Tag: indigenous rights

Brazil Decides in Landmark Court Case to Grant Land Rights to Indigenous

by Delisha Valacheril

Image 1. Indigenous Representatives Speaking with Local Leaders in Brazil. Source Flickr.
 Image 1. Indigenous Representatives Speaking with Local Leaders in Brazil. Source Flickr.

A jubilant celebration of color erupted as several indigenous leaders and activists gathered outside the courthouse adorned in tribal wear and brilliant headdresses to rejoice in the top court’s decision to rule in favor of their land rights. Dubbed the “trial of the century,” Brazil’s Supreme Court decided against a so-called cutoff date restricting Indigenous people’s claims to their traditional lands. Demarcation of ancestral lands is essential in preserving Indigenous human rights. By protecting these lands, indigenous communities can aid in conservation and preserve their cultural integrity. It is reported that 29% of the territory around indigenous lands in Brazil has been deforested, according to the Amazon Environmental Research Institute (Ipam). Now that the native people can access their roots, they can help preserve what is left. This decision also provides legal ramifications against land poaching or exploitation, which applies to several indigenous areas throughout the Amazon. Addressing historical injustices is a crucial step to ensuring that these communities can enjoy a more equitable and sustainable future.

Image 2. Tribal Chief at Land Protest. Source Flicker.

Context

On September 21st, the Federal Supreme Court had to decide whether or not the native people’s right to their territories predated the Constitution of Brazil formulated in 1988. The Justices followed the precedent set up by the Inter-American Court of Human Rights, which states that the right continues as long as their “material, cultural, or spiritual connection” with the land persists. This case has been brewing in the nation for quite some time. The dispute stems from Santa Catarina’s legal battle against the Ibirama-La Klãnõ Indigenous Land. The Xokleng tribe sought to regain their ancestral land from the state of Santa Catarina. The state used the “Marco Temporal” legal argument, which prohibited Indigenous Peoples who were not living on the land when Brazil’s current constitution was enacted in 1988 to apply for land demarcation. This is gravely prejudicial, given a significant part of the indigenous population was expelled and displaced during Brazil’s two decades of military dictatorship. Numerous tribal communities were killed and displaced due to that repressive system, which included the invasion of land, forced labor, displacement, and other human rights violations.

With this in mind, hundreds of activists have flocked to the capital, demanding respect for the rights that were stolen from them. These activists advocate for land traditionally occupied by indigenous people to be reserved for their perpetual possession. They are the natural owners of the land, so it should belong to them. They also argue that the natives can conserve the land much better than the local government. Traditional habits and customs of the indigenous are the most significant deterrent to deforestation. However, there are some critical opponents to this viewpoint. Individuals involved in the agribusiness sector and those on the far right are stronger than ever in National Congress, upholding the time limit principle. This decision opposes their farming interests because they want that land to grow their business. Currently, Indigenous reservations cover 11.6% of Brazil’s territory, notably in the Amazon. This area is rich in biodiversity, making it ideal for agricultural commodities. However, ruling against business interests could exacerbate violence against Indigenous peoples and escalate conflicts in the rainforest.

Image 3. Indigenous People Protesting Brazil Government. Source Flickr.
Image 3. Indigenous People Protesting Brazil Government. Source Flickr.

Historical Significance

The Xokleng, the tribe responsible for taking this case to the highest court in the country, was nearly wiped out by Italian settlers who were granted “uninhabited” land in the State of Santa Catarina by the Brazilian government during the 20th century. They were pursued by “bugreiros,” or hired hunters, who were sent into the forest to hunt down and exterminate the Amazon’s native inhabitants. After that mass extermination, how can the government uphold such a discriminatory precedent? The Xokleng are the rightful owners of the land because the Brazilian government forcibly removed them. Marco Temporal is a complete infringement on human rights. The tribe was almost decimated in the 1900s, and the law stated indigenous people living on the land past 1988 had a right to the land. Examining this from a historical viewpoint further illuminates the egregiousness of the situation. The Supreme Court of Brazil found this law inherently unfair because the same government that invaded indigenous lands could not decide on the legality of their land rights.

Conclusion

While this is a historic milestone for indigenous communities, the work is not over. Though land demarcation is critical in the pursuit to secure the rights of Indigenous Peoples, it does not, by itself, sufficiently protect ancestral land. We must hold the government accountable to implement an active, systemic policy that enshrines Indigenous rights from violence, especially violence committed by anyone who illegally trespasses into their territory. Additionally, they must have unhindered access to their territories. From a human rights standpoint, defending indigenous rights is critical because it resolves past wrongs, assures access to necessities, fights discrimination, and upholds justice, equality, and respect for the dignity of all people and communities.

The Separation Between Human and Nature

A Philosophical Take on the Detrimental Climate Effects of European Colonization in North America

A Native American elder wearing a traditional headdress made of beads and feathers.
Much Indigenous cultural and epistemological wisdom is passed down by their Elders. Source: Yahoo! Images

I would like to begin by recognizing that the land I sit on while I write was stolen in cold blood by European colonizers. On a once flourishing forest valley now sits tons upon tons of concrete. On land once occupied and cared for by Creek and Choctaw peoples now sits freshly mowed yellow lawns painted blue, overflowing drainage pipes, and office buildings filled with tired, underpaid workers. It is with a heavy heart that I mourn the loss of Indigenous people and their cultures at the hands of greedy White supremacist colonizers. With this article, I do not wish to convey that climate effects are the only or the most detrimental result of European colonization and their genocide of Native peoples. Life, culture, language, and knowledge, to name a few, are some of the more immense losses. The purpose of this article is not to reduce this catastrophic event to solely how it affects the climate today but to bring attention and reverence to Indigenous philosophies, traditions, and ways of life that can inform our modern discussions of climate change. 

As a precursor to this article’s more philosophical take, you may want to read about the historical contexts of colonization. In this case, please check out this article recently posted by my colleague here at the IHR, Kala Bhattar. 

Concrete Jungles

How do you provide for yourself and your family? 

Your answer probably involves producing a product or carrying out a service that society deems valuable enough to attribute money to you for it. You then use that money to buy food, water, and shelter from those in your community who produce or own it. Money probably plays a huge role in your everyday life, and if you’re anything like me, it’s probably one of the larger stressors on your mental health. How much of our lives do we have to sacrifice doing hard labor or sitting behind computer screens in order to make enough money to stay alive to do that work all over again? When was the last time you ate food that you or your loved ones didn’t spend money on? When was the last time you wandered into a forest to breathe unpolluted air and observe the plants and bugs that call your land home? Why does modern culture demand of us that we focus all of our energy on acquiring wealth and ignore our own mental health to do so?

A bright orange monarch butterfly sitting flat with wings open on a yellow flower.
The monarch butterfly has recently become endangered because of deforestation and climate change affecting their migration patterns. Source: Wellfield Botanical Gardens

Modern Western society does not live “at one” or in harmony with the Earth. We no longer heavily rely on nature and the climate, but increasingly rely on money and the economy. It’s as if this planet is solely a stomping ground for a “holier than thou” species to level out and cover in concrete. The Earth has been screaming back at us for years. We’ve seen endangerment of species such as the monarch butterfly, rising sea levels, and one of the worst wildfire seasons to ever be recorded. This is consistent with deforestation, the degradation of the ozone layer, and rising global temperatures. These are all aspects of the climate that human activity has affected. In North America, the notion that humans are separate from the ecosystem, that distancing oneself from nature is “more civilized,” and that relying on the flora and fauna of one’s homeland is “primitive” or “dirty” roots all the way back to 1492. 

Symbiotic Humanity

Before European pilgrims traveled over to the North American continent, the land was inhabited by vastly diverse Indigenous tribes and nations. Some of these tribes were nomadic and lived by moving around the landscape, hunting and gathering an array of foods as they traveled. Others were mostly stationary, growing crops and raising farm animals to provide for themselves and their communities. There were many groups with many different worldviews, religions, and philosophies. The one thing that united them all was their profound reverence for the forces of nature. They saw themselves as a part of the ecosystem of the land they lived on. It was an honor to raise crops and livestock and to participate in their homeland’s well-being. They promoted biodiversity, expressed empathy and gratitude towards the animals they ate, and valued cooperation in and between their communities. They practiced herbal medicine, tending to their sick and injured with natural remedies that they had identified to have healing properties. They even had their own forms of religion/spirituality centered around connecting one’s spirit to the Earth, feeling what Mother Nature needs, and providing that for her in exchange for her providing for them. The human population on the North American continent was thriving and developing. There was peace within and between nations for the most part. All of their needs were taken care of so they could focus on negotiations rather than violence. 

A drawing of three pilgrims meeting three Native Americans in front of the Mayflower.
Squanto (right of center) was a member of the Samoset tribe, known for being friendly to the European colonizers, teaching them language, agriculture, and traditions. Source: Yahoo! Images

Property and Greed

When the Europeans arrived, the Americans taught them how to live on their continent. They taught them how to grow crops in their soil, hunt for their own food, and use every part of the animal including the hide, bones, and meat. They were more than willing to allow these settlers to join them in their symbiotic relationship with nature. To them, more people meant a more diverse and stronger community to help each other out. 

One can imagine their surprise when the Europeans introduced them to greed. They introduced them to the ideas of personal property, wealth hoarding, and social status based on material goods. They saw all of this land as unclaimed and up for grabs since the Americans had no formal ownership system. They started violently enforcing this ‘property view’ of land onto the Americans. They would claim plots of land as their own and hoard all of the resources that could be obtained from it. They also were not fond of the Americans’ religion. They started threatening them with eternal damnation if they didn’t convert to Catholicism. They called them “primitive” for their symbiotic relationship with nature, and “savages” for their denial of Christianity. 

Centuries later, after colonizing the East Coast, the English-speaking Europeans separated from the British monarchy and believed it was their god-given manifest destiny to own the land all the way to the West Coast. So they loaded up their swords and crossed the Appalachian mountains, slaughtering and relocating the Native people along the way. Although many Native tribes had helped Great Britain during the Revolutionary War, Great Britain was nowhere to be found when the colonizers perpetuated their genocide.

A huge wildfire burns in front of a dark sky and behind a row of trees in Quebec.
This wildfire season has been the worst Quebec has ever seen. Indigenous people, while only 5% of Canada’s population, make up 42% of wildfire evacuees. Source: Global News. Click here to read more about the personal effects that these wildfires have caused Indigenous families and communities.

A Culture of Climate Apathy

Today, we live in a world where we mow our lawns once a month and call it environmental care. We plant uniform gardens outside our homes solely for aesthetics without caring that the ‘weeds’ we pull up are the only sources of food for certain butterfly and bumblebee species. We stomp spiders into our carpets for daring to wander onto our property. We spray poison on our foods so that humans are the only ones that can eat them, and we pack hundreds of cows into small barns with no ventilation to steal their children’s food for ourselves before slaughtering them when they stop producing. We can’t survive without constant air conditioning (partly because global temperatures have been consistently warming for over 50 years) and the air we share has record-high levels of carbon in it. 

We have taken ownership of the Earth and drained it of its resources. The Earth was never meant to be claimed for oneself; it was never meant to be commodified. It was never meant to be drained of oil to fill the pockets of wealthy CEOs. The Earth was meant to be shared by all its living beings. Similarly, humans were never meant to be in solitude. We were meant to live symbiotically with each other and with nature. Greed has divided us as one humanity; it murdered the Native American tribes and robbed the Earth of its biggest supporters. And I am afraid that Mother Nature might never accept our apology. 

 

Our Lost Indigenous Women

A protest, with placards displaying the faces and information of missing women
Source: Obert Madondo Via: Flikr/cc

The Problem

Indigenous women face overwhelming rates of violent crime, more than twice the amount of their non-Indigenous counterparts in the United States and 3.5 times in Canada. A 2016 study published by the National Institute of Justice revealed that approximately 84.3% of American Indigenous women have experienced violence against them in their lifetime and 56% of these women would become victims of sexual violence as well. In Canada, only 53% of Indigenous women’s homicides have been solved; drastically less than Canada’s national solve rate of 84%. That statistic becomes even more damning when we take into account that Indigenous females only make up 4% of Canada’s population, yet account for nearly one quarter of all homicide victims in Canada. For decades, Indigenous leaders, tribal governments and human rights organizations alike have called for national reviews in both Canada and the United States into the treatment of cases regarding Indigenous women. A publication from the US Department of Justice states that Indigenous female victims in the United States are far more likely to need services that aid survivors of such violence, but are the least likely group to have access to these services. The majority of Native American women will face physical or sexual violence in their lifetime, and more than a third will be unable to access necessary services after the event due to drastic disparities in access to healthcare and treatment by law enforcement. With each new set of data we have re-confirmed the existence of a plight sweeping through native communities, robbing women within them of their security, safety, and visibility. 

Marchers holding a banner that says "No more stolen sisters"
Source: Yahoo Images

Missing and Murdered Indigenous Women (#MMIW)

In recent years, social media pushes have been made to raise attention for what is now known as “Missing and Murdered Indigenous Women”, a simple catchphrase encompassing decades of neglect from all channels that is now spearheading a movement for justice. This hashtag and social media campaign generates hundreds of thousands of interactions and impressions on social media every day, and brings attention to the individual stories of missing indigenous women or families of women lost to homicides that are still unsolved. However, indigenous women rarely get the national media attention that white women experience when they go missing; and when every minute and resource makes an empirical difference in the likelihood of that woman being found alive. A prior article from the Institute of Human Rights speaks specifically about the recent Gabby Petito case, and the disproportionate response of the American public for missing white women in comparison to women of color and indigenous women here. These drastically different responses only amplify the vulnerability of indigenous women.

It is horrific to think about a situation in which no one will come looking for you if you go missing. That nightmare has become an internalized reality in so many indigenous communities, where young women are being raised with impressive levels of advocacy for their missing sisters, but are witnessing first hand how much of a struggle that advocacy is. Social media is beginning to catch up to decades of research that has been waiting for a time like now, where the general public may be ready to listen and push for change. The Murder Accountability Project (MAP) has tirelessly collected data on unsolved homicides in the United States to apply pressure on law enforcement in communities with disproportionately high unsolved homicide rates, and put a spotlight on communities that fail to report important information to federal databases. The Indigenous community is heavily reflected in both of those categories.

A broken chain of command and lack of communication is often cited for why so few of these reported cases are ever investigated, as local, state and federal law enforcement agencies struggle to find a balance of working with native land and sovereign tribes through the reporting process. Many violent crimes against indigenous women occur on sovereign native land, however, 96% of the perpetrators are non-indigenous. This causes major confusion as tribal governments are unable to prosecute non-indigenous persons, and most standard law enforcement agencies have no jurisdiction over any crimes that occur on native land. This complicated mess of jurisdiction and authority confuses law enforcement, tribal governments, and victims alike. 

Unfortunately, law enforcement has repeatedly made glaring errors that are impossible to ignore; tribal organizations have found that the United States National Crime Information Center recorded 5,712 reports of missing American Indian and Alaska Native women and girls in 2016, but the US Department of Justice’s federal missing persons database shows that only 116 of those 5,712 cases were never logged. Essentially, this information means that only 2% of all cases of missing indigenous women were properly reported. This cannot be ignored; many families, friends and loved ones are left wondering why our government has forgotten and neglected their sisters, mothers, wives and daughters. While the answer may not always be clear, movements like #MMIW are bringing this conversation to the forefront of politics and media. In order to provide justice for these women, we must demand increased preventative and investigative efforts to protect these women when they need it the most.

An infographic displaying data on missing indigenous women
Source: Reclaiming Power and Place: The Final Report of the National Inquiry into MMIWG VIA: Yahoo Images

Truths of Targeting

The vast majority of homicides of indigenous females go unsolved for years, and even the solved cases display how this systemic neglect has been repeatedly exploited. As determined by the FBI, “vulnerability” is a key factor in a killer’s process of victim selection; a category most indigenous women have been forced into by countless factors beyond their control. Prolific serial killers like Robert Pickton (Canada) and Robert Hansen (United States) specifically targeted indigenous women and sex workers during their killing sprees, and doing so allowed them to murder dozens of women completely undetected by law enforcement for decades. More than half of Pickton’s victims were thought to be aboriginal women, though many were never identified, and Hansen’s victims were often young indigenous women who had turned to survival sex work out of financial desperation. While describing research confirming how killers have manipulated vulnerabilities to their benefit, Co-director of MAP and criminologist Michael Arntfield determined that “Serial killers prey on marginalized populations, and indigenous women make up a disproportionate number in the victim pool”.

Sign stating "You are not forgotten" at a march for missing indigenous women
Source: Pressbooks Open Library Via: Yahoo Images

How to Help

There are many exceptional campaigns, research organizations and nonprofits to get involved that are currently on the forefront of the fight to end violence against indigenous women. If you wish to learn more about the topic, you can explore other Institute of Human Rights articles promoting Indigenous rights here, or click here to find an excellent resource sheet with educational sources and ways to get involved with MMIW. There are countless petitions for reform in both the US and Canada as well; this petition calls for the passing of Savanna’s Act, which will require the Department of Justice to update their missing persons database to better help identify missing and murdered Indigenous women and prevent further discrepancies in reported cases. This petition is a plea to the US Senate, calling for the Violence Against Women Act (VAWA) to be re-authorized and receive greater funding as VAWA increases abilities for tribal nations to prosecute non-native offenders as well as providing resources for responses from law enforcement on all levels when cases of violent crimes or missing women are reported. The Coalition to Stop Violence Against Native Women offers ways to donate, volunteer, attend community training, and other incredible opportunities to get involved in the movement. The Sovereign Bodies Institute utilizes donations to collect culturally-informed research on gender and sexual violence against indigenous peoples.

The only way to protect these women is to take drastic steps towards change. We can no longer ignore, deny or neglect the truths of everything both systemic and societal that has consistently failed the indigenous community, and the women within it. Please research, donate, volunteer, and find a way to become an advocate for the missing and murdered. We can have no more stolen sisters.

The Missing Case of Gabby Petito and the Cases of Missing Indigenous Women

Missing flyer of Gabby Petito depicting a picture of Gabby with the hashtag of America's daughter
Yahoo Images

On September 11, Gabby Petito, a young white woman who was travelling in a van and recording videos about her life with her boyfriend, was reported missing by her family. Petito’s popularity on YouTube and Tik Tok helped the story circulate like wildfire with true crime podcasts , national news channels , and intense investigation from officials and the general public. The fervent public engagement and dedication of investigative officials lead to Petito’s remains being discovered in less than a month in Wyoming. Within the last nine years 710 indigenous people, mainly women, have disappeared in the same area where Petito was found, and most cases have remained unresolved. Where was their national media coverage? Currently, 64,000 Black women are declared missing within America, but where is their media attention and public outcry? The case of Gabby Petito is an unfortunate situation and deserves to have the proper investigative force behind it. However, we must ask ourselves why cases like Petito’s, usually young white women gain the most awareness, while women of color, like indigenous women are often ignored on a local and national level. The power of the media and public opinion is significant. The interest of the public has been able to reopen cases and even apprehend criminals. Public outcry has secured justice for victims and their families,  which is recognition and treatment that indigenous women often lack.

Indigenous women with red hand painted over the mouth, presenting the voiceless and missing indigenous women
Yahoo images

The Mary Johnson Case 

On November 25, 2020 Mary Johnson, an indigenous woman of the Tulalip Tribe, went missing while walking to a friend’s house in Washington state. Over the span of 10 months, the search for Johnson involved a billboard on the interstate and local media coverage, which resulted in little development towards finding or arresting the perpetrator behind her disappearance. Local tribal police efforts have not recovered Mary Johnson’s body and have not made any arrests, despite having identified multiple people of interest.  

Why has such little investigative action occurred over such a long period of time? Abigail Echo-Hawk, chief research officer for the Seattle Indian Health Board, states that investigation by law enforcement is often delayed due to the “maze of jurisdiction” in the local county. The boundaries among the authorities overseeing the case must be distinguished between the federal government, state government, and the tribal police, this process is often complicated by the complex procedures of bureaucracy. Additionally, tribal authorities often lack jurisdiction or are limited in their ability to prosecute non-Native people for crimes committed on tribal land. The federal government, which carries the authority of persecution, often does not offer its services. The competence and empathy that Mary Johnson and her family deserve was undercut by governmental and legislative administrations who focused on avoiding responsibility rather than seeking justice, for Mary Johnson. Cases such as Mary Johnson continue to emulate the numerous, and neglected cases of missing indigenous women.  

Banner with the words "No more Stolen Sisters" at a protest for missing indigenous women
Yahoo Images

The Disparities in Media Attention and Investigation 

The discrepancy in the media treatment and public awareness of missing white women compared to missing women of color, including indigenous women, is referred to as “missing white woman syndrome.” The Lucchesi Sovereign Bodies Institute reports that from 2000 to 2009 local and state media covered 18% of homicide cases related to indigenous women and 50% of homicide cases related to white victims. The reporting of cases between white and indigenous victims is even dependent on the status of the victim, whether they are dead or alive. The Wyoming Survey and Analysis Center reports that white people are more likely to have an article written about them while they are still alive. Approximately 76% of articles written about white victims are published while the victim is still alive, but 42% of articles written about indigenous victims are written after the indigenous victim is found dead. Indigenous people are more likely to have an article written on them if they were found dead with 57% of articles being on indigenous missing people, but no articles about white missing persons which displays that white missing persons receive media recognition in a timely manner, before the victim has been found dead. The underrepresentation of indigenous women within media is alarming considering how there have been 5,712 missing cases since 2016, .  

The lack of awareness and ignorance surrounding the numerous cases of missing  indigenous women is ironic considering how indigenous women are at higher risk for acts of violence and should receive more awareness and protections. In fact, American Indian and Alaskan Native women living on tribal lands are murdered at rates more than ten times the national average, according to the U.S. Department of Justice. Publicity around these cases is crucial because these cases are not simply cases of missing people, but also cases of domestic violence, homicide, sexual assault, and sex trafficking which are rampant issues within indigenous communities. Compared to their white counterparts, indigenous women are 1.7 times more likely to experience violence, and 2 times more likely to be raped. More than half of indigenous women have experienced sexual violence (56.1%) and have been physically abused by their partners (55.5%). These acts of violence intrinsically violate and disregard the human right for indigenous women to exist in peace and security. Systematically, the safety and protection of indigenous women is neglected and allowed to continuously occur without intervention from the United States government.  

Why is there a Gap?  

Indigenous women’s rights advocates argue that indigenous women are often blamed for their own disappearances, thus resulting in a lack of empathy and effort from officials, media, and the public. 

Echo-Hawk, Seattle Indian Health Board chief research officer states that, “They’re [indigenous women] assumed to have run away, have substance abuse issues, or done something that justified them going missing or being murdered.”

Due to such prejudice and bias from authorities, the crucial initial period of search for a missing person is often lost because of the dismissal of families’ concern and refusal of investigative officers to report an indigenous woman is missing. Echo-Hawks details the common scenario as victim blaming where authorities ask questions like, “Did she run away? Was she out drinking?” and then dismiss family member concerns by saying their loved one will likely just come home in a couple of days. 

Beyond the biases of local authorities, such victim blaming can manifest into negative character framing within media coverage further leading to poor incentive for authorities and the public to display concern and initiative in resolving cases and serving justice for missing indigenous women. The Governor’s Taskforce on Missing and Murdered Indigenous Persons reports that 16% of articles about indigenous people involves negative character framing, emphasizing negative aspects of the victim’s life, family, and community that are unrelated to the crime itself.   

founders and members of the Na’ah Illahee fund
Yahoo Images
How can you help? 

The negligence of authorities and lack of media attention isolates Indigenous families in their search for their missing family member. 

A Seattle Native-led nonprofit Na’ah Illahee (NIF) launched the “Red Blanket Fund,” to provide support for families of missing and murdered Indigenous people. You can donate to Na’ah Illahee and other organizations like it. Additional organizations include, Missing and Murdered Indigenous Women USA and  National Indigenous Women’s Resource Center.  

The Keystone XL Pipeline and America’s History of Indigenous Suppression

A fake pipeline with the words "stop the xl pipeline" protesting the pipeline
Stop the XL Pipeline. Source: tarsandaction, Creative Commons.

On his first day in office, President Joe Biden signed an executive order canceling the Keystone XL Pipeline Project. The pipeline, which had severe environmental and human rights implications, has been on a long road towards failure. This pipeline was proposed in 2008 and has been referred to as either the Keystone XL pipeline or KXL. In 2015, the Obama administration vetoed the pipeline due to its potential threats to the climate, drinking water, public health, and ecosystems of the local communities. In 2017, the Trump administration reversed Obama’s veto, signing an executive order to advance the Keystone pipeline as well as a similar crude oil project, the Dakota Access Pipeline despite the many valid arguments made against the two pipelines. President Trump also issued a cross-border permit to the pipeline developer, a permit that had been long sought after for the developers. Since the approval, the Trump administration has been sued twice by environmental organizations and lost each time.

The Keystone XL pipeline was proposed by the energy infrastructure company TC Energy. It was proposed to be an extension of the existing Keystone Pipeline System, which has been in operation since 2010. The goal was to transport 830,000 barrels of crude, tar sand oil to refineries on the American Gulf Coast each day. Tar sands lie beneath the northern Alberta boreal forest. They contain a form of petroleum called bitumen, a relatively sludgy substance that can be turned into fuel. Because of the highly corrosive and acidic nature of the tar sands oil, there contains a higher likelihood that the pipeline will leak. A study set between the years 2007 and 2010 found that pipelines carrying tar sands oil spilled three times more per mile than pipelines carrying conventional crude oil. The southern portion of the pipeline, from Oklahoma to Texas, has already been completed. This portion of the pipeline is called the Gulf Coast Pipeline. The climate impact of a complete and fully operational Keystone XL would be drastic. It would increase mining by accelerating the production and transportation of crude oil. It has also been determined that tar sands oil emits 17 percent more carbon than other forms of crude oil. In 2017, the US State Department released a study which proved that carbon emissions could be between 5 and 20 percent higher than the original 17 percent estimation. This means an extra 178.3 million metric tons of greenhouse gas would be emitted annually, a similar impact to 38.5 million cars.

A few protestors with flags in front of the Washington Monument
Keystone XL protestors. Source: Victoria Pickering, Creative Commons.

President Biden’s executive order was a landmark achievement and a sigh of relief for indigenous and environmental activists alike. Indigenous leaders are encouraging him to go even further and cancel more controversial fossil fuel projects, such as the Dakota Access pipeline. Several indigenous leaders, including Dallas Goldtooth of the Mdewakanton Dakota and Dine nations and Faith Spotted Eagle of the Ihanktonwan Dakota nation, have seen Biden’s executive order as a sign of the administration keeping its campaign promise to work against climate change and work with indigenous communities. Many indigenous populations have fought for over a decade to defend their water and land rights against fossil fuel companies. Goldtooth called Biden’s decision a “vindication” of the hard work and struggle many indigenous communities have put forth in protest of the pipeline. Pipelines like the Keystone XL and Dakota pipelines as well as other fossil fuel projects actively pollute native land and water resources as well as consistently contribute to global warming due to their high greenhouse gas emissions.

A similar crude oil project, the Dakota Access Pipeline has received media attention in previous years due to the police and state reactions to the protests over its creation. This pipeline transports 470,000 barrels of crude oil from North Dakota to Illinois, over 1,172 miles. The pipeline continually threatens the sanctity of indigenous sacred lands and the purity and safety of the local water supply. The Standing Rock Sioux tribe has been one of the most vocal groups in working to oppose the creation of the Dakota Access Pipeline. There did occur a series of protests for many months, in opposition of the creation of the pipeline. The protests were primarily peaceful, with camps and prayer circles set up on the land where construction was to take place. However, despite youth and elderly leaders being in the front during the inevitable standoffs with police, Mace, tasers, and rubber bullets were used against the protestors.

A group of young protestors holding a red banner reading "indigenous justice is climate justice."
Indigenous Justice. Source: John Englart, Creative Commons.

The briefest look at American and Canadian history clearly shows that the pipeline situations are most certainly not the first instance of the government refusing to respect the lands, waters, and even peoples of indigenous groups. Until 2016, Canada officially objected to the United Nations Declaration on the Rights of Indigenous Peoples. Canada is considered one of the most water-rich countries in the world and yet many indigenous communities continue to be provided with inadequate access to safe drinking water which provides a large public health concern for these communities. The Canadian federal government refused to provide child and family services funding for indigenous children living on reserves, a purposeful discrimination tactic against indigenous communities. It has been determined that the pervasive violence against indigenous women amounts to genocide.

In the United States, there live over 5.2 million indigenous peoples and among them, 573 federally recognized tribes, numerous unrecognized nations, and many communities scattered across the North American continent, displaced by a long history of western oppression and forced assimilation. Between the years of 1778 and 1871 alone, the United States government has signed over 370 treaties with different indigenous nations, nearly all of which promised peace, defined land boundaries, and protection of land, water, and hunting rights. Based on the current status of indigenous peoples within the United States, it is evident that these treaties and those that followed were either never fulfilled or were manipulated to provide leverage for the United States government. President Biden’s executive order ending the construction of the Keystone XL is a very hopeful step forward, however it needs to serve as a pushing off point for the administration to continue furthering both environmental and indigenous rights.