The Supreme Court of Canada ruled Oct. 11 that the federal government does not have a responsibility to consult with First Nations before introducing legislation, even in cases when it would impact their lands and livelihood. The 7-2 ruling in Chief Steve Courtoreille et al vs Governor in Council et al ends a challenge by the Mikisew Cree First Nation of Alberta to a 2013 reform of Canada's environmental laws by the administration of then-prime minister Stephen Harper. The reform altered the Canadian Environmental Assessment Act, the Fisheries Act, the Species at Risk Act, and the Navigable Waters Protection Act, reducing the number of projects that require environmental assessment studies and narrowing the scope of those assessments. The Mikisew Cree contended that the reform violated constitutionally-protected treaty rights of Canada's indigenous First Nations.
Peru's Supreme Court of Justice on Oct. 3 overturned (PDF) the December 2017 pardon of ex-dictator Alberto Fujimori, and ordered that he be returned to prison. Human rights advocates hailed the ruling, but the ex-dictator's supporters and his politically powerful daughter, Keiko Fujimori, gathered outside his home in Lima to condemn it. "This is persecution against my family," Keiko said. Alberto himself implored President Martín Vizcarra not to return him to prison, saying his "heart would not cope." The former strongman spoke in a video address from a private clinic where he is undergoing treatment for heart disease and under police guard. Fujimori's attorney has appealed the pardon's annulment The fujimorista bloc in Congress is drafting a law to make the pardon permanent, but this is on dubious constitutional grounds and arguably violates the Inter-American Convention on Human Rights. (Jurist, Diario Uno, Oct. 6; Reuters, Oct. 4; NYT, Oct. 3)
In Episode 17 of the CounterVortex podcast, Bill Weinberg discusses growing repression against the Tatar people of the Crimea, and the abrogation of their autonomous government by the Russian authorities since Moscow's illegal annexation of the peninsula. This is a clear parallel to violation of the territorial rights of the Lakota people in the United States through construction of the Dakota Access Pipeline, and the legal persecution of indigenous leaders who stood against it. The parallel is even clearer in the cases of the Evenks and Telengit, indigenous peoples of Siberia, resisting Russian construction of pipelines through their traditional lands. Yet the US State Department's Radio Free Europe aggressively covers the Tatar struggle, while Kremlin propaganda organ Russia Today (RT) aggressively covered the Dakota Access protests. Indigenous struggles are exploited in the propaganda game played by the rival superpowers. With the struggles of the Tsleil-Waututh people of British Columbia against the Trans Mountain Pipeline and the Red Lake Band of Ojibwe in Minnesota against the Line 3 Pipeline now heating up, it is imperative that indigenous peoples and their allies overcome the divide-and-rule game and build solidarity across borders and influence spheres. Listen on SoundCloud, and support our podcast via Patreon.
Canada's Federal Court of Appeal on Aug. 30 overturned (PDF) the government's approval of the Trans Mountain pipeline expansion. A number of groups challenged the approval, including several First Nations and two municipalities, asserting that the First Nations were not adequately consulted on the project. The court found that Canada failed "to engage, dialogue meaningfully and grapple with the concerns expressed to it in good faith by the Indigenous applicants so as to explore possible accommodation of those concerns." The court also found that the National Energy Board's review process on the project failed to include the impacts of tanker traffic releated to the pipeloine expansion. The decision stated that the "unjustified exclusion of marine shipping from the scope of the Project led to successive, unacceptable deficiencies in the Board’s report and recommendations." The government's approval of the pipeline expansion was nullified, halting construction. (Jurist)
Turkey's TRT World runs a report Aug. 15 recalling the Chontal Maya blockades of the Pemex oil installations in Mexico's southern state of Tabasco in 1996, to protest the pollution of their lands and waters. This is a struggle that is still being waged today by the Chontal of Tabasco, but back in 1996 the figurehead of the movement was Andrés Manuel López Obrador (known as AMLO)—now Mexico's left-populist president-elect. The report asks if AMLO as president will remain true to the indigenous struggle that first put him on Mexico's political map. In a segment exploring this question, TRT World speaks with Melissa Ortiz Massó of the Business and Human Rights Resource Centre and CounterVortex editor Bill Weinberg.
The Constitutional Court of Ecuador has issued a long-awaited ruling in favor of those affected by the transnational oil company Chevron, which operated through its subsidiary Texaco in Ecuador between 1964 and 1990. The court rejected the protection action that the company filed in 2013. In the 151-page ruling, the court denied Chevron's claim of violation of constitutional rights. Chevron will now have to pay $9.5 billion for the repair and remediation of social and environmental damage that, according to audits and expert reports, were a result of oil company operations in the Amazonian provinces of Sucumbíos and Orellana. The court found that Texaco deliberately dumped billions of gallons of toxic oil waste on indigenous lands in the Amazon rainforest.
Concern is mounting for the Democratic Republic of Congo’s vast forests and rich wildlife as logging concessions and licenses to explore for oil in protected areas are prepared ahead of presidential elections later this year. A moratorium on industrial logging, in place since 2002, has been broken with three concessions reportedly handed out by the DRC environment ministry to Chinese-owned logging companies since February. A further 14 logging concessions are expected to be granted within months, according to Unearthed, the Greenpeace investigative unit. In addition, reports referenced by Greenpeace indicate the government is preparing to reclassify large areas inside Salonga and Virunga national parks, both of which are UNESCO World Heritage sites.
A state of emergency has been declared in Barrancabermeja, the oil hub on Colombia's Río Magdalena, following a rupture on a pipeline delivering crude to the city's refinery from wells in the municipality's rural area. The March 2 spill at the Lizama 158 well, run by parastatal Ecopetrol, contaminated local waterways that flow into the Magdalena, and which local campesino communities depend on. The affected area includes habitat for jaguars (listed as "near threatened" by the International Union for the Conservation of Natuire) and manatees ("vulnerable"). March 26 saw a protest outside the Ministry of Environment and Sustainable Development in Bogotá, demanding acountability in the disaster. Óscar Sampayo, Barrancabermeja organizer for the Fracking-Free Colombia Alliance, called it a "catastrophe of unequaled magnitude" in a long history of oil spills in the area, and said the impacts could last 30 years. The Fiscalía General, Colombia's attorney general, has opened an investigation to determine if there is criminal liability in the spill.