ILO 169
Nevada lithium permit violates indigenous rights: HRW
Human Rights Watch (HRW) charged Feb. 6 that the US government's decision to permit Lithium Americas company to mine at Thacker Pass in Nevada violated indigenous people's rights by failing to obtain free, prior and informed consent (FPIC) in accordance with international law.
The 133-page report determined that the Bureau of Land Management (BLM) permitted the lithium mine without the FPIC of the Numu, Nuwu and Newe peoples. In the 2021 BLM decision to approve the mining project, the agency stated it had been contact with tribal governments since 2018 and that "[n]o comments or concerns have been raised during formal government to government consultation for the project by the tribes." HRW's report challenges that assertion, claiming there was no meaningful consultation, and that US courts have rebuffed all efforts by affected indigenous peoples to challenge the adequacy of the consultation process. The extent of the consultation, HRW alleges, was just three rounds of mailings sent to three tribal governments.
COP16 adopts agreement on indigenous peoples
The 16th meeting of the Conference of the Parties to the Convention on Biological Diversity (COP16) on Nov. 2 adopted several important agreements regarding an expanded role for indigenous peoples and local communities in biodiversity preservation efforts. A new agreement on Article 8J of the Convention aims to enhance the place of indigenous knowledge and participation in crafting the Global Biodiversity Framework.
First Nations challenge Ontario Mining Act
Six First Nations from northern Ontario announced Aug. 12 the initiation of a lawsuit challenging the provincial Mining Act, arguing that the legislation infringes upon their treaty rights and other guarantees under the Canadian Charter of Rights and Freedoms. The central contention is that the Act enables prospectors and mining companies to stake claims on Crown lands, including traditional Indigenous territories, without prior consultation, due to a digital claim-staking process that was introduced in 2018. This mechanism allows claims to be registered online within minutes, without the knowledge of affected First Nations.
Russia: indigenous rights groups designated 'extremist'
The Observatory for the Protection of Human Rights Defenders released a statement Aug. 2 urging Russia to refrain from designating groups advocating for the rights of indigenous peoples and national minorities as "extremist organizations." The statement follows a decision by Russian authorities a week earlier to thusly classify 55 such organizations. The Ministry of Justice cited a June ruling by Russia's Supreme Court banning "structural divisions" of the so-called "Anti-Russian Separatist Movement," which was defined as an "international public movement to destroy the multinational unity and territorial integrity of Russia." Involvement in the movement may result in a sentence of up to six years in prison—despite the fact that no such movement formally exists.
Protect indigenous rights in biodiversity framework
Amnesty International cautioned May 10 against potential threats to indigenous peoples' rights in the monitoring process for progress towards the Global Biodiversity Framework. The organization emphasized the imperative for states to engage in consultations with indigenous communities and secure their "free, prior, and informed consent" in conservation projects, in line with the Universal Declaration on the Rights of Indigenous Peoples.
Argentina: indigenous march against lithium mining
Thousands of indigenous people from the northwestern Argentine province of Jujuy arrived in Buenos Aires on Aug. 2 after marching cross-country to protest a provincial constitutional reform allowing greater lithium extraction from the lands they reside on. The marchers said that increased mining of lithium would exacerbate drought conditions, and cause soil contamination and other environmental damage. The protesters called on the Argentine Supreme Court to strike down the reform, saying indigenous voices were largely left out of the debate that led to its approval. Justice Minister Martín Soria asked the court to declare the reform unconstitutional in June, citing indigenous rights concerns.
Ecuador: indigenous rainforest defenders honored
Two indigenous leaders in Ecuador who successfully fought against mining on their ancestral lands were awarded the prestigious Goldman Prize for environmental activism on May 25. Alex Lucitante and Alexandra Narváez of the Cofán indigenous people organized patrols, and used drones and camera traps to document gold mining operations within their traditional territories. Their evidence was crucial in securing a legal victory that resulted in 324 square kilometers (125 square miles) of rainforest being protected from mining.
Paiute and Shoshone oppose Nevada lithium mine
Local indigenous peoples and their environmentalist supporters have rallied outside the federal courthouse in Reno, Nev., as they await a decision on their request for an injunction to stop the Thacker Pass Lithium Mine Project, set to be developed on public lands within the ancestral territory of the Paiute and Shoshone. Opponents have also established a protest camp near the mine site. If the injunction is denied, Lithium Nevada, a subsidiary of Canada-based Lithium Americas, will be able to move ahead with an archaeological survey in preparation for breaking ground on the mine.
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