Indigenous people have been silenced on the climate crisis

For the last fortnight the media has been dominated by news of the COP26 conference. We’ve lived and breathed, along with the negotiators, each aspect of a potential final deal to tackle climate change once and for all. We’ve listened to leaders discuss how as a global community we must limit the global temperature rise to 1.5 degrees and where the political will is and is not for comprehensive change.

We’ve heard from global leaders, from the G7 and the G20. From the UN, the Commonwealth and every possible global coalition. We’ve heard from former elected leaders, religious leaders, activists, local government leaders and financiers who have all had their say in an effort to push those with power to make life-changing decisions for all of us. Yet as I write we still don’t know what the final deal will really promise and what is likely to be achieved from two weeks of talking.

I believe that talking is incredibly important, diplomacy is the most powerful tool we can have and there are never enough words. But in this case, I worry not about who we have heard from and not even about what the final deal may look like (although we desperately need united action), but rather I am horrified about who we have not heard from.

In the midst of this geo-political strategic negotiation, we seem to have heard from every stakeholder, every country and even many companies. Who we’ve heard very little from however are the people on the frontline of this crisis. Of the indigenous peoples whose lands and livelihoods are at threat from floods or famine. People who have been silenced by their governments, for decades, as they attempted to raise the impacts of pollution and climate change to their communities. People who were attacked by their own governments and corporations for undermining economic development and therefore persecuted and silenced for telling the truth about what was happening to their land and their people.

As the world gathered, it is their voices, those of indigenous communities, which needed to be heard, that could and should have acted as a galvanising force – emotive but factual testimony about what is really at stake. Instead, indigenous peoples around the world have been silenced. The impact of climate change has resulted in a climate of fear. A double whammy for those on the front line of this climate change disaster. It is their stories which Index has highlighted during COP26. With the support of the Clifford Chance Foundation we’ve been able to help tell their stories – both in our magazine and online. So please, take a minute and read their stories as we all consider what we need to do to help fix the planet.

Richard Ratcliffe: The UK Government needs to look long and hard at its hostage policy

As Richard Ratcliffe enters day 16 of a hunger strike to protest against UK government inaction in the case of the continuing detention of his wife Nazanin Zaghari-Ratcliffe in Iran, he says it is not the lack of food that is his biggest worry.

“It is the cold,” he says from his makeshift tent village outside the Foreign and Commonwealth Office in Whitehall, just a short walk from the Houses of Parliament. Last Friday – Guy Fawkes Night – the mercury dipped to below freezing as a candlelit vigil was held to raise awareness of this wife’s plight, who has been detained in Iran for more than five years.

Nazanin, who was working for the Thomson Reuters Foundation at the time of her arrest, was sentenced to five years in prison in 2016 for “plotting to topple the Iranian regime”. As the end of her sentence approached, Nazanin was told she faced new charges of “propaganda activities against the government”. In April 2021, she was sentenced to a further year in prison. I spoke to Richard at the time in our podcast.

It is clear that Nazanin is clearly a pawn in a game of one-upmanship between the British and Iranian governments. There is no guarantee that she will be released even after serving the new sentence.

This is why Ratcliffe is carrying out his protest – to make the British government recognise that its strategy towards Iran has failed.

With his quilted jacket and woolly hat and mittens, Ratcliffe looks like many of the nearby rough sleepers. Yet few of those on nearby Whitehall are surrounded by pebbles painted by young children and carved pumpkins or have their tents festooned with fairy lights. Still fewer have a pile of Amazon deliveries from well-wishers.

Camped out in the heart of British Government, Ratcliffe has been visited by a steady stream of MPs, including the Conservative MP for Ipswich Tom Hunt today.

This in itself is quite unusual.

“I have certainly been visited by more opposition MPS than those in the government,” says Ratcliffe. “I have had a lot of visits from the Labour front bench. Of those in the Government that did visit, very few wanted their picture taken.”

He has not been short of other well-known visitors wishing him well, including the author Kathy Lette, Victoria Coren and TV presenter Claudia Winkelman.

Ratcliffe says that despite promises from former Foreign Secretary Dominic Raab, little seems to be happening in official channels to secure the release of his wife.

“There have been no negotiations of substance for a while,” he says.

As the light faded and the temperature dropped again tonight, Ratcliffe’s hunger strike continued. Many experts say that the human body can endure around 25 days without eating before permanent damage occurs.

Ratcliffe plans to continue while he can.

“One of the things I have heard from other hunger strikers is that you eventually start closing in on yourself. That hasn’t happened so far,” he says. “You have to listen to your body though.”

Richard’s family and friends are naturally worried for his well-being and many are taking it in turns to keep his spirits up. As I speak to him, his mum – resplendent in a multi-coloured coat that belies the seriousness of the situation – pops over with a hot water bottle to keep the cold at bay.

Despite the cold and the growing concern of the effects of not eating, Ratcliffe will remain outside the Foreign and Commonwealth Office for now and certainly until later this week when Iran’s vice president Dr Ali Salajegheh leaves the UK after attending COP26 in Glasgow.

When the Government’s focus turns away again from the global ecofest, it needs to think about how it deals with Iran.

He says, “I don’t think the Foreign Office understands Iran properly. The Government also needs to look long and hard at its hostage policy and its ineffectiveness.”

Ratcliffe is clear on one thing that would help secure Nazanin’s release – the British Government could pay the £450 million that Ratcliffe and many others believe say it owes to the Iranian government. The money was paid to the UK in the 1970s by the then Shah of Iran to buy Chieftain tanks and armoured vehicles. When the Shah was deposed, Britain sold the vehicles instead to Iraq but kept the money.

Sign the petition to Free Nazanin here and, if you are in the UK, write to your MP.

Change in the pipeline?

Most Americans do not need to worry about the oil pipelines that fuel their cars, and most live with their water supplies comfortably distant from any risk of a spill. Yet indigenous communities in the USA cannot count on having clean drinking water because the country’s thirst for gas is fed by pipelines that cross their native lands.

Over the past decade, the construction of three such pipelines has been challenged by environmentalists and indigenous communities due to the risk to the environment and the violation of tribal sovereignty. The Dakota Access Pipeline, the Keystone XL Pipeline, and Line 3 each run through reservation land against the express wishes of the tribes the lands belong to.

The Keystone XL pipeline had its permit cancelled in June 2021 by president Joe Biden’s administration. Faith Spotted Eagle, a leading activist against the pipeline and a member of the Ihanktonwan Dakota nation, told The Guardian the executive order was “an act of courage and restorative justice by the Biden administration.” The pipeline had faced constant protest from environmental and indigenous groups in the 10 years since it had been proposed. The administration’s executive order stated that “the United States must be in a position to exercise vigorous climate leadership in order to achieve a significant increase in global climate action and put the world on a sustainable climate pathway.” But what is unclear is why this pipeline is different from any others.

A question of tribal sovereignty

In Minnesota, activists and community members are gathering in response to the Line 3 project that puts the water sources of three reservations—Leech Lake, Red Lake, and White Earth—at risk from oil spills and cuts through treaty land in violation of tribal sovereignty.

Tania Aubid, an elderly activist who grew up in treaty territory, carried out a 28-day hunger strike to protest the pipeline.

“It’s my future grandchildren and great grandchildren coming standing up to the pipeline… What I’m hoping for is to be able to have a healthier ecosystem for us to be able to live in,” she told the Stop Line 3 campaign.
Activists are calling for the government to take similar action against this pipeline. Winona LaDuke, an Ojibwe leader and Indigenous rights organiser who was arrested at a Line 3 protest and spent three nights in jail, told online magazine Slate: “Biden’s acting like he cancelled one pipeline so he gets a gold star. But you don’t get a gold star from Mother Earth to let Line 3 go ahead.”

She added: “It’s brutal up here. I’m watching a very destructive pipeline tearing through the heart of my territory. That’s why Joe Biden should care. Because it’s wrong.”

The pipeline is disrupting the watershed and traditional wild rice habitats.

A Canadian oil pipeline corporation, Enbridge, has proposed the expansion of Line 3, which was responsible for the worst inland oil spill in US history in 1991. The Biden administration, which is backing Trump-era approval for the pipeline, has turned down any requests for comment.

The Justice Department said the 2020 approval “met its … obligations by preparing environmental assessments” and asked the courts to reject any case brought against the project. This month, the Minnesota Supreme Court upheld state regulators’ approval of the project, and Enbridge says the pipeline is on track to be completed by the end of the year.

Five years since Standing Rock

If a year is a long time in politics, five years is almost an eternity.

In 2016, social media images from the protests at the Standing Rock Reservation in North Dakota and South Dakota shocked Americans. A grassroots movement against Energy Transfer Partners Dakota Access Pipeline caught the nation’s attention when activists stood against the construction of the pipeline, creating the single largest gathering of Native Americans in 100 years.

Protesters had to withstand police violence, including excessive use of pepper spray, water sprayed from high-pressure hoses, and attacks from police dogs. The pipeline was planned to run from North Dakota’s Bakken oil field to southern Illinois, crossing through the Standing Rock Reservation on the border of North Dakota and South Dakota and beneath their main water source, Lake Oahe.

Standing Rock is the sixth-largest Native American reservation and home to nearly 9,000 members of the Hunkpapa and Sihasapa bands of Lakota Oyate and the Ihunktuwona and Pabaksa bands of the Dakota Oyate. The community and independent experts believed that a potential rupture of the pipeline was a serious threat to the clean water supply. The path of construction cut through historically and religiously significant land. Finally, the pipeline would disrupt the reservation’s natural ecosystem.

This pipeline had been rerouted from crossing the Missouri River near Bismarck, North Dakota, a far wealthier, predominantly white community, over concerns about proximity to water sources and wetlands.

Youth and women’s groups from Standing Rock and surrounding communities organised a campaign to block the construction of the pipeline, using the hashtag #noDAPL on social media. “Water protectors” encamped around Standing Rock, creating protests that reached the size of a small city, in an attempt to block construction.

The Barack Obama administration halted the construction of the pipeline by executive order. However, in January 2017, the Trump administration issued an order allowing its resumption. The pipeline was completed in April 2017.

Capturing the mood

Ryan Vizzions began his independent photography career with the 2015 Black Lives Matter protests in Atlanta. When he heard about the #noDAPL protests, he saw the similarities with the civil rights movement. A planned four-day trip to cover it turned into a six-month commitment; he went back to Atlanta just long enough to quit his job and put all his belongings into storage so he could stay with the protests and help stop the pipeline. He captured the police violence in photos, but he also documented the camps which were “filled with song and prayer, ceremony and community”.

His images of Standing Rock capture the mistreatment of a community that so much of the USA has ignored. After his images of police violence went viral, money poured in from supporters, turning the camps into communities with enough resources to feed and house protesters.

Vizzons said that by winter, PTSD from the police violence was common throughout the camp and as national attention faded and temperatures dropped, people began leaving.

The community in the camp “was a beautiful moment in history”, he said, adding that what made Standing Rock different was how their voices reached their audience: “Mainstream media tried to avoid the Standing Rock movement until social media made it impossible. We were the news, not them and they hated it.”

Since the arrival of the first Europeans, North America’s indigenous people have been forced off their land and have had to watch as it has been urbanised. The further west mainstream settlements expanded, the more the government would push tribes further off their land by breaking treaty promises and committing or allowing grotesque violence against indigenous people.

Through physical force and economic manipulation, the government forced indigenous people onto the country’s most desolate lands in what is now the reservation system, and despite promises of tribal sovereignty on reservations, reservations still face exploitation and violation of land rights while lacking the political voice to stop the government or government-backed corporations.

The Standing Rock episode is one of the most notable modern instances of harassment and discrimination against the American indigenous population, but the struggle to be heard has long been part of being an indigenous person in the USA.

Seeking financial stability

Today, Standing Rock people live with the pipeline and continue the struggle to be heard by their local government and financial institutions. The community faces challenges for which it is less easy to rally support on social media, such as struggling to obtain bank loans or teen depression.

Joseph McNeil, Jr grew up in New York but moved back to his family’s home in Standing Rock 34 years ago. He has been a tribal council member and today is the general manager of Standing Rock’s wind farm organisation. Striving for energy and financial independence, the Standing Rock Renewable Energy Public Power Authority pursues wind power as a solution that is both green and affordable.

As general manager, McNeil and the authority prioritise balancing Standing Rock’s energy needs with environmental protection and climate justice, a fundamental belief that makes the existence of the Standing Rock pipeline untenable. The Standing Rock Council is also working to create a credit union to increase economic stability amongst the native people. With their renewable energy sources and a credit union, the goal is to deconstruct the two major ways their community is oppressed.

McNeil said the reservation faced the constant struggle of not having economic assets to pursue their business plans and grow the capital of the reservation. He described the institutional oppression the community faces, saying that “business and government are hand in glove.” The reservation system denies land ownership to residents, crippling them economically and politically.

“It’s hard to get a home loan if you have an address on the reservation,” said McNeil.

He described the psychological impact on his community: “The desperation…the kids didn’t have hope…they’ve seen the cycle of [financial] and emotional poverty”

The lack of opportunity on reservation and the racism they faced off it led to a rash of teen suicides 10 years ago and is a major motivation for the work to provide for the community, who live with the pipeline running through its land.

“I feel devalued when I turn the water on, I feel my kid’s lives are devalued,” said McNeil. “We fought it tooth and nail. We said no from day one.”

A lack of voice

Indigenous groups along the Line 3 route are hoping the same does not happen to them.

Earlier this year, activists started creating ceremonial lodges and resistance camps along the path of construction and some attempted to block the work by forming a human chain.

Just like at Standing Rock, the environmental impact report was rushed and incomplete, and police have been using similar aggressive techniques to those seen in 2016 in Standing Rock: rubber bullets, fire hoses, and police attack dogs.

The pipeline is nearing completion, and the three reservations are facing the timeless American practice of exploiting indigenous people’s lack of voice for the economic gains of mainstream culture.

Stop Line 3 has published its grievances against the pipeline.

Its construction is disrupting shrinking wild rice habitats. Meanwhile, over a 10-year period, according to the US Department of Transportation, an “average” pipeline has a 57% chance of spills.

Stop Line 3 also argues that the state of Minnesota does not have the consent of the tribes or jurisdiction over tribal land and therefore it is a violation of tribal sovereignty and what the organisation calls “modern-day colonialism”.

“The phrase ‘new oil pipeline’ should not even be in our vocabulary,” it argues because the overwhelming consensus of scientists is that carbon emissions must be drastically reduced to stop the growing climate crisis.

Once again, indigenous people and big business, and the planet and the government are facing off. That should be food for thought for Americans driving in their gas-guzzlers.

Respect for tradition: Australia’s selective listening on environment issues

The bushfires that tore across Australia in the summer of 2019-20 left in their wake 18 million hectares of scorched land. A total of 33 people – including nine firefighters – lost their lives, and close to 3,500 homes were razed to the ground. Ecologists calculated that as many as one billion animals perished in the fires, while economists estimated the cost of recovery at an unprecedented AU$100 billion.

Faced with tallies of destruction too big to comprehend, Australians cast about for clarity on why this disaster was unfolding, and how it could be prevented from happening again the future. Conveniently, there was a living culture with 65,000 years of experience in caring for the country to turn to for answers.

The fires precipitated a sudden torrent of interest in traditional Aboriginal land management techniques. First Nations rangers, practitioners and traditional knowledge experts – so rarely afforded time on the airwaves – were widely consulted on national television and radio shows. For many Australians, it was their first time hearing about “cool burning” and “fire-stick farming”: traditional methods of burning patches of bushland at low temperatures to clear the undergrowth without damaging root systems and curtail the risk of out-of-control bushfires in the arid heights of summer.

Yet these practices are ancient. They’ve been passed down through generations of Aboriginal Australians, forming part of the symbiotic relationship that First Nations people have with the environment as custodians of the land.

“Think of it like this: an Aboriginal man 300 years ago didn’t have to worry about handing a climate emergency on to the next generation,” said indigenous cultural educator and Wiradjuri man Darren Charlwood.

“What they were handing on to their children was an understanding of how to survive, how to respect their country, how to respect their ancestors in doing so, and how to practise all this through land management, through ritual, through their interactions within their social organisation and systems.”

While the unprecedented interest in traditional knowledge from the media, the government and conservation organisations was undeniably welcome, for educators such as Charlwood – who works for Sydney’s Royal Botanical Gardens and the New South Wales government’s National Parks and Wildlife Service – it was also frustrating.

“If that sort of engagement had come into play a lot earlier, we probably wouldn’t have had as big a catastrophe as we did,” he said. “Traditional fire management is wonderful, and it can really help with the plight of our environment in Australia. But, mind you, this was a climate catastrophe. Traditional land management would have saved only so much. The bottom line is the climate is changing.”

The consultation-after-the-fact that occurred in the wake of the 2019-20 bushfires is symptomatic of a more troubling “selective listening” that Australia’s First Nations people encounter across the political spectrum – from the prime minister’s office to the halls of local government – especially on land and environment issues.

It’s something that Yvonne Weldon, Australia’s first Aboriginal candidate for Lord Mayor of Sydney, is looking to change.

For Weldon, the principle of inclusion is at the core of an indigenous approach to leadership and environmentalism. It’s a value she places at the heart of her campaign.

“Inclusion is who we are as First Nations people,” she said. “Our ability to be inclusive – to hear what others are saying and act with sensitivity to their existence – is how we have been able to survive.”

She added that the same logic applied to the environment. “Prior to Invasion we didn’t have polluted parts of our country. We didn’t take any more than was needed. Whatever ecosystem you were a part of, you had to live in harmony with it. You didn’t do it at the expense of other living things.”

Reaching for the top

Weldon and her team at Unite for Sydney launched their campaign at Redfern Oval in May, nearly 20 years after then-prime minister Paul Keating’s historic Redfern Speech, where he recognised the impact of dispossession and oppression on First Nations peoples, and called for their place in the modern Australian nation to be cemented.

“It’s about creating moments that represent a landmark for inclusion,” explained Weldon. “And, hopefully, those moments happen closer and closer together in time until inclusion is no longer the exception, it’s commonplace.”

Weldon is a proud Wiradjuri woman who grew up in the inner-city suburb of Redfern, Sydney. With 30 years of experience as a community organiser and campaigner, she has spent her adult life advocating for the disadvantaged. She is a board member of Domestic Violence NSW and Redfern Jarjum College – a primary school supporting Aboriginal and Torres Strait Islander children needing additional learning support – as well as deputy chair of the NSW Australia Day Council. She’s also the first Aboriginal person to run for the top job at the City of Sydney Council.

“To me, the fact that I’m the first Aboriginal person to run for Lord Mayor of Sydney in 2021 is insulting,” she said. “It’s an insult because it hasn’t been done before in this country, and yet we think we have progressed.”

Running on a platform of effective climate action, genuinely affordable housing and better community engagement, the campaigner-turned-candidate sees plenty of opportunities for improvement.

“True leadership has to be inclusive of all, and what I’ve seen in local government has fallen way short of that.”
She realised she had to take a run at the job after six years as elected chair of Sydney’s Metropolitan Local Aboriginal Land Council (LALC) – an organisation set up by law to advocate for the interests of local Aboriginal people in relation to land acquisition, use and management.

In her experience, representatives of the City of Sydney Council have chosen to engage only when it suits their purposes, and either reject proposals for meaningful change out of hand or use inordinate process as a way of keeping them in check.

It’s an all-too-familiar story in Australia, where the government has been unwilling to reach a treaty with its indigenous people comparable to those of New Zealand, Canada or the USA.

Aboriginal calls for recognition were formalised in 2017 with the Uluru Statement from the Heart, which called for a First Nations Voice enshrined in the constitution, and a treaty to supervise agreement-making and truth-telling with governments.

But the historical consensus was rejected outright by then-prime minister Malcolm Turnbull and denigrated by the deputy prime minister, Barnaby Joyce, who called it an “overreach”.

Following a 2018 parliamentary inquiry which found the Statement from the Heart should indeed be enacted, the current Australian government has delayed plans to introduce relevant legislation until after the next federal election in 2022.

A long fight

The application of “selective listening” to First Nations calls for autonomy over their own land is, historically speaking, one of the foundations that modern Australia was built on.

“The damage that’s been done to Australia over 250 years of not respecting indigenous people or knowledge… you can really see it in our environment, it’s very much on show,” said Charlwood. “Because of the way that people have introduced invasive animals and plants to Australia, because of practices like mining and the way people engage with the landscape here, Australia has lost more wildlife in a shorter time than anywhere else on Earth.”

According to Heather Goodall – professor emerita of history at the University of Technology in Sydney – there is historical evidence that Aboriginal people in New South Wales made efforts to secure broad tracts of land where they could feel a sense of safety and belonging, access sites of cultural significance and act as custodians for the environment as early as the 1840s, when the first “reserves” were established.

Despite a movement which involved direct action, writing their own petitions and recruiting sympathetic white men to convey their demands to authorities, Aboriginal people were gradually moved to government-delineated reserves, missions or small parcels of land for agricultural use.

“Consultation is often about seeking opinions which will be used to justify a decision that has already been made. It’s a very hard-to-define term that often doesn’t mean having decision-making power,” said Goodall.
That’s a sentiment Weldon can relate to. “Aboriginal people are not one people – there are hundreds of different nations and tribes and clans all across the country,” she said.

“Bearing in mind the diversity of Aboriginal Australia, often what people in power do is if they don’t want to hear what one group has to say, they’ll go to another group until they find someone to say what they want to hear. I call it ‘shopping around’.

“They’ll play people off each other, they’ll offer little crumbs, they’ll do all these types of things because that’s the colonial viewpoint. It’s about creating the notion that you’re open and inclusive, when actually you’re orchestrating it all for self.

“Sydney represents ground zero, where the impact of colonisation began,” she added. “But you can’t talk about reviving or respecting traditional knowledge if you’re not inclusive of First Nations people.”

As another generation of Aboriginal Australians stands ready to share knowledge and lead the way to a more sustainable future, the question remains whether other Australians are ready to listen – and ready to vote.

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