Without Indigenous leadership, attempts to stop the tide of destruction against nature will fail

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Tuesday, December 13, 2022

Craig Stennett/Getty ImagesAt the crucial COP15 nature summit in Canada, almost 200 countries are reckoning with the world’s extraordinary loss of the variety of life. Climate change, mining, urban development and more are threatening Earth’s biodiversity to an extent never before witnessed in human history. The conference will see countries negotiate a global 2030 plan, called the Global Biodiversity Framework, to set worldwide targets for a range of issues, from establishing national parks to habitat destruction. The framework will hopefully be delivered by next Monday (19 December). But so far, the draft text is lacking a fundamental element: adequate inclusion of language and perspectives from Indigenous peoples and local communities. Without Indigenous and local community leadership, any biodiversity targets will remain out of reach. Despite comprising less than 5% of the global population, Indigenous peoples protect an estimated 80% of global biodiversity. Yet, the capacity of Indigenous peoples and local communities to continue to exercise this stewardship is being actively eroded across the world. Issues of power and inclusion in the current draft framework must therefore be resolved. Indigenous and local community leadership is critical Indigenous land management delivers better outcomes for biodiversity – the fabric of life on Earth. Indigenous peoples influence management of more than a quarter of land on Earth. Indigenous lands account for at least 40% of global protected lands. And an estimated 80% of global biodiversity is on lands owned, occupied or used by Indigenous peoples. Read more: Indigenous lands have less deforestation than state-managed protected areas in most of tropics A 2019 study involving Australia, Brazil and Canada found total numbers of birds, mammals, amphibians and reptiles were highest on lands managed or co-managed by Indigenous communities. Another study last year looked at tropical forests in Africa, central and South America and the Asia Pacific region. It found deforestation rates on Indigenous lands were between 17 and 26% lower on average, compared to unprotected tropical forests worldwide. Yet, maintaining and expanding Indigenous forms of land management is threatened by other interests, such as mining, transport, energy production and distribution, and commodity production. The former Bolsonaro administration’s attacks on Indigenous rights in Brazil is a clear example. There, the combination of human rights violations and unsustainable extraction led to murders, cultural erosion, and degradation of forest ecosystems. Meanwhile, in the Pacific Islands, climate change reduces the capacity of local people to care for their ecosystems and threatens their livelihoods. For example, warming waters due to climate change will alter the breeding patterns and habitats of many coastal fish species. Indigenous and local knowledge is key to ensuring the resilience of marine ecosystems in the Pacific in the face of global environmental change. Resolving issues of power and inclusion The Global Biodiversity Framework is important because, if concluded, it will set more than 20 worldwide targets for biodiversity. One key target being negotiated is to protect 30% of land and sea by 2030, commonly referred to as the 30x30 Initiative. Another addresses inclusion and participation, particularly as it relates to Indigenous peoples and local communities. This target exists thanks to efforts of the International Indigenous Forum on Biodiversity. Read more: Avoiding climate breakdown depends on protecting Earth’s biodiversity -- can the COP15 summit deliver? But considerable disagreement still surrounds the language of targets such as these. In negotiated text, square brackets are placed around words on which countries do not yet agree. Much of the current text of the framework remains in brackets. As we enter the final week of negotiations, the extent of remaining disagreement is deeply concerning. There is a risk that, even if the framework is concluded, it will include, at best, heavily watered down targets. Indigenous representatives have raised significant concerns about the lack of language and perspectives of Indigenous peoples and local communities in the framework’s draft text. The International Indigenous Forum on Biodiversity highlights issues with the negotiation process as well as the text itself. For example, the 30x30 Initiative aims to use area-based conservation measures, such as protected areas or parks. Many Indigenous people are concerned about how this target could affect their rights. Indigenous people worldwide have experienced exclusion from their ancestral homes, often in the name of “conservation” or under the guise of “wilderness”. The rationale is that it’s necessary to remove people and their practices to protect land and seascapes rich with diverse life. For example, in South East Asia the traditional farming method of swidden cultivation has been banned or disincentivised as part of larger conservation programs, despite evidence that the practice supports livelihoods and ecosystem health. Such exclusion of Indigenous people ignores their important roles over millenia securing and maintaining biodiversity over lands and seas for thousands of years. The negotiation process makes it difficult for key voices to be heard. Large Ocean Island States of the Pacific – such as Fiji, Kiribati and Cook Islands – often have to negotiate as a bloc to ensure their voices and concerns are heard amid competing changes to framework text. This is even more difficult for Indigenous peoples. During negotiations, countries speak first on which text they’d like amended. This ordering process means Indigenous peoples have two options. One, they can work with countries to negotiate on their behalf. Or two, they have to wait until all countries have had their turn to speak. Waiting for other countries to speak can take a long time, often leading well into the night before Indigenous peoples and observers can speak and texts are accepted (if there is agreement). There are positive signs Encouragingly, Indigenous participation and influence in global environmental agreements has increased over time. There are also positive signs from the High Ambition Coalition for Nature and People – an intergovernmental group of more than 100 countries. This coalition has increasingly shifted its position to acknowledge the people who help conserve nature as the negotiations have progressed. Read more: 'Revolutionary change' needed to stop unprecedented global extinction crisis But Indigenous representation at these forums, including voting for preferred text, remains vital. And Indigenous people’s rights must be reflected in the way targets are set. Different types of Indigenous conservation areas around the world must be recognised and, importantly, properly funded and resourced. Also crucial is for all Pacific nations, including Australia and New Zealand, to ratify the Nagoya Protocol on Access and Benefit-sharing, which deals with the respect for and protection of Indigenous knowledge. Unless rapid and transformative change occurs across societies and economies, we risk losing much of the variety of life. Indigenous leadership is fundamental to stop this from happening. Zsofia Korosy receives funding from the Sustainable Development Reform Hub at UNSW for a project on Power and Inclusion in Biodiversity Governance.Anthony Burke is a Principal of the Planet Politics Institute.Daniel Robinson receives funding from the Australian Research Council for a Discovery Project called Indigenous Knowledge Futures, and previously received funding from the EU and GIZ for a project called ABS Initiative for implementing the Nagoya Protocol to the Convention on Biological Diversity in the Pacific.Katie Moon received funding from the Sustainable Development Reform Hub at UNSW for a project on Power and Inclusion in Biodiversity Governance.Margaret Raven receives funding from: Australian Research Council. National Health and Medical Research Council.Michelle Lim does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Almost 200 countries are reckoning with the world’s extraordinary loss of the variety of life at the COP15 nature summit in Canada. Here’s why Indigenous involvement is crucial.

Craig Stennett/Getty Images

At the crucial COP15 nature summit in Canada, almost 200 countries are reckoning with the world’s extraordinary loss of the variety of life. Climate change, mining, urban development and more are threatening Earth’s biodiversity to an extent never before witnessed in human history.

The conference will see countries negotiate a global 2030 plan, called the Global Biodiversity Framework, to set worldwide targets for a range of issues, from establishing national parks to habitat destruction. The framework will hopefully be delivered by next Monday (19 December).

But so far, the draft text is lacking a fundamental element: adequate inclusion of language and perspectives from Indigenous peoples and local communities. Without Indigenous and local community leadership, any biodiversity targets will remain out of reach.

Despite comprising less than 5% of the global population, Indigenous peoples protect an estimated 80% of global biodiversity. Yet, the capacity of Indigenous peoples and local communities to continue to exercise this stewardship is being actively eroded across the world. Issues of power and inclusion in the current draft framework must therefore be resolved.

Indigenous and local community leadership is critical

Indigenous land management delivers better outcomes for biodiversity – the fabric of life on Earth.

Indigenous peoples influence management of more than a quarter of land on Earth. Indigenous lands account for at least 40% of global protected lands. And an estimated 80% of global biodiversity is on lands owned, occupied or used by Indigenous peoples.


Read more: Indigenous lands have less deforestation than state-managed protected areas in most of tropics


A 2019 study involving Australia, Brazil and Canada found total numbers of birds, mammals, amphibians and reptiles were highest on lands managed or co-managed by Indigenous communities.

Another study last year looked at tropical forests in Africa, central and South America and the Asia Pacific region. It found deforestation rates on Indigenous lands were between 17 and 26% lower on average, compared to unprotected tropical forests worldwide.

Yet, maintaining and expanding Indigenous forms of land management is threatened by other interests, such as mining, transport, energy production and distribution, and commodity production.

The former Bolsonaro administration’s attacks on Indigenous rights in Brazil is a clear example. There, the combination of human rights violations and unsustainable extraction led to murders, cultural erosion, and degradation of forest ecosystems.

Meanwhile, in the Pacific Islands, climate change reduces the capacity of local people to care for their ecosystems and threatens their livelihoods. For example, warming waters due to climate change will alter the breeding patterns and habitats of many coastal fish species.

Indigenous and local knowledge is key to ensuring the resilience of marine ecosystems in the Pacific in the face of global environmental change.

Resolving issues of power and inclusion

The Global Biodiversity Framework is important because, if concluded, it will set more than 20 worldwide targets for biodiversity.

One key target being negotiated is to protect 30% of land and sea by 2030, commonly referred to as the 30x30 Initiative.

Another addresses inclusion and participation, particularly as it relates to Indigenous peoples and local communities. This target exists thanks to efforts of the International Indigenous Forum on Biodiversity.


Read more: Avoiding climate breakdown depends on protecting Earth’s biodiversity -- can the COP15 summit deliver?


But considerable disagreement still surrounds the language of targets such as these.

In negotiated text, square brackets are placed around words on which countries do not yet agree. Much of the current text of the framework remains in brackets.

As we enter the final week of negotiations, the extent of remaining disagreement is deeply concerning. There is a risk that, even if the framework is concluded, it will include, at best, heavily watered down targets.

Indigenous representatives have raised significant concerns about the lack of language and perspectives of Indigenous peoples and local communities in the framework’s draft text.

The International Indigenous Forum on Biodiversity highlights issues with the negotiation process as well as the text itself.

For example, the 30x30 Initiative aims to use area-based conservation measures, such as protected areas or parks. Many Indigenous people are concerned about how this target could affect their rights.

Indigenous people worldwide have experienced exclusion from their ancestral homes, often in the name of “conservation” or under the guise of “wilderness”. The rationale is that it’s necessary to remove people and their practices to protect land and seascapes rich with diverse life.

For example, in South East Asia the traditional farming method of swidden cultivation has been banned or disincentivised as part of larger conservation programs, despite evidence that the practice supports livelihoods and ecosystem health.

Such exclusion of Indigenous people ignores their important roles over millenia securing and maintaining biodiversity over lands and seas for thousands of years.

The negotiation process makes it difficult for key voices to be heard. Large Ocean Island States of the Pacific – such as Fiji, Kiribati and Cook Islands – often have to negotiate as a bloc to ensure their voices and concerns are heard amid competing changes to framework text.

This is even more difficult for Indigenous peoples. During negotiations, countries speak first on which text they’d like amended. This ordering process means Indigenous peoples have two options.

One, they can work with countries to negotiate on their behalf. Or two, they have to wait until all countries have had their turn to speak.

Waiting for other countries to speak can take a long time, often leading well into the night before Indigenous peoples and observers can speak and texts are accepted (if there is agreement).

There are positive signs

Encouragingly, Indigenous participation and influence in global environmental agreements has increased over time.

There are also positive signs from the High Ambition Coalition for Nature and People – an intergovernmental group of more than 100 countries. This coalition has increasingly shifted its position to acknowledge the people who help conserve nature as the negotiations have progressed.


Read more: 'Revolutionary change' needed to stop unprecedented global extinction crisis


But Indigenous representation at these forums, including voting for preferred text, remains vital. And Indigenous people’s rights must be reflected in the way targets are set. Different types of Indigenous conservation areas around the world must be recognised and, importantly, properly funded and resourced.

Also crucial is for all Pacific nations, including Australia and New Zealand, to ratify the Nagoya Protocol on Access and Benefit-sharing, which deals with the respect for and protection of Indigenous knowledge.

Unless rapid and transformative change occurs across societies and economies, we risk losing much of the variety of life. Indigenous leadership is fundamental to stop this from happening.

The Conversation

Zsofia Korosy receives funding from the Sustainable Development Reform Hub at UNSW for a project on Power and Inclusion in Biodiversity Governance.

Anthony Burke is a Principal of the Planet Politics Institute.

Daniel Robinson receives funding from the Australian Research Council for a Discovery Project called Indigenous Knowledge Futures, and previously received funding from the EU and GIZ for a project called ABS Initiative for implementing the Nagoya Protocol to the Convention on Biological Diversity in the Pacific.

Katie Moon received funding from the Sustainable Development Reform Hub at UNSW for a project on Power and Inclusion in Biodiversity Governance.

Margaret Raven receives funding from: Australian Research Council. National Health and Medical Research Council.

Michelle Lim does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Read the full story here.
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Environmental groups sue over Biden administration approval of Alaska oil drilling project

Two separate coalitions of environmental organizations have sued the Biden administration over its approval of the Willow Project, a controversial oil drilling project in northwestern Alaska. The litigation accuses the administration of insufficiently assessing how the endeavor would affect the surrounding indigenous community and endangered species. Representatives for the nearby village of Nuiqsut made similar...

Two separate coalitions of environmental organizations have sued the Biden administration over its approval of the Willow Project, a controversial oil drilling project in northwestern Alaska. The litigation accuses the administration of insufficiently assessing how the endeavor would affect the surrounding indigenous community and endangered species. Representatives for the nearby village of Nuiqsut made similar allegations in public comments in January, saying they were not given the opportunity to meaningfully participate in the feedback process. In the lawsuits, plaintiffs argued that the approval, which the Interior Department announced Monday, constitutes a violation of the National Environmental Protection Act (NEPA) and did not properly consider alternatives that would result in lower carbon emissions. The administration, the plaintiffs wrote, based their decision on a “mistaken conclusion” that it lacked the authority to deny or significantly curtail the ConocoPhillips project. The alternatives the Interior Department examined were limited in range to a scenario in which the oil company developed 100 percent of available supplies to 92 percent, according to the lawsuit. The Department of Interior declined to comment on the litigation. Plaintiffs in the first lawsuit include the Sovereign Iñupiat for a Living Arctic, Alaska Wilderness League, Environment America, Northern Alaska Environmental Center, Sierra Club and the Wilderness Society, while the second suit was brought by Earthjustice, the Center for Biological Diversity, Defenders of Wildlife, Friends of the Earth, Greenpeace and the Natural Resources Defense Council. “It’s shocking that Biden greenlit the Willow project despite knowing how much harm it’ll cause Arctic communities and wildlife,” said Kristen Monsell, a senior attorney at the Center for Biological Diversity. “Now we have to step up and fight for these priceless wild places and the people and animals that depend on them. It’s clear that we can’t count on Biden to keep his word on confronting climate change and halting drilling on public lands.” The Bureau of Land Management first approved the Willow Project under the Trump administration in 2020, but a federal court in 2021 sided with conservation and indigenous groups that said the risk assessments were insufficient and ordered the government to redo them. The Biden administration’s approval, the lawsuits argued, contained the same deficiencies. The Biden administration estimates the Willow Project would generate about 239 million metric tons of carbon dioxide emissions over 30 years, even as the administration has set a goal of halving U.S. emissions by the end of the decade. The Monday announcement sparked outrage among environmentalist groups, many of them longtime administration allies, despite the Interior department’s emphasis on its reduction of the drill pads from five to three.

Indigenous group says company offering Australian land to Oscar nominees used its name and material without permission

Indigenous Carbon Industry Network says it has no connection with Pieces of Australia, which confirmed it has removed content that may have been inappropriately usedGet our morning and afternoon news emails, free app or daily news podcastThe company offering Oscar nominees “a symbolic souvenir” of land in outback Australia says it has removed material, including the name of an Indigenous organisation, from its marketing after being accused of using it without consent.Pieces of Australia is one of a number of brands to pay $4,000 to secure a spot in the Oscars gift bag that is unaffiliated with the Academy of Motion Picture Arts and Sciences, but sent by the company Distinctive Assets to the acting and directing nominees.Sign up for a weekly email featuring our best reads Continue reading...

Indigenous Carbon Industry Network says it has no connection with Pieces of Australia, which confirmed it has removed content that may have been inappropriately usedGet our morning and afternoon news emails, free app or daily news podcastThe company offering Oscar nominees “a symbolic souvenir” of land in outback Australia says it has removed material, including the name of an Indigenous organisation, from its marketing after being accused of using it without consent.Pieces of Australia is one of a number of brands to pay $4,000 to secure a spot in the Oscars gift bag that is unaffiliated with the Academy of Motion Picture Arts and Sciences, but sent by the company Distinctive Assets to the acting and directing nominees.Sign up for a weekly email featuring our best reads Continue reading...

Addressing Alberta’s leaky tailings ponds is Canada’s chance to keep promises to Indigenous Peoples

By Aliénor Rougeot and Melody Lepine The tailings ponds in Alberta are growing — and leaking. The feds need to ask Indigenous nations before allowing oilsands companies to release them into rivers

By Aliénor Rougeot and Melody Lepine At COP15, the United Nations Biodiversity Conference, Canada focused on biodiversity protection, meaningful partnership with Indigenous Peoples and science-based policies.  Yet when the rubber hits the road on each of these priorities with cases like the oilsands tailings ponds, Canada is headed the wrong way. It is time for the government to put a stop to the oil industry’s toxic takeover of lands. Tailings ponds are industry-made reservoirs the size of lakes that store nearly 1.4 trillion litres of toxic byproduct from oil production. They cover vast swaths of the boreal forest in Northern Alberta, currently taking up over 300 square kilometres — enough to cover the city of Paris three times over. They contain dangerous chemicals such as ammonia, lead, mercury, benzene and naphthenic acids, and are known to leak and evaporate their toxic content into the surrounding environment.  Conservation advocates have long raised concerns about birds such as great blue herons, landing in oilsands tailings ponds. More than one million migratory birds fly over the reach each year. Photo: Carol Linnitt / The Narwhal More than one million migratory birds fly over the oilsands region during their spring and fall migrations, including endangered species such as whooping cranes. Birds mistake tailings “ponds” for safe rest stops along their migratory route and either perish or suffer later on due to the acute toxicity of the mixture. Fish have been spotted with tumours, while Indigenous communities using the land report a noticeable decline in wildlife in the area, from big caribou to small muskrats. The very existence of the “ponds” destroyed hundreds of square kilometres of carbon-sequestering peatlands, which cannot be restored. Tailings pollution in the oilsands is a symbol of colonial injustice. Since the creation of the “ponds,” the nations downstream of the oilands, including Mikisew Cree First Nation, have been participating in federal and provincial consultations, monitoring programs and environmental assessments.  Not once in nearly fifty years, since the oilsands operations began had there been an acknowledgment of the risks posed by the tailings — despite the nations voicing their concerns for ecological and human wellbeing and asking for adequate risk studies to be conducted. Government considering allowing oilsands companies to release tailings ponds into river Now, a new plan is being hatched in the oilsands: oil companies want to flush partially treated tailings ponds into the Athabasca River, which the Fisheries Act currently forbids.  We’ve tripled our Prairies coverage The Narwhal’s Prairies bureau is here to bring you stories on energy and the environment you won’t find anywhere else. Stay tapped in by signing up for a weekly dose of our ad‑free, independent journalism. The Narwhal’s Prairies bureau is here to bring you stories on energy and the environment you won’t find anywhere else. Stay tapped in by signing up for a weekly dose of our ad‑free, independent journalism. We’ve tripled our Prairies coverage Canada has been considering obliging the industry’s request. But if Canada is sincere about its commitment to science-based policy, it should listen to the scientists calling for an independent risk assessment of the proposed release. Any authorized release should also commit to the highest possible water-quality standards.   The ecological value of the potentially impacted area can not be overstated. The Athabasca River is one of the headwaters of the Mackenzie River Basin, the largest watershed in Canada and the most intact large-scale ecosystem on the continent. As an integral part of the Arctic drainage basin, it is the Arctic Amazon. The nearby Wood Buffalo National Park, a UNESCO World Heritage Site, is already in jeopardy due to industrial activity in the area and the threat of tailings release. Not far from the oilsands, Wood Buffalo National Park, itself a UNESCO World Heritage Site, is in jeopardy due to industrial activity in the area. Photo: Louis Bockner / Sierra Club BC The communities and species of the area already feel the cumulative impacts of oilsands exploitation and other industrial activity. 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Dene lawyer Daniel T’seleie argues Canada has a legal obligation to obtain the consent of all nations impacted by the release due to its passing of Bill C-15, which stipulates “Canada must take all measures necessary to ensure that its laws are consistent with the United Nations Declaration on the Right of Indigenous Peoples.” Alberta’s oilsands tailings ponds are the largest in the world. The federal government is developing regulations to allow for treated tailings water to be released back into the environment. Photo: Alex MacLean Canada must also bring Indigenous nations, oilsands operators and relevant provincial authorities to the same table and negotiate a plan for fulsome reclamation of the area, paid for by the operators.  Finally, Canada must ensure that solutions to the tailings issue are supported by thorough and independent risk assessment to align with Minister of Environment and Climate Change Steven Guilbeault’s statement during COP15 that “this government’s core value is science underpinning policy.” We will be watching the government’s actions very closely to see if they align with those values.

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