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.
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.
Colombian authorities are clearly hoping that a return to stability following the peace pact with the FARC rebels will mean more international investment, and especially for the resource sector. But hydro-electric, fracking and mineral projects across the country are already meeting with peasant resistance—prompting state security forces to respond with repression. In the Rio Cauca Canyon of Antioquia department, the feared National Police militarized anti-riot force ESMAD has initiated the forcible eviction of campesinos who have refused relocation to make way for the floodplain of the massive Hidroituango dam project. Ironically, commuity leaders opposed to relocation in the municipalities of Sabanalarga and Ituango have reportedly been threatened by personnel in the employ of Refocosta, the firm contracted by the Medellín Public Utility to oversee environmental mitigation in the project. (Contagio Radio, Feb. 12) Ituango municipality has especially been the scene of a recent resurgence of paramilitary violence that has left hundreds of residents displaced.
Well, we hate to say "We told you so," but... We told you so. We've been told for the past several years now that the depressed oil prices were permanent, that thanks to fracking and the surge in US domestic production, the price was now immune to Middle East instability, dramatic spikes and "oil shocks" forever banished. Well, futures for Brent crude just hit $63.37 per barrel, with the spot price for West Texas Intermediate at $57.34. (Panorama.am, Investing.com) Creeping toward the $100 per barrel we were so recently assured was a thing of the past. OilPrice.com blames Trump's announcement that the US will move its embassy in Israel to Jerusalem, which has of course unleashed unrest in the Palestinian territories and instability fears across the Middle East. But the jump really began almost exactly a month ago, seemingly prompted by the leadership purge in Saudi Arabia. That brought the Brent crude price up to $62, its highest level since July 2015. (The Guardian, Nov. 6)
Community leaders throughout Colombia have spoken out against a proposal by the central government to limit the power of consultas populares, or popular referenda, to bar oil and mineral projects at the municipal level. Some are questioning the constitutionality of the government's plan to "fast track" a sweeping reform of the Organic Law of Territorial Ordering (LOOT) that would strip municipalities of the ability to restrict subsoil exploitation. Jaime Tocora of Comité por la Defensa de la Vida accused the government of "going over the heads of the communities and territories," and added: "The public good is with a clean environment, not the multinationals." (Contagio Radio, July 25)
More localities in Colombia are formally rejecting mineral and oil exploitation within their territories through popular consultas (consultations, or referenda). Two victories were reported July 9, as "no" votes prevailed overwhelmingly in the municipalities of Arbeláez, Cundinamarca department, and Pijao, Quindío. Celebrations broke out in the streets of Pijao as the results were announced. Mónica Flórez of the local Comité Ecológico said, "We went through the entire municipality, vereda by vereda, so that everyone could understand the importance of going out to vote in this consultation."
The latest in a series of popular consultas (consultations, or referenda) on local extractive projects took place June 4 in the municipality of Cumaral, Meta department, with residents voting overwhelmingly (7,475-183) to reject oil exploitation within their territory. The Chinese-owned company that hopes to drill in Cumaral, Mansarovar Energy, immediately challenged the legitimacy of the consulta before Colombia's Council of State, the supreme tribunal with jurisdiction over administrative issues. In a surprise ruling just two days after the vote, the Council of State found that the results must be binding. The ruling is still subject to review by Colombia's Constitutional Court. (El Espectador, June 6; Semana, June 5)
President Trump announced his decision June 1 to pull the United States out of the Paris Agreement on Climate, signed by 195 nations and formally joined by 147, including the US. The United States now joins Syria and Nicaragua as the only nations in the world not supporting the accord. Nicaragua, it should be noted, failed to join because the terms of the accord are not binding, and it was therefore considered too weak. Syria is consumed by internal war, and was iced from the negotiations by restrictions on its envoys traveling to the talks. The agreement, which seeks to limit global warming to 2°C above pre-industrial levels, came into force on Nov. 4, 2016, just days before Trump was elected. Each country sets its own commitments under the accord. The United States, second-largest emitter on the planet after China, had committed to reducing its carbon emissions by 26 to 28% below 2005 levels by 2025. It also commited up to $3 billion in aid for poorer countries to address climate change by 2020. (ENS, June 2; NYT, June 1; WP, May 31)