prompting the Heiltsuk leaders to advocate for changes at the International Maritime Organization.
- The Heiltsuk's efforts underscore a broader struggle for Indigenous communities to protect their rights and resources against environmental disasters.
Key quote:
“We’re not only looking to make things right for ourselves to protect our shorelines. It’s only a matter of time before another incident."
— Hereditary Chief Harvey Humchitt.
Why this matters:
This isn't just about the fight against oil spills; it's also a larger story about the right to self-determination for Indigenous peoples and the global need to transition to sustainable energy sources.
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