The Indigenous Justice System: History of Limitations And Restorative Justice

by Eva Pechtl

This is the beginning of a series I will be writing about Indigenous justice systems. Though Indigenous people span across the world, I will be providing information specifically on policies and relations of the United States in this blog. Indigenous justice methods are compellingly distinct processes. In this opening post, I will first summarize the history of limitations placed on Indigenous justice and then explore traditions and values behind the restorative processes of Indigenous communities. 

 

Tribal police officers have alternative uniforms and badges sometimes with details representing the Indigenous culture of their community.
An image of a tribal police officer’s uniform and badge from the Salt River Pima Maricopa community in Arizona. Source: Yahoo Images via Flickr

 

History of Foreign Limitations on Justice Processes 

First, it is important to acknowledge the history of legislation put in place by the federal government that has greatly affected Indigenous justice systems. Constant structural changes imposed by colonizers resulted in wide variations between Indigenous tribal justice systems, meaning some are more similar to the US legal system than others. However, overarching this entire topic is the question of whether Indigenous, federal, or both governments presume jurisdiction over criminal offenses in Indigenous countries.  

This question was decided when the federal government essentially ended the exclusive Indigenous jurisdiction over crimes in Indigenous countries. Before exploring Indigenous justice practices, I would like to briefly contextualize the complex and confusing history of Indigenous jurisdiction. 

First, the General Crimes Act of 1817 extended federal jurisdiction over crimes committed on Indigenous land in cases where the defendant is non-Indigenous. At this time, the government only cared to interfere with crimes that involved non-Indigenous people. The Major Crimes Act in 1885 granted the federal government jurisdiction over serious crimes where the defendant is Indigenous, regardless of the victim’s identity. It originally listed seven offenses but has been increased to sixteen. After negotiation, tribal courts retained concurrent jurisdiction to prosecute Indigenous people for any conduct listed as a Section 1152 or Section 1153 felony. This means that an Indigenous defendant can be prosecuted by both the tribal justice system and the federal justice system for the same offense. This is because protection against double jeopardy in the Bill of Rights doesn’t apply to Indigenous nations.

Indigenous people gained more power to govern themselves in 1934 with the enactment of the Indian Reorganization Act. While it recognized tribal governments, the act offered money to those mirroring the U.S. Constitution, attempting to Americanize Indigenous societies. Many customs had disappeared, and Indigenous people were intentionally challenged to create self-government among distinct nations. 

Next, Congress enacted Public Law 280 in 1953, requiring six states to assume civil and criminal jurisdiction on reservations, meaning the federal government gave up jurisdiction over Indigenous people to those states. This law was opposed by Indigenous nations because it was an unconsensual process that further complicated and failed to recognize tribal self-determination. 

The Indian Civil Rights Act in 1968 offered states civil and criminal jurisdiction with the “consent of the tribe” over crimes in any Indigenous country in the state. It limited the sentencing powers of tribal courts but did not require the separation of church and state because of the importance of spirituality in all processes. The Tribal Law and Order Act in 2010 intended to improve tribal safety, slightly increasing tribal sentencing authority to a maximum of 3 years and a $15,000 fine. However, these new privileges were dependent on the imposition of further regulations regarding due process protections in tribal courts.  

Finally, the Violence Against Women Act (VAWA) in 2013 authorized tribal courts special jurisdiction over non-Indigenous offenders in domestic violence cases. This was a landmark shift from the Supreme Court decision Oliphant v. Suquamish Indian Tribe in 1978, which held that tribal courts have no authority to prosecute non-Indigenous people, even if the victim was Indigenous. The VAWA was amended again in 2022 to expand special tribal jurisdiction to a list of covered crimes, including child and sexual violence, sex trafficking, and assault of Tribal justice workers. Indigenous courts can now prosecute and sentence regardless of the offender’s race for crimes against Indigenous victims that had commonly been ignored.

 

Indigenous people march and hold signs in the street to demonstrate their rights against colonization.
An image of Navajo people marching for the decolonization of Indigenous justice systems.    Source: Yahoo Images via Occupy Boston

 

Because of colonization, Indigenous peoples’ principles have gone unrecognized by America’s Anglo-centric justice system. Consequently, Indigenous nations retain limited power to create a befitting legal structure that administers justice. However, they continue to persevere and have cultivated distinct methods, such as restorative and healing practices. 

 

Harmony and Balance in Restorative Justice 

In Indigenous communities, restorative court systems are similar to traditional systems where a council of tribal elders or community leaders will facilitate conversations to resolve interpersonal problems. In this type of resolution, the compliance of the offender is necessary for the families involved. Most importantly, this process attempts to heal the underlying means for a crime, preventing repetitive behavior and aiding the offender’s reintegration into the community. These types of meetings are also known as forums and can be conducted within families and communities. 

In various areas of North America, circle sentencing reflects traditional Indigenous peacemaking aspects and has proven to be an effective approach to healing the offender, the victim, and the community. Specific practices vary by tribe, but the idea is to address participants’ feelings about how offenders can begin making up for their actions. Circle sentencing produces better satisfaction and healing, breaking the cycle of crime and allowing people to reconnect with spiritual traditions with the help of their community. In common Indigenous views, justice and spirituality are deeply connected. 

 

Restorative justice intends to improve ties between the offender, the victim, and the community to create a healing-centered process.
An image of a Venn diagram showing restorative justice goals of the overlapping healing between the victim, offender, and community. Source: Yahoo Images via eCampus Ontario Pressbooks

 

Tribal courts differ from other methods since they use written codes rather than being passed on through tradition. These judicial forums handle a range of legal problems and are led by judges from Indigenous communities. Most defendants or plaintiffs must represent themselves since the Indian Civil Rights Act does not ensure the right to legal counsel if individuals cannot afford an attorney. Tribal courts, interestingly, still tend to use family and community forums to handle interpersonal matters. This allows for alternative resolutions, sentencing, and victim-offender mediation. 

Indigenous courts intend to restore harmony and balance to one’s spirit, following the belief that people who are whole do not act harmfully. Judge Joseph Flies-Away from the Hualapai Nation says, “People do the worst things when they have no ties to people” and that “Tribal court systems are a tool to make people connected again.” 

 

Incorporation of Values In Peacekeeping Systems 

Indigenous peacekeeping systems promote the resolution of underlying problems and make an effort to keep relationships strong. Indigenous justice represents a holistic approach where communication is fluid rather than rehearsed. They recognize that argument is not an effective approach and that discussion is vital to review a problem in its entirety. Indigenous justice is inclusive of all affected individuals, different from the American justice system, which often excludes participants. 

The talking circle is common in Indigenous justice methods with no beginning and no individual in a dominant position. The colors red, black, white, and yellow can symbolize diversity in the human race, among other interpretations varying by tribe and tradition. A token, commonly a feather, is passed around the circle, encouraging all participants to have equal chances to speak freely and honestly.
An image of the Mi’kmaw culture symbolizes the talking circle with no beginning and no individual in a dominant position. The colors red, black, white, and yellow can symbolize diversity in the human race, among other interpretations varying by tribe and tradition. A token, commonly a feather, is passed around the circle, encouraging all participants to have equal chances to speak freely and honestly.
Source: Yahoo Images via Mi’kmaw Spirit

 

The Navajo Nation’s peacemaking process centers on the individual and helps an offender realize that what they have done is incorrect. Instead of labeling and punishing individuals as criminals to prevent them from repeating the behavior, the Navajo way separates the action from the individual. Retired Chief Justice Robert Yazzie of the Navajo Nation Supreme Court states that the process is related to k’e, meaning to restore one’s dignity and worthiness.  

What I find particularly remarkable about these concepts of justice is that, instead of adopting an immediate punitive approach aimed at simply removing the offender, the system focuses on correction and rehabilitation. Offenders are obligated to verbalize their accountability and take responsibility for changing their behavior. Instead of releasing the offender after their time is served, the system supports reparations to the victim(s) and community involving apology and forgiveness. These Indigenous restorative justice approaches are distinct from America’s legal process, which focuses on labeling and punishing the offender. Furthermore, traditional types of justice are able to promote communal healing and support in reintegration rather than hiring professionals to dispute a case with little interest in the community. 

 

An image of rocks stacked progressively higher symbolizes restorative justice practices of rebuilding an offender’s ties with society as they take accountability for the harm they have done.
Source: Yahoo Images via Policy Options

 

Indigenous leaders continue struggling to ensure that their justice systems are meaningful to their people. We rarely consider Indigenous justice systems, but maybe we ought to start. Please stay tuned for my next blog in this series, expanding on current struggles imposed on the Indigenous justice system and its people. 

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.

Mounting Peril: COVID-19 in Mexico

As the novel coronavirus (COVID-19) expands throughout the United States (U.S.), its impact has rapidly reached vulnerable communities south of the border. As the 10th most populous country in the world, Mexico is beginning to experience an influx in COVID-19 cases and, especially, deaths which has exacerbated many inequalities throughout the country. This blog addresses Mexico’s relevance in the COVID-19 pandemic and how it has influenced human rights issues concerning gender-based violence, indigenous peoples, organized crime, and immigration.

As of late-August, approximately 580,000 Mexicans have been diagnosed with COVID-19, while over 62,000 have died from the virus. Mexico’s capital of Mexico City is currently the country’s epicenter with over 95,000 confirmed cases of COVID-19. North of the capital, Guanajuato is nearing 30,000 confirmed cases as the second-largest hotspot, while the northern border state of Nuevo León has nearly 28,000 confirmed cases. Additionally, on the Gulf side, Tabasco and Veracruz are each nearing 28,000 cases of COVID-19. Interestingly, the southern border state of Chiapas, which has a large indigenous population, presumably has the lowest death rate (<1 death per 100,000 cases) which ignites concern about access to COVID-19 resources throughout this treacherous nation.

Gender-Based Violence

Mexico is on track to set an annual record for number of homicides since national statistics were first recorded in 1997. Femicide, which is the murder of women and girls due to their gender, has increased by over 30%. In the first half of 2020, there were 489 recorded femicides throughout Mexico. Much of this violence is attributed to the increased confinement of families since the arrival of COVID-19. For Mexican women, these atrocities are often the result of domestic abuse and drug gang activity which have both been on the rise. Regardless of how and why these acts are committed, it is plain to see that the vulnerability of women in Mexico has been exacerbated during the COVID-19 pandemic.

Mexico’s President, Andrés Manuel López Obrador (often referred to as AMLO), has been notorious for downplaying the country’s proliferation of gender-based violence. Despite an 80% increase in shelter calls and 50% increase in shelter admittance by women and children since the start of the pandemic, AMLO has insisted 90% of domestic violence calls have been “false”. As part of the COVID-19 austerity response, AMLO has slashed funds for women’s shelters and audaciously reduced the budget of the National Institute of Women by 75%. This all comes after the country’s largest ever women’s strike back in March, which AMLO suggested was a right-wing plot designed to compromise his presidency. AMLO has consistently scapegoated a loss in family “values” as the reason for the country’s endless failures while he promotes fiscal austerity during a global crisis.

Indigenous Peoples of Mexico

In Mexico’s poorest state, Chiapas, many indigenous peoples are skeptical about the COVID-19 pandemic. This is largely attributed to their constant mistrust of the Mexican government which views state power as an enemy of the people. As such, conspiracies have emerged such as medical personnel killing people at hospitals and anti-dengue spray spreading COVID-19, the latter inspiring some indigenous peoples to burn several vehicles and attack the home of local authorities. Nevertheless, Mexico has confirmed over 4,000 cases and 600 deaths of indigenous peoples throughout the country. The Pan American Health Organization (PAHO) suggests fostering better relationships with traditional practitioners can help limit the spread of COVID-19 in indigenous populations. Additionally, community surveillance efforts and communication through local language, symbols, and images will better protect Mexico’s indigenous populations.

Recently, 15 people at a COVID-19 checkpoint in the indigenous municipality of Huazantlán del Río, Oaxaca were ambushed and murdered. The victims were attacked after holding a protest over a local proposed wind farm, while the perpetrators are presumed to be members of the Gualterio Escandón crime organization, which aims to control the region to traffic undocumented immigrants and store stolen fuel. In 2012, members of the Ikoots indigenous group blocked construction of this area because they claimed it would undermine their rights to subsistence. This unprecedented event has garnered national attention from AMLO and the National Human Rights Commission (CNDH) as they seek to initiate a thorough investigation. As demonstrated, existing land disputes have been further complicated by the presence of COVID-19 and have thus drawn Mexico’s indigenous peoples into a corner of urgency.

Organized Crime

Over the past 50 years, more than 73,000 people have been reported missing throughout Mexico, although 71,000 of these cases have occurred since 2006. Frequently targeted groups are men ages 18-25 who likely have a connection with organized crime and women ages 12-18 who are likely forced in sex trafficking. This proliferation in missing persons is largely attributed to the uptick in organized crime and drug traffic-related violence that has plagued the country. Searches for missing persons have been stalled since the arrival of COVID-19 which counters the federal government’s accountability, namely AMLO’s campaign promise to find missing persons. AMLO insists that the government countering the drug cartels with violence, like Mexico’s past administrations, is not the answer. However, many analysts argue his intelligence-based approach has emboldened criminal groups, namely with homicides, during the COVID-19 pandemic.

On the other hand, with many Mexicans unable to work and put food on the table, drug cartels are stepping up to fill the void. The Sinaloa cartel, which is one of Mexico’s largest criminal groups and suppliers of Fentanyl and heroin, has been using their safe houses to assemble aid packages marked with the notorious Joaquín “El Chapo” Guzmán’s liking. Although this tactic has long been used by the drug cartels to grow local support, the COVID-19 pandemic has served as an opportunity to further use impoverished Mexicans as a social shield. These acts of ‘narco-philanthropy’, which is one of the many weapons employed by the drug cartels, has enraged AMLO who has relentlessly defended his administration’s response to COVID-19. This irony reveals how growing incompetence from Mexico’s government has left its people vulnerable to not only the pandemic of a generation but more drug cartel activity.

Immigration

With the U.S. government extending its border closures into late-August, tensions mount for the migrants who seek a better life in the U.S. In addition, with a growing number of COVID-19 cases in Arizona, California, and Texas, governors from Mexico’s northern border states have demonstrated reluctance to let Americans enter the country. These reciprocal efforts have made it exceedingly difficult for migrants, namely from Haiti, to seek asylum. As a result, the Mexico-U.S. border town of Tijuana has become a stalemate for 4,000 Haitian migrants in addition to another 4,000-5,000 in the Guatemala-Mexico border town of Tapachula. This has contributed to an economic crisis where there is no work available and people face the risk of being promptly deported, effectively nullifying their treacherous journey to Mexico.

Many undocumented migrants are afraid to visit Mexico’s hospitals due to fears of being detained which would introduce harsh living conditions that put them at greater risk of COVID-19. Across from Brownsville, Texas, in the Matamoros tent encampment, aggressive isolation efforts were enacted after it was discovered that a deported Mexican citizen had COVID-19. To curtail to risk of COVID-19, the mostly asylum seekers are now expected to sleep only three-feet apart, head-to-toe. On the other hand, some Mexican nationals are crossing the Mexico-U.S. border into El Paso, in addition to Southern California, under the travel restrictions loophole pertaining to medical needs. This influx is largely attributed to the lack of resources, such as oxygen and physical space, seen in many Mexican hospitals. As such, COVID-19 resource limitations are endured by both asylum seekers and medical migrants.

Woman sitting in front of a poster that includes pictures of femicide victims.
DRG Photo Contest Winner. Source: USAID U.S. Agency for International Development, Creative Commons.

Human Rights in Mexico

As shown, issues notoriously attached to Mexico, namely femicide, indigenous autonomy, organized crime, and immigration, have been further complicated by the COVID-19 pandemic. Femicide has grown due to a culture of misogyny that has proliferated during the lockdown. Indigenous communities have developed more distrust for the federal government, particularly as it relates to public health and land rights. Organized crime groups have extended their reign of terror on the Mexican people by weaponizing the effects of COVID-19. Immigrants, mainly from Central America and the Caribbean, are not only running from their dreadful past but also face the challenging prospects of a world with COVID-19.

As a global influence, Mexico fosters the responsibility to uphold international standards related to women’s rights, indigenous rights, and immigrant rights. Despite each of these issues having their own unique human rights prescription, they could all be improved by a more responsive government. This has rarely been the case for AMLO who has consistently minimized the urgency, and sometimes existence, of human rights issues in Mexico. Furthermore, austerity measures provoked by COVID-19 should not come at the expense of Mexico’s most vulnerable populations because they exacerbate existing inequalities and serve as a basis for future conflict, insecurity, and violence. One of the most important ways the Mexican government can limit these inequalities is by properly addressing the war on drugs which includes closing institutional grey areas that foster crime, strengthening law enforcement, and ensuring policies carry over into future administrations. All the while, the U.S. must address its role in Mexico’s drug and arms trade. Confronting these growing concerns from both sides of border is the only way Mexico while encounter a peaceful, prosperous future.

Eugenics in Peru

Indigenous Peruvian woman carrying her child on her back with mountains in the background
Quechua Woman and Child. Source: Quinet, Creative Commons

Many people don’t know what the eugenics movement is. Others know what it was, but think it was restricted to Germany’s sterilization—or making people unable to reproduce—of millions of people they saw as unfit: Jews, people with mental and physical disabilities, and the LGBTQ community, among others. However, Germany was not the first or the last to sterilize certain citizens in an attempt to “better the gene pool”; the United States’ policies actually inspired Hitler’s eugenic goals. After WWII, the United States publicly condemned sterilization and eugenics, but the last forced legal sterilization in the country wasn’t until 1981.

Eugenics has operated as a science of improving humans, whereby the procreation of the people deemed fit is promoted and procreation of those deemed unfit is limited. Proponents of eugenics believe nature wins in the nature vs nurture fight; if you’re born into poverty, it’s because you have a gene that’s keeping you there. Throughout history, the groups of people that were deemed unfit were those in low socioeconomic groups, minorities, and epileptics, most of which were women—basically, the people that didn’t fit the mold. They did this under the broad and vague diagnosis of “feebleminded”.

While the sterilization of poor and minority women in the United States is over, eugenics still goes on today. There are groups of people targeted by the modern eugenics movement—one of which is indigenous people. In Peru, almost 300,000 people—mostly poor, indigenous women living in rural areas—were sterilized between 1996 and 2000. Most of these sterilizations were forced or coerced, and some even led to death.

Then President Alberto Fujimori ran on a campaign of expanding health care and lowering poverty rates. However, instead of providing contraceptives to indigenous women, doctors forced sterilizations on them. Fujimori claims that doctors that forcibly sterilized women were not following the strict regulations that were put in place to prevent these occurrences. However, many of the doctors who performed these sterilizations have revealed they were given quotas to fulfill: “Dr. Hernando Cevallos… received an order to sterilize 250 women in 4 days in 1997.”

There were many ways doctors reached their quotas. Some sent public health officials to the homes of women with large families and pressured them to be sterilized even if they wanted more kids. For example, officials visited Gloria Basilio multiple times until she finally agreed. When she changed her mind in the operating room, they restrained and blindfolded her so they could continue with the surgery. Some of these women are illiterate or don’t speak Spanish at all, so the officials took advantage of that and got them to sign the consent forms without them understanding the procedure. Other officials never tried to get informed consent. Women have been pressured to be sterilized moments after giving birth.

These women have been affected in a far greater way than just being unable to have children. One woman had serious medical complications, which were written off by the doctors. She died less than two weeks later at home. She is not the only woman to have sterilization disable or kill her.

Aside from medical complications, they also experience social and mental complications as a result. In the indigenous culture, women are expected to have many children, and women who have been sterilized can no longer serve that purpose. These women can lose a sense of purpose in themselves and also lose the people close to them who were counting on them to have children. Maria Elena Carbajal, a woman who was pressured into a sterilization after giving birth at the hospital, lost her husband because he thought she had willingly been sterilized so that she could be unfaithful without consequences. She found another partner, but he also left her because she could not provide kids. Additionally, these women have to face the fact that they will never have more children—while some will have none at all. Florentina Loayza was only 19 years old when she was forcibly sterilized. She hadn’t had kids, but she wanted some, and she often felt “a deep sadness” whenever she saw a baby.

Another profound impact this has on many women is their connection with religion. Some religions, Catholicism included, believe that sterilization is a sin and that those who have been sterilized, voluntarily or not, have sinned. Justina Rimachi was told by nuns that she could no longer come to church because she had been sterilized. The stigma felt within the walls of a place that felt like home were only relieved by the forgiveness from the priest. He did not tell her it was not her fault, but he did not tell her to leave, so she was grateful.

The crimes against these women were atrocious, and luckily, they are starting to receive attention. In November of 2000, Fujimori stepped down after ten years of presidency. It wasn’t until 2009 that he was arrested and sentenced for some of his crimes, but none of them were for the sterilizations that occurred under his regime.

Some women and their families have received settlements and the Peruvian state promised in 2003 to conduct investigations. However, the Peruvian state continues to deny that the government had a part in the forced sterilizations. They blame instead the public health officials and medical practitioners. To this day, the Peruvian government, which is no longer under the control of the Fujimori regime, has not issued apologies or reparations to the survivors and their families.

While the government continues to deny its role in the sterilization of indigenous people, activists and human rights organizations are trying to call global attention to these injustices. One group, The Quipu Project, has used a free telephone service to collect the stories of over 150 people who have been sterilized, and the number continues to grow. You can hear these stories on their website in Spanish and in English. Not only is this campaign used to bring international awareness to this issue, but these stories are also being used by people fighting for justice within Peru.

Outside the Frame: Where is the Native Story in American Art?

Painting of a green landscape with the sun shining down.
Wyoming Valley, Pennsylvania. Source: The Met, Creative Commons

On Monday, March 9th, the Institute for Human Rights co-sponsored an event alongside College of Arts & Sciences and Abroms-Engel Institute for the Visual Arts (AEIVA) to present a panel discussion with Dr. Deidra Suwanee Dees (Director/Tribal Archivist – Poarch Band of Creek Indians), Dr. Tina Kempin Reuter (Director – Institute for Human Rights, UAB), Oakleigh Pinson (Guest Co-Curator – Focus IV Exhibition, AEIVA), and moderator John Fields (Senior Director – AEIVA). During their discussion, they addressed the Native erasure from American art and pathways to greater representation.

The discussion began with mention of Manifest Destiny, which were the events that led to the removal of Natives throughout North America. This effort was influenced by the ‘doctrine of discovery’ that painted non-Christians as pagans and, thus, targets of oppression. The Indian Removal Act of 1830 affected tribes throughout the Southeast, namely the Poarch Creek Indians who are the only federally recognized Native tribe in the state of Alabama.

Thus, many works of art in U.S. museums do not include depictions of Natives. In contrast, many paintings of the American frontier include landscapes without people, although sometimes incorporating wildlife, which conveys the message that this land was simply there for the taking. These portrayals also hide behind the altered and destroyed scared sites that were once home to millions of Natives.

Woman with a ceremonial indigenous dress presents artwork as onlookers listen.
Dr. Dees presenting art to the audience. Source: UAB Institute for Human Rights

Such treatment has resulted in harsh living conditions where nearly a quarter of the U.S. Native population reside on tribal lands riddled with unemployment, inadequate housing, and limited facilities. These conditions serve as a harvest ground for poor access to resources that translate to health disparities related to heart disease, suicide, tuberculosis, etc. Native women are particularly at-risk in these harsh conditions because thousands every year go missing or are found murdered, thus inspiring the #AmINext awareness campaign in Canada.

During the Q&A segment, an audience member asked if this type of art could be considered propaganda. Dr. Dees suggested that suppression of art is a red flag because it limits expression, although she then claimed that art can also be created to facilitate social change. The conversation then evolved into a discussion about film depictions of Natives and the involvement of indigenous peoples in the United Nations. These sentiments centered on the general theme that Native representation is not only missing in art but also popular culture and politics.

Ultimately, the erasure of Native perspectives whitewashes what is to be told and understood. As such, it is imperative these wrongs are corrected through fair representation of Natives in the media and political arena. Recognizing the rights of indigenous peoples not only brings us closer to the full realization of human rights but also prevents history from painting with a broad brush.

MAUNAKEA & THE FIGHT TO PROTECT SACRED LAND

Image of Mauna Kea protectors blocking the road
TMT blockade on Mauna Kea. Source: Occupy Hilo, Creative Commons/Flickr

A $1.4bn observatory called the Thirty Meter Telescope (TMT) is slated to be built on Maunakea, a mountain on Hawaii’s Big Island, this year. This telescope would be the largest in the Northern Hemisphere and would provide images more than 10x sharper than those from the Hubble Space Telescope, allowing astronomers to explore even deeper into space. Yet, while the construction of a new telescope on a tall mountain might seem like a neutral endeavor, it is rife with issues of justice.

The construction of TMT was initially stopped in 2015 when Native Hawaiians and allies blocked the road to construction crews for months until the Hawaiʻi Supreme Court officially stopped construction that December. Then in 2019, developers were given the go-ahead to once again begin construction. In response, protesters (or as they prefer to be called protectors) turned out to block the road, with the protest coming to a head in July, when 38 kūpuna (revered elders) were arrested and Hawaii’s governor, David Ige, signed an emergency proclamation giving law enforcement more control over the area and allowed them to bring in National Guard troops. However, the protectors did not back down and have been camped at the road ever since.

In December, protectors at the Mauna Kea Access Road removed barricades and shifted their camps to the side of the road for the first time, opening the access road to all traffic except construction equipment as part of a deal with Mayor Kim. In return, the Mayor promised, “that no attempt will be made to move TMT construction equipment up the mountain for a minimum of two months.” Protectors hope this time can be used to influence decisionmaking in other arenas. While this update does look promising, in January the trial for the first group of protectors arrested began and has so far highlighted the opposing viewpoints of this protest. According to Deputy Attorney General Darrell Wong “These defendants may have characterized their actions as kapu aloha and peaceful, but nonetheless it involved a plan, an organized plan, something that was calculated and basically something that was unjustified.” Yet the protectors and their attorney view their actions as a response to the government blocking the activists from practicing their religion and culture, which is protected under the law.

Sacred Land

Picture of Mauna Kea in Hawaii
Mauna Kea Hawaii. Source: Eric Tessmer, Creative Commons/Flickr

The protectors are not anti-science, as some TMT supporters have claimed. They are not opposed to the scientific advancements brought by such a telescope but they are opposed to its chosen location. Maunakea is a sacred mountain that is said to connect native Hawaiians to the cosmos. According to the Maunakea Visitor Information Station, the mountain is the dwelling place of the goddess Poli’ahu, it is associated with the Hawaiian deities Lilinoe and Waiau, and the summit is considered the realm of the gods.

The construction of TMT would negatively impact the sacred land and the telescope would increase activities on the mountain, further degrading the environment. The mountain top is already home to 13 other telescopes and since multiple alternative sites were found by the board of directors behind TMT to be “excellent for carrying out the core science” of the observatory, it at first seems off that TMT supporters seem so committed to this location. However, if we take a step back to look at the issue it is easy to see the link between this current protest and the history of ill-treatment to native Hawaiians and the continued desecration of their native lands.

A Brief History of US Interference in Hawaii

The history of Hawaii was absent from all of my education. It had always been just the 50th state and an island vacation spot until I lived in American Samoa and decided to learn more about the history of US intervention in Polynesia. It was then that I learned about the fraught history of Hawaii, a history that I honestly should have known and could have at least guessed at if I had taken a moment to. Just as North America was colonized, so too was Hawaii and many continue to consider the island to be occupied by the US.

In 1887, King David Kalakaua was forced, at gunpoint, to sign a new constitution for the Kingdom of Hawaii, which stripped the monarch of the majority of his authority. The new constitution had been written by a group of white businessmen, many of whom were connected to the sugar and pineapple plantations on the island, who wanted the Kingdom to become part of the US. When the King died, his sister Lili’uokalani succeeded him and attempted to restore power to the monarchy. This action angered the same white businessmen and they formed a 13-member Committee of Safety which forced Queen Lili’uokalani to abdicate her throne. The Committee then proclaimed itself the Provisional Government of Hawaii.

President Harrison signed a treaty of annexation with the Provisional Government, but before it could be ratified, President Cleveland was elected and the treaty was withdrawn. President Cleveland also appointed a special investigator to investigate the events in Hawaii, who found that there had been a coup. He then ordered Queen Lili’uokalani to be restored to power, but the Provisional Government refused and declared Hawaii a republic in 1894. Soon after the US government officially recognized it as a republic. In 1895, Native Hawaiians staged mass protests and eventually took up arms to stop the annexation, but the protest was suppressed and the leaders, along with Queen Lili’uokalani, were jailed. In 1898, Congress passed the “Newlands Resolution” officially annexing Hawaii and, in 1959, it became the 50th state.

For decades, the use of the Hawaiian language was punished, Native culture was suppressed and a large military presence was maintained on the islands. Many Native Hawaiians remember these US policies explicitly designed to suppress traditional Native Hawaiian religious and cultural practices, and while no longer explicit, native culture is still being infringed upon.

Religious Protections?

Theoretically, sacred land disputes should not exist because of existing protections of religion in the US. The First Amendment to the Constitution guarantees the right for people to practice their own religion, with the first clause providing that “Congress shall make no law … prohibiting the free exercise” of religion and the second prohibiting Congress from making laws “respecting an establishment of religion”. Since sacred lands are part of the “religious” practices of many Native Americans they should be protected. Unfortunately, this has not been the case in the courts. In Lyng v. Northwest Indian Cemetery Protective Association, a group of Native Americans from the Yurok, Karuk, and Tolowa tribes objected to proposed road construction within the Six Rivers National Forest because it would destroy land that they held sacred. The district, appellate, and Supreme courts all agreed that the activity would indeed violate their religious needs, yet the Supreme Court ruled against them. The Court ruled that in this case, while the activity would adversely affect their religion and destroy the sacred location, the government was not prohibiting the practice of their religion and therefore construction could continue (Bowman, 1989).

The establishment clause of the First Amendment, prohibiting government endorsement of religions, has also proven detrimental to the fight for the protection of sacred lands. According to the Supreme Court ruling in Lemon v. Kurtzman, government actions must be secular in nature, or at least neutral, and must avoid “excessive entanglement in religion”. In practice, this has resulted in the protection of sacred lands by the government being ruled unconstitutional. Based on this decision, courts found that the National Parks Service’s 1995 Final Climbing Management Plan (FCMP) for Devil’s Tower National Monument violated the establishment clause because it placed a mandatory ban on climbing during June out of respect for local tribal religious practices (Bonham, 2002). In response, the ban was changed to a voluntary one and the case was dismissed, however, some in the climbing community still oppose the ban in any form arguing that they have a right to climb the Tower. While this might appear at least as a partial win for the tribes, what it illustrates is that protecting native sacred land sites is considered a governmental endorsement of religion by the courts and would, therefore, violate the establishment clause.

In short, the courts have continuously failed to protect sacred lands and to adequately protect the practice of indigenous belief systems and cultural practices. A point to think about in light of this failure is that the US Constitution and legal system are not culturally neutral. It is rooted in European legal traditions and Christain morality and theology. Just as culture shapes how individuals see the world, it also shapes how the legal system sees the world and responds to disputes. The Anglo-American legal tradition is capable of recognizing the “sacred” when it takes the form of a church structure, a sermon or a piece of art; but a mountain, a lake, a river? These places are empty until people make their mark. Therefore these sacred land disputes are not merely conflicts between individual rights and government or corporate power but are conflicts between different cultures and different ways of seeing and experiencing the world.

Final Thoughts

In the case of Mauna Kea, the mountain is holy and an integral element of native Hawaiian religion and culture, a culture that the US systematically tried to wipe out. The land in and of itself is sacred and deeply connected to the people and that should be respected. While the building of a telescope may seem neutral, it is not. It is the destruction and desecration of the mountain and cannot be separated from the history of colonization and occupation of the island. In the end, no telescope is worth dehumanizing others. Mauna Kea shows that science does not happen in a vacuum. It must critically examine who is benefitting from the information and at what cost.

As Kealoha Pisciotta, one of the protest leaders, put it, “For Native Hawaiians, there is a question of our right to self-determination as defined by international law, but I think it’s so much bigger than that,” said Pisciotta. “It’s about us learning to live and be interdependent.”

Kenya and Beyond: Including Human Rights in Conservation

Nelson and Maggie Reiyia watched in despair as their community slowly fell into decline despite tourism profits from nearby Maasai Mara National Reserve. As indigenous Maasai themselves, the Reiyias were determined to reinvigorate their community despite the massive forces of ‘big’ conservation and outside development. Thus, they set out to create the first Maasai-run conservancy in the history of Kenya and reconnect their people, culture, and livestock to the land and its wild inhabitants.

A Maasai man in traditional red clothing overlooks the Sekenani River. Nearby vegetation reflects off the water's rippled surface.
A Maasai tribe member overlooks the Sekenani River. The Sekenani restoration project is one of many local initiatives conducted by the Nashulai Conservancy. (Photo credit: The Nashulai Conservancy, http://www.nashulai.com/sekenani-river-restoration)

Historically, the Maasai and other Kenyan tribes occupied these lands until Western colonial powers began to forcibly move people to make room for themselves and their ever expanding game reserves. Sadly, there is a long history of colonial and post-colonial entities removing people from their lands in the name of conservation and game management. This tendency to ‘Other’ people unlike us – that is, to assume their inferiority as humans – continues to taint conservation and often results in counterproductive efforts to save endangered species.

Sadly, this model of conservation has been adopted the world over and partly stems from the assumption that Indigenous people lack the ability to govern themselves or the knowledge to sustainably manage their lands. Yet, in the case of the Maasai, they have occupied the landscape long enough for it to become an integral part of their culture and worldview. Of course this is hardy meant to reference to the outdated ‘noble savage’ cliché; rather, it is an attempt to force us to consider who was already managing these lands and critical resources before the colonizers arrived.

A herd of wildebeest and zebras meandering about the vast and empty Maasai Mara National Reserve.
A herd of wildebeests cross the Maasai Mara National Reserve. Every year the migration of these animals attracts tourists from around the globe. (Photo credit: Sherrie Alexander)

An additional assumption held by Western society and much of modern conservation is that people should be removed from their lands in order to establish pristine areas for wildlife. Enter the additional force of tourism – a massive economic influence that often turns sentiments against local populations thought to be spoiling the landscape, competing with wildlife, and over-hunting the animals we so desperately seek on our travels. Don’t get me wrong, tourism can be a positive source of income for a region. But when money takes precedence over people depending on ancestral lands, it is unethical at best.

Finally, we cannot forget the horrid calls to shoot poachers on-sight and emotional outcries against trophy hunting. In our Western need to anthropomorphize wildlife, especially the ‘cute’ or charismatic animals, we fail to see the socioeconomic complexities of people and place. We also have to remind ourselves these are not our animals to govern. These animals – if they can be thought of to belong to anyone – are clearly in the domain of the countries in which they reside and the people living among them. In other instances, certain animals represent a critical source of local income through legal trophy hunting. But as we saw with the ‘Cecil the Lion’ outrage, the Western world is appalled at the thought of killing a lion for any reason while giving little thought to the ribeye steak on our dinner plate.

Two zebras graze in the vast Maasai Mara National Reserve where the grass and sky both seem endless. Few people are seen aside from tour guides and tourists.
Zebras graze in the vast Maasai Mara National Reserve where few people are seen aside from tourists and their tour guides. (Photo credit: Sherrie Alexander)

Conservation is complicated so we have to look at the bigger picture. It is often as much about humans as it is about wildlife and ‘wild’ spaces. The combined result of ‘Othering’ indigenous populations and disregarding their traditional ecological knowledge, while simultaneously anthropomorphizing wildlife and claiming ownership over entire ecosystems, has led us to our current circumstances. While many conservation initiatives are beginning to take local and Indigenous voices into account, the unfortunate fact is that neocolonial conservation is alive and well.

Over the last decade I have watched as the push for social science integration with conservation biology has slowly gained momentum. Such calls for interdisciplinary approaches have arisen from the desperate need to better understand the multifaceted human dimension of conservation. ‘Fortress conservation’ and the forced removal of people from their lands, or lack of access to resources and profits from their lands, are outdated practices and clear human-rights violations. From conservation to tourism, local cultures have a right to be included. In fact, research from myself and others has demonstrated that when communities are intimately involved there is an increased likelihood of long-term conservation success.

The Nashulai model diagrams depicts their commitment to helping both people and wildlife while also preserving cultural heritage.
The integrated Nashulai model emphasizes the need to help both people and wildlife while also preserving cultural heritage. (Image credit: The Nashulai Conservancy, http://www.nashulai.com/)

After hearing Nelson and Maggie Reiyia speak at UAB about their indigenous-run conservancy and the advances they have achieved for both their cultural and biological heritage, I believe there is hope that we can shift the narrative of conservation to one that is more inclusive and ethical. Simply put, supporting initiatives like the Nashulai Conservancy can help push back against ongoing injustices and bring human rights to the forefront of conservation.

Sherrie D. Alexander, MA
University of Alabama at Birmingham, Researcher and Instructor of Anthropology
IUCN Primate Specialist Group, Section for Human-Primate Interactions, Member
Barbary Macaque Awareness and Conservation, North American representative

Land acknowledgement: The University of Alabama at Birmingham is located on the traditional lands of the Muskogee Creek Indians.  

 

 

The Rainforest is Burning: Fires in the Amazon

Trees in a swamp in the Amazon rain forest.
Swamp in Amazon rainforest. Source: Ivan Mlinaric, Creative Commons

On August 19, 2019, the sky of São Paulo, Brazil was turned black from smoke, bringing an abrupt awareness to a serious problem in the Amazon: it’s burning.  During the first eight months of this year, upwards of 74,000 fires were found burning in Brazil, most of which were in the Amazon and/or on agricultural land.  This was an 84% increase in the number of fires found during the same period in 2018, and the highest number found at one time in Brazil since 2010.  In August, the G7 (Group of Seven) held a summit to discuss issue related to climate change, biodiversity, and the oceans, where the countries involved agreed to give support and $20 million in response to the devastation in the Amazon.  Brazil’s President, Jair Bolsonaro, refused this offer, claiming that the country’s sovereignty was being the threatened. 

Why is this happening? 

There are a few different factors that have been attributed to causing the fires.  One is that some number of fires is normal, especially during this time of year, as it is a dry season.  Most of the fires are not naturally occurring, though.  Brazilian journalist Silio Boccanera says that many of the local people feel comfortable setting fires as they wish, as the government has not made efforts to prevent it. 

President Bolsonaro supports the deforestation of the Amazon because he sees it as place for development.  Because of this, his administration has not framed the preservation of the rainforest as being particularly important, making groups who want to clear land for farming do exactly that.  Boccanera believes that this, in combination with the expected fires of the dry season, has been the main cause.    

According to Mikaela Weisse from the World Resources Institute, cattle grazers and soybean growers are the main two groups who are clearing the rainforest due to economic interests.  Mining, timber, and development firms are also growing in the area as a result of Bolsonaro’s position on the rainforest.  Confirmation of the fact that humans have caused most of the fires comes from satellite photos showing “special pattern where we see a lot of fire hot-spots clustered around roads, agriculture and pasture areas that have already been cleared.” 

The Impact of the Fires on the Environment  

The increase of fires has had (and will continue to have) a serious impact on the natural world.  So far, 228 megatons of carbon dioxide have been released due to the fireswhich absorbs heat and contributes to climate change. 

There is also great reason to be concerned for the long-term well-being of the Amazon itself.  As a tropical rainforest, it has high levels of humidity and is not fire-adapted, meaning its vegetation does not have the special traits that the plants of drier climates have developed in order to survive or even thrive when fire is present.  According to Yadvinder Malhi, Professor of Ecosystem Science at the University of Oxford, it takes around 20 to 40 years to regenerate after a fire (assuming it has the chance to regenerate before a new fire begins).  However, any fires that do occur leave the surviving trees more vulnerable to drought and new fires than they were before.  Multiple fires every few years mean more long-term, permanent damage, potentially shifting large parts of the Amazon to a “degraded shrubby state.” 

As of August, 80% of the Amazon remained intact, but Malhi is concerned about how the combination of deforestation and climate change will impact the situation.  Due to the reduced rainfall leading to a drier climate, fires would be more likely to spread.  As Malhi points out: “If 30-40% of the Amazon was cleared, then there would be a danger of changing the forest’s entire climate,” which is hard to think about.  He does, however, also say that we are at an early stage in the situation, and that there is still enough to work to save the rainforest. 

Clearing Up Some Misinformation 

One claim that has been seen numerous social media sites is that the Amazon rainforest produces 20% of Earth’s oxygen.  According the BBC’s Reality Check, academics believe that the number is actually less than 10%.  Professor Malhi points out that a large part percentage of oxygen is produced by plankton and that, of the oxygen that is produced by plants on land, only 16% is produced by the Amazon.   

Even if the Amazon produced a full 20% of oxygen, this is still a misleading claim, because the Amazon absorbs close to the same amount of oxygen as it produces, “effectively making the total produced net-zero.”  The plants of the rainforest must reabsorb about half of the oxygen they produce to perform respiration and grow, and the soil, animals, and microbes also use some of it. 

This is not to suggest that saving the Amazon rainforest is not an important issue (because it certainly is)rather, it is to clear up some misinformation.  People have been known to point to misinformation as an argument against the importance of an issue, so it is important to address it when it is being spread.   

An area of the Amazon rain forest where trees have been cut down and burned.
Slash and burn agriculture in the Amazon. Source: Matt Zimmerman, Creative Commons

The Impact of Fires and Deforestation on Indigenous Peoples 

The deforestation of the Amazon has a severe negative impact on the indigenous people of Brazil.  Indigenous tribes rely on the rainforest in nearly every part of their lives, from food to clothes to medicine.  It is also an important part of their identity as a people.  Jonathan Mozower from Survival International says, “It’s hard to overstate the importance of these forests for indigenous peoples.”  The fires that are burning in the Amazon are eating away at the resources that are the foundation of their livelihoods.   

According to Mozower, this is “the worst moment for the indigenous people of the Amazon” since the military dictatorship that lasted until the 1980s.  In just a single week in August, there were 68 fires found and registered in indigenous territories and conservation areas. 

The indigenous people of the area are also being harmed by the fires’ impact on the rainforest’s biodiversity.  The Amazon rainforest contains the most diverse range of living things in the world.  For example, it is home to over 3,000 species of fish, and there are hundreds more that have not yet been discovered.  The diversity of the forest is what allows the life there to thrive, with different species depending on one another, such as fish helping to spread the seeds of trees.  The loss of some species leads to the loss of others, causing the rate of biodiversity loss to increase over time. 

As the Amazon loses more and more biodiversity, the indigenous people who live there lose more of their resources. 

This Is a Human Rights Issue 

According to Article 25 of the United Nations’ (UN) Universal Declaration for Human Rights, “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family.  This is also affirmed by Article 7 of the UN’s Declaration on the Rights of Indigenous Peoples (DRIP) states that “Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.”  

DRIP also addresses many aspects of the land and resources that indigenous peoples depend on (like in the Amazon rainforest).  Article 8 states that “States shall provide effective mechanisms for prevention of, and redress for actions that deprive them of their integrity as distinct peoples, or of cultural values or ethnic identities and any action that tries or succeeds at taking away their land or resources.  Article 26 identifies indigenous peoples’ rights to the lands and resources they have traditionally possessed, to own, use, develop, and control these lands and resources, and to have “legal recognition and protection to these lands, territories and resources” by the states they live in.  Article 29 states that “Indigenous peoples have the right to conservation and protection of the environment and the productive capacity of their lands or territories and resources.  Articles 30 says that governments should consult the indigenous people who live in the area before using their territories. 

The impacts of the fires and deforestation of the Amazon impede indigenous people’s access to these rights and must be dealt with. 

What Can We Do? 

When faced with the facts of the situation in Amazon, it is easy to feel hopeless about the future.  Here are some things that you can personally do to help. 

Donations 

One option is to donate to organizations aimed at fighting the deforestation of the Amazon rainforest and supporting the people who are impacted by it.  Survival International takes donations in order to fund their efforts to pressure the Brazilian government to keep loggers out of the rainforest in support of the Awá people.  The International Working Group for Indigenous Affairs aims specifically to help makes sure that the voices of indigenous people are heard. 

Rainforest Safe Products 

You can also try to only by products that are deemed “rainforest safe”.  Products that are “Rainforest Alliance Certified” come from “farms that passed audits and met standards for sustainability”.  Some goods that might have the seal for this certification include coffee, bananas, and chocolate.  Products that are made with wood can be “Forest Stewardship Council (FSC)” certified, meaning the wood used did not come from illegal logging and deforestation. 

Sustainable Living 

Another great option is to try to live a more sustainable life overall.  One of the best things that you can do is adopt a plant-based (vegan) diet or at least cut down on your consumption of animal products.  As it was previously mentioned, one of the biggest reasons for the clearing of the Amazon is cattle grazing and the farming of soybeans (which are mostly used to feed livestock).  According to the United States Department of Agriculture, Brazil is world’s largest beef exporter, “providing close to 20 percent of total global beef exports.  In 2017, the United States was the sixth largest importer of Brazilian beef, buying $295 million dollars’ worth According to the USDA Economic Research Service, the United States imported 140.9 million pounds Brazilian beef in 2019.   

Cutting down on the consumption of animal products is also a great way to live more sustainably, as 42% of the United States’ agricultural greenhouse gas emissions are from animal agriculture and “livestock accounts for between 14.5 percent and 18 percent of human-induced greenhouse gas emissions” worldwide. 

It main seem difficult, but it is possible for to make a difference as ordinary people.